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96 STAT. 1911

(INCLUDING TRANSFER OF FUNDS)

SEC. 109. Notwithstanding any other provision of this joint resolution, the following administrative provision shall apply to the Veterans Administration: The $35,000,000 limitation on Veterans Administration medical automatic data processing services carried in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1983 (Public Law 97-272), is hereby repealed: Provided, That none of the funds which are made available by this or any other Act shall be used to further develop, implement, install, administer, operate, or maintain the computerized medical information support system (COMISS) as described in the VA ADP and Telecommunications Plan, fiscal years 1984-1987, dated September 1982, except to administer, operate and maintain the currently operational outpatient automated pharmacy, prescription, labeling, and editing system (APPLES) at locations where such system is currently operating: Provided further, That fifty-two of the full-time equivalent employment (FTEE) ceiling assigned to the Office of Data Management and Telecommunications for the development of COMISS shall immediately be transferred to the Department of Medicine and Surgery to support the decentralized hospital computer program: Provided further. That the FTEE ceiling for the Office of Data Management and Telecommunications in fiscal year 1983 shall not exceed one thousand nine hundred and thirty-four, including not to exceed one FTEE located in the Central Office to support APPLES: Provided further. That $1,000,000 of the amount appropriated to the "General operating expenses" account in the Department of Housing and Urban Development-Independent Agencies Appropriation Act, 1983 (Public Law 97-272), is hereby transferred to the "Medical care" account to support the transferred FTEE. SEC. 110. Notwithstanding any other provision of this joint resolution, moneys deposited into the National Defense Stockpile Transaction Fund under section 9(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98h(b)) are hereby made available, subject to such limitations as may be provided in appropriation Acts and in section 5(a)(1) of such Act, until expended for the acquisition of strategic and critical materials under section 6(a)(1) of such Act (and for transportation and other incidental expenses related to such acquisition). This paragraph applies without fiscal year limitation to moneys deposited into the fund before, on, or after October 1, 1982: Provided, That during the fiscal year ending on September 30, 1983, not more than $120,000,000 in addition to amounts previously appropriated in prior years, may be obligated from amounts in the National Defense Stockpile Transaction Fund for the acquisition of strategic and critical materials under section 6(a)(1) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98e(a)(l)) and for transportation and other incidental expenses related to such acquisition. SEC. IIIA. Notwithstanding section 102(c) of this joint resolution. subsection (c) of section 4 of the Commission on Wartime Relocation and Internment of Civilians Act (50 U.S.C. App. 1981 note) is amended by striking out "shall submit" and all that follows through the end of the subsection and inserting in lieu thereof "may make available to the public such interim findings and other information as it deems appropriate and shall submit a written report of its

Ante, p. 1160.

50 USC 98d. 50 USC 98e.

Ante, p. 1909.

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PUBLIC LAW 97-377—DEC. 21, 1982

findings and recommendations to Congress not later than June 30, 1983.". Six-day and SEC. IIIB. Notwithstanding any other provision of this joint rural mail resolution the Postal Service shall continue six-day delivery of mail 39 UScTos note ^^^ rural delivery of mail shall continue at the 1982 level. SEC. 112. Notwithstanding any other provision of this joint resoluAnte, p. 1909. tion, except section 102(c), there are appropriated to the Postal Service Fund sufficient amounts so that postal rates for all preferred-rate mailers covered by section 3626 of title 39, United States Code, shall be maintained at Step 14. 42 USC 603 note. SEC. 113. No reduction in the amount payable to any State under 42 USC 601. title IV of the Social Security Act with respect to any of the fiscal years 1977 through 1983 shall be made prior to the date on which this resolution expires on account of the provisions of section 403(h) 42 USC 603. of such Act. SEC. 114. Notwithstanding any other provision of this joint resolution or any other provision of law, none of the funds made available under this resolution or any other law shall be used for the purposes of conducting any studies relating or leading to the possibility of changing from the currently required "at cost" to a "market rate" or any other noncost-based method for the pricing of hydroelectric power by the six Federal public power authorities, or other agencies or authorities of the Federal Government, except as may be specifically authorized by Act of Congress hereafter enacted. SEC. 115. Notwithstanding any other provision of this joint resolution, except section 102, expenditures from the Bonneville Power 16 USC 838. Administration Fund, established pursuant to Public Law 93-454, are approved for construction of Boundary Integration and Colville Valley Support; official reception and representation expenses in an amount not to exceed $2,500; and for the purposes of providing funds for conservation and renewable resource loans and grants as specified in the Pacific Northwest Electric Power Planning and Conserva16 USC 839. tion Act (Public Law 96-501), $1,250,000,000 borrowing authority is made available to remain outstanding at any given time: Provided, That the obligation of such additional borrowing authority not exceed $276,000,000 in fiscal year 1983. SEC. 116. Notwithstanding any other provision of this joint resolution, there is appropriated to the Department of the Treasury $248,000,000 for "Salaries and expenses". Bureau of Government Financial Operations; $170,510,000 for "Salaries and expenses". Internal Revenue Service; $1,009,409,000 for "Examinations and Appeals", Internal Revenue Service; $1,000,778,000 for "Taxpayer Service and Returns Processing", Internal Revenue Service; $553,700,000 for "Salaries and expenses". United States Customs Service: Provided, That none of these funds shall be available to close or relocate Customs offices in Duluth, Minnesota/Superior, Wisconsin; Milwaukee, Wisconsin; Bridgeport, Connecticut; Hartford, Connecticut; Portland, Oregon; Miami, Florida; St. Albans, Vermont; or Anchorage, Alaska, or to consolidate or reduce personnel, programs or functions of these offices; and $235,000,000 for "Salaries and expenses" (including the hire of 200 new special agents). United States Secret Service. SEC. 117. None of the funds contained in this resolution shall be available for the implementation and enforcement of any Internal Revenue ruling relating to the application of sections 511, 512, and 26 USC 511, 512, 513 of the Internal Revenue Code to revenues generated as a result 513-

of North Dakota C e n t u r y Code chapter 53-06.

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


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96 STAT. 1913

SEC. 118. Notwithstanding any other provision of this joint resolution, $770,000,000 shall be available for rental of space within the Federal Buildings Fund of the General Services Administration. SEC. 119. Notwithstanding any other provision of this joint resolution, none of the funds made available by this Act shall be used to reduce the number of positions allocated to taxpayer service activities below fiscal year 1982 levels or to reduce the number of positions allocated to any other direct taxpayer assistance functions below fiscal year 1982 levels, including, but not limited to toll free telephone tax law assistance and Internal Revenue Service walk-in assistance available at Internal Revenue Service field offices. SEC. 120. Notwithstanding any other provision of this joint resolution, none of the funds made available to the General Services Administration under this Act shall be obligated or expended after date of enactment of this Act for the procurement by contract of any service which, before such date, was performed by individuals in their capacity as employees of the General Services Administration in any position described in section 3310 of title 5, United States Code. SEC. 121. Notwithstanding any other provision of this joint resolution, funds available to the Federal Building Fund within the General Services Administration may be used to initiate new construction, purchase, advance design, and repairs and alteration line-item projects which are included in the Treasury, Postal Service and General Government Appropriation Act, 1983, as passed by the House or as reported to the Senate. SEC. 122. Section 2 of Reorganization Plan Numbered 3 of 1979 (93 Stat. 1382, 5 U.S.C. Appendix) is amended by adding thereto a new subsection (e) as follows: "(e) There shall be in the Department of Commerce a Director General of the United States and Foreign Commercial Services who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at the rate prescribed by law for level IV of the Executive Schedule." SEC. 123. Section 5314 of title V, United States Code is amended by adding the following at the end thereof: "Executive Director Property Review Board". SEC. 124. Section 305(b) of Public Law 97-253 is amended by inserting before the period the following: ", except for those individuals who serve three days or less in the month of retirement". SEC. 125. No funds appropriated by this joint resolution or any other Act may be used to enter into a restructured contract of the National Aeronautics and Space Administration for tracking and data relay satellite services if the estimated impact on total program cost of such restructured contract exceeds $216,000,000, or if the estimated total cost of the restructured tracking and data relay satellite services program exceeds $2,704,000,000, unless the Committees on Appropriations, having been apprised of higher estimates by the Administrator of the National Aeronautics and Space Administration, approve entering into such contract: Provided, That if at any time the Administrator of the National Aeronautics and Space Administration estimates that the total cost of the tracking and data relay satellite services program will exceed $2,704,000,000, or that the impact on total cost of restructuring the contract for such services will exceed $216,000,000, he shall promptly notify the Committees on Appropriations and shall take no actions that would

19 USC 2171 note. Director General of United States and Foreign Commercial Services, Presidential appointment. 5 USC 5315. Ante, p. 795. 5 USC 8345 note.

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20 USC 236. 2 USC 88b-2, 88b-3, 88b-4.

5 USC 5318 note. Ante, p. 1186. Executive Schedule, pay adjustments.

PUBLIC LAW 97-377—DEC. 21, 1982

cause such costs to increase without the approval of the Committees on Appropriations. SEC. 126. Of the funds made available to the Department of Defense by this joint resolution, $200,000 shall be transferred to the Department of Education which shall grant such sum to the Board of Education of the Highland Falls-Fort Montgomery, New York central school district. The funds transferred by this section shall be in addition to any assistance to which the Board may be entitled under subchapter 1, chapter 13 of title 20 United States Code. SEC. 127. The provisions of H. Res. 611, 97th Congress, approved November 30, 1982, relating to the House of Representatives Page Board, shall be the permanent law with respect thereto. SEC. 128. No funds provided under this joint resolution shall be used to deny or reduce supplemental security income or aid to families with dependent children benefits because of home energy assistance provided by a private nonprofit organization, or any entity whose revenues are primarily derived on a rate-of-return basis regulated by a State or Federal governmental body, if the appropriate State agency has certified that such assistance was based on need as determined by such organization or entity. SEC. 129. (a) Section 101(e) of Public Law 97-276 is amended by striking out "December 17, 1982," and inserting "September 30, 1983,". (b) In lieu of payment of salary increases of up to 27.2 percent as authorized by law for senior executive, judicial, and legislative positions (including Members of Congress), it is the purpose of this section to limit such increases to 15 percent. Notwithstanding the provisions of section 306 of S. 2939 made applicable by subsection (a) of this section, nothing in subsection (a) shall (or be construed to) require that the rate of salary or pay payable to any individual for or on account of services performed after December 17, 1982, be limited to an amount less than the rate (or maximum rate, if higher) of salary or pay payable as of such date for the position involved increased by 15 percent and rounded in accordance with section 5318 of title 5, United States Code. (c) Subsection (b) shall not apply to Senators. (d) For the purposes of any rule, regulation, or order having the force and effect of law and limiting the annual rates of compensation of officers and employees of the Senate by reference to the annual rate of pay of Senators, the annual rate of pay of Senators shall be deemed to be the annual rate of pay that would be payable to Senators without regard to subsection (c) of this section. SEC. 130. Notwithstanding any other provision of this joint resolution, there is appropriated to the "Federal Labor Relations Authority", $15,500,000. SEC. 131. Notwithstanding any other provision of this joint resolution, the Secretary of the Treasury shall instruct the United States executive directors of the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the International Monetary Fund, the Asian Development Bank, the African Development Bank, and the African Development Fund to use the voice and vote of the United States to oppose any assistance by these institutions, using funds appropriated or made available pursuant to this or any other Act, for the production of any commodity for export, if it is in surplus on world

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 PUBLIC LAW 97-377—DEC. 21, 1982 markets and if the assistance will cause substantial injury to United States producers of the same, similar, or competing commodity. SEC. 132. Notwithstanding any other provision of this joint resolution, none of the funds appropriated or made available (other than funds for "Operating expenses of the Agency for International Development") pursuant to this Act for carrying out the Foreign Assistance Act of 1961, may be used to finance the operating expenses of the Agency for International Development, except that funds contained in deferral numbered D83-1 shall be used for operating expenses of the Agency for International Development. SEC. 133. Notwithstanding any other provision of this joint resolution, none of the funds appropriated under section 101(b) of this joint resolution may be available for any country during any 3-month period beginning on or after October 1, 1982, immediately following the certification of the President to the Congress that such country is not taking adequate steps to cooperate with the United States to prevent narcotic drugs and other controlled substances (as listed in the schedules in section 202 of the Comprehensive Drug Abuse and Prevention Control Act of 1971 (21 U.S.C. 812)) which are produced, processed, or transported in such country from entering the United States unlawfully. SEC. 134. Notwithstanding any other provision of this joint resolution, of the new obligational authority appropriated under section 101(b) to carry out the provisions of sections 103 through 106 of the Foreign Assistance Act of 1961, not less than 30 percent shall be available for loans for the fiscal year 1983 (funds for such loans shall remain available for obligation until September 30, 1984): Provided, That loans made pursuant to this authority to countries whose annual per capita gross national product is greater than $795 but less than $1,285 shall be repayable within twenty-five years following the date on which funds are initially made available under such loans and loans to countries whose annual per capita gross national product is greater than or equal to $1,285 shall be repayable within twenty years following the date on which funds are initially made available under such loans. SEC. 135. Payments required by section 4 of Public Law 97-346 with respect to the Vice President, Senators, and officers and employees of the Senate shall be paid from the contingent fund of the Senate out of the account in such fund for "Miscellaneous Items". SEC. 136. Any commuter authority operating commuter service transferred from the Consolidated Rail Corporation under part 2 of the Northeast Rail Service Act of 1981 shall be subject to applicable laws with respect to such service. SEC. 137. Conrail employees who are deprived of employment by assumption or discontinuance of intercity passenger service by Amtrak shall hereafter be eligible for employee protection benefits under section 701 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797), notwithstanding any other provision of law, agreement, or arrangement, and notwithstanding the inability of such employees otherwise to meet the eligibility requirements of such section. Such protection shall be the exclusive protection applicable to Conrail employees deprived of employment or adversely affected by any such assumption or discontinuance. SEC. 138. Notwithstanding any other provision of this joint resolution, the provisions of section 616 of H.R. 7158, the Tresisury, Postal Service, and General Government Appropriation Act, 1983,

96 STAT. 1915

22 USC 2151 ^°^-

22 USC 2l5la-2l5ld.

^"^«. P- 1650.

45 USC 591 note, 95 Stat 647. ^^ ^°^ "^'^^• 45 USC 1113 ^°^-

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 96 STAT. 1916

91 Stat. 225.

33 USC 701r-l, ^^^^-

Ante, p. 1909. Ante, p. 1198.

PUBLIC LAW 97-377—DEC. 21, 1982

and section 614 of S. 2916, the Treasury, Postal Service, and General Government Appropriation Bill 1983, shall not apply to funds appropriated or otherwise made available by this joint resolution. SEC. 139. None of the funds appropriated in this Act may be obligated or expended in any way for the purpose of the sale, lease, or rental of any portion of land currently identified as Fort DeRussy Honolulu, Hawaii. SEC. 140. The authorization for the water project on Bradley Lake, near Cook Inlet, Alaska described in the plans recommended in the report of the Chief of Engineers contained in House Document Numbered 455, 87th Congress, which plan was adopted and authorized by the Flood Control Act of 1962 (76 Stat. 1180, 1193) is hereby terminated: Provided, That for clarification, funds in the amount of $31,050,000 authorized to be appropriated in fiscal year 1978 for continuation of construction of distribution systems and drains on the San Luis Unit, Central Valley Project under Public Law 95-46 shall remain available until expended: Provided further. That $4,000,000 shall be made available for the Yatesville Lake construction project: Provided further. That funds available or hereafter made available for the project for flood protection on the Sacramento River, California, authorized by the Flood Control Act of 1960, may be used for construction of bank erosion control works along the banks of the Sacramento River for Chico Landing to the upstream ends of the project levees. SEC. 141. Notwithstanding any other provision of this joint resolution, including section 102, there are appropriated $3,500,000 for carrying out the Runaway and Homeless Youth Act, which is in addition to amounts otherwise available under section 137 of Public Law 97-276 and under this joint resolution for carrying out such Act. SEC. 142. (a) For payment to the Alaska Railroad Revolving Fund for capital improvements, replacements, operations, and maintenance, $7,600,000, to remain available until expended. O> For an additional amount to execute contracts for the Dodge t) Island Bridge Project, Miami, Florida, in accordance with the provisions of Title 23, United States Code, Section 144, $23,200,000 to be derived from the Highway Trust Fund, and to remain available until expended: Provided, That, notwithstanding any other provision of law, obligations incurred under this section shall not be subject to any limitation on obligations for federal-aid highways. SEC. 143. Notwithstanding any other provision of this joint resolution, until the United States Court of Appeals for the District of Columbia renders a final decision in Case No. 82-2389, (National Cable Television Assoc, Inc. v. Copyright Royalty Tribunal), or March 15, 1983, whichever occurs first, no funds appropriated by this joint resolution or any other Act of Congress which provides funds for the Library of Congress and tl>e Copyright Royalty Tribunal for fiscal year 1983 shall be expended to implement, enforce, award, or collect royalty fees under, and no obligation or liability for copyright royalty fees shall accrue until March 15, 1983 pursuant to, the decision announced by the Copyright Royalty Tribunal on October 20, 1982, Docket Numbered 81-2, and any subsequent decision, order, memorandum, or opinion issued by the Tribunal in such docket, insofar as such decision and any subsequent decision, order, memorandum, or opinion relate to the establishment of a royalty rate of 3.75 per centum of the gross receipts of certain cable systems for the carriage of certain distant signal equivalents. Nothing in this

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96 STAT. 1917

section shall be construed as barring the Copyright Royalty Tribunal from expending funds to decide, and to issue written materials with regard to its Docket Number 81-2, and to defend in court or elsewhere its decisions, orders, memoranda, or opinions in such docket or relating to the subject matter of such docket. Nothing in this joint resolution shall inhibit the Library of Congress and the Copyright Office from expending funds duly appropriated for the general purpose of administering the Copyright Act, 17 USC lOl et including the compulsory licensing provisions therein, except as *^9solely and specifically related to implementation of the Copyright Royalty Tribunal's rate determination of October 20, 1982 as set out in 47 FR 52146 (November 19, 1982) until the Court of Appeals has rendered a final decision regarding said determination as it relates to the distant signal rate adjustment. SEC. 144. Notwithstanding any provision of this joint resolution or any other law or regulation, payments for local educational agencies under the Act of September 30, 1950 (Public Law 874, 81st Congress) 20 USC 236. in Montana for fiscal year 1983 shall be computed from corrected 1981 financial data. The provisions of this section shall not apply unless the following conditions are met: (1) No such payments shall be made until an audit is conducted. (2) No such payments shall be made prior to March 30, 1983. (3) The total amount of the increase in payments made by reason of this section shall not exceed $3,000,00. (4) No such payments shall be made prior to the submission of the audit report to the Committee on Appropriations of the Senate and of the House of Representatives. SEC. 145. Notwithstanding any other provision of this joint resolution, section 5546a(a) of title 5, United States Code, is amended (1) by deleting the period at the end of paragraph (2) of subsection (a) and inserting in lieu thereof a semicolon and the word "and", and (2) by inserting immediately after paragraph (2) of subsection (a) the following new paragraph: "(3) any employee of the Federal Aviation Administration who occupies a position at the Federal Aviation Administration Academy, Oklahoma City, Oklahoma, the duties of which are determined by the Administrator to require the individual to be actively engaged in or directly responsible for training employees to perform the duties of a position described in subparagraph (a); (b); or (c) or paragraph (1) of this subsection, and who, immediately prior to assuming such position at such Academy, occupied a position referred to in subparagraph (a), (b), or (c) of paragraph (1) of this subsection.". SEC. 146. No funds, including funds provided in this joint resolution or in the account entitled "Expenses, Disposal of Surplus Real and Related Personal Property" (Account No. 47-5254-0-2-804), may be expended by the General Services Administration to proceed with any sale or disposal of real property and improvements known as the Naval and Marine Corps Reserve Center at Beavertail Point, Jamestown, Rhode Island, containing 6.81 acres, more or less, and identified by General Services Administration control number N-RI-482A. SEC. 147. Section 1618 of the Social Security Act is amended by 42 USC I382g. adding the following new subsection: "(c) The Secretary shall not find that a State has failed to meet the requirements imposed by paragraph (4) of subsection (a) with respect to the levels of its, supplementary payments for

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 96 STAT. 1918

95 Stat. 893. 42 USC 8621.

23 USC 103.

30 USC 1235 "°*®30 USC 1235. 42 USC 300v. Ante, p. 180.

Ante, p. 1186.

PUBLIC LAW 97-377—DEC. 21, 1982

any portion of the period July 1, 1980 through June 30, 1981, if the State's expenditures for such payments in that twelvemonth period were not less than its expenditures for such payments for the period July 1, 1976 through June 30, 1977 (or, if the State made no supplementary payments in the period July 1, 1976 through June 30, 1977, the expenditures for the first twelve-month period extending from July 1 through June 30 in which the State made such payments).". SEC. 148. There is appropriated $25,000,000 for carrying out title XXVI of the Omnibus Budget Reconciliation Act of 1981, relating to JQ^ income home energy assistance, which is in addition to amounts otherwise available for such title XXVI under this joint resolution. SEC. 149. (A) Notwithstanding the first sentence of section 103(e)(4) of title 23, United States Code, the Secretary of Transportation shall approve the withdrawal from the Interstate System the route of Interstate Route 95 and Interstate Route 695 from the intersection with Interstate Route 295 in Hopewell Township, Mercer County, New Jersey, to the proposed intersection with Interstate Route 287 in Franklin Township, Somerset County, New Jersey. (B) Notwithstanding any other provision of law, the Secretary of Transportation is authorized and directed, pursuant to section 103 of such title, to designate as part of the Interstate Highway System the New Jersey Turnpike from exit 10 to the interchange with the Pennsylvania Turnpike and the Pennsylvania Turnpike from such interchange to and including the proposed interchange with Interstate Route 95 in Bucks County, Pennsylvania. (C) The Secretary of Transportation is further authorized and directed to designate Interstate Route 95 and assure through proper sign designations the orderly connection of Interstate Route 95 pursuant to this section. SEC. 150. Within 60 days of receipt of a complete abandoned mine reclamation fund grant application from any eligible State under the provisions of the Surface Mining Control and Reclamation Act (91 Stat. 460) the Secretary of Interior shall grant to such State any and all funds available for such purposes in the applicable appropriSEC. 151. Notwithstanding Public Law 95-622, funds made available to the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research under Public Law 97-216 shall remain available until March 31, 1983. SEC. 152. Section 10526(a) of title 49, United States Code, is amended— (1) by striking "or" at the end of paragraph (12); (2) by striking the period at the end of paragraph (13), and inserting in lieu thereof "; or,"; and (3) by adding at the end thereof the following: "(14) transportation of broken, crushed, or powdered glass.". SEC. 153. None of the funds appropriated in this joint resolution or Public Law 97-276 shall be used for the development, initiation, or implementation of plans, drawings, architectural engineering work, design work, site preparation or acquisition for, or the construction of, any new Senate office buildings or additions to existing Senate office buildings. This provision does not apply to planning, construction, or completion for the Philip A. Hart Senate Office Building.

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96 STAT. 1919

SEC. 154 Notwithstanding any other provision of law or this joint resolution, none of the funds provided for "International Organizations and Programs" under section 101(b) of this joint resolution Ante, p. 18S0. shall be available for the United States' proportionate share for any programs for the Palestine Liberation Organization, the Southwest Africa Peoples Organization, or Cuba. SEC. 155. (a) It is the purpose of this section to provide the Secretary of Energy the exclusive authority for the disbursement of the designated petroleum violation escrow funds for limited restitutional purposes (1) which are reasonably expected to benefit the class of persons injured by such violations, and (2) which, based on information previously provided to Congress by the Secretary of Energy, are likely not to be, through procedures established by regulation, otherwise refunded to injured persons because the purchasers of the refined petroleum products cannot be reasonably identified or paid or because the amount of each purchaser's overcharge is too small to be capable of reasonable determination. (b) As soon as practicable, the Secretary of Energy shall disburse designated petroleum violation escrow funds to the Governors of the States in accordance with the formula set forth in subsection (d). (c) Amounts disbursed to the Governor of any state shall be used by the Governor as if such funds were received under one or more energy conservation programs. The Governor shall identify to the Secretary within one year after the time of disbursement the energy conservation program or programs to which the funds are or will be applied. Funds disbursed under this section shall be used to supplement, and not supplant, funds otherwise available for such programs under Federal or State law. (d) The disbursement by the Secretary of Energy to each State shall be based on the ratio, calculated by the Secretary, which— (1) the volume of refined petroleum products consumed within that State during the period beginning September 1, 1973, and ending January 28, 1981, bears to (2) the volume of refined petroleum products consumed within all States during such period. Calculations made by the Secretary of Energy under this subsection shall be based upon estimates by the Secretary from reasonably available information. (e) For purposes of this section— (1) The term "designated petroleum violation escrow funds" means amounts (not in excess of $200,000,000) which are derived from settlements from alleged petroleum pricing and allocation violations generally resulting in overcharges to purchasers of refined petroleum products and held in trust accounts administered by the Department of Energy on December 17, 1982, and which— (A) are not likely to be required for satisfying claims of potential claimants identified in the proceedings of the Office of Hearings and Appeals initiated prior to December 17, 1982, or identified in judicial proceedings initiated prior to such date; and (B) the use of under this section would be consistent with the remedial order or consent order covering such funds. (2) The term "energy conservation programs" means— (A) the program under Part A of the Energy Conservation and Existing Buildings Act of 1976 (42 U.S.C. 6861 and following);

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PUBLIC LAW 97-377—DEC. 21, 1982

(B) the programs under part D of title III of the Energy PoUcy and Conservation Act (relating to primary and supplemental State energy conservation programs; 42 U.S.C. 6321 and following); (C) the program under part G of title III of Energy Policy and Conservation Act (relating to energy conservation for schools and hospitals; 42 U.S.C. 6371 and following); (D) program under the National Energy Extension Service Act (42 U.S.C. 7001 and following); and (E) the program under the Low-Income Home Energy Assistance Act of 1981 (42 U.S.C. 8621 and following). Definitions. (3) The term "State" means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession of the United States. (4) The term "Governor", when used with respect to any State, means the Governor or the chief executive officer of that State. (5) The term "refined petroleum product" means gasoline, kerosene, distillates, (including Number 2 fuel oil), LPG (other than ethane), refined lubricating oils, diesel fuel, and residual fuel oil, but does not include refinery feedstocks. (f) No funds disbursed under this section may be used for any administrative expenses of the Department of Energy or of any State, whether incurred in connection with any energy conservation program or otherwise. 42 USC 402 note. SEC. 156. (a)(1) The head of the agency shall pay each month an amount determined under paragraph (2) to a person— (A) who is the surviving spouse of a member or former member of the Armed Forces described in subsection (c); (B) who has in such person's care a child of such member or former member who has attained sixteen years of age but not eighteen years of age and is entitled to a child's insurance benefit under section 202(d) of the Social Security Act (42 U.S.C. 402(d)) for such month; and (C) who is not entitled for such month to a mother's insurance benefit under section 202(g) of the Social Security Act (42 U.S.C. 402(g)) by reason of having such child (or any other child of such member or former member) in her care. (2) A payment under paragraph (1) for any month shall be in the amount of the mother's insurance benefit, if any, that such person would receive for such month under section 202(g) of the Social 42 USC 402. Security Act if such child were under sixteen years of age, disregarding any adjustments made under section 215(i) of the Social Security 42 USC 415. Act after August 1981. However, if such person is entitled for such month to a mother's insurance benefit under section 202(g) of such Act by reason of having the child of a person other than such member or former member of the Armed Forces in such person's care, the amount of the payment under the preceding sentence for such month shall be reduced (but not below zero) by the amount of the benefit payable by reason of having such child in such person's care. (b)(1) The head of the agency shall pay each month an amount determined under paragraph (2) to a person— (A) who is the child of a member or former member of the Armed Forces described in subsection (c);

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96 STAT. 1921

(B) who has attained eighteen years of age but not twenty-two years of age and is not under a disability as defined in section 223(d) of the Social Security Act (42 U.S.C. 423(d)); (C) who is a full-time student at a postsecondary school, college, or university that is an educational institution (as such terms were defined in section 202(d)(7)(A) and (C) of the Social Security Act as in effect before the amendments made by ^2 USC 402. section 2210(a) of the Omnibus Budget Reconciliation Act of 1981 (Public Law 97-35; 95 Stat. 841)); and (D) who is not entitled for such month to a child's insurance benefit under section 202(d) of the Social Security Act (42 U.S.C. 402(d)) or is entitled for such month to such benefit only by reason of section 2210(c) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 842). 42 USC 402 note. (2) A payment under paragraph (1) for any month shall be in the amount that the person concerned would have been entitled to receive for such month as a child's insurance benefit under section 202(d) of the Social Security Act (as in effect before the amendments made by section 2210(a) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 841)), disregarding any adjustments made under section 215(i) of the Social Security Act after August 1981, but reduced 42 USC 415. for any month by any amount payable to such person for such month under section 2210(c) of the Omnibus Budget Reconciliation Act of 1981 (95 Stat. 842). (c) A member or former member of the Armed Forces referred to in subsection (a) or (b) as described in this subsection is a member or former member of the Armed Forces who died on active duty before August 13, 1981, or died from a service-connected disability incurred or aggravated before such date. (d)(1) The Secretary of Health and Human Services shall provide to the head of the agency such information as the head of the agency may require to carry out this section. (2) The head of the agency shall carry out this section under regulations which the head of the agency shall prescribe. Such regulations shall be prescribed not later than ninety days after the date of the enactment of this section. (e)(1) Unless otherwise provided by law— (A) each time after December 31, 1981, that an increase is made by law in the dependency and indemnity compensation paid under section 411 of title 38, United States Code, the head of the agency shall, at the same time and effective as of the same date on which such increase takes effect, increase the benefits paid under subsection (a) by a percentage that is equal to the overall average (rounded to the nearest one-tenth of 1 per centum) of the percentages by which each of the dependency and indemnity compensation rates under section 411 of such title are increased above the rates as in effect immediately 38USe4ll. before such increase; and (B) each time after December 31, 1981, that an increase is made by law in the rates of educational assistance allowances provided for under section 1731(b) of title 38, United States Code, the head of the agency shall, at the same time and effective as of the same date on which such increase, takes effect, increase the benefits paid under subsection (b) by a percentage that is equal to the overall average (rounded to the nearest one-tenth of 1 per centum) of the percentages by which each of the educationed assistance allowance rates provided for under section 1731(b) of such title are 38 USC 1731.

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 96 STAT. 1922

Definitions.

42 USC 3121 note.

Ante, p. 1761.

PUBLIC LAW 97-377—DEC. 21, 1982

increased above the rates as in effect immediately before such increase. (2) The amount of the benefit payable to any person under subsection (a) or (b) and the amount of any increase in any such benefit made pursuant to clause (1) or (2) of this subsection, if not a multiple of $1, shall be rounded to the next lower multiple of $1. (f) Payments under subsections (a) and (b) shall be made only for months after the month in which this section is enacted. (g)(1) During fiscal year 1983 the Secretary of Defense shall transfer from time to time from the "Retired Pay, Defense" account of the Department of Defense to the head of the agency such amounts as the head of the agency determines to be necessary to pay the benefits provided for under subsections (a) and (b) during such fiscal year and to pay the administrative expenses incurred in paying such benefits during such fiscal year. The Secretary of Defense may transfer funds under this subsection in advance of the payment of benefits and expenses by the head of the agency. (2) The head of the agency shall establish on the books of the agency over which he exercises jurisdiction a new account to be used for the payment of benefits under subsections (a) and (b) and shall credit to such account all funds transferred to him for such purpose by the Secretary of Defense. (h) The head of the agency and the Secretary of Health and Human Services may enter into an agreement to provide for the payment by the Secretary or the head of the agency of benefits provided for under subsection (a) and benefits provided for under section 202(g) of the Social Security Act (42 U.S.C. 402(g)) in a single monthly payment and for the payment by the Secretary or the head of the agency of benefits provided for under subsection (b) and benefits provided for under section 202(d) of the Social Security Act (42 U.S.C. 402(d)) in a single monthly payment, if the head of the agency and the Secretary agree that such action would be practicable and cost effective to the Government. (i) For the purposes of this section: (1) The term "head of the agency" means the head of such department or agency of the Government as the President shall designate to administer the provisions of this section. (2) The terms " active military, naval, or air service" and "service-connected" have the meanings given those terms in paragraphs (24) and (16), respectively, of section 101 of title 38, United States Code, except that for the purposes of this section such terms do not apply to any service in the commissioned corps of the Public Health Service or the National Oceanic and Atmospheric Administration. SEC. 157. Upon request of the city of Tacoma, Washington, the Secretary of Commerce shall authorize such city to sell or lease to any person the Pantages Centre for the Performing Arts building, without affecting the Federal assistance provided under the Public Works and Economic Development Act of 1965 (project numbered 07-11-02513), if such transfer documents provide for the operation of such facility as a performing arts center for at least twenty-five years after such transfer. SEC. 158. For activities of the White House Conference on Productivity, including the conduct of regional and local conferences throughout the United States, as authorized by Public Law 97-367, $1,500,000.

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 PUBLIC LAW 97-377—DEC. 21, 1982 SEC. 159. Funds in this joint resolution may not be made available for payment to the International Atomic Energy Agency unless the Board of Governors of the International Atomic Energy Agency certifies to the United States Government that the State of Israel is allowed to participate fully as a member nation in the activities of that Agency, and the Secretary of State transmits such certification to the Speaker of the House of Representatives and the President of the United States Senate. SEC. 160. Notwithstanding any other provision of this joint resolution, there is appropriated $100,000,000 for carrying out title XXVI of the Omnibus Budget Reconciliation Act of 1981, relating to low-income home energy assistance, which is in addition to amounts otherwise available for such title XXVI under this joint resolution. SEC. 161. The Nation's economy is entering the seventeeth month of a severe recession, with few signs of recovery; Nearly twenty million people are underemployed or unemployed due to this recession; Our Nation's steel, auto and housing industries and our agricultural sector remain mired in a depression; Given the current underutilization of both labor and capital, lower interest rates will not rekindle inflation; Lower interest rates are the key to higher employment, higher production and sustained economic growth; therefore, be it Declared that it is the Sense of the Congress that: In recent months, the Board of Governors of the Federal Reserve and the Federal Open Market Committee have made a significant contribution to the lower interest rates without rekindling inflation, and that, with due regard for controlling inflation so as not to have an opposite effect of driving interest rates upward, they should continue to take such actions as are necessary to achieve and maintain a level of interest rates low enough to generate significant economic growth and thereby reduce the current intolerable level of unemployment. SEC. 162. For an additional amount for "Employment and training assistance", $25,000,000, which shall be for carrying out title III of the Job Training Partnership Act (Public Law 97-300). SEC. 163. None of the funds made available by this joint resolution shall be used to furnish, or facilitate the sale or transfer of, sensitive United States defense equipment, materials or technology to any country for which the President does not certify to the Congress that he has reliable assurances that such country will not transfer sensitive United States equipment, materials or technology in violation of agreements entered into under the Arms Export Control Act to any Communist country, or to any country which receives arms from a Communist country. SEC. 164. Notwithstanding any other provision of this joint resolution, $94,000 is appropriated to the United States Fish and Wildlife Service, "Resource Management". SEC. 165. (a) Section 922a))(5), title 18, United States Code, is amended by adding the words "except.22 caliber rimfire ammunition" after the words "or ammunition". (b) Section 923(9), title 18, United States Code, is amended by adding the words "except.22 caliber rimfire ammunition" after the words "and ammunition" the first time they appear.

96 STAT. 1923

95 Stat. 893. 42 USC 8621.

Ante, p. 1364.

22 USC 2751 "°*®-

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PUBLIC LAW 97-377—DEC. 21, 1982

SEC. 166. Notwithstanding any other provision of law, an additional amount of $2,000,000 shall be available to the Secretary of Labor to enter into a contractual or other agreement to support social science and historical studies of international labor issues. SEC. 167. Notwithstanding any other provision of this joint resolution, there is appropriated to the Department of the Interior $3,000,000 for National Park Service Construction. Approved December 21, 1982.

LEGISLATIVE HISTORY—H.J. Res. 631: HOUSE REPORT: No. 97-959 (Comm. on Appropriations) and No. 97-980 (Comm. of Conference). CONGRESSIONAL RECORD, Vol. 128 (1982): Dec. 14, considered and passed House. Dec. 18, 19, considered and passed Senate, amended. Dec. 20, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 51 (1982): Dec. 21, Presidential statement.

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 PUBLIC LAW 97-378—DEC. 22, 1982

96 STAT. 1925

Public Law 97-378 97th Congress An Act Making appropriations for the government of the District of Columbia and other activities chargeable in whole or in part against the revenues of said District for the fiscal year ending September 30, 1983, and for other purposes.

Q

99 1982 ' [H.R. 7144]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following District of sums are appropriated, out of any money in the Treasury not ^"^^r'o^rf ti otherwise appropriated, for the District of Columbia for the fiscal Act!T983^ ^^"^ year ending September 30, 1983, and for other purposes, namely: FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA

For payment to the District of Columbia for the fiscal year ending September 30, 1983, $361,000,000, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93-198, as amended (D.C. Code 47-3406): Provided, That none of these funds shall be made available to the District of Columbia until the number of full-time uniformed officers in permanent positions in the Metropolitan Police Department is at least 3,880, excluding any such officer appointed after August 19, 1982 under qualification standards other than those in effect on such date. For payment to the District of Columbia for the fiscal year ending September 30, 1983, in lieu of reimbursements for charges for water and water services and sanitary sewer services furnished to facilities of the United States Government, $11,800,000, as authorized by the Act of May 18, 1954, as amended (D.C. Code 43-1552 and 43-1612). For the Federal contribution to the Police Officers and Fire Fighters', Teachers' and Judges' Retirement Funds as authorized by the District of Columbia Retirement Reform Act, Public Law 96-122, approved November 17, 1979 (93 Stat. 866), $52,070,000. SPECIAL CRIME INITIATIVE

For a Federal contribution to the District of Columbia to aid in the detection and prevention of crime, $2,342,600: Provided, That this amount shall be available to the Metropolitan Police Department. For the Department of Justice for use in the Superior Court Division of the United States Attorney's Office for the District of Columbia, $800,000. LOANS TO THE DISTRICT OF COLUMBIA FOR CAPITAL OUTLAY (INCLUDING R E S C I S S I O N)

For loans to the District of Columbia, as authorized by the District of Columbia Self-Government and Governmental Reorganization Act, Public Law 93-198, as amended, $145,000,000, which shall

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 96 STAT. 1926

PUBLIC LAW 97-378—DEC. 22, 1982

remain available until expended and be advanced upon request of the Mayor: Provided, That there is hereby rescinded $48,832,500 in capital loan authority. DIVISION OF EXPENSES

The following amounts are appropriated for the District of Columbia for the current fiscal year out of the general fund of the District of Columbia, except as otherwise specifically provided: GOVERNMENTAL DIRECTION AND SUPPORT

Report to Congress.

Governmental direction and support, $69,545,500: Provided, That not to exceed $2,500 for the Mayor, $2,500 for the Chairman of the Council of the District of Columbia, and $2,500 for the City Administrator shall be available from this appropriation for expenditures for official purposes: Provided further. That not to exceed $7,500 of this appropriation shall be available for test borings and soil investigations: Provided further. That none of the funds appropriated for the Office of Financial Management shall be apportioned and payable for debt service for short-term borrowing on the bond market: Provided further. That any program fees collected from the issuance of debt shall be available for the payment of expenses of the debt management program of the District of Columbia: Provided further, That notwithstanding any other provision of law, there is hereby appropriated $1,689,000 to pay legal, management, investment and other fees and administrative expenses of the District of Columbia Retirement Board of which $425,000 shall be derived from the general fund and not to exceed $1,264,000 shall be derived from the earnings of the applicable retirement funds: Provided further. That J^\^Q District of Columbia Retirement Board shall provide to the Congress a quarterly report of the allocations of charges by fund and of expenditures of all funds: Provided further. That the District of Columbia Retirement Board shall provide the Mayor for transmittal to the Council of the District of Columbia an item accounting of the planned use of appropriated funds in time for each annual budget submission and the actual use of such funds in time for each annual audited financial report. ECONOMIC DEVELOPMENT AND REGULATION

Economic development and regulation, $58,485,400: Provided, That the District of Columbia Housing Finance Agency established by section 201 of D.C. Law 2-135, effective March 3, 1979 (D.C. Code 45-2111), based upon its capability of repayments as determined each year by the Council of the District of Columbia from the Agency's annual audited financial statements to the Council of the District of Columbia, shall repay $4,000,000 to the general fund at an interest rate of 4 percent per annum for a term of fifteen years, with a deferral of payments for the first three years: Provided further. That notwithstanding the foregoing provision, the obligation to repay all or a part of the $4,000,000 shall be subject to the rights of the holders of any bonds or notes issued by the Agency and shall be repaid to the District only from available operating revenues of the Agency which are in excess of the amounts required for debt service, reserve funds, and operating expenses: Provided further. That upon commencement of the debt service payments, such

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 PUBLIC LAW 97-378—DEC. 22, 1982

96 STAT. 1927

payments shall be deposited into the general fund of the District of Columbia. PuBuc SAFETY AND JUSTICE Public safety and justice, including purchase of one hundred and thirty passenger motor vehicles for replacement only for police-t5^e use and five additional passenger motor vehicles for fire-t3T)e use without regard to the general purchase price limitation for the current fiscal year, $409,242,100, of which $5,539,000 shall be payable from the revenue sharing trust fund: Provided, That the Police Department is authorized to replace not to exceed twenty-five passenger carrying vehicles, and the Fire Department is authorized to replace not to exceed five such vehicles annually whenever the cost of repair to any damaged vehicle exceeds three-fourths of the cost of the replacement: Provided further, That funds appropriated for expenses under the District of Columbia Criminal Justice Act, Public Law 93-412, approved September 3, 1974 (88 Stat. 1090; D.C. Code 11-2601 et seq.) for fiscal year 1983 shall be available for obligations incurred under that Act in each fiscal year since inception in fiscal year 1975: Provided further. That not to exceed $300,000 shall be available from this appropriation for the Chief of Police for the prevention and detection of crime: Provided further. That $50,000 of any appropriations available to the District of Columbia may be used to match financial contributions from the Department of Defense to the District of Columbia Office of Emergency Preparedness for the purchase of civil defense equipment and supplies approved by the Department of Defense, when authorized by the Mayor: Provided further. That not to exceed $2,500 for the Joint Committee on Judicial Administration shall be available from this appropriation for official purposes: Provided further, That $3,000,000 of this appropriation shall be available solely for the settlement of claims and suits provided for by An Act authorizing the Commissioners of the District of Columbia to settle claims and suits against the District of Columbia, approved February 11, 1929 (45 Stat. 1160; D.C. Code 1-1202). PuBuc

EDUCATION SYSTEM

Public education system, including the development of national defense education programs, $438,724,200, of which $6,000,000 shall be payable from the revenue sharing trust fund: Provided, That $515,000 of the funds provided for the District of Columbia Public Schools shall be used exclusively for the operation of the driver education program: Provided further. That the District of Columbia Public Schools are authorized to accept not to exceed thirty-one motor vehicles for exclusive use in the driver education program: Provided further. That not to exceed $2,500 for the Superintendent of Schools, $2,500 for the President of the University of the District of Columbia, and $2,000 for the Public Librarian shall be available from this appropriation for expenditures for official purposes: Provided further. That this appropriation shall not be available to subsidize the education of nonresidents of the District of Columbia at the University of the District of Columbia, unless the Board of Trustees of the University of the District of Columbia adopts for fiscal year 1983 a tuition rate schedule which will establish the tuition rate for nonresident students at a level no lower than the

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PUBLIC LAW 97-378—DEC. 22, 1982

nonresident tuition rate charged at comparable public institutions of higher education in the metropolitan area: Provided further. That not less than $7,257,800 of this appropriation shall be used exclusively for maintenance of the public schools. HUMAN SUPPORT SERVICES

Human support services, including care and treatment of indigent patients in institutions under contracts to be made by the Director of the Department of Human Services, $466,890,500, of which $4,972,600 shall be payable from the revenue sharing trust fund: Provided, That the inpatient rate under such contracts shall not exceed $76 per diem and the outpatient rate shall not exceed $12 per visit except for services provided to patients who are eligible for such services under the District of Columbia plan for medical assistance under title X K of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.), and the inpatient rate (excluding the proportionate share for repairs and construction) for services rendered by Saint Elizabeths Hospital for patient care shall be at the per diem rate established pursuant to section 2 of An Act to authorize certain expenditures from the appropriation of Saint Elizabeths Hospital, and for other purposes, approved August 4, 1947 (61 Stat. 751; 24 U.S.C. 168a): Provided further. That total funds paid by the District of Columbia as reimbursements for operating costs of Saint Elizabeths Hospital, including any District of Columbia payments (but excluding the Federal matching share of payments) associated with title XIX of the Social Security Act, approved July 30, 1965 (79 Stat. 343; 42 U.S.C. 1396 et seq.), shall not exceed $24,748,700: Provided further. That $14,490,000 of this appropriation, to remain available until expended, shall be available solely for District of Columbia employees' disability compensation. TRANSPORTATION SERVICES AND ASSISTANCE

Transportation services and assistance, including rental of one passenger-carrying vehicle for use by the Mayor and three passenger-carrying vehicles for use by the Council of the District of Columbia, and purchsise of passenger-carrying vehicles for replacement only and purchase of twenty-nine additional passenger-carrying vehicles, $135,712,400, of which $2,500,000 shall be payable from the revenue sharing trust fund: Provided, That this appropriation shall not be available for the purchase of driver-training vehicles. ENVIRONMENTAL SERVICES AND SUPPLY

Environmental services and supply, $38,337,000: iVoyidcd, That this appropriation shall not be available for collecting ashes or miscellaneous refuse from hotels and places of business or from apartment houses with four or more apartments, or from any building or connected group of buildings operating as a rooming or boarding house as defined in the housing regulations of the District of Columbia: Provided further. That $5,427,000 of this appropriation shall be transferred to the Water and Sewer Enterprise Fund as a miscellaneous revenue.

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 PUBLIC LAW 97-378—DEC. 22, 1982

96 STAT. 1929

PERSONAL SERVICES

For pay increases and related costs, to be transferred by the Mayor to the appropriate agencies or cost centers for fiscal year 1983 from which employees are properly payable, $17,364,100, of which $1,100,000 shall be solely for the Metropolitan Police Department. REPAYMENT OF LOANS AND INTEREST

For reimbursement to the United States of funds loaned in compliance with An Act to provide for the establishment of a modern, adequate, and efficient hospital center in the District of Columbia, approved August 7, 1946 (60 Stat. 896); section 743(f) of the District of Columbia Self-Government and Governmental Reorganization Act, approved October 13, 1977 (91 Stat. 1156; D.C. Code 9-219, note); the Departments of Labor, and Health, Education, and Welfare Appropriation Act of 1955, approved July 2, 1954 (68 Stat. 443); section 1 of An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9-219); section 4 of An Act to authorize the Commissioners of the District of Columbia to plan, construct, operate, and maintain a sanitary sewer to connect the Dulles International Airport with the District of Columbia system, approved June 12, 1960 (74 Stat. 211); and section 723 of the District of Columbia Self-Government and Governmental Reorganization Act, approved December 24, 1973 (87 Stat. 821; D.C. Code 47321, note), including interest as required thereby, $142,204,200. REPAYMENT OF GENERAL FUND DEFICIT

For the purpose of eliminating the cash portion of the $309,000,000 general fund accumulated deficit as of September 30, 1981, $20,000,000. ENERGY ADJUSTMENT

The Mayor shall reduce authorized appropriations and expenditures within object class 30A (energy) within one or several of the various appropriation headings in this Act by $2,078,500. CAPITAL OUTLAY

For construction projects as authorized by An Act authorizing the laying of water mains and service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes, approved April 22, 1904 (33 Stat. 244; D.C. Code 43-1512 et seq.); the District of Columbia Public Works Act of 1954, approved May 18, 1954 (68 Stat. 101); An Act to authorize the Commissioners of the District of Columbia to borrow funds for capital improvement programs and to amend provisions of law relating to Federal Government participation in meeting costs of maintaining the Nation's Capital City, approved June 6, 1958 (72 Stat. 183; D.C. Code 9-219); An Act to amend the District of Columbia Motor Vehicle Parking Facility Act of 1942, as amended, approved August 20, 1958 (72 Stat. 686); and the National Capital Transportation Act of 1969, approved

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 96 STAT. 1930

PUBLIC LAW 97-378—DEC. 22, 1982

December 9, 1969 (83 Stat. 321; D.C. Code 1-2454 and 9-219); including acquisition of sites; preparation of plans and specifications; conducting preliminary surveys; erection of structures, including building improvement and alteration and treatment of grounds, to remain available until expended, $83,885,600: Provided, That $1,560,800 shall be available for project management and $1,631,300 for design by the Director of the Department of General Services or by contract for architectural engineering services, as may be determined by the Mayor, and that the funds for use of each capital project implementing agency shall be managed and controlled in accordance with all procedures and limitations established under the Financial Management System: Provided further. That all such funds shall be available only for the specific projects and purposes intended: Provided further, That notwithstanding the foregoing, all authorizations for capital outlay projects, except those projects covered by the first sentence of section 23(a) of the Federal-Aid Highway Act of 1968, Public Law 90-495, approved August 23, 1968 (82 Stat. 827, D.C. Code 7-134, note), for which funds are provided by this paragraph, shall expire on September 30, 1984, except authorizations for projects as to which funds have been obligated in whole or in part prior to such date: Provided further. That upon expiration of any such project authorization the funds provided herein for such project shall lapse: Provided further. That the Mayor shall not request the advance of any moneys for new general fund capital improvement projects without the approval by resolution of the Council of the District of Columbia. WATER AND SEWER ENTERPRISE FUND

For the Water and Sewer Enterprise Fund, $107,195,900, of which $16,726,500 shall be apportioned and payable to the debt service fund for repayment of loans and interest incurred for capital improvement projects. For construction projects as authorized by an Act authorizing the laying of water mains and service sewers in the District of Columbia, the levying of assessments therefor, and for other purposes, approved April 22, 1904 (33 Stat. 244; D.C. Code 43-1512 et seq.), $4,575,000: Provided, That the requirements and restrictions which are applicable to general fund capital improvement projects and which are set forth in this Act under the heading Capital Outlay shall apply to projects approved under this heading. WASHINGTON CONVENTION CENTER ENTERPRISE FUND

For the Washington Convention Center Enterprise Fund, $7,574,000: Provided, That the Convention Center Board, established by section 3 of the Washington Convention Center Management Act of 1979, D.C. Law 3-36, effective November 3, 1979 (D.C. Code 9-602), shall reimburse the Auditor of the District of Columbia for all reasonable costs for performance of the annual convention center audit. LOTTERY AND CHARITABLE GAMES ENTERPRISE FUND

For the Lottery and Charitable Games Enterprise Fund established by Public Law 97-91 (95 Stat. 1174, 1175), as amended, for the purpose of implementing D.C. Law 3-172, effective March 10, 1981

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 PUBLIC LAW 97-378—DEC. 22, 1982

96 STAT. 1931

(D.C. Code 22-1516 et seq.), $1,184,500, to be derived from nonFederal District of Columbia revenues: Provided, That the District of Columbia shall identify the source of funding for this appropriation from its own locally-generated revenues: Provided further, That no revenues from Federal sources shall be used to support the operations or activities of the Lottery and Charitable Games Control Board. GENERAL PROVISIONS SEC. 101. The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to 5 U.S.C. 3109, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law. SEC. 102. Except as otherwise provided in this Act, all vouchers covering expenditures of appropriations contained in this Act shall be audited before pa3m[ient by the designated certifying official and the vouchers as approved shall be paid by checks issued by the designated disbursing official. SEC. 103. Whenever in this Act an amount is specified within an appropriation for particular purposes or objects of expenditure, such amount, unless otherwise specified, shall be considered as the maximum amount which may be expended for said purpose or object rather than an amount set apart exclusively therefor, except for the appropriation under the heading "Repa3rment of General Fund Deficit" which shall be considered as the amount set apart exclusively for and shall be expended solely for that purpose; and those funds and programs for the Metropolitan Police Department under the headings Public Safety and Justice" and "Personal Services" which shall be considered as the amounts set apart exclusively for and shall be expended solely by that Department. SEC. 104. Appropriations in this Act shall be available, when authorized by the Mayor, for allowances for privately owned automobiles and motorcycles used for the performance of official duties at rates established by the Mayor: Provided, That such rates shall not exceed the maximum prevailing rates for such vehicles as prescribed from time to time in the Federal Travel Regulations. SEC. 105. Appropriations in this Act shall be available for expenses of travel and for the payment of dues of organizations concerned with the work of the District of Columbia government, when authorized by the Mayor: Provided, That the Council of the District of Columbia may expend such funds without authorization by the Mayor. SEC. 106. Appropriations in this Act shall not be used for or in connection with the preparation, issuance, publication, or enforcement of any regulation or order of the Public Service Commission requiring the installation of meters in taxicabs, or for or in connection with the licensing of any vehicle to be operated as a taxicab except for operation in accordance with such system of uniform zones and rates and regulations applicable thereto as shall have been prescribed by the Public Service Commission. SEC. 107. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making refunds and for the payment of judgments which have been entered against the District of Columbia government: Provided, That nothing contained in this section shall be construed as modifying or

Consulting services.

Vouchers.

Maximum allowances.

Automobile and motorcycle allowances.

Travel expenses and organization dues.

Taxicab regulation.

Judgment payments.

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 96 STAT. 1932

Fiscal year limitation. Overtime and temporary positions, cost liniitation. Travel expenditure limitation. Employment limitation.

Partisan political activities.

D.C. annual budget, transmittal to Congress.

PUBLIC LAW 97-378—DEC. 22, 1982

affecting the provisions of paragraph 3, subsection (c) of section 11 of title XII of the District of Columbia Income and Franchise Tax Act of 1947, approved July 16, 1947 (61 Stat. 355; D.C. Code 47-1812.11). SEC. 108. Appropriations in this Act shall be available for the payment of public assistance without reference to the requirement of section 5(b) of the District of Columbia Public Assistance Act of 1962, approved October 15, 1962 (76 Stat. 915; D.C. Code 3-205), and for the non-Federal share of funds necessary to qualify for Federal assistance under the Juvenile Delinquency Prevention and Control Act of 1968, Public Law 90-445, approved July 31, 1968 (82 Stat. 462; 42 U.S.C. 3801). SEC. 109. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. SEC. 110. Not to exceed 4y2 per centum of the total of all funds appropriated by this Act for personal compensation may be used to pay the cost of overtime or temporary positions. SEC. 111. The total expenditure of funds appropriated by this Act for authorized travel and per diem costs outside the District of Columbia, Maryland, and Virginia shall not exceed $225,000. SEC. 112. Appropriations in this Act shall not be available, during the fiscal year ending September 30, 1983, for the compensation of any person appointed— (1) as a full-time employee to a permanent, authorized position in the District of Columbia government during any month when the number of such employees is greater than 33,268, which includes 32,211 for the general fund, 946 for the Water and Sewer Enterprise Fund, 70 for the Washington Convention Center Enterprise Fund, and 41 for the Lottery and Charitable Games Control Board Enterprise Fund: Provided, That— (A) positions within this city employment limitation shall be set aside as the maximum number of permanent, authorized employees for the general fund as follows: Appropriated positions, 28,616, of which 9,248 shall be for Public Schools; intra-District positions, 1,430; District of Columbia General Hospital positions, 2,163; and (B) the District of Columbia Public Schools and the District of Columbia General Hospital shall not exceed their respective employment limitations and are required to report monthly to the Mayor, for the purpose of maintaining controls on city-wide employment, regarding the total number of current employees and the total number of separations and filling of positions within their respective employment limitations; or (2) as a temporary or part-time employee in the government of the District of Columbia during any month in which the number of such employees exceeds the number of such employees for the same month of the preceding fiscal year. SEC. 113. No funds appropriated in this Act for the government of the District of Columbia for the operation of educational institutions, the compensation of personnel, or for other educational purposes may be used to permit, encourage, facilitate, or further partisan political activities. Nothing herein is intended to prohibit the availability of school buildings for the use of any community or partisan political group during non-school hours. SEC. 114. The annual budget for the District of Columbia government for fiscal year 1984 shall be transmitted to the Congress by not

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Page:United States Statutes at Large Volume 96 Part 2.djvu/571

 PUBLIC LAW 97-378—DEC. 22, 1982

96 STAT. 1933

later than April 15, 1983. None of the funds appropriated in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name, title, grade, salary, past work experience, and salary history are not available for inspection by the House and Senate Committees on Appropriations or their duly authorized representatives. SEC. 115. There are appropriated from the applicable funds of the District of Columbia such sums as may be necessary for making payments authorized by the District of Columbia Revenue Recovery Act of 1977, effective September 23, 1977 (D.C. Law 2-20; D.C. Code 47-421 et seq.). SEC. 116. None of the funds contained in this Act shall be made available to pay the salary of any employee of the District of Columbia government whose name and salary are not available for public inspection. SEC. 117. No part of this appropriation shall be used for publicity or propaganda purposes or implementation of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature. SEC. 118. None of the Federal funds provided in this Act shall be used to perform abortions except where the life of the mother would be endangered if the fetus were carried to term; or except for such medical procedures necessary for the victims of rape or incest, when such rape or incest has been reported promptly to a law enforcement agency or public health service. Nor are payments prohibited for drugs or devices to prevent implantation of the fertilized ovum, or for medical procedures necessary for the termination of an ectopic pregnancy. SEC. 119. At the start of the fiscal year, the Mayor shall develop an annual plan, by quarter and by project, for capital outlay borrowing from the United States Treasury: Provided, That within a reasonable time after the close of each quarter, the Mayor shall report to the Council of the District of Columbia and the Congress the actual borrowing and spending progress compared with projections. SEC. 120. The Mayor shall not borrow any funds for capital projects from the United States Treasury unless he has obtained prior approval from the Council of the District of Columbia, by resolution, identifying the projects and amounts to be financed with such borrowings. SEC. 121. The Mayor shall not expend any moneys borrowed for capital projects for the operating expenses of the District of Columbia government. SEC. 122. None of the funds appropriated in this Act may be used for the implementation of a personnel lottery with respect to the hiring of fire fighters or police officers. SEC. 123. None of the funds appropriated by this Act may be obligated or expended by reprogramming except pursuant to advance approval of the reprogramming granted according to the procedure set forth in the Joint Explanatory Statement of the Committee of Conference (House Report No. 96-443) which accompanied the District of Columbia Appropriation Act, 1980 (Public Law 96-93, approved October 30, 1979). SEC. 124. None of the Federal funds provided in this Act shall be obligated or expended to provide a personal cook, chauffeur, or other personal servants to any officer or employee of the District of Columbia.

Congressional or State legislation, partisan publicity. Abortion funding.

Borrowing and spending, report to Council of the District of Columbia and Congress.

Capital project borrowing.

Police and firefighters, hiring. Funds expended by reprogramming.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/572

 96 STAT. 1934 Passenger automobile procurement.

City Administrator, compensation.

Board members, compensation.

Municipal waste disposal.

Short title.

PUBLIC LAW 97-378—DEC. 22, 1982

SEC. 125. None of the Federal funds provided in this Act shall be obligated or expended to procure passenger automobiles as defined in 15 U.S.C. 2001 with an Environmental Protection Agency estimated miles per gallon average of less than 22 miles per gallon: Provided, That this section shall not apply to security, emergency rescue, or armored vehicles. SEC. 126. (a) Notwithstanding section 422(7) of the District of Columbia Self-Government and Governmental Reorganization Act (D.C. Code 1-242(7)), the City Administrator shall be paid, during any fiscal year, a salary at a rate established by the Mayor, not to exceed the rate established for level IV of the Executive Schedule under section 5315 of title 5, United States Code. (b) For purposes of applying any provision of law limiting the availability of funds for payment of salary or pay in any fiscal year, the highest rate of pay established by the Mayor under subsection (a) for any position for any period during the last quarter of calendar year 1982 shall be deemed to be the rate of pay payable for that position for September 30, 1982. (c) Notwithstanding section 4(a) of the District of Columbia Redevelopment Act of 1945 (D.C. Code 5-803(a)) the board members of the Redevelopment Land Agency shall be paid, during any fiscal year, a per diem compensation at a rate established by the Mayor. SEC. 127. Notwithstanding any other provision of law, the provisions of the District of Columbia Government Comprehensive Merit Personnel Act, D.C. Law 2-139, enacted pursuant to the District of Columbia Self-Government and Governmental Reorganization Act of 1973 (Public Law 93-198; 87 Stat. 744), shall apply with respect to the compensation of District of Columbia employees: Provided, That for pay purposes, employees of the District of Columbia government shall not be subject to the provisions of title 5 of the United States Code. SEC. 128. None of the funds appropriated by this Act may be used to transport any output of the municipal waste system of the District of Columbia for disposal at any public or private landfill located in any State, excepting currently utilized landfills in Maryland and Virginia, until the appropriate State agency has issued the required permits. This Act may be cited as the "District of Columbia Appropriation Act, 1983". Approved December 22, 1982.

LEGISLATIVE HISTORY—H.R. 7144 (S. 2917): HOUSE REPORTS: No. 97-849 (Comm. on Appropriations) and No. 97-972 (Comm. of Conference). SENATE REPORT No. 97-548 accompanying S. 2917 (Comm. on Appropriations). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 30, considered and passed House. Dec. 7, considered and passed Senate, amended. Dec. 17, House agreed to conference report; concurred in certain Senate amendments, in others with amendments. Dec. 18, Senate agreed to conference report; concurred in House amendments.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/573

 PUBLIC LAW 97-379—DEC. 22, 1982

96 STAT. 1935

Public Law 97-379 97th Congress An Act To amend Public Law 96-432 relating to the United States Capitol Grounds.

Dec. 22, 1982 [H.R. 6417]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That section 1 of U.S. Capitol Grounds. the Act of July 31, 1946, as amended (40 U.S.C. 193a), is amended to Additional include within the definition of the United States Capitol Grounds areas. the following additional areas which are situated as follows: 40 USC 193a (1) All sidewalks and contiguous areas presently under the juris- note. diction of the District of Columbia located on the south side of Pennsylvania Avenue, Northwest, between the west curb of First Street, Northwest and the east curb of Third Street, Northwest. (2) AH sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the north side of Maryland Avenue, Southwest, between the west curb of First Street, Southwest and the east curb of Third Street, Southwest. (3) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the west side of First Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest. (4) All sidewalks and contiguous areas presently under the jurisdiction of the District of Columbia located on the east side of Third Street between the south curb of Pennsylvania Avenue, Northwest and the north curb of Maryland Avenue, Southwest. Approved December 22, 1982.

LEGISLATIVE HISTORY—H.R. 6417: HOUSE REPORT No. 97-623 (Comm. on Public Works and Transportation). SENATE REPORT: No. 97-651 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 128 (1982): July 12, considered and passed House. Dec. 10, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/574

 96 STAT. 1936

PUBLIC LAW 97-380—DEC. 22, 1982

Public Law 97-380 97th Congress An Act Dec. 22, 1982 [S. 1444] Federal personal property. Donation for civil defense. 50 USC app. 2251 note.

To authorize the Administrator of General Services to donate to State and local governments certain Federal personal property loaned to them for civil defense use, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) all Federal personal property which— (A) was transferred by a component of the Department of Defense to the Defense Civil Preparedness Agency by July 15, 1979, (B) is, on the date of enactment of this Act, on loan to a State or a State and local government jointly as a result of a written loan agreement executed by such Agency, and (C) was transferred with the functions and property of such Agency to the Federal Emergency Management Agency, shall be disposed of in accordance with subsection (b). (b) Whenever the Director of the Federal Emergency Management Agency certifies that property described in subsection (a) is being used by the State or local government holding such property for a purpose consistent with the purpose for which the property was furnished, the Administrator of General Services shall transfer title to such property to the appropriate State or local government. Approved December 22, 1982.

LEGISLATIVE HISTORY—S. 1444 (H.R. 1856): HOUSE REPORT: No. 97-910, Pt. 1 accompanying H.R. 1856 (Comm. on Government Operations) and Pt. 2 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 128 (1982): Oct. 1, considered and passed Senate. Dec. 13, H.R. 1856 considered and passed House; proceedings vacated and S. 1444 passed in lieu.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/575

 PUBLIC LAW 97-381—DEC. 22, 1982

96 STAT. 1937

Public Law 97-381 97th Congress An Act To designate the southern Nevada water project the "Robert B. Griffith Water Project'-

Dec. 22, 1982 [S. 1681]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the southern Robert B. Nevada water project, in Clark County, Nevada, shall hereafter be S^'p%. known and designated as the "Robert B. Griffith Water Project". Sgnation Any reference in a law, map, regulation, document, record or other paper of the United States to that water project shall be held and considered to be a reference to the "Robert B. Griffith Water Project". Approved December 22, 1982.

LEGISLATIVE HISTORY—S. 1681: CONGRESSIONAL RECORD, Vol. 128 (1982): Apr. 1, considered and passed Senate. Dec. 13, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/576

 96 STAT. 1938

PUBLIC LAW 97-382—DEC. 22, 1982

Public Law 97-382 97th Congress An Act Dec. 22, 1982 [S. 1894] Indian Mineral Development Act of 1982. 25 USC 2101 note. Definitions. 25 USC 2101.

25 USC 2102.

Minerals Agreement, approval or disapproval. 25 USC 2103. Enforcement.

To permit Indian tribes to enter into certain agreements for the disposition of tribal mineral resources, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Indian Mineral Development Act of 1982". SEC. 2. For the purposes of this Act, the term— (1) "Indian" means any individual Indian or Alaska Native who owns land or interests in land the title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; (2) "Indian tribe means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group which OAvns land or interests in land title to which is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; and (3) "Secretary" means the Secretary of the Interior. SEC. 3. (a) Any Indian tribe, subject to the approval of the Secretary and any limitation or provision contained in its constitution or charter, may enter into any joint venture, operating, production sharing, service, managerial, lesise or other agreement, or any amendment, supplement or other modification of such agreement (hereinafter referred to as a "Minerals Agreement") providing for the exploration for, or extraction, processing, or other development of, oil, gas, uranium, coal, geothermal, or other energy or nonenergy mineral resources (hereinafter referred to as "mineral resources') in which such Indian tribe owns a beneficial or restricted interest, or providing for the sale or other disposition of the production or products of such mineral resources. (b) Any Indian owning a beneficial or restricted interest in mineral resources may include such resources in a tribal Minerals Agreement subject to the concurrence of the parties and a finding by the Secretary that such participation is in the best interest of the Indian. SEC. 4. (a) The Secretary shall approve or disapprove any Minerals Agreement submitted to him for approval within (1) one hundred and eighty days after submission or (2) sixty days after compliance, if required, with section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(0) or any other requirement of Federgd law, whichever is later. Any party to such an Eigreement may enforce the provisions of this subsection pursuant to section 1361 of title 28, United States Code. (b) In approving or disapproving a Minerals Agreement, the Secretary shall determine if it is in the best interest of the Indian tribe or of any individual Indian who may be party to such agreement and shall consider, among other things, the potentisd economic return to the tribe; the potential environmental, social, and cultural effects on the tribe; and provisions for resolving disputes that may arise

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Page:United States Statutes at Large Volume 96 Part 2.djvu/577

 PUBLIC LAW 97-382—DEC. 22, 1982

96 STAT. 1939

between the parties to the agreement: Provided, That the Secretary shall not be required to prepare any study regarding environmental, socioeconomic, or cultural effects of the implementation of a Minerals Agreement apart from that which may be required under section 102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). (c) Not later than thirty days prior to formal approval or disapproval of any Minerals Agreement, the Secretary shall provide written findings forming the basis of his intent to approve or disapprove such agreement to the affected Indian tribe. Notwithstanding any other law, such findings and all projections, studies, data or other information possessed by the Department of the Interior regarding the terms and conditions of the Minerals Agreement, the financial return to the Indian parties thereto, or the extent, nature, value or disposition of the Indian mineral resources, or the production, products or proceeds thereof, shall be held by the Department of the Interior as privileged proprietary information of the affected Indian or Indian tribe. (d) The authority to disapprove agreements under this section Delegation of may only be delegated to the Assistant Secretary of the Interior for authority. Indian Affairs. The decision of the Secretary or, where authority is delegated, of the Assistant Secretary of the Interior for Indian Affairs, to disapprove a Minerals Agreement shall be deemed a final agency action. The district courts of the United States shall have jurisdiction to review the Secretary's disapproval action and shall determine the matter de novo. The burden is on the Secretary to sustain his action, (e) Where the Secretary has approved a Minerals Agreement in Liability. compliance with the provisions of this Act and any other applicable provision of law, the United States shall not be liable for losses sustained by a tribe or individual Indian under such agreement: Provided, That the Secretary shall continue to have a trust obligation to ensure that the rights of a tribe or individual Indian are protected in the event of a violation of the terms of any Minerals Agreement by any other party to such agreement: Provided further. That nothing in this Act shall absolve the United States from any responsibility to Indians, including those which derive from the trust relationship and from any treaties, Executive orders, or agreement between the United States and any Indian tribe. SEC. 5. (a) the Secretary shall review, within ninety days of Review. enactment of this Act, any existing Minerals Agreement, which does 25 USC 2104. not purport to be a lease, entered into by any Indian tribe and approved by the Secretary after January 1, 1975, but prior to enactment of this Act, to determine if such agreement complies with the purposes of this Act. Such review shall be limited to the terms of the agreement and shall not address questions of the parties' compliance therewith. The Secretary shall notify the affected tribe and other parties to the agreement of any modifications necessary to bring an agreement into compliance with the purposes of this Act. The tribe and other parties to such agreement shall within ninety days after notice make such modifications. If such modifications are not made within ninety days, the provisions of this Act may not be used as a defense in any proceeding challenging the validity of the agreement. (b) The review required by subsection (a) of this section may be performed prior to the promulgation of regulations required under section 8 of this Act and shall not be considered a Federal action

97-200 O - 8 4 - p t. 2

19: QL3

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Page:United States Statutes at Large Volume 96 Part 2.djvu/578

 96 STAT. 1940

Limitation. 25 USC 2105.

25 USC 2106.

Rules and regulations. 25 USC 2107.

25 USC 2108. 25 USC 476, 477.

PUBLIC LAW 97-382—DEC. 22, 1982

within the meaning of that term in section 102(2)(C) of the National Environmental Protection Act of 1969 (42 U.S.C. 4332(2)(C)). SEC. 6. Nothing in this Act shall affect, nor shall any Minerals Agreement approved pursuant to this Act be subject to or limited by, the Act of May 11, 1938 (52 Stat. 347; 25 U.S.C. 396a et seq.), as amended, or any other law authorizing the development or disposition of the mineral resources of an Indian or Indian tribe. SEC. 7. In carrying out the obligations of the United States, the Secretary shall ensure that upon the request of an Indian tribe or individual Indian and to the extent of his available resources, such tribe or individual Indian shall have available advice, assistance, and information during the negotiation of a Minerals Agreement. The Secretary may fulfill this responsibility either directly through the use of Federal officials and resources or indirectly by providing financial assistance to the Indian tribe or individual Indian to secure independent assistance. SEC. 8. Within one hundred and eighty days of the date of enactment of this Act, the Secretary of the Interior shall promulgate rules and regulations to facilitate implementation of this Act. The Secretary shall, to the extent practicable, consult with national and regional Indian organizations and tribes with expertise in mineral development both in the initial formulation of rules and regulations and any future revision or amendment of such rules and regulations. Where there is pending before the Secretary for his approval a Minerals Agreement of the type authorized by section 3 of this Act which was submitted prior to the enactment of this Act, the Secretary shall evaluate and approve or disapprove such agreement based upon section 4 of this Act, but shall not withhold or delay such approval or disapproval on the grounds that the rules and regulations implementing this Act have not been promulgated. SEC. 9. Nothing in this Act shall impair any right of an Indian tribe organized under section 16 or 17 of the Act of June 18, 1934 (48 Stat. 987), as amended, to develop their mineral resources as may be provided in any constitution or charter adopted by such tribe pursuant to that Act. Approved December 22, 1982. ' • i '«!'•:

LEGISLATIVE HISTORY—S. 1894: HOUSE REPORT: No. 97-746 (Comm. on Interior and Insular Affairs). SENATE REPORT: No. 97-472 (Comm. on Indian Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): June 30, considered and passed Senate. Aug. 17, considered and passed House, amended. -,.,-,.. Dec. 8, Senate concurred in House amendment with amendments. Dec. 10, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/579

 PUBLIC LAW 97-383—DEC. 22, 1982 Public Law 97-383 97th Congress

 * t r ^,

.v

96 STAT. 1941.

An Act To designate the lock and dam known as the Jones Bluff Lock and Dam, located on the Alabama River, as the "Robert F. Henry Lock and Dam".

Dec. 22, 1982 [S. 2034]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That (a) the Jones Robert F. Henry Bluff Lock and Dam, located on the Alabama River between KgSatio^^'" Lowndes and Autauga Counties, Alabama, is designated and shall hereafter be known as the "Robert F. Henry Lock and Dam". (b) Any reference in a law, map, r^ulation, document, record, or other paper of the United States to that lock and dam shall be >. deemed to be a reference to the "Robert F. Henry Lock and Dam". Approved December 22, 1982.

LEGISLATIVE HISTORY—S. 2034: SENATE REPORT: No. 97-416 (Coram, on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 128 (1982): June 30, considered and passed Senate. Dec. 13, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/580

 96 STAT. 1942

PUBLIC LAW 97-384—DEC. 22, 1982

Public Law 97-384 97th Congress

An Act Dec. 22, 1982 [S. 2710]

To establish the Charles C. Deam Wilderness in the Hoosier National Forest, Indiana

Be it enacted by the Senate and House of Representatives of the Charles C. Deam United States of America in Congress assembled, That in furtherWilderness, ance of the purposes of the Wilderness Act (78 Stat. 890; 16 U.S.C. Hoosier 1131), certain lands within the Hoosier National Forest, Indiana, National which comprise approximately twelve thousand nine hundred and Forest, Ind. Establishment. fifty-three acres as generally depicted on a map entitled "Charles C. 16 USC 1132 Deam Wilderness—Proposed", dated April 30, 1982, are hereby note. des^ated as wilderness, and therefore as a component of the national wilderness system, and shall be known as the Charles C. Deam Wilderness. SEC. 2. Subject to valid existing rights, the Charles C. Deam Wilderness as designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act governing areas designated by that Act as wilderness, except that any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of this Act. Access to land. SEC. 3. Nothing in tlus Act shall affect the right of public access to cemeteries located within the Charles C. Desim Wilderness, including the Terril Cemetery. The right of access to privately-owned land completely surrounded by national forest lands within the area, designated by this Act as wilderness and to valid occupancies wholly within the area designated by this Act as wilderness shall be protected in accordance with the provisions of section 5 of the 16 USC 1134. Wilderness Act. Review. SEC. 4. (a) The Congress finds that— (1) the Department of Agriculture has completed the second roadless area review and evaluation program (RARE II); and (2) the Congress has made its own review and examination of national forest roadless areas in Indiana and the environmental impacts associated with alternative allocations of such areas. (b) On the basis of such review, the Congress hereby determines and directs that— (1) without passing on the question of the legal and factual sufficiency of the RARE 11 final environmental statement (dated January 1979) with respect to national forest lands in States other than Indiana, such statement shall not be subject to judicial review with respect to national forest system lands in the State of Indiana; (2) with respect to the national forest lands in the State of Indiana which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II), that review and evaluation shall be deemed for the purposes of the initial land management plans required for such lands by the Forest and Rangeland Renewable Resources Planning Act 16 USC 1600 of 1974 as amended by the National Forest Management Act of

note.

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