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Page:United States Statutes at Large Volume 89.djvu/1189

 PUBLIC LAW 94-201—JAN. 2, 1976

89 STAT. 1129

Public Law 94-201 94th Congress An Act To provide for the establishment of an American Folklife Center in the Library of Congress, and for other purposes.

Be it enacted by the Senxite and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "American Folklife Preservation Act". DECLARATION OF FINDIXGS AND PURPOSE

SEC. 2. (a) The Congress hereby finds and declares— (1) that the diversity inherent in American folklife has contributed greatly to the cultural richness of the Nation and has fostered a sense of individuality and identity among the American people; (2) that the history of the United States effectively demonstrates that building a strong nation does not require the sacrifice of cultural differences; (3) that American folklife has a fundamental influence on the desires, beliefs, values, and character of the American people; (4) that it is appropriate and necessary for the Federal Government to support research and scholarship in American folklife in order to contribute to an understanding of the complex problems of the basic desires, beliefs, and values of the American people in both rural and urban areas; (5) that the encouragement and support of American folklife, while primarily a matter for private and local initiative, is also an appropriate matter of concern to the Federal Government; and (6) that it is in the interest of the general welfare of the Nation to preserve, support, revitalize, and disseminate American folklife traditions and arts. (b) It is therefore the purpose of this Act to establish in the Library of Congress an American Folklife Center to preserve and present American folklife.

Jan. 2, 1976 [H.R. 6673]

American Folklife Preservation Act. 20 USC 2101 note. 20 USC 2101.

DEFINITIONS

SEC. 3. As used in this Act— (1) the term "American folklife" means the traditional expressive culture shared within the various groups in the United States: familial, ethnic, occupational, religious, regional; expressive culture includes a wide range of creative and symbolic forms such as custom, belief, technical skill, language, literature, art, architecture, music, play, dance, drama, ritual, pageantry, handicraft; these expressions are mainly learned orally, by imitation, or in performance, and are generally maintained without benefit of formal instruction or institutional direction; (2) the term "Board" means the Board of Trustees of the Center; (3) the term "Center" means the American Folklife Center established under this Act;

20 USC 2102.

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Page:United States Statutes at Large Volume 89.djvu/1190

 89 STAT. 1130

PUBLIC LAW 94-201—JAN. 2, 1976 (4) the term "group" includes any State or public agency or institution and any nonprofit society, institution, organization, association, or establishment in the United States; (5) the term "Librarian" means the Librarian of Congress; (6) the term "State" includes, in addition to the several States of the Union, the Commonwealth of Puerto Rico, the District of Columbia, Guam, American Samoa, and the Virgin Islands; and (7) the term "workshop" means an activity the primary purpose of which is to encourage the development of skills, appreciation, or enjoyment of American folklife among amateur, student, or nonprofessional participants, or to promote scholarship or teaching among the participants. ESTABLISHMENT OF CENTER

American Folklife Center.

20 USC 2103. Membership.

Regional balance.

Term.

Compensation.

SEC. 4. (a) There is hereby established in the Library of Congress an American Folklife Center. (b) The Center shall be under the direction of a Board of Trustees. The Board shall be composed as follows— (1) four members appointed by the President from among individuals who are officials of Federal departments and agencies concerned with some aspect of American folklife traditions and arts; (2) four members appointed by the President pro tempore of the Senate from among individuals from private life Avho are widely recognized by virtue of their scholarship, experience, creativity, or interest in American folklife traditions and arts, and four members appointed by the Speaker of the House of Representatives from among such individuals; (3) the Librarian of Congress; (4) the Secretary of the Smithsonian Institution; (5) the Chairman of the National Endowment for the Arts; (6) the Chairman of the National Endowment for the Humanities; and (7) the Director of the Center. In making appointments from private life under clause 2, the President pro tempore of the Senate and the Speaker of the House of Representatives shall give due consideration to the appointment of individuals who collectively will provide appropriate regional balance on the Board. Not more than three of the members appointed by the President pro tempore of the Senate or by the Speaker of the House of Representatives may be affiliated with the same political party. (c) The term of office of each appointed member of the Board shall be six years; except that (1)(A) the members first appointed under clause (1) of subsection (b) shall serve as designated by the President, one for a term of two years, two for a term of four years, and one for a term of six years, and (Bj the members first appointed under clause (2) of subsection (b) shall serve as jointly designated by the President pro tempore of the Senate and the Speaker of the House of Representatives, two for terms of two years, four for terms of four years, and two for terms of six years; and (2) any member appointed to fill a vacancy occurring prior to the expiration of the term to which his predecessor was appointed shall be appointed for the remainder of such term. (d) Members of the Board who are not regular full-time employees of the United States shall be entitled, while serving on business of the Center, to receive compensation at rates fixed by the Librarian, but not

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Page:United States Statutes at Large Volume 89.djvu/1191

 PUBLIC LAW 94-201—JAN. 2, 1976

89 STAT. 1131

exceeding $100 per diem, including traveltime; and while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in Government service employed intermittently. (e)(1) The Librarian shall call the first meeting of the Board, at Chainnan. which the first order of business shall be the election of a Chairman and a Vice Chairman, who shall serve for a term of one year. Thereafter each Chairman and Vice Chairman shall be elected for a term of two years. The Vice Chairman shall perform the duties of the Chairman in his absence. In case of a vacancy occurring in the chair- Vacancies. manship or vice-chairmanship, the Board shall elect a member to fill the vacancy for the remainder of the unexpired term. (2) A majority of the members of the Board shall constitute a Quorum quorum. (f) After consultation with the Board, the Librarian shall appoint Director. the Director of the Center. The basic pay of the Director shall be at a per year rate not to exceed GS-18 of the General Schedule under section 5332 of title 5, United States Code. The Librarian upon the 5 USC 5332 note. recommendation of the Director shall appoint a Deputy Director of the Center. The basic pay of the Deputy Director shall be fixed at a rate not to exceed GS-16 of the General Schedule under section 5332 of such title. (g)(1) The Director shall be the chief executive officer of the Center. Subject to the direction of the Board and the general supervision of the Librarian, the Director shall have responsibility for carrying out functions of the Center, and shall have authority over all personnel and activities of the Center. (2) The Deputy Director shall perform such functions as the Director, with the approval of the Librarian, may prescribe, and shall serve as Acting Director during the absence or disability of the Director or in the event of a vacancy in the office of the Director. FUNCTIONS OF THE CENTER

SEC. 5. (a) The Librarian is authorized to— 20 USC 2104. (1) enter into, in conformity with Federal procurement statutes and regulations, contracts with individuals and groups for programs for the— (A) initiation, encouragement, support, organization, and promotion of research, scholarship, and training in American folklife; (B) initiation, promotion, support, organization, and production of live performances, festivals, exhibits, and workshops related to American folklife; (C) purchase, receipt, production, arrangement for, and support of the production of exhibitions, displays, publications, and presentations (including presentations by still and motion picture films, and audio and visual magnetic tape recordings) which represent or illustrate some aspect of American folklife; and (D) purchase, production, arrangement for, and support of the production of exhibitions, projects, presentations, and materials specially designed for classroom use representing or illustrating some aspect of American folklife; (2) establish and maintain in conjunction with any Federal department, agency, or institution a national archive and center for American folklife;

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Page:United States Statutes at Large Volume 89.djvu/1192

 89 STAT. 1132

PUBLIC LAW 94-201—JAN. 2, 1976

(3) procure, receive, purchase, and collect for preservation or retention in an appropriate archive creative works, exhibitions, presentations, objects, materials, artifacts, manuscripts, publications, and audio and visual records (including still and motion picture film records, audio and visual ma'gnetic tape recordings, written records, and manuscripts) which represent or illustrate some aspect of American folklife; (4) loan, or otherwise make available, through Library of Congress procedures, any item in the archive established under this Act to any individual or group; (5) present, display, exhibit, disseminate, communicate, and broadcast to local, regional, State, or National audiences any exhibition, display, or presentation referred to in clause (3) of this section or any item in the archive established pursuant to clause (2) of this section, by making appropriate arrangements, including contracts with public, nonprofit, and private radio and television broadcasters, museums, educational institutions, and such other individuals and organizations, including corporations, as the Board deems appropriate; (6) loan, lease, or otherwise make available to public, private, and nonprofit educational institutions, and State arts councils established pursuant to the National Foundation on the Arts 20 USC 951 note. and the Humanities Act of 1965, such exhibitions, programs, presentations, and material developed pursuant to clause (1)(D) of this subsection as the Board deems appropriate; and (7) develop and implement other appropriate programs to preserve, support, revitalize, and disseminate American folklife. (b) The Librarian shall carry out his functions under this Act through the Center. LIMITATIONS ON CONTRACTS

20 USC 2105.

SEC. 6. (a) No payment shall be made pursuant to this Act to carry out any research or training over a period in excess of two years, except that with the concurrence of at least two-thirds of the members of the Board of the Center such research or training may be carried out over a period of not to exceed five years. (b) Assistance pursuant to this Act shall not cover the cost of land acquisition, construction, building acquisitions, or acquisition of major equipment. (c) No individual formerly in the employment of the Federal Government shall be eligible to receive any assistance pursuant to this Act, or to serve as a trustee of the Center in the two-year period following the termination of such employment.

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Page:United States Statutes at Large Volume 89.djvu/1193

 PUBLIC LAW 94-201—JAN. 2, 1976

89 STAT. 1133

ADMINISTRATIVE PROVISIONS

SEC. 7. (a) In addition to any authority vested in it by other pro- 20 USC 2106. visions of this Act, the Librarian of Congress, in carrying out the Center's functions, is authorized to— Regulations. (1) prescribe such regulations as he deems necessary; (2) receive money and other property donated, bequeathed, or Gifts and devised, without condition or restriction other than that it be bequests. for the purposes of the Center and to use, sell, or otherwise dispose of such property for the purpose of carrying out its functions, without reference to Federal property disposal statutes; (3) in the discretion of the Board of Trustees, receive (and use, sell, or otherwise dispose of, in accordance with clause (2)) money and other property donated, bequeathed, or devised to the Center with a condition or restriction, including a condition that the Center use other funds of the Center for the purpose of the gift; (4) appoint and fix the compensation of such personnel as may eompensation be necessary to carry out the provisions of the Act in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay 5 USC 5101 et rates, except that the Librarian of Congress may appoint and fix seq. the compensation of a reasonable number of personnel without 5 USC 5332 note. regard to the provisions of chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification and General Schedule pay rates, but no individual so appointed shall receive compensation in excess of the rate received by the Deputy Director of the Center; (5) obtain the services of experts and consultants in accordance Experts and with the provisions of section 3109 of title 5, United States Code; consultants. (6) accept and utilize the services of voluntary and noncompensated personnel and reimburse them for travel expenses, including per diem, as authorized by section 5703 of title 5, United States Code; (7) enter into contracts to carry oijt the provisions of the Act, contracts. and such contracts may, with the concurrence of two-thirds of the members of the Board, be entered into without performance or other bonds and in conformity with section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); and (8) make advances, progress, and other payments which the Advances Board deems necessary under this Act in conformity with the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529).

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Page:United States Statutes at Large Volume 89.djvu/1194

 89 STAT. 1134 Annual report to Congress.

PUBLIC LAW 94-201—JAN. 2, 1976 (b) The Director shall submit to the Librarian for inclusion in the annual report of the Library of Congress to the Congress an annual report of the operations of the Center under this Act, which shall include a detailed statement of all private and public funds received and expended by it, and such recommendations as the Center deems appropriate. AUTHORIZATION

20 USC 2107.

SEC. 8. There are authorized to be appropriated to the Center to carry out the provisions of this Act $133,500 for the fiscal year 1976 and for the period from July 1 through September 30, 1976, $296,000 for the fiscal year 1977, and $349,000 for the fiscal year 1978. Approved January 2, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-273 (Comm. on House Administration). SENATE REPORT No. 94-527 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 121 (1975): Sept. 8, considered and passed House. Dec. 11, considered and passed Senate, amended. Dec. 19, House concurred in Senate amendments. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 12, No. 2: Jan. 3, Presidential statement.

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Page:United States Statutes at Large Volume 89.djvu/1195

 PUBLIC LAW 94-202—JAN. 2, 1976

Public Law 94-202 94th Congress

89 STAT. 1135

An Act

To amend the Social Security Act to expedite the holding of hearings under titles II, XVI, and XVIII by establishing uniform review procedures under such titles, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1631(c) of the Social Security Act is amended to read as follows: "HEARINGS AND REVIEW

Jan. 2, 1976 [H.R. 10727] Social Security Act, amendments. 42 USC 1383.

" (c)(1) The Secretary is directed to make findings of fact, and decisions as to the rights of any individual applying for payment under this title. The Secretary sihall provide reasonable notice and opportunity for a hearing to any individual who is or claims to be an eligible individual or eligible spouse and is in disagreement with any determination under this title with respect to eligibility of such individual for benefits, or the amount of such individual's benefits, if such individual requests a h e a r i n g on the m a t t e r in disagreement within sixty days after notice of such determination is received, and, if a hearing is held, shall, on the basis of evidence adduced at the hearing affirm, modify, or reverse his findings of fact and such decision. The Secretary is further authorized, on his own motion, to hold such hearings and to conduct su<ih investigations and other proceedings as he may deem necessary or proper for the administration of this title. I n the course of any hearing, investigation, or other proceeding, he may administer oaths and affirmations, examine witnesses, and receive evidence. Evidence may be received at any hearing before the Secretary even though inadmissible under the rules of evidence applicable to court procedure. " (2) Determination on the basis of such hearing, except to the extent that the matter in disagreement involves a disability (within the meaning of section 1614(a)(3)), shall be made within ninety days 42 USC 1382c. after the individual requests the hearing as provided in paragraph (1). " (3) The final determination of the Secretary after a hearing under Judicial review. paragraph (1) shall be subject to judicial review as provided in section 205 (g) to the same extent as the Secretary's final determinations under 42 USC 405. section 205.". SEC. 2. Section 1631(d) of the Social Security Act is amended by 42 USC 1383. striking out paragraph (2), and by redesignating paragraph (3) as paragraph (2). SEC. 3. The persons appointed under section 1631(d)(2) of the 42 USC 1383 Social Security Act (as in effect prior to the enactment of this Act) note. to serve as hearing examiners in hearings under section 1631(c) of such Act may conduct hearings under titles II, X VI, and X VIII of the Social Security Act if the Secretary of Health, Education, and 42 USC 401, Welfare finds it will promote the achievement of the objectives of 1381, 1395. such titles, notwithstanding the fact that their appointments were made without meeting the requirements for hearing examiners appointed under section 3105 of title 5, United States Code; but their appointments shall terminate not later than at the close of the period ending December 31, 1978, and during that period they shall be deemed

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Page:United States Statutes at Large Volume 89.djvu/1196

 89 STAT. 1136

5 USC 551.

42 USC 405. Effective date. 42 USC 405 note.

West Virginia agreement. 42 USC 418 note. 42 USC 418.

PUBLIC LAW 94-202—JAN. 2, 1976 to be hearing examiners appointed under such section 3105 and subject as such to subchapter II of chapter 5 of title 5, United States Code, to the second sentence of such section 3105, and to all of the other provisions of such title 5 which apply to hearing examiners appointed under such section 3105. SEC. 4. The third sentence of section 205(b) of the Social Security Act is amended to read as follows: "Any such request with respect to such a decision must be filed within sixty days after notice of such decision is received by the individual making such request.". SEC. 5. The amendments made by the first two sections of this Act, and the provisions of section 3, shall take effect on the date of the enactment of this Act. The amendment made by section 4 of this Act shall apply with respect to any decision or determination of which notice is received, by the individual requesting the hearing involved, after February 29, 1976. The amendment made by the first section of this Act, to the extent that it changes the period within which hearings must be requested, shall apply with respect to any decision or determination of which notice is received, by the individual requesting the hearing involved, on or after the date of the enactment of this Act. SEC. 6. (a) Notwithstanding the provisions of subsection (d)(5)(A) of section 218 of the Social Security Act and the references thereto in subsections (d)(1) and (d)(3) of such section 218, the agreement with the State of West Virginia heretofore entered into pursuant to such section 218 may, at any time prior to 1977, be modified pursuant to subsection (c)(4) of such section 218 so as to apply to services performed in policemen's or firemen's positions covered by a retirement system on the date of the enactment of this Act by individuals as employees of any class III or class IV municipal corporation (as defined in or under the laws of the State) if the State of West Virginia has at any time prior to the date of the enactment of this Act paid to the Secretary of the Treasury, with respect to any of the services performed in such positions by individuals as employees of such municipal corporation, the sums prescribed pursuant to subsection (e)(1) of such section 218. For purposes of this subsection, a retirement system which covers positions of policemen or firemen, or both, and other positions, shall, if the State of West Virginia so desires, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be. (b) Notwithstanding the provisions of subsection (f) of section 218 of the Social Security Act, any modification in the agreement with the State of West Virginia under subsection (a) of this section, to the extent it involves services performed by individuals as employees of any class III or class IV municipal corporation, may be made effective with respect to— (1) all services performed by such individual, in any policemen's or firemen's position to which the modification relates, on or after the date of the enactment of this Act; and (2) all services performed by such individual in such a position before such date of enactment with respect to which the State of West Virginia has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 at the time or times established pursuant to such subsection (e)(1), if and to the extent that— (A) no refund of the sums so paid has been obtained, or (B) a I'efund of part or all of the sums so paid has been obtained but the State of West Virginia repays to the Secretary of the Treasury the amount of such refund within ninety

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Page:United States Statutes at Large Volume 89.djvu/1197

 PUBLIC LAW 94-202—JAN. 2, 1976 days after the date that the modification is agreed to by the State and the Secretary of Health, Education, and Welfare. SEC. 7. Notwithstanding any other provision of law, no regulation and no modification of any regulation, promulgated by the Secretary of Health, Education, and Welfare, after the date of enactment of this Act, shall become effective prior to the end of the eighteen-month period which begins with the first day of the first calendar month which begins after the date on which such regulation or modification of a regulation is published in the Federal Register, if and insofar as such regulation or modification of a regulation pertains, directly or indirectly, to the frequency or due dates for payments and reports required under section 218(e) of the Social Security Act. SEC. 8. (a) This section may be cited as the "Combined Old-Age, Survivors, and Disability Insurance-Income Tax Reporting Amendments of 1975". (b) Title II of the Social Security Act is amended by adding after section 231 the following section: a PROCESSING o r TAX DATA

"SEC. 232. The Secretary of the Treasury shall make available information returns filed pursuant to part III of subchapter A of chapter 61 of subtitle F of the Internal Revenue Code of 1954, to the Secretary for the purposes of this title and title X L The Secretary and the Secretary of the Treasury are authorized to enter into an agreement for the processing by the Secretary of information contained in returns filed pursuant to part III of subchapter A of chapter 61 of subtitle F of the Internal Revenue Code of 1954. Notwithstanding the provisions of section 6103(a) of the Internal Revenue Code of 1954, the Secretary of the Treasury shall make available to the Secretary such documents as may be agreed upon as being necessary for purposes of such processing. The Secretary shall process any withholding tax statements or other documents made available to him by the Secretary of the Treasury pursuant to this section. Any agreement made pursuant to this section shall remain in full force and effect until modified or otherwise changed by mutual agreement of the Secretary and the Secretary of the Treasury.". (c) Section 232 of the Social Security Act, as added by subsection (b) of this section, shall be effective with respect to statements reporting income received after 1977. (d)(1) Section 201(g)(1) of such Act is amended to read as follows: "(g)(1)(A) The Managing Trustee of the Trust Funds (which for purposes of this paragraph shall include also the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund established by title X VIII) is directed to pay from the Trust Funds into the Treasury— " (i) the amounts estimated by him and the Secretary of Health, Education, and Welfare which will be expended, out of moneys appropriated from the general fund in the Treasury, during a three-month period by the Department of Health, Education, and Welfare and the Treasury Department for the administration of titles II, XVI, and X VIII of this Act and subchapter E of chapter 1 and subchapter A of chapter 9 of the Internal Revenue Code of 1939, and chapters 2 and 21 of the Internal Revenue Code of 1954, less

89 STAT. 1137

Regulation, publication in Federal Register. 42 USC 405a.

42 USC 418. Combined OldAge, Survivors, and Disability InsuranceIncome Tax Reporting Amendments of 1975. 42 USC 432 note. 42 USC 432. 26 USC 6031. 42 USC 1301.

26 USC 6103.

42 USC 432 note.

42 USC 401.

42 USC 1395.

42 USC 401. 1381. 26 USC 641., 3101. 26 USC 1401, 3101.

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Page:United States Statutes at Large Volume 89.djvu/1198

 89 STAT. 1138

Ante, p. 1137.

42 USC 401, o^^ncr^^/n' 3101 26 USC 1401 3J01. '

PUBLIC LAW 94-202—JAN. 2, 1976 "(ii) the amounts estimated (pursuant to the method prescribed by the Board of Trustees under paragraph (4) of this subsection) by the Secretary of Health, Education, and Welfare which will be expended, out of moneys made available for expenditures from the Trust Funds, during such three-month period to cover the cost of carrying out the functions of the Department of Health, Education, and Welfare, specified in section 232, which relate to the administration of provisions of the Internal Revenue Code of 1954 other than those referred to in clause (i). Such payments shall be carried into the Treasury as the net amount of repayments due the general fund account for reimbursement of expenses incurred in connection with the administration of titles II, XVI, and X VIII of this Act and subchapter E of chapter 1 and subchapter A of chapter 9 of the Internal Revenue Code of 1939, and chapters 2 and 21 of the Internal Revenue Code of 1954. A final accounting of such payments for any fiscal year shall be made at the earliest practicable date after the close thereof. There are hereby authorized to be made available for expenditure, out of any or all of the Trust Funds, such amounts as the Congress may deem appropriate to pay the costs of the part of the administration of this title, title XVI, and title X VIII for which the Secretary of Health, Education, and Welfare is responsible and of carrying out the functions of the Department of Health, Education, and Welfare, specified in section 232, which relate to the administration of provisions of the Internal Revenue Code of 1954 other than those referred to in clause (i) of the first sentence of this subparagraph. "(B) After the close of each fiscal year the Secretary of Health, Education, and Welfare shall determine the portion of the costs, incurred during such fiscal year, of administration of this title, title XVI, and title X VIII and of carrying out the functions of the Department of Health, Education, and Welfare, specified in section 232, which relate to the administration of provisions of the Internal Revenue Code of 1954 (other than those referred to in clauses (i) of the first sentence of subparagraph (A)), which should have been iDome by the general fund in the Treasury and the portion of such costs which should have been borne by each of the Trust Funds; except that the determination of the amounts to be borne by the general fund in the Treasury with respect to expenditures incurred in carrying out such functions specified in section 232 shall be made pursuant to the method prescribed by the Board of Trustees under paragraph (4) of this subsection. After such determination has been made, the Secretary of Health, Education, and Welfare shall certify to the Managing Trustee the amounts, if any, which should be transferred from one to any of the other of such Trust Funds and the amounts, if any, which should be transferred between the Trust Funds (or one of the Trust Funds) and the general fund in the Treasury, in order to insure that each of the Trust Funds and the general fund in the Treasury have borne their proper share of the costs, incurred during such fiscal year, for the part of the administration of this title, title XVI, and title X VIII for which the Secretary of Health, Education, and Welfare is responsible and of carrying out the functions of the Department of Health, Education, and Welfare, specified in section 232, which relate to the administration of provisions of the Internal Revenue Code of 1954 (other than those referred to in clause (i) of the first sentence of subparagraph (A)). The Managing Trustee is authorized and directed to transfer any such, amounts in accordance with any certification so made.".

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 PUBLIC LAW 94-202—JAN. 2, 1976

89 STAT. 1139

(2) Subsection (g) of such section is further amended by adding at 42 USC 401. the end thereof the following new paragraph: "(4) The Board of Trustees shall prescribe before January 1, 1981, the method of determining the costs which should be borne by the general fund in the Treasury of carrying out the functions of the Department of Health, Education, and Welfare, specified in section 232, Ante, p. 1137. which relate to the administration of provisions of the Internal Revenue Code of 1954 (other than those referred to in clause (i) of the first sentence of paragraph (1)(A)). If at any time or times thereafter the Boards of Trustees of such Trust Funds deem such action advisable they may modify the method so determined.''. (e) Any persons the Board of Trustees finds necessary to employ to 42 USC 401 note. assist it in performing its functions under section 201(g)(4) of the Supra. Social Security Act may be appointed without regard to the civil service or classification laws, shall be compensated, while so employed at rates fixed by the Board of Trustees, but not exceeding $100 per day, and, while away from their homes or regular places of business, they may be allowed traveling expenses, including per diem in lieu of subsistence, as authorized by law for persons in the Government service employed intermittently. (f) The Secretary shall not make any estimates pursuant to section 42 USC 401 note. 201(g)(1)(A) (ii) of the Social Security Act before the Board of Trustees prescribes the method of determining costs as provided in section 201(g)(4) of such Act. The determinations pursuant to section 201(g)(1)(B) of the Social Security Act with respect to the carrying out of the functions of the Department of Health, Education, and Welfare specified in section 232 of such Act, which relate to the administration of provisions of the Internal Revenue Code of 1954 (other than those referred to in clause (i) of the first sentence of section 201(g)(1) (A) of the Social Security Act), during fiscal years ending before the Board of Trustees prescribes the method of making such determinations, shall be made after the Board of Trustees has prescribed such method. The Secretary of Health, Education, and Welfare shall certify to the Managing Trustee the amounts that should be transferred from the general fund in the Treasury to the Trust Funds (as referred to in section 201(g)(1)(A) of the Social Security Act) to insure that the general fund in the Treasury bears its proper share of the costs of carrying out such functions in such fiscal years. The Managing Trustee is authorized and directed to transfer any such amounts in accordance with any certification so made. (g) Section 6103 of the Internal Revenue Code of 1954 is amended 26 USC 6103. by adding at the end thereof the following new subsection: " (g) DISCLOSURE OF INFORMATION TO SECRETARY or HEALTH, EDUCATION, A D WELFARE.—The Secretary or his delegate is authorized to N

make available to the Secretary of Health, Education, and Welfare information returns filed pursuant to part III of subchapter A of chapter 61 of subtitle F for the purpose of carrying out, in accordance 26 USC 6031. with an agreement entered into pursuant to section 232 of the Social Security Act, an effective information return processing program.". (h)(1) Section 230(b)(2) of the Social Security Act is amended to 42 USC 430. read as follows: "(2) the ratio of (A) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year preceding the calendar year in which the determination under subsection (a) with respect to such particular calendar

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Page:United States Statutes at Large Volume 89.djvu/1200

 89 STAT. 1140

PUBLIC LAW 94-202—JAN. 2, 1976

year was made to (B) the average of the wages of all employees as reported to the Secretary of the Treasury for the calendar year 1973 or, if later, the calendar year preceding the most recent calendar year in which an increase in the contribution and benefit base was enacted or a determination resulting in such an increase was made under subsection (a),". 42 USC 430. (2) Section 230(b) of such Act is further amended by adding at the end thereof the following new sentence: "For purposes of this subsection, the average of the wages for the calendar year 1978 (or any prior calendar year) shall, in the case of determmations made under subsection (a) prior to December 31, 1979, be deemed to be an amount equal to 400 per centum of the amount of the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of such calendar year." 42 USC 403. (i)(l) Section 203(f)(8)(B) (ii) of the Social Security Act as amended— (A) in clause (I) thereof, by striking out "taxable wages of all employees as reported to the Secretary for the first calendar quarter of the calendar year", and inserting in lieu thereof "wages of all employees as reported to the Secretary of the Treasury for the calendar year preceding the calendar year", and (B) in clause (II) thereof, by striking out "taxable wages of all employees as reported to the Secretary for the first calendar quarter of 1973, or, if later, the first calendar quarter of the most recent calendar year", and inserting in lieu thereof "wages of all employees as reported to the Secretary of the Treasury for the calendar year 1973, or, if later, the calendar year preceding the most recent calendar year". (2) Section 203(f)(8)(B) (ii) of such Act is further amended by adding at the end thereof the following new sentence: "For purposes of this clause (ii), the average of the wages for the calendar year 1978 (or any prior calendar year) shall, in the case of determinations made under subparagraph (A) prior to December 31, 1979, be deemed to be an amount equal to 400 per centum of the amount of the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of such calendar year.". 42 USC 424a. (j) Section 224(f)(2) of the Social Security Act is amended, in the first sentence thereof, by— (1) inserting "before the calendar year" immediately after "calendar year", and (2) inserting "before the calendar year" immediately after "taxable year". 42 use418 note. (k) Notwithstanding the provisions of section 218(i) of the Social 42 USC 418. Security Act, nothing contained in the amendments made by the preceding provisions of this section shall be construed to authorize or require the Secretary, in promulgating regulations or amendments thereto under such section 218(i), substantially to modify the procedures, as in effect on December 1, 1975, for the reporting by States to the Secretary of the wages of individuals covered by social security pursuant to Federal-State agreements entered into pursuant to section 218 of the Social Security Act. 42 USC 1382a. SEC. 9. Section 1612(b)(2) of the Social Security Act (as enacted by section 301 of the Social Security Amendments of 1972) is amended (1) by inserting (A) immediately after (2), and (2) by adding at the end thereof the following new subparagraph:

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Page:United States Statutes at Large Volume 89.djvu/1201

 PUBLIC LAW 94-202—JAN. 2, 1976 "(B) Monthly (or other periodic) payments received by any individual, under'a program established prior to July 1, 1973, if such payments are made by the State of '^hich the individual receiving such payments is a resident, and if eligibility of any individual for such payments is not based on need and is based solely on attainment of age 65 and duration of residence in such State by such individual.". SEC. 10. (a) Section 7652(b)(3) of the Internal Revenue Code of 1954 is amended— (1) by striking out the first sentence and inserting in lieu thereof the following: "Beginning with the calendar quarter ending September 30, 1975, and quarterly thereafter, the Secretary or his delegate shall determine the amount of all taxes imposed by, and collected during the quarter under, the internal revenue laws of the United States on articles produced in the Virgin Islands and transported to the United States."; (2) by amending the first sentence of subparagraph (A) to read as follows: "There shall be transferred and paid over, as soon as practicable after the close of the quarter, to the Government of the Virgin Islands from the amounts so determined a sum equal to the to t ^ amount of the revenue collected by the Government of the Virgin Islands during the quarter, as certified by the Government Comptroller of the Virgin Islands."; and (3) by amending the sentence immediately following subparagraph (C) by striking out "at the beginning" and inserting in lieu thereof the following: "with respect to the four calendar quarters immediately preceding the beginning". (b) The amendments made by paragraphs (1) and (2) of subsection (a) shall apply with respect to all taxes imposed by, and collected after June 30, 1975, under, the internal revenue laws of the United States on articles produced in the Virgin Islands and transported to the United States. Approved January 2, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-679 (Comm. on Ways and Means). SENATE REPORT No. 94-550 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 121 (1975): Dec. 1, considered and passed House. Dec. 17, considered and passed Senate, amended. Dec. 19, House concurred in Senate amendments with amendments; Senate receded and concurred in House amendments.

89 STAT. 1141

Virgin Islands, shipments to the U.S. 26 USC 7652.

Effective date. 26 USC 7652 note.

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Page:United States Statutes at Large Volume 89.djvu/1202

 89 STAT. 1142

PUBLIC LAW 94-203—JAN. 2, 1976

Public Law 94-203 94th Congress An Act Jan. 2, 1976 [S. 95]

To guarantee the constitutional right to vote and to provide uniform procedures for absentee voting in Federal elections in the case of citizens outside the United States.

Be it enacted by the Senate and House of Representatives of the Overseas Citizens United States of America in Congress assembled, That this Act may Voting Rights Act be cited as the "Overseas Citizens Voting E i g h t s Act of 1975". of 1975. 42 USC 1973dd DEFINITIONS note. 42 USC 1973dd. SEC. 2. For the purposes of this Act, the term— (1^ "Federal election" means any general, special, or p r i m a r y election held solely or in part for the purpose of selecting, nominating, or electing any candidate for the office of President, Vice President, Presidential elector. Member of the United States Senate, Member of the United States House of Representatives, Delegate from the District of Columbia, Resident Commissioner of the Commonwealth of P u e r to Rico, Delegate from Guam, or Delegate from the Virgin Islands; (2) " State " means each of the several States, the District of Columbia, the Commonwealth of P u e i l o Rico, Guam, and the Virgin Islands; and (3) "United States" includes the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands, but does not include American Samoa, the Canal Zone, the T r u s t Territory of the Pacific Islands, or any other territory or possession of the United States. RIGHT OF CITIZENS RESIDING OVERSEAS TO VOTE I N FEDERAL ELECTIONS

Absentee registration and voting.

42 USC 1973dd-l.

SEC. 3. E a c h citizen residing outside the United States shall have the right to register absentee for, and to vote by, an absentee ballot in any Federal election in the State, or any election district of such State, in which he was last domiciled immediately prior to his departure from the United States and in which he could have met all qualifications (except any qualification relating to minimum voting age) to vote in Federal elections under any present law, even though while residing outside the United States he does not have a place of abode or other address in such State or district, and his intent to return to such State or district may be uncertain, if— (1) he has complied with all applicable State or district qualifications and requirements, which are consistent with this Act, concerning absentee registration for, and voting by, absentee ballots; (2) he does not maintain a domicile, is not registered to vote, and is not voting in any other State or election district of a State or territory or in any territory or possession of the United States; and (3) he has a valid passport or card of identity and registration issued under the authority of the Secretary of State.

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Rh fiddlestick, whilst a piper played a flageolet of four holes, from which he could draw six or seven notes. The great fête at Laruns is on 15 August, and if the charm of this is gone with the abandonment of the pretty costumes, it is still an animated and gay scene. At Laruns the broad trough of the Val d'Ossau comes abruptly to an end. Here from the left comes down the Valentin of Eaux Bonnes in a series of cascades, the drainage of the snows of the noble mountains at the head of the Val d'Azun, where they spill westward. But the Gave d'Ossau, that has its source under the Pic du Midi, has sawn for itself a way through rocks, and gushes forth through a notable chasm directly above Laruns. This, the ravine in which lies the thermal establishment of Eaux Chaudes, is by far the most interesting, it gives access to the elevated village of Gabas, and to the Col d'Aneou, by which one can pass into Spain. All the upper part of the course of the Gave is of surpassing beauty, and the Alpine pastures yield rich spoil to the botanist, owing to the variety of geological formation, limestone, schist, granite, and porphyry. The road to Eaux Chaudes, made in 1847, has been in part superseded by one made later, but for pedestrians it is the most pleasant, as it is the shortest. It enters the Gorge du Hourat, and runs the whole way between precipitous walls of rock, beside the torrent which roars down with tremendous velocity. At one point the road has had to be built up against the side of the precipice as a bridge, to allow a torrent, which falls from a height of several hundred feet, to pass under it, and so join the Gave, the river that has formed the cleft of the valley. At Eaux Chaudes there is little space; in winter hardly any sun, in summer there is a sense of oppression from the contraction of the mountains and the

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Page:United States Statutes at Large Volume 89.djvu/1203

 PUBLIC LAW 94-203—JAN. 2, 1976

89 STAT. 1143

ABSENTEE REGISTRATION AND BALLOTS FOR FEDERAL ELECTIONS

SEC. 4. (a) Each State shall provide by law for the absentee regis- 42 USC tration or other means of absentee qualification of all citizens residing 1973dd-2. outside the United States and entitled to vote in a Federal election in such State pursuant to section 3 whose application to vote in such election is received by the appropriate election official of such State not later than thirty days immediately prior to any such election. (b) Each State shall provide by law for the casting of absentee ballots for Federal elections by all citizens residing outside the United States who— (1) are entitled to vote in such State pursuant to section 3; (2) have registered or otherwise qualified to vote under subsection (a); and (3) have returned such ballots to the appropriate election official of such State in sufficient time so that such ballot is received by such election official not later than the time of closing of the polls in such State on the day of such election. ENFORCEMENT

SEC. 5. (a) Whenever the Attorney General has reason to believe 42 USC that a State or election district undertakes to deny the right to register 1973dd-3. or vote in any election in violation of section 3 or fails to take any action required by section 4, he may institute for the United States, or in the name of the United States, an action in a district court of the United States, in accordance with sections 1391 through 1393 of title 28, United States Code, for a restraining order, a preliminary or permanent injunction, or such other order as he deems appropriate. (b) Whoever knowingly or willfully shall deprive or attempt to Penalty. deprive any person of any right secured by this Act shall be fined not more than $5,000, or imprisoned not more than five years, or both. (c) Whoever knowingly or willfully gives false information as to his name, address, or period of residence for the purpose of establishing his eligibility to register, qualify, or vote under this Act, or conspires with another individual for the purpose of encouraging the giving of false information in order to establish the eligibility of any individual to register, qualify, or vote under this Act, or pays, or offers to pay, or accepts payment either for registration to vote or for voting shall be fined not more than $5,000, or imprisoned not more than five years, or both. SEVERABILITY

SEC. 6. If any provision of this Act is held invalid, the validity 42 USC 1973dd-4. of the remainder of the Act shall not be affected.

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Page:United States Statutes at Large Volume 89.djvu/1204

 89 STAT. 1144

PUBLIC LAW 94-203—JAN. 2, 1976 EFFECT ON CERTAIN OTHER LAWS

42 USC 1973dd-5.

SEC. 7. Nothing in this Act shall— (1) be deemed to require registration in any State or election district in which registration is not required as a precondition to voting in any Federal election; or (2) prevent any State or election district from adopting or following any voting practice which is less restrictive than the practices prescribed by this Act. EFFECTIVE DATE

42 USC 1973dd note.

SEC. 8. The provisions of the Act shall apply with respect to any Federal election held on or after January 1, 1976. Approved January 2, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-649 (Comm. on House Administration). SENATE REPORT No. 94-121 (Comm. on Rules and Administration). CONGRESSIONAL RECORD, Vol. 121 (1975): May 15, considered and passed Senate. Dec. 10, considered and passed House, amended. Dec. 18, Senate concurred in House amendment.

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Page:United States Statutes at Large Volume 89.djvu/1205

 PUBLIC LAW 94-204—JAN. 2, 1976

89 STAT. 1145

Public Law 94-204 94th Congress An Act To provide, under or by amendment of the Alaska Native Claims Settlement Act, for the late enrollment of certain Natives, the establishment of an escrow account for the proceeds of certain lands, the treatment of certain payments and grants, and the consolidation of existing regional corporations, 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) the Secretary of the Interior (hereinafter in this Act referred to as the "Secretary") is directed to review those applications submitted within one year from the date of enactment of this Act by applicants who failed to meet the March 30, 1973, deadline for enrollment established by the Secretary pursuant to the Alaska Native Claims Settlement Act (hereinafter m this Act referred to as the "Settlement Act"), and to enroll those Natives under the provisions of that Act who would have been qualified if the March 30, 1973, deadline had been met: Provided, That Natives enrolled under this Act shall be issued stock under the Settlement Act together with a pro rata share of all future distributions under the Settlement Act which shall commence beginning with the next regularly scheduled distribution after the enactment of this Act: Provided further, That land entitlement of any Native village, Native group. Village Corporation, or Regional Corporation, all as defined in such Act, shall not be affected by any enrollment pursuant to this Act, and that no tribe, band, clan, group, village, community, or association not otherwise eligible for land or other benefits as a "Native village", as defined in such Act, shall become eligible for land or other benefits as a Native village because of any enrollment pursuant to this Act: Provided further, That no tribe, band, clan, village, community, or village association not otherwise eligible for land or other benefits as a "Native group", as defined in such Act, shall become eligible for land or other benefits as a Native group because of any enrollment pursuant to this Act: And provided further, That any "Native group", as defined in such Act, shall not lose its status as a Native group because of any enrollment pursuant to this Act. (b) The Secretary is authorized to poll individual Natives properly enrolled to Native villages or Native groups which are not recognized as Village Corporations under section 11 of the Settlement Act and which are included within the boundaries of former reserves the Village Corporation or Corporations of which elected to acquire title to the surface and subsurface estate of said reserves pursuant to subsection 19(b) of the Settlement Act. The Secretary may allow these individuals the option to enroll to a Village Corporation which elected the surface and subsurface title under section 19(b) or remain enrolled to the Regional Corporation in which the village or group is located on an at-large basis: Provided, That nothing in this subsection shall affect existing entitlement to land of any Regional Corporation pursuant to section 12(b) or 14(h)(8) of the Settlement Act. (c) In those instances where, on the roll prepared under section 5 of the Settlement Act, there were enrolled as residents of a place on April 1, 1970, a sufficient number of Natives required for a Native

Jan. 2, 1976 [S. 1469]

Alaska Nati\e Claims Settlement ^.ct, amendments. 43 USC 1604 note. 43 USC 1601 note.

43 USC 1610.

43 USC 1618.

43 USC 1611, 1613. 43 USC 1604.

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Page:United States Statutes at Large Volume 89.djvu/1206

 89 STAT. 1146

43 USC 1601 note.

43 USC 1605.

Escrow account. 43 USC 1613 "ot^-

PUBLIC LAW 94-204—JAN. 2, 1976 village or Native group, as the case may be, and it is subsequently and finally determined that such place is not eligible for land benefits under the Act on grounds which include a lack of sufficient number of residents, the Secretary shall, in accordance with the criteria for residence applied in the final determination of eligibility, redetermine the place of residence on April 1, 1970, of each Native enrolled to such place, and the place of residence as so redetermined shall be such Native's place of residence on April 1, 1970, for all purposes under the Settlement Act: Provided, That each Native whose place of residence on April 1, 1970, is changed by reason of this subsection shall be issued stock in the Native corporation or corporations in which such redetermination entitles him to membership and all stock issued to such Native by any Native Corporation in which he is no longer eligible for membership shall be deemed canceled: Provided further, That no redistribution of funds made by any Native Corporation on the basis of prior places of residence shall be affected: Provided further, That land entitlements of any Native village, Native group, Village Corporation, Regional Corporation, or corporations organized by Natives residing in Sitka, Kenai, Juneau, or Kodiak, all as defined in said Act, shall not be affected by any determination of residence made pursuant to this subsection, and no tribe, band, clan, group, village, community, or association not otherwise eligible for land or other benefits as a "Native group" as defined in said Act, shall become eligible for land or other benefits as a Native group because of any redetermination of residence pursuant to this subsection: Provided further, That any distribution of funds from the Alaska Native Fund pursuant to subsection (c) of section 6 of the Settlement Act made by the Secretary or his delegate prior to any redetermination of residency shall not be affected by the provisions of this subsection. Each Native whose place of residence is subject to redetermination as provided in this subsection shall be given notice and an opportunity for hearing in connection with such redetermination as shall any Native Corporation which it appears may gain or lose stockholders by reason of such redetermination of residence. SEC. 2. (a) From and after the date of enactment of this Act, or January 1, 1976, whichever occurs first, any and all proceeds derived from contracts, leases, permits, rights-of-way, or easements pertaining to lands or resources of lands withdrawn for Native selection pursuant to the Settlement Act shall be deposited in an escrow account which shall be held by the Secretary until lands selected pursuant to that Act have been conveyed to the selecting corporation or individual entitled to receive benefits under such Act. As such withdrawn or formerly reserved lands are conveyed, the Secretary shall pay from such account the proceeds, together with interest which derive from contracts, leases, permits, rights-of-way, or easements, pertaining to such lands or resources of such lands, to the appropriate corporation or individual entitled to receive benefits under the Settlement Act. The proceeds derived from contracts, leases, permits, rights-of-way, or easements, pertaining to lands withdrawn or reserved, but not selected or elected pursuant to such Act, shall, upon the expiration of the selection or election rights of the corporations and individuals for whose benefit such lands were withdrawn or reserved, be paid as would have been required by law were it not for the provisions of this Act. (b) The Secretary is authorized to deposit in the Treasury of the United States the escrow account proceeds referred to in subsection (a) of this section, and the United States shall pay interest thereon semiannually from the date of deposit to the date of payment with simple interest at the rate determined by the Secretary of the Treasury

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Page:United States Statutes at Large Volume 89.djvu/1207

 PUBLIC LAW 94-204—JAN. 2, 1976

89 STAT. 1147

to be the rate payable on short-term obligations of the United States prevailing at the time of payment: Provided, That the Secretary in his discretion may w i t h d r a w such proceeds from the United States Treasury and reinvest such proceeds in the manner provided by the first section of the Act of June 24, 1938 (52 U.S.C. 1037): Provided further, 52 Stat. 1037. That this section shall not be construed to create or terminate any 25 USC 162a. trust relationship between the United States and any corporation or individual entitled to receive benefits under the Settlement Act. 43 USC 1601 (c) Any and all proceeds from public easements reserved pursuant "o^e. to section 17(b)(3) of the Settlement Act, from or after the date of 43 USC 1616. enactment of this Act, shall be paid to the grantee of such conveyance in accordance with such grantee's proportionate share. (d) To the extent that there is a conflict between the provisions of this section and any other Federal laws applicable to Alaska, the provisions of this section will govern. Any payment made to any corporation or any individual under authority of this section shall not be subject to any prior obligation under section 9(d) or 9(f) of the Settlement Act. 43 USC 1608. SEC. 3. The Settlement Act is amended by adding at the end thereof the following new section: "TEMPORARY EXEMPTION FROM CERTAIN SECURITIES LAWS

" SEC. 28. Any corporation organized pursuant to this Act shall be exempt from the provisions of the Investment Company Act of 1940 (54 Stat. 789), the Securities Act of 1933 (48 Stat. 74), and the Securities Exchange Act of 1934 (48 Stat. 881), as amended, through December 31, 1991. Nothing in this section, however, shall be construed to mean that any such corporation shall or shall not, after such date, be subject to the provisions of such Acts. Any such corporation which, but for this section, would be subject to the provisions of the Securities Exchange Act of 1934 shall transmit to its stockholders each year a report containing substantially all the information required to be included in an annual report to stockholders by a corporation which is subject to the provisions of such Act.". SEC. 4. The Settlement Act is further amended by a d d i n g at the end thereof the following new section:

43 USC 1625. 15 USC 80a-51 15 USC 77a. ^^ ^^^ '^^

"RELATION TO OTHER PROGRAMS

" SEC. 29. (a) The payments and grants authorized under this Act constitute compensation for the extinguishment of claims to land, and shall not be deemed to substitute for any governmental program s otherwise available to the Native people of Alaska as citizens of the United States and the State of Alaska. " (b) Notwithstanding section 5(a) and any other provision of the Food S t a m p Act of 1964 (78 Stat. 703), as amended, in determining the eligibility of any household to participate in the food stamp program, any compensation, remuneration, revenue, or other benefit received by any member of such household under the Settlement Act shall be disregarded.". SEC. 5. For purposes of the first section of the Act of February 12, 1929 (45 Stat. 1164), as amended, and the first section of the Act of June 24, 1938 (52 Stat. 1037), the Alaska Native F u n d shall, pending distributions under section 6(c) of the Settlement Act, be considered to consist of funds held in trust by the Government of the United States for the benefit of Indian tribes: Provided, That nothing in this section shall be construed to create or terminate any trust relationship

43 USC 1626.

7 USC 2014.

43 USC 1605 note. 25 USC 161a. ^ H^p l^^^r'

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Page:United States Statutes at Large Volume 89.djvu/1208

 89 STAT. 1148 43 USC 1601 note.

PUBLIC LAW 94-204—JAN. 2, 1976 between the United States and any corporation or individual entitled to receive benefits under the Settlement Act. SEC. 6. The Settlement Act is further amended by adding a new section 30 to read as follows: " M E R G E R o r NATIVE CORPORATIONS

43 USC 1627. 43 USC 1606, 1607, 1613.

43 USC 1618.

43 USC 1605, 1611.

"SEC. 30. (a) Notwithstanding any provision of this Act, any corporation created pursuant to section 'r(d), 8(a), 14(h)(2), or 14(h)(3) within any of the twelve regions of Alaska, as established by section 7(a), may, at any time, merge or consolidate, pursuant to the applicable provisions of the laws of the State of Alaska, with any other of such corporation or corporations created within or for the same region. Any corporations resulting from mergers or consolidations further may merge or consolidate with other such merged or consolidated corporations within the same region or with other of the corporations created in said region pursuant to section 7(d), 8(a), 14(h)(2), or 14(h)(3). "(b) Such mergers or consolidations shall be on such terms and conditions as are approved by vote of the shareholders of the corporations participating therein, including, where appropriate, terms providing for the issuance of additional shares of Regional Corporation stock to persons already owning such stock, and may take place pursuant to votes of shareholders held either before or after the enactment of this section: Provided, That the rights accorded under Alaska law to dissenting shareholders in a merger or consolidation may not be exercised in any merger or consolidation pursuant to this Act effected prior to December 19, 1991. Upon the effectiveness of any such mergers or consolidations the corporations resulting therefrom and the shareholders thereof shall succeed and be entitled to all the rights, privileges, and benefits of this Act, including but not limited to the receipt of lands and moneys and exemptions from various forms of Federal, State, and local taxation, and shall be subject to all the restrictions and obligations of this Act r.s are applicable to the corporations and shareholders which and who participated in said mergers or consolidations or as would have been applicable if the mergers or consolidations and transfers of rights and titles thereto had not taken place: Provided, That, where a Village Corporation organized pursuant to section 19(b) of this Act merges or consolidates with the Regional Corporation of the region in which such village is located or wnth another Village Corporation of that region, no provision of such merger or consolidation shall be construed as increasing or otherwise changing regional enrollments for purposes of distribution of the Alaska Native Fund; land selection eligibility; or revenue sharing pursuant to sections 6(c), 7(m), 12(b), 14(h)(8), and 7(i) of this Act. "(c) Notwithstanding the provisions of section 7(j) or (m), in any merger or consolidation in which the class of stockholders of a Regional Corporation who are not residents of any of the villages in the region are entitled under Alaska law to vote as a class, the terms of the merger or consolidation may provide for the alteration or elimination of the right of said class to receive dividends pursuant to said section 7(j) or (m). In the event that such dividend right is not expressly altered or eliminated by the terms of the merger or consolidation, such class of stockholders shall continue to receive such dividends pursuant to section 7(j) or (m) as would have been applicable if the merger or consolidation had not taken place and all Village Corporations within the affected region continued to exist separately.

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Page:United States Statutes at Large Volume 89.djvu/1209

 PUBLIC LAW 94-204—JAN. 2, 1976

89 STAT. 1149

"(d) Notwithstanding any other provision of this section or of any other law, no corporation referred to in this section may merge or consolidate with any other such corporations unless that corporation's shareholders have approved such merger or consolidation. "(e) The plan of merger or consolidation shall provide that the right of any affected Village Corporation pursuant to section 14(f) to withhold consent to mineral exploration, development, or removal within the boundaries of the Native village shall be conveyed, as part of the merger or consolidation, to a separate entity composed of the Native residents of such Native village.". SEC. 7. Section 17(a) (10) of the Settlement Act is amended to read as follows: "(10) The Planning Commission shall submit, in accordance with this paragraph, comprehensive reports to the President of the United States, the Congress, and the Governor and legislature of the State with respect to its planning and other activities under this Act, together with its recommendations for programs or other actions which it determines should be implemented or taken by the United States and the State. An interim, comprehensive report covering the above matter shall be so submitted on or before May 30, 1976. A final and comprehensive report covering the above matter shall be so submitted on or before May 30, 1979. The Commission shall cease to exist effective June 30, 1979.". SEC. 8. (a) Notwithstanding the October 6, 1975, order of the United States District Court for the District of Columbia in the case of Alaska Native Association of Oregon et al. against Rogers C. B. Morton et al., Civil Action Numbered 2133-73, and Alaska Federation of Natives International, Inc., et al. against Rogers C. B. Moiton, et al., Civil Action Numbered 2141-73 ( F. Supp.), changes in enrollment of Natives which are necessitated or permitted by such order shall in no way affect land selection entitlements of any Alaska Regional or Village Corporation nor any Native village or group eligibility. (b) Stock previously issued by any of the twelve Regional Corporations in Alaska or by Village Corporations to any Native who is enrolled in the thirteenth region pursuant to said order shall, upon said enrollment, be canceled by the issuing corporation without liability to it or the Native whose stock is so canceled: Provided, That, in the event that a Native enrolled in the thirteenth region pursuant to said order shall elect to re-enroll in the appropriate Regional Corporation in Alaska pursuant to the sixth ordering paragraph of that order, stock of such Native may be canceled by the Thirteenth Regional Corporation and stock may be issued to such Native by the appropriate Regional Corporation in Alaska without liability to either corporation or to the Native. (c) Whenever additional enrollment under the Settlement Act is permitted pursuant to this Act or any other provision of law, any Native enrolling under such authority who is determined not to be a permanent resident of the State of Alaska under criteria established pursuant to the Settlement Act shall, at the time of enrollment, elect whether to be enrolled in the thirteenth region or in the region determined pursuant to the provisions of section 5(b) of such Act and such election shall apply to all dependent members of such Native's household who are less than eighteen years of age on the date of such election. (d) No change in the final roll of Natives established by the Secretary pursuant to section 5 of the Settlement Act resulting from any regulation promulgated by the Secretary of the Interior providing for

43 USC 1613.

Report to President, Congress, Governor, and State legislature. 43 USC 1616.

Interim report. Final report. Termination date. 43 USC 1604 note.

43 USC 1601 note.

43 USC 1604.

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Page:United States Statutes at Large Volume 89.djvu/1210

 89 STAT. 1150

43 USC 1615.

43 USC 1618. 43 USC 1613.

25 Stat. 461. 25 Stat. 473a.

71 Stat. 596. 43 USC 1615.

43 USC 1613 "ote.

43 USC 1611 note,

PUBLIC LAW 94-204—JAN. 2, 1976 the disenrollment of Natives shall affect land entitlements of any Regional or Village Corporation or any Native village or group eligibility. SEC. 9. Section 16 of the Settlement Act is amended by inserting at the end thereof a new subsection (d) to read as follows: "(d) The lands enclosing and surrounding the village of Klukwan which were withdrawn by subsection (a) of this section are hereby rewithdrawn to the same extent and for the same purposes as provided by said subsection (a) for a period of one year from the date of enactment of this subsection, during which period the Village Corporation for the village of Klukwan shall select an area equal to twenty-three thousand and forty acres in accordance with the provisions of subsection (b) of this section and such Corporation and the shareholders thereof shall otherwise participate fully in the benefits provided by this Act to the same extent as they would have participated had they not elected to acquire title to their former reserve as provided by section 19(b) of this Act: Provided, That nothing in this subsection shall affect the existing entitlement of any Regional Corporation to lands pursuant to section 14(h)(8) of this Act: Provided further, That the foregoing provisions of this subsection shall not become effective unless and until the Village Corporation for the village of Klukwan shall quitclaim to Chilkat Indian Village, organized under the provisions of the Act of June 18, 1934 (48 Stat. 984), as amended by the Act of May 1, 1936 (49 Stat. 1250), all its right, title, and interest in the lands of the reservation defined in and vested by the Act of September 2, 1957 (71 Stat. 596), which lands are hereby conveyed and confirmed to said Chilkat Indian Village in fee simple absolute, free of trust and all restrictions upon alienation, encumbrance, or otherwise: Provided further, That the United States and the Village Corporation for the village of Klukwan shall also quitclaim to said Chilkat Indian Village any right or interest they may have in and to income derived from the reservation lands defined in and vested by the Act of September 2, 1957 (71 Stat. 597), after the date of enactment of this Act and prior to the date of enactment of this subsection.". SEC. 10. Section 16(b) of the Settlement Act is amended by adding at the end thereof the following: "Such allocation as the Regional Corporation for the southeastern Alaska region shall receive under section 14(h)(8) shall be select'^d and conveyed from lands not selected by puch Village Corporations that were withdrawn by subsection (a) of this section, except lands on Admiralty Island in the Angoon withdrawal area and, without the consent of the Governor of the State of Alaska or his delegate, lands in the Saxman and Yakutat withdrawal areas.". SEC. 11. The boundary between the southeastern and Chugach regions shall be the 141st meridian: Provided, That the Regional Corporation for the Chugach region shall accord to the Natives enrolled to the Village of Yakutat the same rights and privileges to use any lands which may be conveyed to the Regional Corporation in the vicinity of Icy Bay for such purposes as such Natives have traditionally made thereof, including, but not limited to, subsistence hunting, fishing and gathering, as the Regional Corporation accords to its own shareholders, and shall take no unreasonable or arbitrary action relative to such lands for the primary purpose and having the effect, of impairing or curtailing such rights and privileges. SEC. 12. (a) The purpose of this section is to provide for the settlement of certain claims, and in so doing to consolidate ownership among the United States, the Cook Inlet Region, Incorporated (hereinafter in this section referred to as the "Region"), and the State of Alaska,

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Page:United States Statutes at Large Volume 89.djvu/1211

 PUBLIC LAW 94-204—JAN. 2, 1976

89 STAT. 1151

within the Cook Inlet area of Alaska in order to facilitate land management and to create land ownership patterns which encourage settlement and development in appropriate areas. The provisions of this section shall take effect at such time as all of the following have taken place: (1) the State of Alaska has conveyed or irrevocably obligated itself to convey lands to the United States for exchange, hereby authorized, with the Region in accordance with the document referred to in subsection (b); (2) the Region and all plaintiffs/appellants have withdrawn from Cook Inlet against Kleppe, numbered 75-2232, ninth circuit, and such proceedings have been dismissed with prejudice; and (3) all Native village selections under section 12 of the Settlement Act of the lands within Lake Clark, Lake Kontrashibuna, and Mulchatna River deficiency withdrawals have been irrevocably withdrawn and waived. The conveyances described in paragraph (1) of this subsection shall not be subject to the provisions of section 6(i) of the Alaska Statehood Act (72 Stat. 339). 48 USC prec. (b) The Secretary shall make the following conveyances to the 21 note. Region, in accordance with the specific terms, conditions, procedures, covenants, reservations, and other restrictions set forth in the document entitled "Terms and Conditions for Land Consolidation and Management in Cook Inlet Area", which was submitted to the House Committee on Interior and Insular Affairs on December 10, 1975, the terms of which are hereby ratified as to the duties and obligations of the United States and the Region, as a matter of Federal law: (1) title to approximately 10,240 acres of land within the Kenai National Moose Range; except that there shall be no conveyance of the bed of Lake Tustamena, or the mineral estate in the waterfront zone described in the document referred to in this subsection; (2) title to oil and gas and coal in not to exceed 9.5 +t>wnships within the Kenai National Moose Range; (3) title to Federal interests in township 10 south, range 9 west, F.M., and township 20 north, range 9 east, S.M.; (4) title to township 1 south, range 21 west, S.M.: sections 3 to 10,15 to 22, 29, and 30; and rights to metalliferous minerals in the following sections in township 1 north, range 21 west, S.M.: sections 13, 14, 15, 22, 23, 24, 25, 26, 27, 28, 32, 33, 34, 35, 36; (5) title to twenty-nine and sixty-six hundredths townships of land outside the boundaries of Cook Inlet Region: unless pursuant to the document referred to in this subsection a greater or lesser entitlement shall exist, in which case the Secretary shall convey such entitlement; (6) title to lands selected by the Region from a pool which shall be established by the Secretary and the Administrator of General Services: Provided, That conveyances pursuant to this paragraph shall not be subject to the provisions of section 22(1) of the Settlement Act: Provided further, That conveyances pur- 43 USC 1621. suant to this paragraph shall be made in exchange for lands or rights to select lands outside the boundaries of Cook Inlet Region as described in paragraph (5) of this subsection and on the basis of values determined by agreement among the parties, notwithstanding any other provision of law. Effective upon their conveyance, the lands referred to in paragraph (1) of this subsection are excluded from the Kenai National Moose Range, but they shall automatically become part of the range and subject

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Page:United States Statutes at Large Volume 89.djvu/1212

 89 STAT. 1152

43 USC 1621.

43 USC 1610.

43 USC 1611, 1^1^-

PUBLIC LAW 94-204—JAIV. 2, 1976 to the laws and regulations applicable thereto upon title thereafter vesting in the United States. The Secretary is authorized to acquire lands formerly within the range with the concurrence of the Region so long as the Region owns such lands. Section 22(e) of the Settlement Act, concerning refuge replacement, shall apply with respect to lands conveyed pursuant to paragraphs (1) and (2) of this subsection, except that the Secretary may designate for replacement land twice the amount of any land conveyed without restriction to a native corporation. No lands outside the exterior boundaries of Cook Inlet Region shall be conveyed to the Region, unless, in the following circumstances, the consent of other Native Corporations is obtained: (i) Where the township to be nominated is located within an area withdrawn as of December 15, 1975, pursuant to section 11(a) (1) of the Settlement Act, the Region shall obtain the consent of the Regional Corporation and Village Corporation affected. (ii) Where the township to be nominated is located within an area withdrawn pursuant to section 11(a)(3) of the Settlement Act as of December 15, 1975, the Region shall obtain the consent of the Region in which the township is located. There shall be established a buffer zone outside the withdrawals described in subparagraphs (i) and (ii) which zone shall extend one township from any such section 11(a)(3) withdrawal and one and one-half townships from any section 11(a)(1) withdrawal. Any nomination of a township within such zone shall be subject to the consent of the Region, or of the Village Corporation if adjacent to a section 11(a)(1) withdrawal: Provided, however, That the affected Regional Corporation may designate additional lands to be included by substitution in the buffer zone so long as the buffer zone location is no greater than two townships in width and the total acreage of the buffer zone is not enlarged. The affected Regional Corporation shall designate the enlarged buffer zone, if any, no later than six months following the passage of this Act. Any use or development by the Region of land conveyed under this paragraph shall give due protection to the existing subsistence uses of such lands by the residents of the area; and no easement across Village Corporation lands to lands conveyed under this paragraph shall be established without the consent of the said Village Corporation or Corporations. (c) The lands and interests conveyed to the Region under the foregoing subsections of this section and the lands provided by the State exchange under subsection (a)(1) of this section, shall be considered and treated as conveyances under the Settlement Act unless otherwise provided, and shall constitute the Region's full entitlement under sections 12(c) and 14(h)(8) of the Settlement Act. Of such lands, 3.58 townships of oil and gas and coal in the Kenai National Moose Range shall constitute the full surface and subsurface entitlement of the Region under section 14(h)(8). The lands which would comprise the difference in acreage between the lands actually conveyed under and referred to in the foregoing subsections of this section, and any final determination of what the Region's acreage rights under sections 12(c) and 14(h)(8) of the Settlement Act would have been, if the conveyances set forth in this section to the Region had not been executed, shall be retained by the United States and shall not be available for conveyance to any Regional Corporation or Village Corporation, notwithstanding any provisions of the Settlement Act to the contrary. (d)(1) The Secretary shall convey to the State of Alaska all right, title, and interest of the United States in and to all of the following lands:

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Page:United States Statutes at Large Volume 89.djvu/1213

 PUBLIC LAW 94-204—JAN. 2, 1976 (i) At least 22.8 townships and no more than 27 townships of land from those presently withdrawn under section 17(d)(2) of the Settlement Act in the Lake Iliamna area and within the Nushagak Eiver or Koksetna River drainages near lands heretofore selected by the State, the amount and identities of which shall be determined pursuant to the document referred to in subsection (b); and (ii) 26 townships of lands in the Talkeetna Mountains, Kamishak Bay, and Tutna Lake areas, the identities of which are set forth in the document referred to in subsection (b). All lands granted to the State of Alaska pursuant to this subsection shall be regarded for all purposes as if conveyed to the State under and pursuant to section 6 of the Alaska Statehood Act: Provided, however, That this grant of lands shall not constitute a charge against the total acreage to which the State is entitled under section 6(b) of the Alaska Statehood Act. (2) The Secretary is authorized and directed to convey to the State of Alaska, without consideration, all right, title, and interest of the United States in and to all of that tract generally known as the Campbell tract and more particularly identified in the document referred to in subsection (b) except for one compact unit of land which he determines, after consultation with the State of Alaska, is actually needed by the Bureau of Land Management for its present operations: Provided, That in no event shall the unit of land so excepted exceed 1,000 acres in size. The land authorized to be conveyed pursuant to this paragraph shall be used for public parks and recreational purposes and other compatible public purposes in accordance with the generalized land use plan outlined in the Greater Anchorage Area Borough's Far North Bicentennial Park Master Development Plan of September 1974. Except as provided otherwise in this paragraph, in making the conveyance authorized and required by this paragraph, the Secretary shall utilize the procedures of the Recreation and Public Purposes Act (44 Stat. 741), as amended, and regulations developed pursuant to that Act, and the conveyance of such lands shall also contain a provision that, if the lands cease to be used for the purposes for which they were conveyed; the lands and title thereto shall revert to the United States: Provided, however, That the acreage limitation provided by section 1(b) of that Act, as amended by the Act of June 4, 1954 (68 Stat. 173), shall not apply to this conveyance, nor shall the lands conveyed pursuant to this paragraph be counted against that acreage limitation with respect to the State of Alaska or any subdivision thereof. (3) The Secretary is authorized and directed to make available for selection by the State, in its discretion, under section 6 of the Alaska Statehood Act, 12.4 townships of land to be selected from lands within the Talkeetna Mountains and Koksetna River areas as described in the document referred to in subsection (b). (e) The Secretary ma;^, notwithstanding any other provision of law to the contrary, convey title to lands and interests in lands selected by Native corporations within the exterior boundaries of Power Site Classification 443, February 13, 1958, to such corporations, subject to the reservations required by section 24 of the Federal Power Act. This conveyance shall be considered and treated as a conveyance under the Settlement Act. (f) All conveyances of lands made or to be made by the State of Alaska in satisfaction of the terms and conditions of the document referred to in subsection (b) of this section shall pass all of the State's right, title, and interest in such lands, including the minerals therein.

89 STAT. 1153

43 USC 1616.

48 USC prec. 21 note,

43 USC 869.

43 USC 869.

16 USC 818. 43 USC 1601 note.

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Page:United States Statutes at Large Volume 89.djvu/1214

 89 STAT. 1154 43 USC 1621. Appropriation authorization.

43 USC 1611. Report to Congress.

43 USC 1620. 43 USC 1606. 43 USC 1607. 26 USC 2031, 2033. 43 USC 1618 note. 43 USC 1613.

43 USC 1601 note. Appropriation authorization.

43 USC 1611 note.

43 eFR app.

PUBLIC LAW 94-204—JAN. 2, 1976 as if those conveyances were made pursuant to section 22(f) of the Settlement Act, except that dedicated or platted section line easements and highway and other rights-of-way may be reserved to the State. (g) The Secretary, through the National Park Service, shall provide financial assistance, not to exceed $25,000, hereby authorized to be appropriated, and technical assistance to the Region for the purpose of developing and implementing a land use plan for the west side of Cook Inlet, including an analysis of alternative uses of such lands. (h) Village Corporations within the Cook Inlet Region shall have until December 18, 1976, to file selections under section 12(b) of the Settlement Act, notwithstanding any provision of that Act to the contrary. (i) The Secretary shall report to the Congress by April 15, 1976, on the implementation of this section. If the State fails to agree to engage in a transfer with the Federal Government, pursuant to subsection (a)(1), the Secretary shall prior to December 18, 1976, make no conveyance of the lands that were to be conveyed to the Region in this section, nor shall he convey prior to such date the Point Campbell, Point Woronzof, and Campbell tracts, so that the Congress is not precluded from fashioning an appropriate remedy. In the event that the State fails to agree as aforesaid, all rights of the Region that may have been extinguished by this section shall be restored. SEC. 13. Section 21 of the Settlement Act is amended by adding the following subsection at the end thereof: "(f) Until January 1, 1992, stock of any Regional Corporation organized pursuant to section 7, including the right to receive distributions under subsection 7(i), and stock of any Village Corporation organized pursuant to section 8 shall not be includable in the gross estate of a decedent under sections 2031 and 2033, or any successor provisions, of the Internal Revenue Code.". SEC. 14. (a) The Secretary shall pay, by grant, $250,000 to each of the corporations established pursuant to section 14(h)(3) of the Settlement Act. (b) The Secretary shall pay, by grant, $100,000 to each of the following Village Corporations: (1) Arctic Village; (2) Elim; h) Gambell; (4) Savoonga; (5) Tetlin;and (6) Venetie. _ (c) Funds authorized under this section may be used only for planning, development, and other purposes for which the corporations set forth in subsections (a) and (b) are organized under the Settlement Act. (d) There is authorized to be appropriated to the Secretary for the purpose of this section a sum of $1,600,000 in fiscal year 1976. SEC. 15. (a) The Secretary shall convey under sections 12(a)(1) and 14(f) of the Settlement Act to Koniag, Incorporated, a Regional Corporation established pursuant to section 7 of said Act, such of the subsurface estate, other than title to or the right to remove gravel and common varieties of minerals and materials, as is selected by said corporation from lands withdrawn by Public Land Order 5397 for identification for selection by it located in the following described area; Township 36 south, range 52 west; Township 37 south, range 51 west;

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Page:United States Statutes at Large Volume 89.djvu/1215

 PUBLIC LAW 94-204—JAN. 2, 1976 Township 37 south, range 52 west; Township 37 south, range 53 west, sections 1 ^, 9-12, 13-16, 21-24, north half of 25-28; Township 38 south, range 51 west, sections 1-5, 9,10,12,13,18, 24,25; Township 38 south, range 52 west, sections 1-35; Township 38 south, range 53 west, sections 1,12, 13, 24, 25, 36; Township 39 south, range 51 west, sections 6, 7, 16-21, 28-33; Township 39 south, range 52 west, sections 1, 2, 11, 12, 13-16, 21-24; Township 39 south, range 53 west, sections 26,33-36; Township 40 south, range 52 west, sections 6, 7, 8, 9, 16, 17, 18-21,27-36; Township 40 south, range 53 west, all except sections 20, 29-33; Township 40 south, range 54 west, all except sections 35 and 36; Township 41 south, range 52 west, sections 4,8-15; Township 41 south, range 54 west, section 3; Township 41 south, range 53 west, sections 1,2,11,12,13 S. M., Alaska, notwithstanding; The withdrawal of such lands by Public Land Order 5179, as amended, pursuant to section 17(d)(2) of the Settlement Act: Provided, That notwithstanding the future designation by Congress as part of the National Park System or other national land system referred to in section 17(d)(2)(A) of the Settlement Act of the surface estate overlying any subsurface estate conveyed as provided in this section, and with or without such designation, Koniag, Incorporated, shall have such use of the surface estate, including such right of access thereto, as is reasonably necessary to the exploration for and the removal of oil and gas from said subsurface estate, subject to such regulations by the Secretary as are necessary to protect the ecology from permanent harm. The United States shall make available to Koniag, its successors and assigns, such sand and gravel as is reasonably necessary for the construction of facilities and rights-of-way appurtenant to the exercise of the rights conveyed under this section, pursuant to the provisions of section 601 et seq., title 30, United States Code, and the regulations implementing that statute which are then in effect. (b) The subsurface estate in all lands other than those described in subsection (a) within the Koniag Region and withdrawn under section 17 (d)(2)(E) of the Settlement Act, shall not be available for selection by Koniag Region, Incorporated. SEC. 16. Within ninety days after the date of enactment of this Act, the corporation created by the enrolled residents of the Village of Tatitlek may file selections upon any of the following described lands: Copper River Meridian Township 9 south, range 3 east, sections 23, 26, 31-35. Township 10 south, range 3 east, sections 2-27, 34-36. Township 11 south, range 4 east, sections 5, 6, 8, 9,16,17, 20-22, 27-29, 33-35. Township 9 south, range 3 east, sections 3-6, 9-11. Township 9 south, range 3 east, sections 14-16, 21, 22, 27, 28. The Secretary shall receive and adjudicate such selections as though they were timely filed pursuant to section 12(a) or 12(b) of the Settlement Act and were withdrawn pursuant to section 11 of that Act.

89 STAT. 1155

43 CFR app. 43 USC 1616,

43 USC 1611 note.

43 USC 1611, 1610.

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Page:United States Statutes at Large Volume 89.djvu/1216

 89 STAT. 1156

43 USC 1613. 43 USC 1621.

48 USC prec. 21 note.

43 USC 1625 A^^ikr nnt^ ^^^^ note.

PUBLIC LAW 94-204—JAN. 2, 1976 The Secretary shall convey such lands selected pursuant to this authorization which otherwise comply with the applicable statutes and regulations. This section shall not be construed to increase the entitlement of the corporation of the enrolled residents of Tatitlek or to increase the amount of land that may be selected from the National Forest System. The subsurface of any land selected pursuant to this section shall be conveyed to the Regional Corporation for the Chugach Region pursuant to section 14(f) of the Settlement Act. SEC. 17. Section 22(f) of the Settlement Act is amended to provide as follows: "(f) the Secretary, the Secretary of Defense, the Secretary of Agriculture, and the State of Alaska are authorized to exchange lands or interests therein, including Native selection rights, with the corporations organized by Native groups. Village Corporations, Regional Corporations, and the corporations organized by Natives residing in Juneau, Sitka, Kodiak, and Kenai, all as defined in this Act, and other municipalities and corporations or individuals, the State (acting free of the restrictions of section 6(i) of the Alaska Statehood Act), or any Federal agency for the purpose of effecting land consolidations or to facilitate the management or development of the land, or for other public purposes. Exchanges shall be on the basis of equal value, and either party to the exchange may pay or accept cash in order to equalize the value of the property exchanged: Provided, That when the parties agree to an exchange and the appropriate Secretary determines it is in the public interest, such exchanges may be made for other than equal value.". SEC. 18. Except as specifically provided in this Act, (i) the provisions of the Settlement Act are fully applicable to this Act, and (ii) nothing in this Act shall be construed to alter or amend any of such provisions. Approved January 2, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-729 accompanying H.R. 6644 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-361 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 121 (1975): Aug. 1, considered and passed Senate. Dec. 16, considered and passed House, amended, in lieu of H.R. 6644. Dec. 18, Senate concurred in House, amendment with amendments. Dec. 19, House concurred in Senate amendments.

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Page:United States Statutes at Large Volume 89.djvu/1217

 PUBLIC LAW 94-205—JAN. 2, 1976

89 STAT. 1157

Public Law 94-205 94th Congress An Act To amend the Real Estate Settlement Procedures Act of 1974.

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 "Real Estate Settlement Procedures Act Amendments of 1975". SEC- 2. Section 3(1) of the Real Estate Settlement Procedures Act of 1974 is amended— (1) by inserting "(other than temporary financing such as a construction loan)" immediately after "includes any loan"; (2) by inserting "a first lien on" immediately after "is secured by" in subparagraph (A); (3) by striking out "is eligible for purchase by" in subparagraph (B) (iii) and inserting in lieu thereof "is intended to be sold by the originating lender to"; (4) by striking out "or" the first time it appears in subparagraph (B) (iii); (5) by striking out "from any" and "could" in subparagraph (B) (iii) and inserting in lieu thereof "a" and "is to", respectively; and (6) by inserting the following immediately before the semicolon at the end ot subparagraph (B) (iv): ", except that for the purpose of this Act, the term 'creditor' does not include any agency or instrumentality of any State". SEC. 3. Section 4 of the Real Estate Settlement Procedures Act of 1974 is amended— (1) by inserting " (a) " immediately before "The Secretary" in the first sentence; (2) by striking out the words "minimum" and "unavoidable" in the parenthetical phrase in the first sentence; (3) by striking out the last sentence thereof and inserting in lieu thereof the following new sentences: "The Secretary may, by regulation, permit the deletion from the form prescribed under this section of items which are not, under local laws or customs, applicable in any locality, except that such regulation shall require that the numerical code prescribed by the Secretary be retained in forms to be used in all localities. Nothing in this section may be. construed to require that that part of the standard form which relates to the borrower's transaction be furnished to the seller, or to require that that part of the standard form which relates to the seller be furnished to the borrower."; and (4) by adding at the end thereof the following new subsection: "(b) The form prescribed under this section shall be completed and made available for inspection by the borrower at or before settlement by the person conducting the settlement, except that (1) the Secretary may exempt from the requirements of this section settlements occurring in localities where the final settlement statement is not customarily provided at or before the date of settlement, or settlements where such requirements are impractical and (2) the borrower may, in accordance

Jan. 2, 1976 [S. 2327] Real Estate Settlement Procedures Act Amendments of 1975. 12 USC 2601 note. 12 USC 2602.

12 USC 2603.

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Page:United States Statutes at Large Volume 89.djvu/1218

 89 STAT. 1158

12 USC 2604.

Repeal12 USC 2605. Repeal. 12 USC 2606. 12 USC 2607.

12 USC 2609.

PUBLIC LAW 94-205—JAN. 2, 1976 with regulations of the Secretary, waive his right to have the form made available at such time. Upon the request of the borrower to inspect the form prescribed under this section during the business day immediately preceding the day of settlement, the person who will conduct the settlement shall permit the borrower to inspect those items which are known to such person during such preceding day.". SEC. 4. Section 5 of the Eeal Estate Settlement Procedures Act of 1974 is amended— (1) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; (2) by inserting after subsection (b) the following new subsection: "(c) Each lender shall include with the booklet a good faith estimate of the amount or range of charges for specific settlement services the borrower is likely to incur in connection with the settlement as prescribed by the Secretary."; (3) by striking out "an application" in the first sentence of subsection (d), as redesignated by paragraph (1) of this section, and inserting in lieu thereof "or for whom it prepares a written application"; and (4) by inserting "or preparation" immediately aft^r "receipt" in the second sentence of subsection (d), as redesignated by paragraph (1) of this section. SEC. 5. Section 6 of the Real Estate Settlement Procedures Act of 1974 is repealed. SEC. 6. Section 7 of the Real Estate Settlement Procedures Act of 1974 is repealed. SEC. 7. Section 8 of the Real Estate Settlement Procedures Act of 1974 is amended in subsection (c) by striking out "or" immediately before " (2)", and by inserting before the period at the end thereof the following: ", or (3) payments pursuant to cooperative brokerage and referral arrangements or agreements between real estate agents and brokers, or (4) such other payments or classes of payments or other transfers as are specified in regulations prescribed by the Secretary, after consultation with the Attorney General, the Administrator of Veterans' Affairs, the Federal Home Loan Bank Board, the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, and the Secretary of Agriculture". SEC. 8. Section 10 of the Real Estate Settlement Procedures Act of 1974 is amended to read as follows: a ESCROW ACCOUNTS

"SEC. 10. A lender, in connection with a federally related mortgage loan, may not require the borrower or prospective borrower— " (1) to deposit in any escrow account which may be established in connection with such loan for the purpose of assuring payment of taxes, insurance premiums, or other charges with respect to the property, in connection with the settlement, an aggregate sum (for such purpose) in excess of a sum that will be sufficient to pay such taxes, insurance premiums and other charges attributable to the period beginning on the last date on which each such charge would

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