PUBLIC LAW 97-473, 96 STAT. 2605

97th CONGRESS, H.R. 5470 JANUARY 14, 1983
An Act To amend the Internal Revenue Code of 1954 with

respect to the tax treatment of

periodic payments for damages received on account of

personal injury or sickness,

and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. AMENDMENT OF 1954 CODE.

Whenever in title I or II an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954. // 26 USC 1. //

TITLE I-INCOME TAX PROVISIONS

SEC. 101. TREATMENT OF RECIPIENT OF SETTLEMENT PERIODIC PAYMENTS.

(a) Treatment of Recipient.-Paragraph (2) of section 104(a) // 26 USC 104. // (relating to compensation for injuries or sickness) is amended by striking out "whether by suit or agreement" and inserting in lieu thereof "whether by suit or agreement and whether as lump sums or as periodic payments".

(b) Treatment of Assignee-Payor.--,

(1) In general.-Part III of subchapter B of chapter 1 (relating to items specifically excluded from gross income) is amended by redesignating section 130 as section 131

// 26 USC 131. //

and by inserting after section 129 the following new section:

" SEC. 130. // 26 USC 130. // CERTAIN PERSONAL INJURY LIABILITY ASSIGNMENTS.

"(a) In General.-Any amount received for agreeing to a qualified assignment shall not be included in gross income to the extent that such amount does not exceed the aggregate cost of any qualified funding assets.

(b) Treatment of Qualified Funding Asset.-In the case of any qualified funding asset--,

"(1) the basis of such asset shall be reduced by the amount excluded from gross income under subsection (a) by reason of the purchase of such asset, and

"(2) any gain recognized on a disposition of such asset shall be treated as ordinary income.

"(c) Qualified Assignment.-For purposes of this section, the term 'qualified assignment' means any assignment of a liability to make periodic payments as damages (whether by suit or agreement) on account of personal injury or sickness--,

"(1) if the assignee assumes such liability from a person who is a party to the suit or agreement, and

"(2) if--,

"(A) such periodic payments are fixed and determinable as to amount and time of payment, "(B) such periodic payments cannot be accelerated, deferred, increased, or decreased by the recipient of

such

payments,

"(C) the assignee does not provide to the recipient of

such

payments rights against the assignee which are greater

than those of a general creditor,

"(D) the assignee's obligation on account of the personal injuries or sickness is no greater than the obligation

of the

person who assigned the liability, and

"(E) such periodic payments are excludable from the gross income of the recipient under section 104(a)(2).

"(d) Qualified Funding Asset.-For purposes of this section, the term 'qualified funding asset' means any annuity contract issued by a company licensed to do business as an insurance company under the laws of any State, or any obligation of the United States, if--,

"(1) such annuity contract or obligation is ued by the assignee to fund periodic payments under any qualified assignment,

"(2) the periods of the payments under the annuity contract or obligation are reasonably related to the periodic payments under the qualified assignment, and the amount of any such payment under the contract or obligation does not exceed the periodic payment to which it relates,

"(3) such annuity contract or obligation is designated by the taxpayer (in such manner as the Secretary shall by regulations prescribe) as being taken into account under this section with respect to such qualified assignment, and

"(4) such annuity contract or obligation is purchased by the taxpayer not more than 60 days before the date of the qualified assignment and not later than 60 days after the date of such assignment."

(2) Conforming amendment.-The table of section for part III of subchapter B of chapter 1 is amended by striking out the item relating to section 130 and inserting in lieu thereof the following new items:

" Sec. 130. Certain personal injury liability

assignments.

" Sec. 131. Cross references to other Acts."

(c) Effective Date.-The amendments made by this section // 26 USC 130. // shall apply to taxable years ending after December 31, 1982.

SEC. 102. EXCLUSION FROM GROSS INCOME FOR CERTAIN FOSTER CARE PAYMENTS.

(a) In General.-Part III of subchapter B of chapter 1 (relating to items specifically excluded from gross income), as amended by section 101(b), // 26 USC 132. // is amended by redesignating section 131 as section 132 and by inserting after section 130 the following new section:

" SEC. 131. // 26 USC 131. // CERTAIN FOSTER CARE PAYMENTS.

"(a) General Rule.-Gross income shall not include amounts received by a foster parent during the taxable year as qualified foster care payments.

"(b) Qualified Foster Care Payment Defined.-For purposes of this section--,

"(1) In general.-The term 'qualified foster care payment' means any amount--,

"(A) which is paid by a State or political subdivision thereof or by a child-placing agency which is described

in

section 501(c)(3) and exempt from tax under

section 501(a),

and

"(B) which is--, "(i) paid to reimburse the foster parent for the expenses of caring for a qualified foster child in the foster parent's home, or "(ii) a difficulty of care payment.

"(2) QUALIFIED FOSTER CHILD.- The term 'qualified foster child ' means any individual who--,

"(A) has not attained age 19, and "(B) is living in a foster family in which such individual was placed by--, "(i) an agency of a State or political subdivision thereof, or "(ii) an organization which is licensed by a State (or political subdivision thereof) as a child-placing agency and which is described in section 501(c)(3) and exempt from tax under section 501(a).

"(c) Difficulty of Care Payments.-For purposes of this section--,

"(1) Difficulty of care payments.-The term 'difficulty of care payments' means payments to individuals which are not described in subsection (b)(1)(B)(i), and which--,

"(A) are compensation for providing the additional care of a qualified foster child which is--, "(i) required by reason of a physical, mental, or emotional handicap of such child with respect to which the State has determined that there is a need for additional compensation, and "(ii) provided in the home of the foster parent, and "(B) are designated by the payor as compensation described in subparagraph (A).

"(2) Limitation based on number of children.-In the case of any foster home, difficulty of care payments for any period to which such payments relate shall not be excludable from gross income under subsection (a) to the extent such payments are made for more than 10 qualified foster children."

(b) Clerical Amendment.-The table of sections for part III of subchapter B of chapter 1 is amended by striking out the item relating to section 131 and by inserting in lieu thereof the following items:

" Sec. 131. Certain foster care payments. " Sec. 132. Cross references to other Acts."

(c) Effective Date.-The amendments made by this section // 26 USC 131. // shall apply to taxable years beginning after December 31, 1978.

TITLE II-TAX STATUS OF INDIAN TRIBAL GOVERNMENTS

SEC. 201. // 26 USC 1. // SHORT TITLE.

This title may be cited as the Indian Tribal Governmental Tax Status Act of 1982".

SEC. 202. INDIAN TRIBAL GOVERNMENTS TREATED AS STATES FOR CERTAIN PURPOSES.

(a) General Rule.-Chapter 80 (relating to general rules) is amended by adding at the end thereof the following new subchapter:

" Subchapter C-Provisions Affecting More than One

Subtitle

" Sec. 7871. Indian tribal governments treated as

States for certain purposes.

" SEC. 7871. // 26 USC 7871. // INDIAN TRIBAL GOVERNMENTS TREATED AS STATES FOR CERTAIN PURPOSES.

"(a) General Rule.-An Indian tribal government shall be treated as a State--,

"(1) for purposes of determining whether and in what amount any contribution or transfer to or for the use of such government (or political subdivision thereof) is deductible under--,

"(A) section 170 (relating to income tax deduction for charitable, etc., contributions and gifts), "(B) sections 2055 and 2106(a)(2) (relating to estate tax deduction for transfers of public, charitable, and

religious

uses), or

"(C) section 2522 (relating to gift tax deduction for

charitable

and similar gifts);

"(2) subject to subsection (b), for purposes of any exemption from, credit or refund of, or payment with respect to, an excise tax imposed by--,

"(A) chapter 31

// 26 USC 4041. //

(relating to tax on special fuels),

"(B) chapter 32

// 26 USC 4061. //

(relating to manufacturers excise taxes),

"(C) subchapter B of chapter 33

// 26 USC 4251. //

(relating to communications

excise tax), or

"(D) subchapter D of chapter 36

// 26 USC 4481. //

(relating to tax on use of

certain highway vehicles);

"(3) for purposes of section 164 (relating to deduction for taxes);

"(4) subject to subsection (c), for purposes of section 103 (relating to interest on certain governmental obligations);

"(5) for purposes of section 511(a)(2)(B) (relating to the taxation of colleges and universities which are agencies or instrumentalities of governments or their political subdivisions);

"(6) for purposes of--,

"(A) section 37(e)(9)(A) (relating to certain public

retirement

systems),

"(B) section 41(c)(4) (defining State for purposes of

credit

for contribution to candidates for public offices),

"(C) section 117(b)(2)(A) (relating to scholarships and

fellowship

grants), and

"(D) section 403(b)(1)(A)(ii) (relating to the taxation

of

contributions of certain employers for employee

annuities);

and

"(7) for purposes of--,

"(A) chapter 41

// 26 USC 4911. //

(relating to tax on excess expenditures to

influence legislation), and

"(B) subchapter A of chapter 42

// 26 USC 4940. //

(relating to private

foundations).

"(b) Additional Requirements for Excise Tax Exemptions.--, Paragraph (2) of subsection (a) shall apply with respect to any transaction only if, in addition to any other requirement of this title applicable to similar transactions involving a State or political subdivision thereof, the transaction involves the exercise of an essential governmental function of the Indian tribal government.

"(c) Additional Requirements for Tax-exempt Bonds.--,

"(1) In general.-Subsection (a) of section 103 shall apply to any obligation (not described in paragraph (2)) issued by an Indian tribal government (or subdivision thereof) only if such obligation is part of an issue substantially all of the proceeds of which are to be used in the exercise of any essential governmental function.

"(2) No exemption for certain private-activity bonds.--, Subsection (a) of section 103 shall not apply to any of the following issued by an Indian tribal government (or subdivision thereof):

"(A) An industrial development bond (as defined in

section

103(b)(2)).

"(B) An obligation described in section 103(1)(1)(A)

(relating

to scholarship bonds).

"(C) A mortgage subsidy bond (as defined in

paragraph (1)

of section 103 A(b) without regard to paragraph (2)

thereof).

"(d) Treatment of Subdivisons of Indian Tribal Governments as Political Subdivisions.-For the purposes specified in subsection (a), a subdivision of an Indian tribal government shall be treated as a political subdivision of a State if (and only if) the Secretary determines (after consultation with the Secretary of the Interior) that such subdivision has been delegated the right to exercise one or more of the substantial governmental functions of the Indian tribal government."

(b) Conforming Amendments Relating to Cross References.--,

(1) Subsection (d) of section 41

// 26 USC 41. //

is amended to read as follows:

"(d) Cross References.--,

"(1) For disallowance of credits to estates and trusts,

see section

642(a)(2).

"(2) For treatment of Indian tribal governments as

States (and the

political subdivisions of Indian tribal governments as

political subdivisions

of States), see section 7871."

(2) Subsection (m) of section 103

// 26 USC 103. //

is amended to read as follows:

"(m) Cross References.--,

" For provisions relating to the taxable status of--,

"(1) Certain obligations issued by Indian tribal

governments (or their

subdivisions), see section 7871.

"(2) Exempt interest dividends of regulated investment

companies, see

section 852(b)(5)(B).

"(3) Puerto Rican bonds, see section 3 of the Act of

March 2, 1917, as

amended (48 U.S.C. 745).

"(4) Virgin Islands insular and municipal bonds, see

section 1 of the Act

of October 27, 1919 (48 U.S.C. 1403).

"(5) Certain obligations issued under title I of the

Housing Act of 1949,

see section 102(g) of title I of such Act (42

U.S.C. 1452(g))."

(3) Section 164(f)

// 26 USC 164. //

is amended by adding at the end thereof the following new paragraph.

"(3) For treatment of taxes imposed by Indian tribal

governments (or

their subdivisions), see section 7871."

(4) Section 170(k)

// 26 USC 170. //

is amended by adding at the end thereof the following new paragraph:

"(8) For charitable contributions to or for the use of

Indian tribal governments

(or their subdivisions), see section 7871."

(5) Section 2055(f)

// 26 USC 2055. //

is amended by adding at the end thereof the following new paragraph:

"(11) For treatment of gifts and bequests to or for the

use of Indian

tribal governments (or their subdivisions), see section

7871."

(6) Subparagraph (F) of section 2106(a)(2)

// 26 USC 2106. //

is amended to read as follows:

"(F) Cross references.--, "(i) For option as to time for valuation for purposes of

deduction under

this section, see section 2032.

"(ii) For exemption of certain bequests for the benefit

of the United

States and for rules of construction for certain

bequests, see section

2055(f).

"(iii) For treatment of gifts and bequests to or for the

use of Indian

tribal governments (or their subdivisions), see section

7871."

(7) Subsection (d) of section 2522

// 26 USC 2522. //

is amended to read as follows:

"(d) Cross References.--,

"(1) For exemption of certain gifts to or for the

benefit of the United

States and for rules of construction with respect to

certain bequests, see

section 2055(f).

"(2) For treatment of gifts to or for the use of Indian

tribal governments

(or their subdivisions), see section 7871."

(8) Section 4227

// 26 USC 4227. //

is amended to read as follows:

" SEC. 4227. CROSS REFERENCES.

"(1) For exemption for a sale to an Indian tribal

government (or its

subdivision) for the exclusive use of an Indian tribal

government (or its

subdivision), see section 7871.

"(2) For credit for taxes on tires and tubes, see

section 6416(c)."

(9) The table of sections for subchapter G of chapter 32 is amended by striking out the item relating to section 4227 and inserting in lieu thereof the following new item:

" Sec. 4227. Cross references."

(10) Section 4484

// 26 USC 4484. //

is amended to read as follows:

" SEC. 4484. CROSS REFERENCES.

"(1) For penalties and administrative provisions

applicable to this subchapter,

see subtitle F.

"(2) For exemption for uses by Indian tribal

governments (or their subdivisions),

see section 7871."

(11) The table of sections for subchapter D of chapter 36 is amended by striking out the item relating to section 4484 and inserting in lieu thereof the following new item:

" Sec. 4484. Cross references."

(12) Sections 6420(h) and 6421(j)

// 26 USC 6420, 6421. //

are each amended by adding at the end thereof the following new paragraph:

"(4) For treatment of an Indian tribal government as a

State and a

subdivision of an Indian tribal government as a

political subdivision of a

State), see section 7871."

(13) Sections 6424(g) and 6427(k)

// 26 USC 6424, 6427. //

are each amended by adding at the end thereof the following new paragraph:

"(3) For treatment of an Indian tribal government as a

State (and a

subdivision of an Indian tribal government as a

political subdivision of a

State), see section 7871."

(c) Clerical Amendment.-The table of subchapters for chapter 80 is amended by adding at the end thereof the following new item:

" Subchapter C. Provisions affecting more than one subtitle."

SEC. 203. DEFINITION OF INDIAN TRIBAL GOVERNMENT.

Subsection (a) of Section 7701 // 26 USC 7701. // (relating to definitions) is amended by adding at the end thereof the following new paragraph:

"(40) Indian tribal government.--,

"(A) In general.-The term ' Indian tribal government' means the governing body of any tribe, band, community, village, or group of Indians, or (if applicable)

Alaska Natives,

which is determined by the Secretary, after

consultation

with the Secretary of the Interior, to exercise

governmental functions.

"(B) Special rule for Alaska Natives.-No

determination

under subparagraph (A) with respect to Alaska Natives

shall grant or defer any status or powers other than

those

enumerated in section 7871. Nothing in the Indian

Tribal

Governmental Tax Status Act of 1982, or in the

amendments

made thereby, shall validate or invalidate any claim

by Alaska Natives of sovereign authority over lands or

people."

SEC. 204. // 26 USC 7871. // EFFECTIVE DATES.

The amendments made by this title--,

(1) insofar as they relate to chapter 1 of the Internal Revenue Code of 1954 (other than section 103 thereof),

// 26 USC 1. //

shall apply to taxable years beginning after December 31, 1982, and before January 1, 1985,

(2) insofar as they relate to section 103 of such Code, shall apply to obligations issued after December 31, 1982, and before January 1, 1985,

(3) insofar as they relate to chapter 11 of such Code,

// 26 USC 2001. //

shall apply to estates of decedents dying after December 31, 1982, and before January 1, 1985,

(4) insofar as they relate to chapter 12 of such Code,

// 26 USC 2501. //

shall apply to gifts made after December 31, 1982, and before January 1, 1985, and

(5) insofar as they relate to taxes imposed by subtitle D of such Code,

// 26 USC 4041. //

shall take effect on January 1, 1983, and shall cease to apply at the close of December 31, 1984.

TITLE III-AMENDMENTS TO EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974

SEC. 301. TREATMENT OF HAWAII PREPAID HEALTH CARE ACT UNDER EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

(a) Exemption From Preemption.-Section 514(b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)) is amended by adding at the end thereof the following new paragraph:

"(5)(A) Except as provided in subparagraph (B), subsection (a) shall not apply to the Hawaii Prepaid Health Care Act (Haw. Rev. Stat. Sections 393 - 1 through 393 - 51).

"(B) Nothing in subparagraph (A) shall be construed to exempt from subsection (a)--,

"(i) any State tax law relating to employee benefit plans, or

"(ii) any amendment of the Hawaii Prepaid Health Care Act enacted after September 2, 1974, to the extent it provides for more than the effective administration of such Act as in effect on such date.

"(C) Notwithstanding subparagraph (A), parts 1 and 4 of this subtitle, and the preceding sections of this part to the extent they govern matters which are governed by the provisions of such parts 1 and 4, shall supersede the Hawaii Prepaid Health Care Act (as in effect on or after the date of the enactment of this paragraph), but the Secretary may enter into cooperative arrangements under this paragraph // 29 USC 1136. // and section 506 with officials of the State of Hawaii to assist them in effectuating the policies of provisions of such Act which are superseded by such parts.".

(b) Treatment of Other State Laws.-The amendment made by this section // 29 USC 1144. // shall not be considered a precedent with respect to extending such amendment to any other State law.

(c) Effective Date.-The amendment made by this section // 29 USC 1144. // shall take effect on the date of the enactment of this Act.

SEC. 302. TREATMENT OF MULTIPLE EMPLOYER WELFARE ARRANGEMENTS UNDER EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974.

(a) Definition of Multiple Employer Welfare Arrangement.--, Section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002), relating to definitions, is amended by adding at the end thereof the following new paragraph:

"(40)(A) The term 'multiple employer welfare arrangement' means an employee welfare benefit plan, or any other arrangement (other than an employee welfare benefit plan), which is established or maintained for the purpose of offering or providing any benefit described in paragraph (1) to the employees of two or more employers (including one or more self-employed individuals), or to their beneficiaries, except that such term does not include any such plan or other arrangement which is established or maintained--,

"(i) under or pursuant to one or more agreements which the Secretary finds to be collective bargaining agreements, or

"(ii) by a rural electric cooperative.

"(B) For purposes of this paragraph--,

"(i) two or more trades or businesses, whether or not incorporated, shall be deemed a single employer if such trades or businesses are within the same control group,

"(ii) the term 'control group' means a group of trades or businesses under common control,

"(iii) the determination of whether a trade or business is under 'common control' with another trade or business shall be determined under regulations of the Secretary applying principles similar to the principles applied in determining whether employees of two or more trades or businesses are treated as employed by a single employer under section 4001(b),

// 29 USC 1301. //

except that, for purposes of this paragraph, common control shall not be based on an interest of less than 25 percent, and

"(iv) the term 'rural electric cooperative' means--,

"(I) any organization which is exempt from tax under section 501(a) of the Internal Revenue Code of 1954

// 26 USC 501. //

and

which is engaged primarily in providing electric

service on

a mutual or cooperative basis, and

"(II) any organization described in paragraph (4) or (6)

of

section 501(c) of the Internal Revenue Code of 1954

// 26 USC 501. //

which is

exempt from tax under section 501(a) of such Code and

at

least 80 percent of the members of which are

organizations

described in subclause (I)."

(b) Limitation on Preemption of State Law With Regard to Welfare Plans Which Are Multiple Employer Welfare Arrangements.--, Section 514( b) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1144(b)), as amended by section 301 of this Act, is further amended by adding at the end thereof the following new paragraph:

"(6)(A) Notwithstanding any other provision of this section--,

"(i) in the case of an employee welfare benefit plan which is a multiple employer welfare arrangement and is fully insured (or which is a multiple employer welfare arrangement subject to an exemption under subparagraph (B)), any law of any State which regulates insurance may apply to such arrangement to the extent that such law provides--,

"(I) standards, requiring the maintenance of specified levels of reserves and specified levels of

contributions,

which any such plan, or any trust established under

such a

plan, must meet in order to be considered under such law

able to pay benefits in full when due, and

"(II) provisions to enforce such standards, and

"(ii) in the case of any other employee welfare benefit plan which is a multiple employer welfare arrangement, in addition to this title, any law of any State which regulates insurance may apply to the extent not inconsistent with the preceding sections of this title.

"(B) The Secretary may, under regulations which may be prescribed by the Secretary, exempt from subparagraph (A)(ii), individually or by class, multiple employer welfare arrangements which are not fully insured. Any such exemption may be granted with respect to any arrangement or class of arrangements only if such arrangement or each arrangement which is a member of such class meets the requirements of section 3(1) and section 4 // 29 USC 1002, 1003. // necessary to be considered an employee welfare benefit plan to which this title applies.

"(C) Nothing in subparagraph (A) shall affect the manner or extent to which the provisions of this title apply to an employee welfare benefit plan which is not a multiple employer welfare arrangement and which is a plan, fund, or program participating in, subscribing to, or otherwise using a multiple employer welfare arrangement to fund or administer benefits to such plan's participants and beneficiaries.

"(D) For purposes of this paragraph, a multiple employer welfare arrangement shall be considered fully insured only if the terms of the arrangement provide for benefits the amount of all of which the Secretary determines are guaranteed under a contract, or policy of insurance, issued by an insurance company, insurance service, or insurance organization, qualified to conduct business in a State."

(c) Effective Date.-The amendments made by this section // 29 USC 1002. // shall take effect on the date of the enactment of this Act.

Approved January 14, 1983.

LEGISLATIVE HISTORY-H.R. 5470:

HOUSE REPORTS: No. 97 - 832 (Comm. on Ways and Means) and No. 97 - 984 (Comm. of Conference).

SENATE REPORT: No. 97 - 646 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 128 (1982):

Sept. 20, considered and passed House.

Oct. 1, considered and passed Senate, amended.

Dec. 13, House agreed to Senate amendment with an amendment.

Dec. 21, House and Senate agreed to conference report.

PUBLIC LAW 97-472, 96 STAT. 2603

97th CONGRESS, S.J. RES. 260 JANUARY 14, 1983
Joint Resolution To designate the period commencing January 1, 1983, and

ending December 31, 1983,

as the " Tricentennial Anniversary Year of German

Settlement in America".

Whereas October 6, 1983, is the three hundredth anniversary of German settlement in America at Philadelphia, Pennsylvania;

Whereas such date marks the beginning of the immeasurable human, economic, political, social, and cultural contributions to this country by millions of German immigrants over the past three centuries;

Whereas today the United States of America and the Federal Republic of Germany continue their close friendship based on the common values of democracy, guaranteed individual liberties, tolerance of personal differences, and opposition to totalitarianism; and

Whereas it is fitting that this historic event be commemorated in such a manner as to celebrate German-American friendship and to focus on the democratic values that bind us together: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the period commencing January 1, 1983, and ending December 31, 1983, is hereby designated as the " Tricentennial Anniversary Year of German Settlement in America", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe the year with appropriate ceremonies and activities.

Sec. 2. As a concrete demonstration of our commitment to the enduring United States-German relationship, and as an act of celebration to inaugurate the Tricentennial Year, we express our strong support for the President's Youth Exchange Initiative, and especially the concept of a United States-German teenage exchange sponsored by the Members of the United States Congress and the West German Bundestag, and emphasizing home stays with families.

Sec. 3. (a) There is hereby established a Commission to be known as the Presidential Commission for the German-American Tricentennial (hereinafter referred to as the " Commission") to plan, encourage, develop, and coordinate the commemoration of the German-American Tricentennial. In preparing its plans and carrying out its program, the Commission shall give due consideration to any related plans and programs developed by State, local, private, and foreign groups.

(b) The Commission shall be composed of not more than 40 members, appointed by the President, ten of whom shall be appointed upon the recommendation of the Speaker of the House of Representatives, and ten of whom shall be appointed upon the recommendation of the President pro tempore of the Senate, in consultation with the majority leader and minority leader of the Senate. One member shall be the Chief Justice of the United States or his designee. The members shall be from the public and private sectors and the President shall designate a member from the private sector as Chairman. The members of the Commission shall receive no compensation for their services as such but may be allowed necessary travel expenses, as authorized by law, to carry out Commission activities.

(c) The Commission is authorized to encourage the participation of, and receive donations of money, property and personal services from, public and private organizations and individuals to assist the Commission in carrying out its responsibilities. The Director of the United States Information Agency is authorized to provide administrative services and staff support to the Commission, as necessary, for which reimbursement shall be made from funds of the Commission under section 686 of title 31, United States Code, in such amounts as may be agreed upon by the Chairman of the Commission and the Director. The heads of other Executive agencies and departments are also authorized and requested to cooperate with and assist the Commission in fulfilling its responsibilities.

(d) The Commission shall have power to appoint and fix the compensation of such personnel as it deems advisable and to appoint such advisory committees as it deems necessary. The Commission may also procure temporary and intermittent services as authorized by section 3109(b) of title 5, United States Code. The Commission shall have authority to make contracts and grants as necessary and appropriate to carry out its program.

(e) The Commission may use the United States mails in the same manner and under the same conditions as other departments and agencies of the United States.

(f) All expenditures of the Commission shall be made from donated funds.

(g) A report of the Commission's activities shall be made to Congress no later than January 31, 1984, upon which date the Commission shall terminate.

Approved January 14, 1983.

LEGISLATIVE HISTORY-- S.J. Res. 260:

CONGRESSIONAL RECORD, Vol. 128 (1982):

Oct. 1, considered and passed Senate.

Dec. 17, considered and passed House, amended.

Dec. 19, Senate concurred in House amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983):

Jan. 14, Presidential statement.

PUBLIC LAW 97-471, 96 STAT. 2601

97th CONGRESS, S. 3105 JANUARY 14, 1983
An Act To modify the judicial districts of West Virginia, 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 129 of title 28, United States Code, is amended--,

(1) in subsection (a) by--,

(A) striking out ", Wirt, and Wood"; (B) inserting " Braxton," after " Berkeley,"; (C) inserting " Pocahontas," after " Pleasants,"; (D) inserting " Webster, and" after " Upshur,"; and (E) by striking out " Parkersburg,"; and

(2) in subsection (b) by--,

(A) striking out " Braxton,", " Pocahontas," and

" Webster,";

and

(B) inserting " Wirt, Wood," after " Wayne,"; and (C) striking out "and Lewisburg." and inserting in lieu

thereof " Lewisburg, and Parkersburg.".

Sec. 2. (a) The existing district judgeship for the Southern District of West Virginia, authorized by section 2 of the Act // 28 USC 133. // entitled " An Act to provide for the appointment of additional district and circuit judges and for other purposes", approved October 20, 1978 (92 Stat. 1632; 28 U.S.C. 133 note), shall, as of the date of enactment of this Act, be authorized under section 133 of title 28 of the United States Code as a district judgeship for the Northern District of West Virginia, and the incumbent of that office shall henceforth hold office under section 133, as amended by this Act.

(b) The existing district judgeship for the Northern and Southern Districts of West Virginia shall be authorized as the district judgeship for the Southern District.

Sec. 3. The table in section 133 of title 28, United States Code, is amended by striking out the following:

" West Virginia:

" Northern................................... 1

" Southern................................... 3

" Northern and Southern.....................1", and inserting in lieu thereof the following:

" West Virginia:

" Northern................................... 2

" Southern................................... 4".

Approved January 14, 1983.

LEGISLATIVE HISTORY-S. 3105:

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 15, considered and passed Senate.

Dec. 20, considered and passed House.

PUBLIC LAW 97-470, 96 STAT. 2583

97th Congress, H.R. 7102 January 14, 1983
An Act To provide for the protection of migrant and seasonal agricultural workers and for the registration of contractors of migrant and seasonal agricultural labor and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE; TABLE OF CONTENTS

SECTION 1. This Act, "29 USC 1801 note" together with the following table of contents, may be cited as the "Migrant and Seasonal Agricultural Worker Protection Act".

TABLE OF CONTENTS

Sec. 1. Short title; table of contents.

Sec. 2. Purpose.

Sec. 3. Definitions.

Sec. 4. Application of Act

TITLE I -- FARM LABOR CONTRACTORS

Sec. 101. Certificate of registration required.

Sec. 102. Issuance of certificate of registration.

Sec. 103. Registration determinations.

Sec. 104. Transfer or assignment; expiration; renewal.

Sec. 105. Notice of address change; amendment of certificate of registration.

Sec. 106. Prohibition against employing illegal aliens.

TITLE II -- MIGRANT AGRICULTURAL WORKER PROTECTIONS

Sec. 201. Information and recordkeeping requirements.

Sec. 202. Wages, supplies, and other working arrangements.

Sec. 203. Safety and health of housing.

TITLE III -- SEASONAL AGRICULTURAL WORKER PROTECTIONS

Sec. 301. Information and recordkeeping requirements.

Sec. 302. Wages, supplies, and other working arrangements.

TITLE IV -- FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL AGRICULTURAL WORKERS

Sec. 401. Motor vehicle safety.

Sec. 402. Confirmation of registration.

Sec. 403. Information on employment conditions.

Sec. 404. Compliance with written agreements.

TITLE V -- GENERAL PROVISIONS PART A -- ENFORCEMENT PROVISIONS

Sec. 501. Criminal sanctions.

Sec. 502. Judicial enforcement.

Sec. 503. Administrative sanctions.

Sec. 504. Private right of action.

Sec. 505. Discrimination prohibited.

Sec. 506. Waiver of rights.

PART B -- ADMINISTRATIVE REGULATIONS

Sec. 511. Rules and regulations.

Sec. 512. Authority to obtain information.

Sec. 513. Agreements with Federal and State agencies.

PART C -- MISCELLANEOUS PROVISIONS

Sec. 521. State laws and regulations.

Sec. 522. Transition provision.

Sec. 523. Repealer.

Sec. 524. Effective date.

PURPOSE

SEC. 2. It is the purpose of this Act "29 USC 1801" to remove the restraints on commerce caused by activities detrimental to migrant and seasonal agricultural workers; to require farm labor contractors to register under this Act; and to assure necessary protections for migrant and seasonal agricultural workers, agricultural associations, and agricultural employers.

DEFINITIONS

SEC. 3. As used in this Act "29 USC 1802" --

(1) The term "agricultural association" means any nonprofit or cooperative association of farmers, growers, or ranchers, incorporated or qualified under applicable State law, which recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker.

(2) The term "agricultural employer" means any person who owns or operates a farm, ranch, processing establishment, cannery, gin, packing shed or nursery, or who produces or conditions seed, and who either recruits, solicits, hires, employs, furnishes, or transports any migrant or seasonal agricultural worker.

(3) The term "agricultural employment" means employment in any service or activity included within the provisions of section 3( f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)), or section 3121(g) of the Internal Revenue Code of 1954 (26 U.S.C. 3121(g)) and the handling, planting, drying, packing, packaging, processing, freezing, or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state.

(4) The term "day-haul operation" means the assembly of workers at a pick-up point waiting to be hired and employed, transportation of such workers to agricultural employment, and the return of such workers to a drop-off point on the same day.

(5) The term "employ" has the meaning given such term under section 3(g) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(g)) for the purposes of implementing the requirements of that Act.

(6) The term "farm labor contracting activity" means recruiting, soliciting, hiring, employing, furnishing, or transporting any migrant or seasonal agricultural worker.

(7) The term "farm labor contractor" means any person, other than an agricultural employer, an agricultural association, or an employee of an agricultural employer or agricultural association, who, for any money or other valuable consideration paid or promised to be paid, performs any farm labor contracting activity.

(8)(A) Except as provided in subparagraph (B), the term "migrant agricultural worker" means an individual who is employed in agricultural employment of a seasonal or other temporary nature, and who is required to be absent overnight from his permanent place of residence.

(B) The term "migrant agricultural worker" does not include --

(i) any immediate family member of an agricultural employer or a farm labor contractor; or

(ii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 101(a)(15)(H)(ii) and 214(c) of the Immigration and Nationality Act. "8 USC 1101, 1184"

(9) The term "person" means any individual, partnership, association, joint stock company, trust, cooperative, or corporation.

(10)(A) Except as provided in subparagraph (B), the term "seasonal agricultural worker" means an individual who is employed in agricultural employment of a seasonal or other temporary nature and is not required to be absent overnight from his permanent place of residence --

(i) when employed on a farm or ranch performing field work related to planting, cultivating, or harvesting operations; or

(ii) when employed in canning, packing, ginning, seed conditioning or related research, or processing operations, and transported, or caused to be transported, to or from the place of employment by means of a day-haul operation.

(B) The term "seasonal agricultural worker" does not include --

(i) any migrant agricultural worker;

(ii) any immediate family member of an agricultural employer or a farm labor contractor; or

(iii) any temporary nonimmigrant alien who is authorized to work in agricultural employment in the United States under sections 101(a)(15)(H)(ii) and 214(c) of the Immigration and Nationality Act.

(11) The term "Secretary" means the Secretary of Labor or the Secretary's authorized representative.

(12) The term "State" means any of the States of the United States, the District of Columbia, the Virgin Islands, the Commonwealth of Puerto Rico, and Guam.

APPLICABILITY OF ACT

SEC. 4. (a) The following persons are not subject to this Act: -- "29 USC 1803."

(1) FAMILY BUSINESS EXEMPTION. -- Any individual who engages in a farm labor contracting activity on behalf of a farm, processing establishment, seed conditioning establishment, cannery, gin, packing shed, or nursery, which is owned or operated exclusively by such individual or an immediate family member of such individual, if such activities are performed only for such operation and exclusively by such individual or an immediate family member, but without regard to whether such individual has incorporated or otherwise organized for business purposes.

(2) SMALL BUSINESS EXEMPTION. -- Any person, other than a farm labor contractor, for whom the man-days exemption for agricultural labor provided under section 13(a)(6)(A) of the Fair Labor Standards Act of 1938 (29 U.S.C. 213(a)(6)(A)) is applicable.

(3) OTHER EXEMPTIONS. -- (A) Any common carrier which would be a farm labor contractor solely because the carrier is engaged in the farm labor contracting activity of transporting any migrant or seasonal agricultural worker.

(B) Any labor organization, as defined in section 2(5) of the Labor Management Relations Act (29 U.S.C. 152(5)) (without regard to the exclusion of agricultural employees in that Act) or as defined under applicable State labor relations law.

(C) Any nonprofit charitable organization or public or private nonprofit educational institution.

(D) Any person who engages in any farm labor contracting activity solely within a twenty-five mile intrastate radius of such person's permanent place of residence and for not more than thirteen weeks per year.

(E) Any custom combine, hay harvesting, or sheep shearing operation.

(F) Any custom poultry harvesting, breeding, debeaking, desexing, or health service operation provided the employees of the operation are not regularly required to be away from their permanent place of residence other than during their normal working hours.

(G)(i) Any person whose principal occupation or business is not agricultural employment, when supplying full-time students or other individuals whose principal occupation is not agricultural employment to detassel, rogue, or otherwise engage in the production of seed and to engage in related and incidental agricultural employment, unless such full-time students or other individuals are required to be away from their permanent place of residence overnight or there are individuals under eighteen years of age who are providing transportation on behalf of such person.

(ii) Any person to the extent he is supplied with students or other individuals for agricultural employment in accordance with clause (i) of this subparagraph by a person who is exempt under such clause.

(H)(i) Any person whose principal occupation or business is not agricultural employment, when supplying full-time students or other individuals whose principal occupation is not agricultural employment to string or harvest shade grown tobacco and to engage in related and incidental agricultural employment, unless there are individuals under eighteen years of age who are providing transportation on behalf of such person.

(ii) Any person to the extent he is supplied with students or other individuals for agricultural employment in accordance with clause (i) of this subparagraph by a person who is exempt under such clause.

(I) Any employee of any person described in subparagraphs (A) through (H) when performing farm labor contracting activities exclusively for such person.

(b) Title I of this Act does not apply to any agricultural employer or agricultural association or to any employee of such an employer or association.

TITLE I -- FARM LABOR CONTRACTORS CERTIFICATE OF REGISTRATION REQUIRED

SEC. 101. "29 USC 1811" (a) No person shall engage in any farm labor contracting activity, unless such person has a certificate of registration from the Secretary specifying which farm labor contracting activities such person is authorized to perform.

(b) A farm labor contractor shall not hire, employ, or use any individual to perform farm labor contracting activities unless such individual has a certificate of registration, or a certificate of registration as an employee of the farm labor contractor employer, which authorizes the activity for which such individual is hired, employed, or used. The farm labor contractor shall be held responsible for violations of this Act or any regulation under this Act by any employee regardless of whether the employee possesses a certificate of registration based on the contractor's certificate of registration.

(c) Each registered farm labor contractor and registered farm labor contractor employee shall carry at all times while engaging in farm labor contracting activities a certificate of registration and, upon request, shall exhibit that certificate to all persons with whom they intend to deal as a farm labor contractor or farm labor contractor employee.

(d) The facilities and the services authorized by the Act of June 6, 1933 (29 U.S.C. 49 et seq.), known as the Wagner-Peyser Act, shall be denied to any farm labor contractor upon refusal or failure to produce, when asked, a certificate of registration.

ISSUANCE OF CERTIFICATE OF REGISTRATION

SEC. 102. "29 USC 1812." The Secretary, after appropriate investigation and approval, shall issue a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) to any person who has filed with the Secretary a written application containing the following:

(1) a declaration, subscribed and sworn to by the applicant, stating the applicant's permanent place of residence, the farm labor contracting activities for which the certificate is requested, and such other relevant information as the Secretary may require;

(2) a statement identifying each vehicle to be used to transport any migrant or seasonal agricultural worker and, if the vehicle is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with the requirements of section 401 with respect to each such vehicle;

(3) a statement identifying each facility or real property to be used to house any migrant agricultural worker and, if the facility or real property is or will be owned or controlled by the applicant, documentation showing that the applicant is in compliance with section 203 with respect to each such facility or real property;

(4) a set of fingerprints of the applicant; and

(5) a declaration, subscribed and sworn to by the applicant, consenting to the designation by a court of the Secretary as an agent available to accept service of summons in any action against the applicant, if the applicant has left the jurisdiction in which the action is commenced or otherwise has become unavailable to accept service.

REGISTRATION DETERMINATIONS

SEC. 103. "29 USC 1813" (a) In accordance with regulations, the Secretary may refuse to issue or renew, or may suspend or revoke, a certificate of registration (including a certificate of registration as an employee of a farm labor contractor) if the applicant or holder --

(1) has knowingly made any misrepresentation in the application for such certificate;

(2) is not the real party in interest in the application or certificate of registration and the real party in interest is a person who has been refused issuance or renewal of a certificate, has had a certificate suspended or revoked, or does not qualify under this section for a certificate;

(3) has failed to comply with this Act or any regulation under this Act;

(4) has failed --

(A) to pay any court judgment obtained by the Secretary or any other person under this Act or any regulation under this Act or under the Farm Labor Contractor Registration Act of 1963 or any regulation under such Act, or

(B) to comply with any final order issued by the Secretary as a result of a violation of this Act or any regulation under this Act or a violation of the Farm Labor Contractor Registration Act of 1963 or any regulation under such Act; or

(5) has been convicted within the preceding five years --

(A) of any crime under State or Federal law relating to gambling, or to the sale, distribution or possession of alcoholic beverages, in connection with or incident to any farm labor contracting activities; or

(B) of any felony under State or Federal law involving robbery, bribery, extortion, embezzlement, grand larceny, burglary, arson, violation of narcotics laws, murder, rape, assault with intent to kill, assault which inflicts grievous bodily injury, prostitution, peonage, or smuggling or harboring individuals who have entered the United States illegally.

(b)(1) The person who is refused the issuance or renewal of a certificate or whose certificate is suspended or revoked under subsection (a) shall be afforded an opportunity for agency hearing, upon request made within thirty days after the date of issuance of the notice of the refusal, suspension, or revocation. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5, United States Code. If no hearing is requested as herein provided, the refusal, suspension, or revocation shall constitute a final and unappealable order.

(2) If a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within thirty days after the decision of the administrative law judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subsection (c).

(c) Any person against whom an order has been entered after an agency hearing under this section may obtain review by the United States district court for any district in which he is located or the United States District Court for the District of Columbia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary. The Secretary shall promptly certify and file in such court the record upon which the order was based. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence as provided by section 706(2)(E) of title 5, United States Code. Any final decision, order, or judgment of such District Court concerning such review shall be subject to appeal as provided in chapter 83 of title 28, United States Code. "28 USC 1291 et seq."

TRANSFER OR ASSIGNMENT; EXPIRATION; RENEWAL

SEC. 104. "29 USC 1814" (a) A certificate of registration may not be transferred or assigned.

(b)(1) Unless earlier suspended or revoked, a certificate shall expire twelve months from the date of issuance, except that (A) certificates issued under this Act during the period beginning December 1, 1982, and ending November 30, 1983, may be issued for a period of up to twenty-four months for the purpose of an orderly transition to registration under this Act, (B) a certificate may be temporarily extended by the filing of an application with the Secretary at least thirty days prior to its expiration date, and (C) the Secretary may renew a certificate for additional twelve-month periods or for periods in excess of twelve months but not in excess of twenty-four months.

(2) Eligibility for renewals for periods of more than twelve months shall be limited to farm labor contractors who have not been cited for a violation of this Act, or any regulation under this Act, or the Farm Labor Contractor Registration Act of 1963, or any regulation under such Act, during the preceding five years.

NOTICE OF ADDRESS CHANGE; AMENDMENT OF CERTIFICATE OF

REGISTRATION

SEC. 105. "29 USC 1815" During the period for which the certificate of registration is in effect, each farm labor contractor shall --

(1) provide to the Secretary within thirty days a notice of each change of permanent place of residence; and

(2) apply to the Secretary to amend the certificate of registration whenever the farm labor contractor intends to --

(A) engage in another farm labor contracting activity,

(B) use, or cause to be used, another vehicle than that covered by the certificate to transport any migrant or seasonal agricultural worker, or

(C) use, or cause to be used, another real property or facility to house any migrant agricultural worker than that covered by the certificate.

PROHIBITION AGAINST EMPLOYING ILLEGAL ALIENS

SEC. 106. "29 USC 1816" (a) No farm labor contractor shall recruit, hire, employ, or use, with knowledge, the services of any individual who is an alien not lawfully admitted for permanent residence or who has not been authorized by the Attorney General to accept employment.

(b) A farm labor contractor shall be considered to have complied with subsection (a) if the farm labor contractor demonstrates that the farm labor contractor relied in good faith on documentation prescribed by the Secretary, and the farm labor contractor had no reason to believe the individual was an alien referred to in subsection (a).

TITLE II -- MIGRANT AGRICULTURAL WORKER PROTECTIONS INFORMATION AND RECORDKEEPING REQUIREMENTS

SEC. 201. "29 USC 1821" (a) Each farm labor contractor, agricultural employer, and agricultural association which recruits any migrant agricultural worker shall ascertain and disclose in writing to each such worker who is recruited for employment the following information at the time of the worker's recruitment:

(1) the place of employment;

(2) the wage rates to be paid;

(3) the crops and kinds of activities on which the worker may be employed;

(4) the period of employment;

(5) the transportation, housing, and any other employee benefit to be provided, if any, and any costs to be charged for each of them;

(6) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment; and

(7) the existence of any arrangements with any owner or agent of any establishment in the area of employment under which the farm labor contractor, the agricultural employer, or the agricultural association is to receive a commission or any other benefit resulting from any sales by such establishment to the workers.

(b) Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall, at the place of employment, post in a conspicuous place a poster provided by the Secretary setting forth the rights and protections afforded such workers under this Act, including the right of a migrant agricultural worker to have, upon request, a written statement provided by the farm labor contractor, agricultural employer, or agricultural association, of the information described in subsection (a). Such employer shall provide upon request, a written statement of the information described in subsection (a).

(c) Each farm labor contractor, agricultural employer, and agricultural association which provides housing for any migrant agricultural worker shall post in a conspicuous place or present to such worker a statement of the terms and conditions, if any, of occupancy of such housing.

(d) Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall --

(1) with respect to each such worker, make, keep, and preserve records for three years of the following information:

(A) the basis on which wages are paid;

(B) the number of piecework units earned, if paid on a piecework basis;

(C) the number of hours worked;

(D) the total pay period earnings;

(E) the specific sums withheld and the purpose of each sum withheld; and

(F) the net pay; and

(2) provide to each such worker for each pay period, an itemized written statement of the information required by paragraph (1) of this subsection.

(e) Each farm labor contractor shall provide to any other farm labor contractor, and to any agricultural employer and agricultural association to which such farm labor contractor has furnished migrant agricultural workers, copies of all records with respect to each such worker which such farm labor contractor is required to retain by subsection (d)(1). The recipient of such records shall keep them for a period of three years from the end of the period of employment.

(f) No farm labor contractor, agricultural employer, or agricultural association shall knowingly provide false or misleading information to any migrant agricultural worker concerning the terms, conditions, or existence of agricultural employment required to be disclosed by subsection (a), (b), (c), or (d).

(g) The information required to be disclosed by subsections (a) through (c) of this section to migrant agricultural workers shall be provided in written form. Such information shall be provided in English or, as necessary and reasonable, in Spanish or other language common to migrant agricultural workers who are not fluent or literate in English. The Department of Labor shall make forms available in English, Spanish, and other languages as necessary, which may be used in providing workers with information required under this section.

WAGES, SUPPLIES, AND OTHER WORKING ARRANGEMENTS

SEC. 202. "29 USC 1822" (a) Each farm labor contractor, agricultural employer, and agricultural association which employs any migrant agricultural worker shall pay the wages owed to such worker when due.

(b) No farm labor contractor, agricultural employer, or agricultural association shall require any migrant agricultural worker to purchase any goods or services solely from such farm labor contractor, agricultural employer, or agricultural association.

(c) No farm labor contractor, agricultural employer, or agricultural association shall, without justification, violate the terms of any working arrangement made by that contractor, employer, or association with any migrant agricultural worker.

SAFETY AND HEALTH OF HOUSING

SEC. 203. "29 USC 1823." (a) Except as provided in subsection (c), each person who owns or controls a facility or real property which is used as housing for migrant agricultural workers shall be responsible for ensuring that the facility or real property complies with substantive Federal and State safety and health standards applicable to that housing.

(b)(1) Except as provided in subsection (c) and paragraph (2) of this subsection, no facility or real property may be occupied by any migrant agricultural worker unless either a State or local health authority or other appropriate agency has certified that the facility or property meets applicable safety and health standards. No person who owns or controls any such facility or property shall permit it to be occupied by any migrant agricultural worker unless a copy of the certification of occupancy is posted at the site. The receipt and posting of a certificate of occupancy does not relieve any person of responsibilities under subsection (a). Each such person shall retain the original certification for three years and shall make it available for inspection and review in accordance with section 512.

(2) Notwithstanding paragraph (1) of this subsection, if a request for the inspection of a facility or real property is made to the appropriate State or local agency at least forty-five days prior to the date on which it is occupied by migrant agricultural workers and such agency has not conducted an inspection by such date, the facility or property may be so occupied.

(c) This section does not apply to any person who, in the ordinary course of that person's business, regularly provides housing on a commercial basis to the general public and who provides housing to migrant agricultural workers of the same character and on the same or comparable terms and conditions as is provided to the general public.

TITLE III -- SEASONAL AGRICULTURAL WORKER PROTECTIONS INFORMATION AND RECORDKEEPING REQUIREMENTS

SEC. 301. "29 USC 1831." (a)(1) Each farm labor contractor, agricultural employer, and agricultural association which recruits any seasonal agricultural worker (other than day-haul workers described in section 3(10)(A)(ii)) shall ascertain and, upon request, disclose in writing the following information when an offer of employment is made to such worker:

(A) the place of employment;

(B) the wage rates to be paid;

(C) the crops and kinds of activities on which the worker may be employed;

(D) the period of employment;

(E) the transportation and any other employee benefit to be provided, if any, and any costs to be charged for each of them;

(F) the existence of any strike or other concerted work stoppage, slowdown, or interruption of operations by employees at the place of employment; and

(G) the existence of any arrangements with any owner or agent of any establishment in the area of employment under which the farm labor contractor, the agricultural employer, or the agricultural association is to receive a commission or any other benefit resulting from any sales by such establishment to the workers.

(2) Each farm labor contractor, agricultural employer, and agricultural association which recruits seasonal agricultural workers through use of a day-haul operation described in section 3(10)(A)(ii) shall ascertain and disclose in writing to the worker at the place of recruitment the information described in paragraph (1).

(b) Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal agricultural worker shall, at the place of employment, post in a conspicuous place a poster provided by the Secretary setting forth the rights and protections afforded such workers under this Act, including the right of a seasonal agricultural worker to have, upon request, a written statement provided by the farm labor contractor, agricultural employer, or agricultural association, of the information described in subsection (a). Such employer shall provide, upon request, a written statement of the information described in subsection (a).

(c) Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal agricultural worker shall --

(1) with respect to each such worker, make, keep, and preserve records for three years of the following information:

(A) the basis on which wages are paid;

(B) the number of piecework units earned, if paid on a piecework basis;

(C) the number of hours worked;

(D) the total pay period earnings;

(E) the specific sums withheld and the purpose of each sum withheld; and

(F) the net pay; and

(2) provide to each such worker for each pay period, an itemized written statement of the information required by paragraph (1) of this subsection.

(d)(1) Each farm labor contractor shall provide to any other farm labor contractor and to any agricultural employer and agricultural association to which such farm labor contractor has furnished seasonal agricultural workers, copies of all records with respect to each such worker which such farm labor contractor is required to retain by subsection (c)(1). The recipient of these records shall keep them for a period of three years from the end of the period of employment

(e) No farm labor contractor, agricultural employer, or agricultural association shall knowingly provide false or misleading information to any seasonal agricultural worker concerning the terms, conditions, or existence of agricultural employment required to be disclosed by subsection (a), (b), or (c).

(f) The information required to be disclosed by subsections (a) and (b) of this section to seasonal agricultural workers shall be provided in written form. Such information shall be provided in English or, as necessary and reasonable, in Spanish or other language common to seasonal agricultural workers who are not fluent or literate in English. The Department of Labor shall make forms available in English, Spanish, and other languages, as necessary, which may be used in providing workers with information required under this section.

WAGES, SUPPLIES, AND OTHER WORKING ARRANGEMENTS

SEC. 302. "29 USC 1832." (a) Each farm labor contractor, agricultural employer, and agricultural association which employs any seasonal agricultural worker shall pay the wages owed to such worker when due.

(b) No farm labor contractor, agricultural employer, or agricultural association shall require any seasonal agricultural worker to purchase any goods or services solely from such farm labor contractor, agricultural employer, or agricultural association.

(c) No farm labor contractor, agricultural employer, or agricultural association shall, without justification, violate the terms of any working arrangement made by that contractor, employer, or association with any seasonal agricultural worker.

TITLE IV -- FURTHER PROTECTIONS FOR MIGRANT AND SEASONAL AGRICULTURAL WORKERS MOTOR VEHICLE SAFETY

SEC. 401. "29 USC 1841." (a)(1) Except as provided in paragraph (2), this section applies to the transportation of any migrant or seasonal agricultural worker.

(2) This section does not apply to the transportation of any migrant or seasonal agricultural worker on a tractor, combine, harvester, picker, or other similar machinery and equipment while such worker is actually engaged in the planting, cultivating, or harvesting of any agricultural commodity or the care of livestock or poultry.

(b)(1) When using, or causing to be used, any vehicle for providing transportation to which this section applies, each agricultural employer, agricultural association, and farm labor contractor shall --

(A) ensure that such vehicle conforms to the standards prescribed by the Secretary under paragraph (2) of this subsection and other applicable Federal and State safety standards,

(B) ensure that each driver has a valid and appropriate license, as provided by State law, to operate the vehicle, and

(C) have an insurance policy or a liability bond that is in effect which insures the agricultural employer, the agricultural association, or the farm labor contractor against liability for damage to persons or property arising from the ownership, operation, or the causing to be operated, of any vehicle used to transport any migrant or seasonal agricultural worker.

(2)(A) For purposes of paragraph (1)(A), the Secretary shall prescribe such regulations as may be necessary to protect the health and safety of migrant and seasonal agricultural workers.

(B) To the extent consistent with the protection of the health and safety of migrant and seasonal agricultural workers, the Secretary shall, in promulgating regulations under subparagraph (A), consider, among other factors --

(i) the type of vehicle used,

(ii) the passenger capacity of the vehicle,

(iii) the distance which such workers will be carried in the vehicle,

(iv) the type of roads and highways on which such workers will be carried in the vehicle,

(v) the extent to which a proposed standard would cause an undue burden on agricultural employers, agricultural associations, or farm labor contractors.

(C) Standards prescribed by the Secretary under subparagraph (A) shall be in addition to, and shall not supersede or modify, any standard under part II of the Interstate Commerce Act (49 U.S.C. 301 et seq.), or any successor provision of subtitle IV of title 49, United States Code, "49 USC 10101" or regulations issued thereunder, which is independently applicable to transportation to which this section applies. A violation of any such standard shall also constitute a violation under this Act.

(D) In the event that the Secretary fails for any reason to prescribe standards under subparagraph (A) by the effective date of this Act, the standards prescribed under section 204(a)(3a) of the Interstate Commerce Act (49 U.S.C. 304(a)(3a)), relating to the transportation of migrant workers, shall, for purposes of paragraph (1)(A), be deemed to be the standards prescribed by the Secretary under this paragraph, and shall, as appropriate and reasonable in the circumstances, apply (i) without regard to the mileage and boundary line limitations contained in such section, and (ii) until superseded by standards actually prescribed by the Secretary in accordance with this paragraph.

(3) The level of the insurance required by paragraph (1)(C) shall be at least the amount currently required for common carriers of passengers under part II of the Interstate Commerce Act (49 U.S.C. 301 et seq.), and any successor provision of subtitle IV of title 49, United States Code, "49 USC 10101" and regulations prescribed thereunder.

(c) If an agricultural employer, agricultural association, or farm labor contractor is the employer of any migrant or seasonal agricultural worker for purposes of a State workers' compensation law and such employer provides workers' compensation coverage for such worker in the case of bodily injury or death as provided by such State law, the following adjustments in the requirements of subsection (b)( 1)(C) relating to having an insurance policy or liability bond apply:

(1) No insurance policy or liability bond shall be required of the employer, if such workers are transported only under circumstances for which there is coverage under such State law.

(2) An insurance policy or liability bond shall be required of the employer for circumstances under which coverage for the transportation of such workers is not provided under such State law.

(d) The Secretary shall, by regulations promulgated in accordance with section 511 not later than the effective date of this Act, prescribe the standards required for the purposes of implementing this section. Any subsequent revision of such standards shall also be accomplished by regulation promulgated in accordance with such section.

CONFIRMATION OF REGISTRATION

SEC. 402. "29 USC 1842." No person shall utilize the services of any farm labor contractor to supply any migrant or seasonal agricultural worker unless the person first takes reasonable steps to determine that the farm labor contractor possesses a certificate of registration which is valid and which authorizes the activity for which the contractor is utilized. In making that determination, the person may rely upon either possession of a certificate of registration, or confirmation of such registration by the Department of Labor. The Secretary shall maintain a central public registry of all persons issued a certificate of registration.

INFORMATION ON EMPLOYMENT CONDITIONS

SEC. 403. "29 USC 1843." Each farm labor contractor, without regard to any other provisions of this Act, shall obtain at each place of employment and make available for inspection to every worker he furnishes for employment, a written statement of the conditions of such employment as described in sections 201(b) and 301(b) of this Act.

COMPLIANCE WITH WRITTEN AGREEMENTS

SEC. 404. "29 USC 1844." (a) No farm labor contractor shall violate, without justification, the terms of any written agreements made with an agricultural employer or an agricultural association pertaining to any contracting activity or worker protection under this Act.

(b) Written agreements under this section do not relieve a person of any responsibility that such person would otherwise have under this Act.

TITLE V -- GENERAL PROVISIONS PART A -- ENFORCEMENT PROVISIONS CRIMINAL SANCTIONS

SEC. 501. "29 USC 1851." (a) Any person who willfully and knowingly violates this Act or any regulation under this Act shall be fined not more than $1,000 or sentenced to prison for a term not to exceed one year, or both. Upon conviction for any subsequent violation of this Act or any regulation under this Act, the defendant shall be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both.

(b) If a farm labor contractor who commits a violation of section 106 has been refused issuance or renewal of, or has failed to obtain, a certificate of registration or is a farm labor contractor whose certificate has been suspended or revoked, the contractor shall, upon conviction, be fined not more than $10,000 or sentenced to prison for a term not to exceed three years, or both.

JUDICIAL ENFORCEMENT

SEC. 502. "29 USC 1852." (a) The Secretary may petition any appropriate district court of the United States for temporary or permanent injunctive relief if the Secretary determines that this Act, or any regulation under this Act, has been violated.

(b) Except as provided in section 518(a) of title 28, United States Code, relating to litigation before the Supreme Court, the Solicitor of Labor may appear for and represent the Secretary in any civil litigation brought under this Act, but all such litigation shall be subject to the direction and control of the Attorney General.

ADMINISTRATIVE SANCTIONS

SEC. 503. "29 USC 1853." (a)(1) Subject to paragraph (2), any person who commits a violation of this Act or any regulation under this Act, may be assessed a civil money penalty of not more than $1,000 for each violation.

(2) In determining the amount of any penalty to be assessed under paragraph (1), the Secretary shall take into account (A) the previous record of the person in terms of compliance with this Act and with comparable requirements of the Farm Labor Contractor Registration Act of 1963, and with regulations promulgated under such Acts, and (B) the gravity of the violation.

(b)(1) The person assessed shall be afforded an opportunity for agency hearing, upon request made within thirty days after the date of issuance of the notice of assessment. In such hearing, all issues shall be determined on the record pursuant to section 554 of title 5, United States Code. If no hearing is requested as herein provided, the assessment shall constitute a final and unappealable order.

(2) If a hearing is requested, the initial agency decision shall be made by an administrative law judge, and such decision shall become the final order unless the Secretary modifies or vacates the decision. Notice of intent to modify or vacate the decision of the administrative law judge shall be issued to the parties within thirty days after the decision of the administrative law judge. A final order which takes effect under this paragraph shall be subject to review only as provided under subsection (c).

(c) Any person against whom an order imposing a civil money penalty has been entered after an agency hearing under this section may obtain review by the United States district court for any district in which he is located or the United States District Court for the District of Columbia by filing a notice of appeal in such court within thirty days from the date of such order, and simultaneously sending a copy of such notice by registered mail to the Secretary. The Secretary shall promptly certify and file in such court the record upon which the penalty was imposed. The findings of the Secretary shall be set aside only if found to be unsupported by substantial evidence as provided by section 706(2)(E) of title 5, United States Code. Any final decision, order, or judgment of such District Court concerning such review shall be subject to appeal as provided in chapter 83 of title 28, United States Code. "28 USC 1291 et seq."

(d) If any person fails to pay an assessment after it has become a final and unappealable order, or after the court has entered final judgment in favor of the agency, the Secretary shall refer the matter to the Attorney General, who shall recover the amount assessed by action in the appropriate United States district court. In such action the validity and appropriateness of the final order imposing the penalty shall not be subject to review.

(e) All penalties collected under authority of this section shall be paid into the Treasury of the United States.

PRIVATE RIGHT OF ACTION

SEC. 504. (a) Any person aggrieved by a violation of this Act "29 USC 1854" or any regulation under this Act by a farm labor contractor, agricultural employer, agricultural association, or other person may file suit in any district court of the United States having jurisdiction of the parties, without respect to the amount in controversy and without regard to the citizenship of the parties and without regard to exhaustion of any alternative administrative remedies provided herein.

(b) Upon application by a complainant and in such circumstances as the court may deem just, the court may appoint an attorney for such complainant and may authorize the commencement of the action.

(c)(1) If the court finds that the respondent has intentionally violated any provision of this Act or any regulation under this Act, it may award damages up to and including an amount equal to the amount of actual damages, or statutory damages of up to $500 per plaintiff per violation, or other equitable relief, except that (A) multiple infractions of a single provision of this Act or of regulations under this Act shall constitute only one violation for purposes of determining the amount of statutory damages due a plaintiff; and (B) if such complaint is certified as a class action, the court shall award no more than the lesser of up to $500 per plaintiff per violation, or up to $500,000 or other equitable relief.

(2) In determining the amount of damages to be awarded under paragraph (1), the court is authorized to consider whether an attempt was made to resolve the issues in dispute before the resort to litigation.

(3) Any civil action brought under this section shall be subject to appeal as provided in chapter 83 of title 28, United States Code. "28 USC 1291 et seq."

DISCRIMINATION PROHIBITED

SEC. 505. "29 USC 1855." (a) No person shall intimidate, threaten, restrain, coerce, blacklist, discharge, or in any manner discriminate against any migrant or seasonal agricultural worker because such worker has, with just cause, filed any complaint or instituted, or caused to be instituted, any proceeding under or related to this Act, or has testified or is about to testify in any such proceedings, or because of the exercise, with just cause, by such worker on behalf of himself or others of any right or protection afforded by this Act.

(b) A migrant or seasonal agricultural worker who believes, with just cause, that he has been discriminated against by any person in violation of this section may, within 180 days after such violation occurs, file a complaint with the Secretary alleging such discrimination. Upon receipt of such complaint, the Secretary shall cause such investigation to be made as he deems appropriate. If upon such investigation, the Secretary determines that the provisions of this section have been violated, the Secretary shall bring an action in any appropriate United States district court against such person. In any such action the United States district courts shall have jurisdiction, for cause shown, to restrain violation of subsection (a) and order all appropriate relief, including rehiring or reinstatement of the worker, with back pay, or damages.

WAIVER OF RIGHTS

SEC. 506. "29 USC 1856." Agreements by employees purporting to waive or to modify their rights under this Act shall be void as contrary to public policy, except that a waiver or modification of rights in favor of the Secretary shall be valid for purposes of enforcement of this Act.

PART B -- ADMINISTRATIVE PROVISIONS RULES AND REGULATIONS

SEC. 511. "29 USC 1861." The Secretary may issue such rules and regulations as are necessary to carry out this Act, consistent with the requirements of chapter 5 of title 5, United States Code. "5 USC 500 et seq."

AUTHORITY TO OBTAIN INFORMATION

SEC. 512. "29 USC 1862." (a) To carry out this Act the Secretary, either pursuant to a complaint or otherwise, shall, as may be appropriate, investigate, and in connection therewith, enter and inspect such places (including housing and vehicles) and such records (and make transcriptions thereof), question such persons and gather such information to determine compliance with this Act, or regulations prescribed under this Act.

(b) The Secretary may issue subpenas requiring the attendance and testimony of witnesses or the production of any evidence in connection with such investigations. The Secretary may administer oaths, examine witnesses, and receive evidence. For the purpose of any hearing or investigation provided for in this Act, the authority contained in sections 9 and 10 of the Federal Trade Commission Act (15 U.S.C. 49, 50), relating to the attendance of witnesses and the production of books, papers, and documents, shall be available to the Secretary. The Secretary shall conduct investigations in a manner which protects the confidentiality of any complainant or other party who provides information to the Secretary in good faith.

(c) It shall be a violation of this Act for any person to unlawfully resist, oppose, impede, intimidate, or interfere with any official of the Department of Labor assigned to perform an investigation, inspection or law enforcement function pursuant to this Act during the performance of such duties.

AGREEMENTS WITH FEDERAL AND STATE AGENCIES

SEC. 513. "29 USC 1863." (a) The Secretary may enter into agreements with Federal and State agencies (1) to use their facilities and services, (2) to delegate, subject to subsection (b), to Federal and State agencies such authority, other than rulemaking, as may be useful in carrying out this Act, and (3) to allocate or transfer funds to, or otherwise pay or reimburse, such agencies for expenses incurred pursuant to agreements under clause (1) or (2) of this section.

(b) Any delegation to a State agency pursuant to subsection (a)(2) shall be made only pursuant to a written State plan which --

(1) shall include a description of the functions to be performed, the methods of performing such functions, and the resources to be devoted to the performance of such functions; and

(2) provides assurances satisfactory to the Secretary that the State agency will comply with its description under paragraph (1) and that the State agency's performance of functions so delegated will be at least comparable to the performance of such functions by the Department of Labor.

PART C -- MISCELLANEOUS PROVISIONS STATE LAWS AND REGULATIONS

Sec. 521. This Act "29 USC 1871" is intended to supplement State law, and compliance with this Act shall not excuse any person from compliance with appropriate State law and regulation.

TRANSITION PROVISION

SEC. 522. "29 USC 1872." The Secretary may deny a certificate of registration to any farm labor contractor, as defined in this Act, who has a judgment outstanding against him under the Farm Labor Contractor Registration Act of 1963 (7 U.S.C. 2041 et seq.), or is subject to a final order of the Secretary under that Act assessing a civil money penalty which has not been paid. Any findings under the Farm Labor Contractor Registration Act of 1963 may also be applicable to determinations of willful and knowing violations under this Act.

REPEALER

SEC. 523. The Farm Labor Contractor Registration Act of 1963 (7 U. S.C. 2041 et seq.), is repealed.

EFFECTIVE DATE

SEC. 524. "29 USC 1801 note." The provisions of this Act shall take effect ninety days from the date of enactment, and shall be classified to title 29, United States Code.

Approved January 14, 1983.

LEGISLATIVE HISTORY -- H.R. 7102:

HOUSE REPORT No. 97-885 (Comm. on Education and Labor).

CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 29, considered and passed House. Dec. 19, considered and passed Senate, amended. Dec. 20, House concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983): Jan. 14, Presidential statement.

PUBLIC LAW 97-469, 96 STAT. 2582

97TH CONGRESS, H.J.RES. 635 January 14, 1983
Joint Resolution Establishing the dates for submission of the Budget and

Economic Report.

Resolved by the Senate and House of Representatives of the United States or America in Congress assembled. That (a) notwithstanding the provisions of section 1105 of title 31, United States Code, the President shall transmit to the Congress not later than January 31, 1983, the budget for the fiscal year 1984, and (b) notwithstanding the provisions of section 3 of the Act of February 20, 1946, as amended (15 U.S.C. section 1022) the President shall transmit to the Congress not later than January 31, 1983, the Economic Report.

Sec. 2. That (a) notwithstanding the provisions of section 1109(a) of title 31, United States Code, the Presidnet shall submit to the Senate and the House of Representatives the estimates required to be submitted by said subsection for the fiscal year 1984 not later than the date on which the President transmits to the Congress the budget for the fiscal year 1984, and (b) notwithstanding the provisions of section 1109(b) of title 31, United States Code, the Joint Economic Committee shall submit to the Committees on the Budget of both Houses the evaluation required to be submitted by said subsection for the fiscal year 1984 not later than the date on which the report for the fiscal year 1984 pursuant to section 5(b)(3) of the Employment Act of 1946 (15 U.S.C. 1024b) is filed with the Senate and House Representatives.

Approved January 14, 1983.

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 20, considered and passed House.

Dec. 21, considered and passed Senate.

PUBLIC LAW 97-468, 96 STAT. 2543, RAIL SAFETY AND SERVICE IMPROVEMENT ACT OF 1982.

97th CONGRESS, h. r. 3420 JANUARY 14, 1983
An Act Making technical corrections to the Natural Gas

Pipeline Safety Act of 1968 and the

Hazardous Liquid Pipeline Safety Act of 1979, and

for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That titles II through VII of this Act // 45 USC 421. // may be cited as " Rail Safety and Service Improvement Act of 1982".

TITLE I-NATURAL GAS PIPELINE SAFETY

Sec. 101. Section 4(b) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1673(b)) and section 204(b) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 2003(b)) are each amended by striking "once every 6 months." and substituting "twice each calendar year.".

Sec. 102. Section 8(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1675(a)) is amended by striking "sixtieth day" and substituting "90th day".

Sec. 103. Section 206(a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. 2005(a)) is amended by striking "60th day" and substituting "90th day".

Sec. 104. Section 5(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674(a)) is amended by striking "(other than subsection (a)(3) thereof)" and substituting "(other than subsection (a)(2) thereof)".

TITLE II-BANKRUPT RAILROADS SHORT TITLE

Sec. 201 This title may be referred to as the " Bankrupt Railroad Service Preservation and Employee Protection Act of 1982". // 45 USC 901. //

Subtitle A-Service Preservation PURPOSE

Sec. 221. // 45 USC 901. // It is the purpose of this subtitle to continue the effort by Congress to assure service over the lines of rail carriers subject to liquidation in instances where rail carriers are willing to provide service over such lines and financially responsible persons are willing to purchase the lines for continued rail operations.

FINDINGS

Sec. 212. // 45 USC 901. // The Congress finds that--,

(1) it is necessary to establish procedures to facilitate and expedite the acquisition of rail lines of carriers subject to liquidation by financially responsible persons in instances where service is not being provided over the line by the carrier and where the financially responsible person seeks to provide rail service over the line;

(2) procedures set forth in the amendments made by this title represent an exercise of the powers of the Congress under the Constitution to regulate commerce among the several States which will provide a practicable means for preserving rail service, thus benefiting shippers, employees, and the economies of the States in which such carriers subject to liquidation have operated service, and for facilitating interstate commerce, while at the same time providing safeguards to protect the interest of the estates of such carriers by requiring compensation which is not less than the constitutionally required minimum; and

(3) it is in the public interest that the Interstate Commerce Commission's authority to issue orders involving temporary authority to operate service over lines of carriers subject to liquidation be clarified.

AMENDMENTS TO THE MILWAUKEE RAILROAD RESTRUCTURING

ACT

Sec. 213. Section 17(b) of the Milwaukee Railroad Restructuring Act (45 U.S.C. 915(b)) is amended--,

(1) by redesignating paragraph (3) as paragraph (4); and

(2) by inserting after paragraph (2) the following new paragraph:

"(3)(A) If a person has made or makes an offer to acquire from a carrier subject to liquidation a rail line or lines over which no service is provided by that carrier, and that offer has been or is rejected by the trustee in bankruptcy of such carrier, such person may submit an application to the Commission seeking approval of such person's acquisition of such line or lines. A copy of any such application shall be filed simultaneously with the court.

"(B) The Commission shall, within 15 days after the filing of an application under subparagraph (A) of this paragraph, determine whether the applicant--,

"(i) is a financially responsible person; and

"(ii) has made a bona fide offer to acquire the line or lines under reasonable terms.

"(C)(i) If the Commission's determination under subparagraph

(B) of this paragraph is affirmative with respect to the matters referred to in clauses (i) and (ii) of such subparagraph, the applicant and the trustee in bankruptcy (hereafter in this paragraph referred to collectively as the 'parties') shall enter into negotiations with respect to terms for the acquisition of the line or lines applied for. If the parties at any time agree on such terms, a request for approval of the acquisition shall be filed with the Commission and the court. If the parties are unable to agree to such terms within 30 days after the date of the Commission's determination under subparagraph (B) of this paragraph, either party may, within 60 days after the expiration of such 30-day period, request the Commission to prescribe terms for such acquisition, including compensation for the line or lines to be acquired. The Commission shall prescribe such terms within 60 days after any such request is made. The terms prescribed by the Commission shall be binding upon both parties, subject to court review as provided in subparagraph (D) of this paragraph, except that the applicant may withdraw its offer within 10 days after the Commission prescribes such terms.

"(ii) If more than one applicant has requested under this subparagraph that the Commission prescribe the terms of acquisition for the same or overlapping lines or portions of such lines, the Commission shall prescribe terms for such acquisition which it determines best serve the public interest.

"(D)(i) Within 15 days after the Commission prescribes terms under subparagraph (C) of this paragraph, the Commission shall transmit such terms to the court, unless the offer is withdrawn under such subparagraph. Notwithstanding any other provision of law, the court shall, within 60 days after such transmittal, approve the acquisittion under terms prescribed by the Commission if the compensation for the line or lines is not less than that required as a constitutional minimum.

"(ii) Except as provided in this subparagraph, no action shall be taken by the court which would prejudice the acquisition which is the subject of an application under this paragraph.

"(E) The Commission shall require that any person acquiring a line or lines under this paragraph use, to the maximum extent practicable, employees or former employees of the carrier subject to liquidation in the operation of service on such line or lines.

"(F) No person acquiring a line under this paragraph may transfer or discontinue service on such line prior to the expiration of 4 years after such acquisition.

"(G) The Commission shall, within 45 days after the date of enactment of the Bankrupt Railroad Service Preservation and Employee Protection Act of 1982, prescribe such regulations and procedures as are necessary to carry out the provisions of this paragraph.

"(H) As used in this paragraph, the term--,

"(i) 'carrier subject to liquidation' means a carrier

which, on the date of enactment of the Bankrupt Railroad Service Preservation and Employee Protection Act of 1982, was the subject of a proceeding pending under section 77 of the Bankruptcy Act or under subchapter IV of chapter 11 of title 11, United States Code,

// 11 USC 1161. //

and which has been ordered by the court to liquidate its properties;

"(ii) 'the court' means the court having bankruptcy jurisdiction over the carrier subject to liquidation; and

"(iii) 'financially responsible person' means a person capable of compensating the carrier subject to liquidation for the acquisition of the line or lines proposed to be acquired and able to cover expenses associated with providing service over such line or lines for a period of not less than 4 years.".

INTERSTATE COMMERCE COMMISSION AUTHORITY

Sec. 214. (a) Section 122(a) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1017(a)) is amended--,

(1) by striking "the Rock Island Railroad or the Milwaukee Railroad" and inserting in lieu thereof the following: "a carrier which, on the date of enactment of the Bankrupt Railroad Service Preservation and Employee Protection Act of 1982, was the subject of a proceeding pending under section 77 of the Bankruptcy Act or under subchapter IV of chapter 11 of title 11, United States Code";

(2) by striking the last sentence of such section; and

(3) by adding at the end thereof the following: " The Commission shall have authority to authorize continued rail service under this section over the lines of any such carrier which has been ordered by the court having jurisdiction over such a carrier to liquidate its properties until the disposition of the properties of the estate of such carrier.".

(b) Section 122(c) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1017(c)) is repealed.

Subtitle B-Employee Protection EMPLOYEE PROTECTION AGREEMENT

Sec. 231. Section 106 of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1005) is amended to read as follows:

" EMPLOYEE PROTECTION AGREEMENT

" Sec. 10. (a) The Secretary and the representatives of the various classes and crafts of employees of the Rock Island Railroad shall, not later than 90 days after the date of enactment of the Bankrupt Railroad Service Preservation and Employee Protection Act of 1982, enter into an agreement providing protection for employees of the Rock Island Railroad who are adversely affected as a result of a reduction in service by such Railroad. Such agreement may provide for the use of funds described in subsection (c) of this section for the following purposes:

"(1) Subsistence allownaces to employees.

"(2) Moving expenses for employees who must make a change in residence.

"(3) Retraining expenses for employees who are seeking employment in new areas.

"(4) Separation allowances for employees.

"(5) Health and welfare insurance premiums.

"(6) Such other purposes as may be agreed upon by the parties.

"(b) If the parties are unable to reach agreement within the time period specified in subsection (a) of this section, the Secretary shall, within 30 days after the expiration of such time period, prescribe a schedule of benefits for employee protection not inconsistent with the provisions of this Act.

"(c) Any agreement entered into under subsection (a) of this section, and any benefit schedule prescribed under subsection (b) of this section, shall not require the expenditure of funds in excess of amounts authorized to be appropriated under section 217(f)(1)(C) of the Regional Rail Reorganization Act of 1973, nor shall any individual employee receive benefits in excess of $20,000 under such agreement or benefit schedule. No benefits or assistance may be provided under any agreement entered into or benefit schedule prescribed under this section after April 1, 1984.

"(d) The Board shall, in such manner as it shall prescribe by regulation, administer the distribution of funds under any agreement entered into or benefit schedule prescribed under this section, and shall determine the amount for which each employee is eligible under such agreement or benefit schedule. Such regulation shall include procedures to resolve by final and binding arbitration any dispute over an employee's eligibility or claim.".

ELECTION

Sec. 232. Section 108 of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1007) is amended--,

(1) in subsections (a) and (d), by striking "or arrangement entered into" and inserting in lieu thereof "entered into or benefit schedule prescribed"; and

(2) in subsection (b), by striking " April 1, 1981" and inserting in lieu thereof "120 days after the effective date of any agreement entered into under section 106(a) of this title or of any benefit schedule prescribed under section 106(b) of this title, as the case may be".

NEW CAREER TRAINING ASSISTANCE

Sec. 233. Section 119(a) of the Rock Island Railroad Transition and Employee Assitance Act (45 U.S.C. 1014(a)) is amended by striking "from the Rock Island Railroad under an employee protection agreement or arrangement entered into under section 106 of this title may" and inserting in lieu thereof "under an employee protection agreement entered into or a benefit schedule prescribed under section 106 of this title may, if so provided under such agreement or benefit schedule,".

REPEALS

Sec. 234. (a) Section 110 of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1008) is repealed.

(b) The second sentence of section 14(b) of the Milwaukee Railroad Restructuring Act (45 U.S.C. 913(b)) is repealed.

DISPUTE RESOLUTION

Sec. 235. (a) Section 704(f) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797(c)) // 45 USC 797c. // is amended by striking "3-year" and inserting in lieu thereof "4-year".

(b) Section 704(g) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797(g)) // 45 USC 797c. // is amended by striking "this section or section 703 of this Act" wherever it appears and inserting in lieu thereof "this section, section 703 of this Act, section 8 of the Milwaukee Railroad Restructuring Act (45 U.S.C. 907), or section 105 of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1004)".

RAILROAD HIRING

Sec. 236. (a) Section 8 of the Milwaukee Railroad Restructuring Act (45 U.S.C. 907) is amended by striking " April 1, 1981," and inserting in lieu thereof " April 1, 1984,".

(b) Section 105(a) of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1004(a)) is amended by striking " January 1, 1981," and inserting in lieu thereof " January 1, 1984,".

TITLE III-NORTHEAST CORRIDOR AMENDMENTS

Sec. 301. Title VII of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 851 et seq.) is amended as follows:

(1) Section 703(1)(A)(ii)

// 45 USC 853. //

is amended by striking "and Albany, New York" and inserting in lieu thereof " Albany, New York, and Atlantic City, New Jersey".

(2) Section 704(a)(1)

// 45 USC 854. //

is amended to read as follows:

"(1) $2,313,000,000 to remain available until expended

(A) in order to effectuate the goals of section 703(1)(A)(i) of this title, of which not less than $27,000,000 shall be available to finance the cost of the equipment modification and replacement which States (or local or regional transportation authorities) will be required to bear as a result of the electrification conversion system of the Northeast Corridor pursuant to this title; (B) of which, if the National Railroad Passenger Corporation receives notification on or before June 1, 1983, from the State of New Jersey that such State has approved a plan, developed in consultation with the National Railroad Passenger Corporation, for the operation of rail passenger service between the main line of the Northeast Corridor and Atlantic City, New Jersey, and if such Corporation determines that such plan is feasible, $30,000,000 shall be made available by the Secretary to the National Railroad Passenger Corporation for rehabilitation and other improvements (including upgrading track and the signal system, ensuring safety at public and private highway and pedestrian crossings by improving signals or eliminating such crossings, and the improvement of operational portions of stations related to intercity rail passenger service) on the main line track between such points, consistent with the plan for operation approved by the State, in order to ensure that such track will be of sufficient quality to permit safe rail passenger service at a minimum of 79 miles per hour not later than September 30, 1985, and to promote rail passenger use of such track; and (C) of which such sums as may be required shall be available for the following projects with respect to the main line of the Northeast Corridor: development of the Union Station in Washington, District of Columbia, and New York, New York; renewal of 133 track miles of existing continuously welded rail on concrete tie track between Washington, District of Columbia, and New York, New York; installation of reverse signaling between Philadelphia, Pennsylvania, and Morrisville, Pennsylvania, on numbers 2 and 3 tracks; restoration of ditch drainage in concrete tie locatons between Washington, District of Columbia, and New York, New York; undercutting of 83 track miles between Washington, District of Columbia, and New York, New York; rehabilitation of bridges between Washington, District of Columbia, and New York, New York (including Hi line); development of a maintenance--, of-way equipment repair facility between Washington, District of Columbia, and New York, New York; roadbed stabilization at various locations between Washington, District of Columbia, and New York, New York; automation of Bush River Drawbridge at milepost 72.14; improvements to the New York Service Facility to develop rolling stock repair capability; construction of maintenance-of-way bases at Philadelphia, Pennsylvania, Sunnyside, New York, and Cedar Hill, Connecticut; installation of rail car washer facility at Philadelphia, Pennsylvania; restoration of storage tracks and buildings at the Washington Service Facility; installation of centralized traffic control from Landlith, Delaware, to Philadelphia, Pennsylvania; track improvements including high speed surfacing, ballast cleaning, and associated equipment repair and material distribution; rehabilitation of interlockings between Washington, District of Columbia, and New York, New York; painting of Connecticut River, Groton, and Pelham Bay bridges; additional catenary renewal and power supply upgrading between Washington, District of Columbia, and New York, New York; rehabilitation of structural, electrical, and mechanical systems at the 30th Street Station in Philadelphia, Pennsylvania; and installation of evacuation and fire protection facilities in tunnels at New York, New York;".

(3) Section 704(a)

// 45 USC 854. //

is amended by adding at the end thereof the following new sentences: " Funds are authorized to be appropriated under this section in excess of limitations imposed under the preceding sentence with respect to a fiscal year, or for fiscal years after the fiscal year ending September 30, 1983, to the extent that the amount appropriated under the authority of this section for any previous fiscal year is less than the limitation under such sentence with respect to such previous fiscal year. The Secretary shall expend or reserve for expenditure funds from the yearly appropriations under this section for the fiscal years ending September 30, 1983, September 30, 1984, and September 30, 1985, first (A) if the National Railroad Passenger Corporation receives the notification referred to in paragraph (1)(B) of this subsection, for the purposes under such paragraph; and (B) in the amount of $62,000,000 for track improvements with respect to the Southwest corridor project in Boston, Massachusetts, less any amounts obligated for such purpose from yearly appropriations for any fiscal year ending before October 1, 1982. The amount so expended or reserved for expenditure for the purposes of paragraph (1)(B) of this subsection for the fiscal year ending September 30, 1983 shall be $10,000,000.".

(4) Section 704(b) is amended--,

(A) by striking " Limitation.-" and inserting in lieu thereof " Limitations.-(1)"; and (B) by adding at the end thereof the following:

"(2)(A) The projects for which funds are authorized to be appropriated under subsection (a)(1)(C) of this section shall be a part of the Northeast Corridor improvement project, and the goals of this title shall not be considered to be fulfilled until such projects are completed. Such projects shall not be undertaken or viewed as a substitute for any improvements specified in the document entitled Corridor Master Plan II, NECIP Restructured Program, dated January 1982, prepared for the United States Department of Transportation, Federal Railroad Administration, Northeast Corridor Improvement Project, in cooperation with the Federal Railroad Administration and the National Railroad Passenger Corporation (Amtrak), by De Leuw, Cather/ Parsons, NECIP architec/engineer.

"(B) For purposes of implementing the improvements and rehabilitation described in subsection (a)(1)(B) of this section, the Secretary may defer projects identified in the document referred to in subparagraph (A) of this paragraph. The aggregate cost of such projects as the Secretary may so defer shall not be substantially greater than the amount the Secretary is required to expend or reserve for expenditure for purposes of subsection (a)(1)(B) of this section.".

(5) Section 705

// 45 USC 855. //

is amended--,

(A) in subsection (a), by striking "the" after

"reallocation

to" and inserting in lieu thereof "such"; and

(B) in subsection (b), by inserting " National Railroad Passenger" immediately before " Corporation". NEW SERVICE

Sec. 302. // 45 USC 854. // (a) If the National Railroad Passenger Corporation receives notification on or before June 1, 1983, from the State of New York that such State has approved a plan, developed in consultation with such Corporation, for the acquisition and rehabilitation of a line and construction necessary to facilitate improved rail passenger service between Spuyten Uyvil, New York, and the main line of the Northeast Corridor, and has approved a plan, developed in consultation with such Corporation and appropriate local governmental officials, for the rehabilitation of the Amtrak station at Syracuse, New York, such Corporation shall, by September 30, 1985, expend funds, not in excess of $30,000,000, authorized to be appropriated under section 601 of the Rail Passenger Service Act (45 U. S.C 601) for such purposes.

(b) Notwithstanding the provisions of section 403 of the Rail Passenger Service Act (45 U.S.C. 563), // 45 USC 854. // the National Railroad Passenger Corporation may operate the service described in section 704(a)(1)(B) of the Railroad Revitalization and Regulatory Reform Act of 1976.

(c) Section 601 of the Rail Passenger Service Act (45 U.S.C. 601) is amended by adding at the end thereof the following new subsection:

"(e) Funds from the yearly appropriations under this section for the fiscal years ending September 30, 1983, September 30, 1984, and September 30, 1985 shall, if the Corporation receives the notification referred to in section 302(a) of the Rail Safety and Service Improvement Act of 1982, be first expended or reserved for expenditure by the Corporation for the purposes under such section 302(a). The amount expended or reserved for expenditure for such purposes for the fiscal year ending September 30, 1983 shall be $10,000,000.".

TITLE IV-RAILROAD FINANCING EXTENSION

Sec. 401. Sections 505(e), 507(a), 507(d), and 509(a) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825 (e), 827(a), 827(d), and 829(a)) are amended by striking " September 30, 1982" wherever it appears and inserting in lieu thereof " September 30, 1985".

TRANSACTION ASSISTANCE

Sec. 402. // 45 USC 825a. // Notwithstanding any other provision of law, any financially responsible person (including any government authority), except for a class I rail carrier, shall upon application be eligible for financial assistance made available in section 505 of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S. C. 825) for the purchase, lease, or rehabilitation of rail lines of the Consolidated Rail Corporation which are to be used for common carrier rail service and with respect to which an application for a certificate of abandonment has been filed with the Interstate Commerce Commission under section 308(a) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 748(a)), or a notice of insufficient revenues has been filed with the Commission under section 308(c) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 748(c)).

AUTHORIZATION FOR RAIL FUND

Sec. 403. (a) Section 509(b) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 829(b)) is amended--,

(1) in paragraph (2), by striking " Not less than" and inserting in lieu thereof " Not more than";

(2) by striking paragraph (3);

(3) by redesignating paragraph (4) as paragraph (3);

(4) in paragraph (3), as redesignated by paragraph (3) of this section--,

(A) by striking ", (2) and (3)" and inserting in lieu

thereof

"and (2)"; and

(B) by inserting ", and not more than $55,000,000 are authorized to be appropriated for fiscal

years 1983, 1984 and

1985" immediately before the period; and

(5) by adding at the end thereof the following new paragraphs:

"(4) $40,000,000 of the funds received by the Secretary of the Treasury from amounts appropriated under subsection (a) of this section shall be reserved and made available for meritorious applications regarding that restructuring of rail freight facilities and systems specified in section 505(b)(2)(ii) of this title.

"(5) $15,000,000 of the funds appropriated under subsection (a) of this section shall be available for the purchase, or for the refinancing of the purchase, of the rail line of the Chicago, Rock Island and Pacific Railroad Company between Fort Worth and Dallas, Texas, or of interests in such rail line, by a State or one or more political subdivisions thereof. To the extent that funds are made available for such purposes through appropriations for any Administration of the Department of Transportation, other than the Federal Railroad Administration, the amount of funds authorized under this section shall be reduced accordingly.".

(b) Section 505(b)(2) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 825(b)(2)) is amended--,

(1) by inserting "(i)" immediately after "priorities"; and

(2) by inserting "(ii)" immediately after "in the private sector and".

TITLE V-MISCELLANEOUS PROVISIONS LOCAL RAIL SERVICE

Sec. 501. Section 5(h)(2)(A) of the Department of Transportation Act (49 U.S.C. 1654(h)(2)(A)) is amended to read as follows:

"(A) two-thirds of the available funds, multiplied by a fraction the numerator of which is the sum of (i) total rail mileage in the State, other than rail mileage of the Consolidated Rail Corporation, which, in accordance with section 10904(e) of title 49, United States Code, either is 'potentially subject to abandonment' or with respect to which a carrier plans to file, or has filed, an application for a certificate under subsection (a) of such section, and (ii) the total rail mileage of the Consolidated Rail Corporation in the State which such Corporation has certified to be in a situation comparable to 'potentially subject to abandonment' within the meaning of such term under such section 10904 or with respect to which the Consolidated Rail Corporation plans to file, or has filed, an application for a certificate under section 308 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 748)

// 95 Stat. 679. //

or under section 10904(a) of title 49, United States Code, and the denominator of which is the total of the rail mileage described in clauses (i) and (ii) in all the States; and".

CONTRACT RATES

Sec. 502. Section 10713(k)(1) of title 49, United States Code, is amended by striking "and paper)" and inserting in lieu thereof ", but not including wood pulp, wood chips, pulpwood or paper)".

BURNHAM CANAL

Sec. 503. // 33 USC 59t. // The portion of the Burnham Canal, in Milwaukee, Wisconsin, which is underneath and west of a point one hundred feet east of South Eleventh Street is declared to be not a navigable water of the United States within the meaning of the Constitution and laws of the United States. The right to alter, amend, or repeal this section is hereby expressly reserved.

COMMUTER TRANSITION FUNDING

Sec. 504. (a) Section 1139(b) of the Northeast Rail Service Act of 1981 // 95 Stat. 652. 45 USC 744a. // is amended--,

(1) by inserting "(1)" immediately after "(b)";

(2) by striking "in the fiscal year ending September 30,

1982,";

(3) by striking contracting with Amtrak Commuter"; and

(4) by adding at the end thereof the following new paragraph:

"(2) Any funds appropriated under the authority of this subsection shall be distributed by the Secretary to Amtrak Commuter and commuter authorities according to the statutory provisions of paragraph (1) of this subsection within 60 days after receipt of an application by Amtrak Commuter or such commuter authorities or within 60 days after the date of enactment of the Rail Safety and Service Improvement Act of 1982, whichever is later.".

(b) Section 216(g) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 726(g)) is amended--,

(1) by inserting "(1)" immediately after

" Appropriation.-"; and

(2) by adding at the end thereof the following new paragraph:

"(2) To the extent provided in appropriation Acts, any funds appropriated under the authority of paragraph (1) of this subsection prior to the date of enactment of the Rail Safety and Service Improvement Act of 1982 may be reappropriated to the Secretary, to facilitate the transfer of rail commuter services from the Corporation to other operators, for distribution under the statutory provisions of section 1139(b) of the Northeast Rail Service Act of 1981.".

(c)(1) Section 217(a) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 727(a)) is amended by striking "$262,000,000" and inserting in lieu thereof "$137,000,000".

(2) Section 217(f) of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 727(f)) // 95 Stat. 653. // is amended to read as follows:

"(f) Authorization of Appropriations.-(1) There is authorized to be appropriated not to exceed $262,000,000--,

"(A) of which not to exceed $137,000,000 shall be appropriated to the Association for purposes of purchasing securities and accounts receivable of the Corporation under this section, such sums to remain available until the Secretary transfers the Corporation under title IV of this Act;

// 45 USC 761. //

"(B) of which not to exceed $75,000,000 shall be appropriated to the Secretary, to facilitate the transfer of rail commuter services from the Corporation to other operators, for distribution under the statutory provisions of section 1139(b) of the Northeast Rail Service Act of 1981;

// 95 Stat. 652. 45 USC 744a. //

"(C) of which not to exceed $35,000,000 shall be appropriated to the Secretary to be allocated for employee protection under section 106 of the Rock Island Railroad Transition and Employee Assistance Act (45 U.S.C. 1005); and

"(D) of which not to exceed $15,000,000 shall be appropriated to the Secretary to facilitate the transfer of rail commuter services from railroads that entered reorganization after calendar year 1974 to any commuter authority that was providing commuter service, operated by a railroad that entered reorganization after calendar year 1974, as of January 1, 1979.

"(2) All sums received on account of the holding or disposition of any securities or accounts receivable referred to in paragraph (1)(A) of this subsection shall be deposited in the general fund of the Treasury.

"(3) The amount authorized to be appropriated under paragraph (1)(B) of this subsection shall be reduced, in an amount equal to any amounts reappropriated under the authority of section 216(g)(2) of this Act, upon the date of enactment of any Act // 45 USC 726. // which reappropriates such amounts.".

INTERCITY PASSENGER SERVICE EMPLOYEE PROTECTION

Sec. 505. (a) Section 1165 of the Northeast Rail Service Act of 1981 // 95 Stat. 686. 45 USC 1113. // is amended--,

(1) by inserting "(a)" immediately after " Sec. 1165."; and

(2) by adding at the end thereof the following new subsection:

"(b) Conrail employees who are deprived of employment by an assumption or discontinuance of intercity passenger service by Amtrak shall be eligible for employee protection benefits under section 701 of the Regional Rail Reorganization Act of 1973 (45 U.S.C. 797), // 95 Stat. 661. // notwithstanding any other provision of law, agreement, or arrangement, and notwithstanding the inability of such employees otherwise to meet the eligibility requirements of such section. Such protection shall be the exclusive protection applicable to Conrail employees deprived of employment or adversely affected by any such assumption or discontinuance.".

RAILROAD DEVELOPMENT CRITERIA

Sec. 506. (a) Section 10910(b)(1)(A)(ii) of title 49, United States Code, is amended by striking "has been placed" and inserting in lieu thereof "is", and by inserting "before an application to purchase such line, or any required preliminary filing with respect to such application, is filed under this section" immediately after "10903 and 10904 of this title".

(b) The amendment made by subsection (a) of this section // 49 USC 10910. // shall be effective with respect to any application or preliminary filing with respect to which the Commission has made no final decision before May 1, 1982, except that such amendment shall not affect any line which has been removed from the carrier's system diagram map before the date of enactment of this Act.

AUTHORIZATION OF APPROPRIATIONS

Sec. 507. There is authorized to be appropriated to the Secretary of Transportation $15,600,000 for the fiscal year ending September 30, 1983, for the Office of the Administrator of the Federal Railroad Administration, of which not to exceed $9,200,000 shall be used for executive direction and administration and not to exceed $6,400,000 shall be used for policy support.

NORTHEAST CORRIDOR COORDINATION

Sec. 508. Section 505 of the Rail Passenger Service Act

(45 U.S.C. 585) // 95 Stat. 650. // is amended--,

(1) by striking " Board of Directors of Amtrak Commuter" both places it appears and inserting in lieu thereof " Northeast Corridor Coordination Board"; and

(2) by adding at the end thereof the following new subsection:

"(c) The Northeast Corridor Coordination Board shall consist of (1) one member from each commuter authority, within the meaning of such term under section 1135(a)(3) of the Northeast Rail Service Act of 1981 (45 U.S.C. 1104(a)(3)), // 95 Stat. 645. // which operates or contracts for the operation of rail commuter service over the main line of the Northeast Corridor; (2) two members to be named by Amtrak; and (3) one member to be named by the Consolidated Rail Corporation.".

APPLICABILITY OF LAWS

Sec. 509. Title V of the Rail Passenger Service Act (45 U.S.C. 581 et seq.) is amended by adding at the end thereof the following new section:

" SEC. 511. // 45 USC 591. // APPLICABILITY OF LAWS.

" Any commuter authority operating commuter service under this title shall be subject to applicable laws with respect to such service, including, but not limited to, the Railway Labor Act (45 U.S.C. 151 et seq.), the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.), the Railroad Retirement Tax Act (26 U.S.C. 3201 et seq.), and the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.).".

COMMISSION PROCEEDINGS

Sec. 510. Section 1164(c) of the Northeast Rail Service Act of 1981 (45 U.S.C. 1112(c)) // 95 Stat. 685. // is amended--,

(1) in paragraph (1)--,

(A) by striking "bankruptcy, substantial sale," and

inserting

in lieu thereof "bankruptcy or substantial sale"; and

(B) by amending the last sentence to read as follows:

" The

Secretary may substitute for the evidence of such debt

contingency notes payable solely from the railroad

operating

assets then securing such debt, including reinvestments

thereof, or such other contingency notes as the

Secretary

deems appropriate and which conform to the terms set

forth in this subsection.";

(2) by amending paragraph (2) to read as follows:

"(2) If the interest of the United States is limited under paragraph (1), any new debt issued by such a railroad subsequent to the issuance of the debt described in paragraph (1) may have such higher priority in the event of bankruptcy, liquidation, or abandonment of the assets of such a railroad then the debt described in such paragraph as the Secretary and the railroad may agree."; and

(3) by adding at the end thereof the following new paragraph:

"(3) In carrying out the duties under this subsection, the Secretary may (A) enter into such agreements, (B) in accordance with any such agreements, cancel or cause to be cancelled or amend or cause to be amended any notes or securities currently held by agencies or instrumentalities of the United States, and (C) accept in exchange as substitution therefor such instruments evidencing the indebtedness owed to such agencies or instrumentalities as, in the Secretary's judgment, will effectuate the purposes of this subsection.".

FEEDER LINE TRANSFER

Sec.511. (a) Notwithstanding any other provision of law, the Secretary of Transportation shall provide Federal financial assistance, in accordance with the provisions of this section, for the acquisition and rehabilitation (including related new construction of sidings and connecting tracks) of the feeder line which the Illinois Central Gulf Railroad has abandoned extending between Milepost 72 near Herscher, Illinois and Milepost 135 near Barnes, Illinois (known as the " Bloomer Line").

(b) In carrying out this section, the Secretary shall provide assistance to a qualified applicant in an amount not to exceed 90 percent of the acquisition costs and 80 percent of the rehabilitation costs associated with the redevelopment of the feeder line. Any qualified applicant may provide the non-Federal share of the costs of such project.

(c) If an application is filed with the Secretary which is supported by a preponderance of the rail service users on the feeder line or segment of such line for which such an application is filed, the Secretary shall act expeditiously on such application. If the Secretary denies an application filed under this section, the Secretary must provide to the applicant a contemporaneous statement of reasons for the denial and a list of the specific amendments to the application which, if made, would cause the Secretary to approve such application.

(d) If the entity purchasing the line described in subsection (a) of this section petitions the Interstate Commerce Commission for joint rates applicable to traffic moving over through routes in which the purchasing carrier may practically participate, the Commission shall, within 30 days after the date such petition is filed and pursuant to section 10705(a) of title 49, United States Code, require the establishment of reasonable joint rates and divisions over such route.

(e) There is authorized to be appropriated$3,000,000 to carry out this section.

(f) As used in this section, the term "qualified applicant" means--,

(1) a State or local governmental entity;

(2) a person who is able to assure that adequate transportation will be provided over a substantial portion of the feeder line described in subsection (a) of this section for a period of not less than 3 years; or

(3) any combination of members of the classes of applicants described in paragraphs (1) and (2) of this subsection.

TITLE VI-ALASKA RAILROAD TRANSFER SHORT TITLE

Sec. 601. This title // 45 USC 1201. // may be cited as the " Alaska Railroad Transfer Act of 1982".

FINDINGS

Sec. 602. // 45 USC 1201. // The Congress finds that--,

(1) the Alaska Railroad, which was built by the Federal Government to serve the transportation and development needs of the Territory of Alaska, presently is providing freight and passenger services that primarily benefit residents and businesses in the State of Alaska;

(2) many communities and individuals in Alaska are wholly or substantially dependent on the Alaska Railroad for freight and passenger service and provision of such service is an essential governmental function;

(3) continuation of services of the Alaska Railroad and the opportunity for future expansion of those services are necessary to achieve Federal, State, and private objectives; however, continued Federal control and financial support are no longer necessary to accomplish these objectives;

(4) the transfer of the Alaska Railroad and provision for its operation by the State in the manner contemplated by this title is made pursuant to the Federal goal and ongoing program of transferring appropriate activities to the States;

(5) the State's continued operation of the Alaska Railroad following the transfer contemplated by this title, together with such expansion of the railroad as may be necessary or convenient in the future, will constitute an appropriate public use of the rail system and associated properties, will provide an essential governmental service, and will promote the general welfare of Alaska's residents and visitors; and

(6) in order to give the State government the ability to determine the Alaska Railroad's role in serving the State's transportation needs in the future, including the opportunity to extend rail service, and to provide a savings to the Federal Government, the Federal Government should offer to transfer the railroad to the State, in accordance with the provisions of this title, in the same manner in which other Federal transportation functions (including highways and airports) have been transferred since Alaska became a State in 1959.

DEFINITIONS

Sec. 603. // 45 USC 1202. // As used in this title, the term--,

(1) " Alaska Railroad" means the agency of the United States Government that is operated by the Department of Transportation as a rail carrier in Alaska under authority of the Act of March 12, 1914 (43 U.S.C. 975 et seq.) (popularly referred to as the " Alaska Railroad Act") and section 6(i) of the Department of Transportation Act (49 U.S.C. 1655(i)), or, as the context requires, the railroad operated by that agency;

(2) " Alaska Railroad Revolving Fund" means the public enterprise fund maintained by the Department of the Treasury into which revenues of the Alaska Railroad and appropriations for the Alaska Railroad are deposited, and from which funds are expended for Alaska Railroad operation, maintenance and construction work authorized by law;

(3) "claim of valid existing rights" means any claim to the rail properties of the Alaska Railroad on record in the Department of the Interior as of the day before the date of enactment of this Act;

(4) "date of transfer" means the date on which the Secretary delivers to the State the four documents referred to in section 604(b)(1) of this title;

(5) "employees" means all permanent personnel employed by the Alaska Railroad on the date of transfer, including the officers of the Alaska Railroad, unless otherwise indicated in this title;

(6) "exclusive-use easement" means an easement which affords to the easement holder the following:

(A) the exclusive right to use, possess, and enjoy the surface estate of the land subject to this easement for transportation, communication, and transmission purposes and for support functions associated with such purposes; (B) the right to use so much of the subsurface estate of the lands subject to this easement as is necessary for

the

transportation, communication, and transmission purposes

and associated support functions for which the surface

of

such lands is used;

(C) subjacent and lateral support of the lands subject to the easement; and (D) the right (in the easement holder's discretion) to

fence

all or part of the lands subject to this easement and

to affix

track, fixtures, and structures to such lands and to

exclude

other persons from all or part of such lands;

(7) " Native Corporation" has the same meaning as such term has under section 102(6) of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3102(6));

(8) "officers of the Alaska Railroad" means the employees occupying the following positions at the Alaska Railroad as of the day before the date of transfer: General Manager; Assistant General Manager; Assistant to the General Manager; Chief of Administration; and Chief Counsel;

(9) "public lands" has the same meaning as such term has under section 3(e) of the Alaska Native Claims Settlement Act (43 U.S. C. 1602(e));

(10) "rail properties of the Alaska Railroad" means all right, title, and interest of the United States to lands, buildings, facilities, machinery, equipment, supplies, records rolling stock, trade names, accounts receivable, goodwill, and other real and personal property, both tangible and intangible, in which there is an interest reserved, withdrawn, appropriated, owned, administered or otherwise held or validly claimed for the Alaska Railroad by the United States or any agency or instrumentality thereof as of the date of enactment of this Act, but excluding any such properties disposed of, and including any such properties acquired, in the ordinary course of business after that date but before the date of transfer, and also including the exclusive--, use easement within the Denali National Park and Preserve conveyed to the State pursuant to this title and also exluding the following:

(A) the unexercised reservation to the United States for future rights-of-way required in all patents for land

taken

up, entered, or located in Alaska, as provided by the

Act of

March 12, 1914 (43 U.S.C. 975 et seq.);

(B) the right of the United States to exercise the

power of

eminent domain;

(C) any moneys in the Alaska Railroad Revolving Fund which the Secretary demonstrates, in consultation with

the

State, are unobligated funds appropriated from general

tax

revenues or are needed to satisfy obligations incurred

by

the United States in connection with the operation of

the

Alaska Railroad which would have been paid from such

Fund but for this title and which are not assumed by

the

State pursuant to this title;

(D) any personal property which the Secretary

demonstrates,

in consultation with the State, prior to the date of

transfer under section 604 of this title, to be

necessary to

carry out functions of the United States after the

date of

transfer; and

(E) any lands or interest therein (except as specified in this title) within the boundaries of the Denali

National

Park and Preserve;

(11) "right-of-way" means, except as used in section 609 of this title--,

(A) an area extending not less than one hundred feet on both sides of the center line of any main line or

branch line

of the Alaska Railroad; or

(B) an area extending on both sides of the center line of any main line or branch line of the Alaska Railroad

appropriated

or retained by or for the Alaska Railroad that, as a

result of military jurisdiction over, or non-Federal

ownership

of, lands abutting the main line or branch line, is of a

width less than that described in subparagraph (A) of

this

paragraph;

(12) " Secretary" means the Secretary of Transportation;

(13) " State" means the State of Alaska or the State-owned railroad, as the context requires;

(14) " State-owned railroad" means the authority, agency, corporation or other entity which the State of Alaska designates or contracts with to own, operate or manage the rail properties of the Alaska Railroad or, as the context requires, the railroad owned, operated, or managed by such authority, agency, corporation, or other entity; and

(15) " Village Corporation" has the same meaning as such term has under section 3(j) of the Alaska Native Claims Settlement Act (43 U.S.C. 1602(j)).

TRANSFER AUTHORIZATION

Sec. 604. // 45 USC 1203. // (a) Subject to the provisions of this title, the United States, through the Secretary, shall transfer all rail properties of the Alaska Railroad to the State. Such transfer shall occur as soon as practicable after the Secretary has made the certifications required by subsection (d) of this section and shall be accomplished in the manner specified in subsection (b) of this section.

(b)(1) On the date of transfer, the Secretary shall simultaneously:

(A) deliver to the State a bill of sale conveying title to all rail properties of the Alaska Railroad except any interest in real property;

(B) deliver to the State an interim conveyance of the rail properties of the Alaska Railroad that are not conveyed pursuant to subparagraph (A) of this paragraph and are not subject to unresolved claims of valid existing rights;

(C) deliver to the State an exclusive license granting the State the right to use all rail properties of the Alaska Railroad not conveyed pursuant to subparagraphs (A) or (B) of this paragraph pending conveyances in accordance with the review and settlement or final administrative adjudication of claims of valid existing rights;

(D) convey to the State a deed granting the State (i) an exclusive-use easement for that portion of the right-of-way of the Alaska Railroad within the Denali National Park and Preserve extending not less than one hundred feet on either side of the main or branch line tracks, and eight feet on either side of the centerline of the " Y" track connecting the main line of the railroad to the power station at Mc Kinley Park Station and (ii) title to railroad-related improvements within such right-of-way.

Prior to taking the action specified in subparagraphs (A) through (D) of this paragraph, the Secretary shall consult with the Secretary of the Interior. The exclusive-use easement granted pursuant to subparagraph (D) of this paragraph and all rights afforded by such easement shall be exercised only for railroad purposes, and for such other transportation, transmission, or communication purposes for which lands subject to such easement were utilized as of the date of enactment of this Act. In the event of reversion to the United States, pursuant to section 610 of this title, of the State's interests in all or part of the lands subject to such easement, such easement shall terminate with respect to the lands subject to such reversion, and no new exclusive-use easement with respect to such reverted lands shall be granted except by Act of Congress.

(2) The Secretary shall deliver to the State an interim conveyance of rail properties of the Alaska Railroad described in paragraph (1)(C) of this subsection that become available for conveyance to the State after the date of transfer as a result of settlement, relinquishment, or final administrative adjudication pursuant to section 606 of this title. Where the rail properties to be conveyed pursuant to this paragraph are surveyed at the time they become available for conveyance to the State, the Secretary shall deliver a patent therefor in lieu of an interim conveyance.

(3) The force and effect of an interim conveyance made pursuant to paragraphs (1)(B) or (2) of this subsection shall be to convey to and vest in the State exactly the same right, title, and interest in and to the rail properties identified therein as the State would have received had it been issued a patent by the United States. The Secretary of the Interior shall survey the land conveyed by an interim conveyance to the State pursuant to paragraphs (1)(B) or (2) of this subsection and, upon completion of the survey, the Secretary shall issue a patent therefor.

(4) The license granted pursuant to paragraph (1)(C) of this subsection shall authorize the State to use, occupy, and directly receive all benefits of the rail properties described in the license for the operation of the State-owned railroad in conformity with the Memorandum of Understanding referred to in section 606(b)(3) of this title. The license shall be exclusive, subject only to valid leases, permits, and other instruments issued before the date of transfer and easements reserved pursuant to subsection (c)(2) of this section. With respect to any parcel conveyed pursuant to this title, the license shall terminate upon conveyance of such parcel.

(c)(1) Interim conveyances and patents issued to the State pursuant to subsection (b) of this section shall confirm, convey and vest in the State all reservations to the United States (whether or not expressed in a particular patent or document of title), except the unexercised reservations to the United States for future rights-of--, way made or required by the first section of the Act of March 12, 1914 (43 U.S.C. 975d). The conveyance to the State of such reservations shall not be affected by the repeal of such Act under section 615 of this title.

(2) In the license granted under subsection (b)(1)(C) of this section and in all conveyances made to the State under this title, there shall be reserved to the Secretary of the Interior, the Secretary of Defense and the Secretary of Agriculture, as appropriate, existing easements for administration (including agency transportation and utility purposes) that are identified in the report required by section 605(a) of this title. The appropriate Secretary may obtain, only after consent of the State, such future easements as are necessary for administration. Existing and future easements and use of such easements shall not interfere with operations and support functions of the State--, owned railroad.

(3) There shall be reserved to the Secretary of the Interior the right to use and occupy, without compensation, five thousand square feet of land at Talkeetna, Alaska, as described in ARR lease numbered 69 - 25 - 0003 - 5165 for National Park Service administrative activities, so long as the use or occupation does not interfere with the operation of the State-owned railroad. This reservation shall be effective on the date of transfer under this section or the expiration date of such lease, whichever is later.

(d)(1) Prior to the date of transfer, the Secretary shall certify that the State has agreed to operate the railroad as a rail carrier in intrastate and interstate commerce.

(2)(A) Prior to the date of transfer, the Secretary shall also certify that the State has agreed to assume all rights, liabilities, and obligations of the Alaska Railroad on the date of transfer, including leases, permits, licenses, contracts, agreements, claims, tariffs, accounts receivable, and accounts payable, except as otherwise provided by this title.

(B) Notwithstanding the provisions of subparagraph (A) of this paragraph, the United States shall be solely responsible for--,

(i) all claims and causes of action against the Alaska Railroad that accrue on or before the date of transfer, regardless of the date on which legal proceedings asserting such claims were or may be filed, except that the United States shall, in the case of any tort claim, only be responsible for any such claim against the United States that accrues before the date of transfer and results in an award, compromise, or settlement of more than $2,500, and the United States shall not compromise or settle any claim resulting in State liability without the consent of the State, which consent shall not be unreasonably withheld; and

(ii) all claims that resulted in a judgment or award against the Alaska Railroad before the date of transfer.

(C) For purposes of subparagraph (B) of this paragraph, the term "accrue" shall have the meaning contained in section 2401 of title 28, United States Code.

(3)(A) Prior to the date of transfer, the Secretary shall also certify that the State-owned railroad has established arrangements pursuant to section 607 of this title to protect the employment interests of employees of the Alaska Railroad during the two-year period commencing on the date of transfer. These arrangements shall include provisions--,

(i) which ensure that the State-owned railroad will adopt collective bargaining agreements in accordance with the provisions of subparagraph (B) of this paragraph;

(ii) for the retention of all employees, other than officers of the Alaska Railroad, who elect to transfer to the State-owned railroad in their same positions for the two-year period commencing on the date of transfer, except in cases of reassignment, separation for cause, resignation, retirement, or lack of work;

(iii) for the payment of compensation to transferred employees (other than employees provided for in subparagraph (E) of this paragraph), except in cases of separation for cause, resignation, retirement, or lack of work, for two years commencing on the date of transfer at or above the base salary levels in effect for such employees on the date of transfer, unless the parties otherwise agree during that two-year period;

(iv) for priority of reemployment at the State-owned railroad during the two-year period commencing on the date of transfer for transferred employees who are separated for lack of work, in accordance with subparagraph (C) of this paragraph (except for officers of the Alaska Railroad, who shall receive such priority for one year following the date of transfer);

(v) for credit during the two-year period commencing on the date of transfer for accrued annual and sick leave, seniority rights, and relocation and turnaround travel allowances which have been accrued during their period of Federal employment by transfered employees retained by the State-owned railroad (except for officers of the Alaska Railroad, who shall receive such credit for one year following the date of transfer);

(vi) for payment to transferred employees retained by the State-owned railroad during the two-year period commencing on the date of transfer, including for one year officers retained or separated under subparagraph (E) of this paragraph, of an amount equivalent to the cost-of-living allowance to which they are entitled as Federal employees on the day before the date of transfer, in accordance with the provisions of subparagraph (D) of this paragraph; and

(vii) for health and life insurance programs for transferred employees retained by the State-owned railroad during the two--, year period commencing on the date of transfer, substantially equivalent to the Federal health and life insurance programs available to employees on the day before the date of transfer (except for officers of the Alaska Railroad, who shall receive such redit for one year following the date of transfer).

(B) The State-owned railroad shall adopt all collective bargaining agreements which are in effect on the date of transfer. Such agreements shall continue in effect for the two-year period commencing on the date of transfer, unless the parties agree to the contrary before the expiration of that two-year period. Such agreements shall be renegotiated during the two-year period, unless the parties agree to the contrary. Any labor-management negotiation impasse declared before the date of transfer shall be settled in accordance with chapter 71 of title 5, United States Code. // 5 USC 7101. // Any impasse declared after the date of transfer shall be subject to applicable State law.

(C) Federal service shall be included in the computation of seniority for transferred employees with priority for reemployment, as provided in subparagraph (A)(iv) of this paragraph.

(D) Payment to transferred employees pursuant to subparagraph (A)( vi) of this paragraph shall not exceed the percentage of any transferred employee's base salary level provided by the United States as a cost-of-living allowance on the day before the date of transfer, unless the parties agree to the contrary.

(E) Prior to the date of transfer, the Secretary shall also certify that the State-owned railroad has agreed to the retention, for at least one year from the date of transfer, of the offices of the Alaska Railroad, except in cases of separation for cause, resignation, retirement, or lack of work, at or above their base salaries in effect on the date of transfer, in such positions as the State-owned railroad may determine; or to the payment of lump-sum severance pay in an amount equal to such base salary for one year to officers not retained by the State-owned railroad upon transfer or, for officers separated within one year on or after the date of transfer, of a portion of such lump-sum severance payment (diminished pro rata for employment by the State-owned railroad within one year of the date of transfer prior to separation).

(4) Prior to the date of transfer, the Secretary shall also certify that the State has agreed to allow representatives of the Secretary adequate access to employees and records of the Alaska Railroad when needed for the performance of functions related to the period of Federal ownership.

(5) Prior to the date of transfer, the Secretary shall also certify that the State has agreed to compensate the United States at the value, if any, determined pursuant to section 605(d) of this title.

TRANSITION PERIOD

Sec. 605. // 45 USC 1204. // (a) within 6 months after the date of enactment of this Act, the Secretary and the Governor of Alaska shall jointly prepare and deliver to the Congress of the United States and the legislature of the State a report that describes to the extent possible the rail properties of the Alaska Railroad, the liabilities and obligations to be assumed by the State, the sum of money, if any, in the Alaska Railroad Revolving Fund to be withheld from the State pursuant to section 603(8)(C) of this title, and any personal property to be withheld pursuant to section 603(8)(D) of this title. The report shall separately identify by the best available descriptions (1) the rail properties of the Alaska Railroad to be transferred pursuant to section 604(b)(1)(A), (B), and (D) of this title; (2) the rail properties to be subject to the license granted pursuant to section 604(b)(1)(C) of this title; and (3) the easements to be reserved pursuant to section 604(c)(2) of this title. The Secretaries of Agriculture, Defense, and the Interior and the Administrator of the General Services Administration shall provide the Secretary with all information and assistance necessary to allow the Secretary to complete the report within the time required.

(b) During the period from the date of enactment of this Act until the date of transfer, the State shall have the right to inspect, analyze, photograph, photocopy and otherwise evaluate all of the rail properties of the Alaska Railroad and all records related to the rail properties of the Alaska Railroad maintained by any agency of the United States under conditions established by the Secretary to protect the confidentiality of proprietary business data, personnel records, and other information, the public disclosure of which is prohibited by law. During that period, the Secretary and the Alaska Railroad shall not, without the consent of the State and only in conformity with applicable law and the Memorandum of Understanding referred to in section 606(b)(3) of this title--,

(1) make or incur any obligation to make any individual capital expenditure of money from the Alaska Railroad Revolving Fund in excess of $300,000;

(2) (except as required by law) sell, exchange, give, or otherwise transfer any real property included in the rail properties of the Alaska Railroad; or

(3) lease any rail property of the Alaska Railroad for a term in excess of five years.

(c) Prior to transfer of the rail properties of the Alaska Railroad to the State, the Alaska Railroad's accounting practices and systems shall be capable of reporting data to the Interstate Commerce Commission in formats required of comparable rail carriers subject to the jurisdiction of the Interstate Commerce Commission.

(d)(1) Within nine months after the date of enactment of this Act, the United States Railway Association (hereinafter in this section referred to as the " Association") shall determine the fair market value of the Alaska Railroad under the terms and conditions of this title, applying such procedures, methods and standards as are generally accepted as normal and common practice. Such determination shall include an appraisal of the real and personal property to be transferred to the State pursuant to this title. Such appraisal by the Association shall be conducted in the usual manner in accordance with generally accepted industry standards, and shall consider the current fair market value and potential future value if used in whole or in part for other purposes. The Association shall take into account all obligations imposed by this title and other applicable law upon operation and ownership of the State-owned railroad. in making such determination, the Association shall use to the maximum extent practicable all relevant data and information, including, if relevant, that contained in the report prepared pursuant to subsection (a) of this section.

(2) The determination made pursuant to paragraph (1) of this subsection shall not be construed to affect, enlarge, modify, or diminish any inventory, valuation, or classification required by the Interstate Commerce Commission pursuant to subchapter V of chapter 107 of title 49, United States Code (49 U.S.C. 10781 et seq.).

(e) Section 202(a) of the Regional Rail Reorganization Act of 1973 // 45 USC 712. // is amended--,

(1) by striking "and" at the end of paragraph (9);

(2) by striking the period at the end of paragraph (10) and inserting in lieu thereof "; and"; and

(3) by adding at the end thereof the following new paragraph:

"(11) determine the value of the Alaska Railroad, as required by section 605 of the Alaska Railroad Transfer Act of 1982.".

LANDS TO BE TRANSFERRED

Sec. 606. // 45 USC 1205. // (a) Lands among the rail properties of the Alaska Railroad shall not be--,

(1) available for selection under section 12 of the Act of January 2, 1976, as amended (43 U.S.C. 1611, note), subject to the exception contained in section 12(b)(8)(i)(D) of such Act, as amended by subsection (d)(5) of this section;

(2) available for conveyance under section 1425 of the Alaska National Interest Lands Conservation Act (Public Law 96 - 487; 94 Stat. 2515);

(3) available for conveyance to Chugach Natives, Inc., under sections 1429 or 1430 of the Alaska National Interest Lands Conservation Act (Public Law 96 - 487; 94 Stat. 2531) or under sections 12(c) or 14(h)(8) of the Alaska Native Claims Settlement Act (43 U.S.C. 1611(c) and 1613(h)(8), respectively); or

(4) available under any law or regulation for entry, location, or for exchange by the United States, or for the initiation of a claim or selection by any party other than the State or other transferee under this title, except that this paragraph shall not prevent a conveyance pursuant to section 12(b)(8)(i)(D) of the Act of January 2, 1976 (43 U.S.C. 1611, note), as amended by subsection (d)(5) of this section.

(b)(1)(A) During the ten months following the date of enactment of this Act, so far as practicable consistent with the priority of preparing the report required pursuant to section 605(a) of this title, the Secretary of the Interior, Village Corporations with claims of valid existing rights, and the State shall review and make a good faith effort to settle as many of the claims as possible. Any agreement to settle such claims shall take effect and bind the United States, the State, and the Village Corporation only as of the date of transfer of the railroad.

(B) At the conclusion of the review and settlement process provided in subparagraph (A) of this paragraph, the Secretary of the Interior shall prepare a report identifying lands to be conveyed in accordance with settlement agreements under this title or applicable law. Such settlement shall not give rise to a presumption as to whether a parcel of land subject to such agreement is or is not public land.

(2) The Secretary of the Interior shall have the continuing jurisdiction and duty to adjudicate unresolved claims of valid existing rights pursuant to applicable law and this title. The Secretary of the Interior shall complete the final administrative adjudication required under this subsection not later than three years after the date of enactment of this Act, and shall complete the survey of all lands to be conveyed under this title not later than five years after the date of enactment of this Act, and after consulting with the Governor of the State of Alaska to determine priority of survey with regard to other lands being processed for patent to the State. The Secretary of the Interior shall give priority to the adjudication of Village Corporation claims as required in this section. Upon completion of the review and settlement process required by paragraph (1)(A) of this subsection, with respect to lands not subject to an agreement under such paragraph, the Secretary of the Interior shall adjudicate which lands subject to claims of valid existing rights filed by Village Corporations, if any, are public lands and shall complete such final administrative adjudication within two years after the date of enactment of this Act.

(3) Pending settlement or final administrative adjudication of claims of valid existing rights filed by Village Corporations prior to the date of transfer or while subject to the license granted to the State pursuant to section 604(b)(1)(C) of this title, lands subject to such claims shall be managed in accordance with the Memordandum of Understanding among the Federal Railroad Administration, the State, Eklutna, Incorporated, Cook Inlet Region, Incorporated (as that term is used in section 12 of the Act of January 2, 1976 (Public Law 94 - 204; 89 Stat. 1150)), and Toghotthele Corporation, executed by authorized officers or representatives of each of these entities. Duplicate originals of the Memorandum of Understanding shall be maintained and made available for public inspection and copying in the Office of the Secretary, at Washington, District of Columbia, and in the Office of the Governor of the State of Alaska, at Juneau, Alaska.

(4) The following procedures and requirements are established to promote finality of administrative adjudication of claims of valid existing rights filed by Village Corporations, to clarify and simplify the title status of lands subject to such claims, and to avoid potential impairment of railroad operations resulting from joint or divided ownership in substantial segments of right-of-way:

(A)(i) Prior to final administrative adjudication of Village Corporation claims of valid existing rights in land subject to the license granted under section 604(b)(1)(C) of this title, the Secretary of the Interior may, notwithstanding any other provision of law, accept relinquishment of so much of such claims as involved lands within the right-of-way through execution of an agreement with the appropriate Village Corporation effective on or after the date of transfer. Upon such relinquishment, the interest of the United States in the right-of-way shall be conveyed to the State pursuant to section 604(b)(1)(B) or (2) of this title.

(ii) With respect to a claim described in clause (i) of this subparagraph that is not settled or relinquished prior to final administrative adjudication, the Congress finds that exclusive control over the right-of-way by the Alaska Railroad has been and continues to be necessary to afford sufficient protection for safe and economic operation of the railroad. Upon failure of the interested Village Corporation to relinquish so much of its claims as involve lands within the right-of-way prior to final adjudication of valid existing rights, the Secretary shall convey to the State pursuant to section 604(b)(1)(B) or (2) of this title all right, title and interest of the United States in and to the right--, of-way free and clear of such Village Corporation's claim to and interest in lands within such right-of-way.

(B) Where lands within the right-of-way, or any interest in such lands, have been conveyed from Federal ownership prior to the date of enactment of this Act, or is subject to a claim of valid existing rights by a party other than a Village Corporation, the conveyance to the State of the Federal interest in such properties pursuant to section 604(b)(1)(B) or (2) of this title shall grant not less than an exclusive-use easement in such properties. The foregoing requirements shall not be construed to permit the conveyance to the State of less than the entire Federal interest in the rail properties of the Alaska Railroad required to be conveyed by section 604(b) of this title. If an action is commenced against the State or the United States contesting the validity or existence of a reservation of right-of--, way for the use or benefit of the Alaska Railroad made prior to the date of enactment of this Act, the Secretary of the Interior, through the Attorney General, shall appear in and defend such action.

(c)(1) The final administrative adjudication pursuant to subsection (b) of this section shall be final agency action and subject to judicial review only by an action brought in the United States District Court for the District of Alaska. Review of agency action pursuant to this title shall be expedited to the same extent as the expedited review provided by section 1108 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3168).

(2) No administrative or judicial action under this title shall enjoin or otherwise delay the transfer of the Alaska Railroad pursuant to this title, or substantially impair or impede the operations of the Alaska Railroad or the State-owned railroad.

(3) Before the date of transfer, the State shall have standing to participate in any administrative determination or judicial review pursuant to this title. If transfer to the State does not occur pursuant to section 604 of this title, the State shall not thereafter have standing to participate in any such determination or review.

(d)(1) Section 12(b)(7)(i) of the Act of January 2, 1976 (Public Law 94 - 204) // 43 USC 1611. // is amended--,

(A) by striking "subsection 12(b)(6)" and inserting in lieu thereof "section 12(b)(5) and (6)";

(B) by striking "12(b)(7)(ii)" and inserting in lieu thereof "12(b)(7)(iv)";

(C) by striking "crediting" and inserting in lieu thereof

"using";

(D) by striking "this subsection 12(b)(7)(i)(b)" and inserting in lieu thereof "these subsections 12(b)(7)(i)(b) or (ii)";

(E) by striking " State" in the last sentence and inserting in lieu thereof "state"; and

(F) by striking the penultimate sentence.

(2) Section 12(b)(7) of such Act is amended--,

(A) by redesignating subsections (ii) through (iv) as subsections (iv) through (vi), respectively; and

(B) by inserting immediately after subsection (i) the following:

"(ii) Subject to the exceptions stated in section 12(b)(9), and notwithstanding the foregoing subsection 12(b)(7)(i) and any provision of any other law or any implementing regulation inconsistent with this subsection, until the obligations of the Secretary and the Administrator of General Services under section 12(b)(5) and (6) are otherwise fulfilled:

"(A) concurrently with the commencement of screening of any excess real property, wherever located, for utilization by Federal agencies, the Administrator of General Services shall notify the Region that such property may be available for conveyance to the Region upon negotiated sale. Within fiftenn days of the date of receipt of such notice, the Region may advise the Administrator that there is a tentative need for the property to fulfill the obligations established under section 12(b) (5) and (6).

// 43 USC 1611. //

If the Administrator determines the property should be disposed of by transfer to the Region, the Adminstrator or other appropriate Federal official shall promptly transfer such property;

"(B) no disposition or conveyance of property under this subsection to the Region shall be made until the Administrator, after notice to affected State and local governments, has provided to them such opportunity to obtain the property as is recognized in title 40, United States Code and the regulations thereunder for the disposition or conveyance of surplus property; and

"(C) as used in this subsection, 'real property' means any land or interests in land owned or held by the United States or any Federal agency, any improvements on such land or rights to their use or exploitation, and any personal property related to the land.

"(iii) If the Region accepts any conveyance under section 12(b)(7) (i) or (ii), it shall be in exchange for acres or acre-equivalents as provided in subparagraph I(C)(2)(e) of the document referred to in this section, except that, after the obligation of the Secretary and the Administrator under subparagraph I(C)(2)(g) of that document has been fulfilled, the acre-equivalents under subparagraph I(C)(2)(e)(iii)(A) shall be one-half the valued increment therein stated. The entitlement of the Region under section 12(b) of this Act shall be reduced by the number of acres or acre-equivalents attributed to the Region under this subsection. The Secretary and the Administrator are directed to execute an agreement with the Region which shall conform substantially to the ' Memorandum of Understanding Regarding the Implementation of Section 12(b)(7)', dated September 10, 1982, and submitted to the Senate Committee on Commerce, Science, and Transportation. The Secretary, the Administrator and the Region may thereafter otherwise agree to procedures to implement responsibilities under this section 12(b)(7), including establishment of accounting procedures and the delegation or reassignment of duties under this statute.".

(3) Section 12(b)(7)(iv) of such Act, // 43 USC 1611. // as so redesignated by paragraph (2) of this subsection, is amended--,

(A) by striking "surplus" the first place it appears therein;

(B) by inserting immediately before the period at the end of the first sentence the following: "or paying for the conveyance of property pursuant to subsections (i) or (ii)";

(C) by inserting immediately after "account shall be" the following: "the sum of (1)";

(D) by striking " I(C)(2)(e)" and inserting in lieu thereof " I(C)(2)(e)(iii)(A)";

(E) by striking "the effective date of this subsection", and inserting in lieu thereof " December 2, 1980";

(F) by striking "and shall be adjusted" and inserting in lieu thereof "and (2) one-half the acre or acre-equivalent exchange value under subparagraph I(C)(2)(e)(iii)(A) of ten townships fewer than the unfulfilled entitlement of the Region on the same date to acres or acre-equivalents under paragraph I(C) (1) of the document referred to in this section. The balance of the property account shall be adjusted in accordance with subsection 12(b)(7)(iii)"; and

(G) by striking "subsection 12(b)(6)" and inserting in lieu thereof "section 12(b)(5) and (6)".

(4) Section 12(b)(7)(v) of such Act, // 43 USC 1611. // as so redesignated by paragraph (2) of this subsection, is amended by striking "subsection (ii)" and inserting in lieu thereof "subsection (iv)".

(5) Section 12(b)(8) of such Act // 43 USC 1611. // is amended to read as follows:

"12(b)(8). Subject to the exceptions stated in section 12(b)

(9), and notwithstanding any provisions of law or implementing regulation inconsistent with this section:

"(i) The deadlines in subparagraphs I(C)(2) (a) and (g) of the document referred to in this section shall be extended until the Secretary's obligations under section 12(b) (5) and (6) are fulfilled: Provided, That:

"(A) the obligation of the Secretary under subparagraph I( C)(2)(a) of such document shall terminate on such

date,

after July 15, 1984, that the Secretary has fulfilled

his

obligation under subparagraph I(C)(2)(g) of that

document:

Provided, That the obligation of the Secretary under

subparagraph

I(C)(2)(g) of such document shall be fulfilled at

such date, after July 15, 1984, that the sum of the

acres or

acre-equivalents identified for and placed in the pool

and

the acres or acre-equivalents used by the Region in

purchasing

property under section 12(b)(7) equals or exceeds

138,240

acres or acre-equivalents;

"(B) the authority of the Secretary under subparagraphs I( C)(2)(b) and I(C)(2)(g)(ii) of such document to

contribute to

the pool created under subparagraph I(C)(2)(a) of

such document

shall terminate (a) on July 15, 1984, if, by that date,

the Secretary has fulfilled his obligation under

subparagraph

I(C)(2) (g), or (b) if not, on such date after

July 15,

1984 as such obligation is fulfilled, or (c) if such

obligation

remains unfulfilled, on July 15, 1987;

"(C) the concurrence by the State as described in

subparagraphs

I(C)(2)(a)(vi) and I(C)(2)(c) of the document

referred to

in this section shall be deemed not required after the

Secretary has fulfilled his obligation under

subparagraph

I(C)(2)(g) of that document, but in no event after

July 15,

1987. In lieu of such concurrence, after 1984 as to

military

property, and after the Secretary has fulfilled his

obligation

under subparagraph I(C)(2)(g) of that document or

July 15,

1987, whichever is earlier, as to any other property,

except

property of the Alaska Railraod which is governed by

subsection

12(b)(6)(i)(D) of this Act, the Secretary shall not

place any lands in the selection pool referred to in

subparagraphs

I(C)(2)(a) and (g) of the document referred to in this

section without the prior written concurrence of the

State.

Such concurrence shall be deemed obtained unless the

State advises the Secretary within ninety days of

receipt of

a formal notice from the Secretary that he is

considering

placing property in the selection pool, that the

considering State, or a of the

municipality of the State which includes all or part

purpose of the State or municipality; and

property in question, requires the property for a public

Railroad

"(D) notwithstanding section 606(a)(2) of the Alaska

property

Transfer Act of 1982, the Secretary may include

available for selection to the extent that he is

of the Alaska Railroad in the pool of lands to be made

do so under a provision of section 12(b) of this Act

authorized to

State consents to its inclusion, which consent is not

if the

to any limitation under subsection 12(b)(8)(i)(C)

subject

That, while the Alaska Railroad is the property of

herein: Provided, consent of

the United States, the Secretary shall obtain the

such

the Secretary of Transportation prior to including

transfer of the

property: And provided further, That, if the

to the

Alaska Railroad to the State does not occur pursuant

or any

terms of the Alaska Railroad Transfer Act of 1982

obtained unless the State advises the Secretary in

amendments thereto, the State's consent shall be deemed

within ninety days of receipt of a formal notice from

writing,

Secretary that he is considering placing such property

the

the selection pool, that the State, or a municipality

in

State which includes all or part of the property in

of the

requires the property for a public purpose of the

question,

the municipality.

State or lands

"(ii) In addition to the review required to identify public Act under section 3(e) of the Alaska Native Claims Settlement inclusion in (43 U.S.C. 1602(e)), the Secretary shall identify for 3(e) the pool all public lands (as such term is used under section 1602(e)), of the Alaska Native Claims Settlement Act (43 U.S.C. referred to in this section, and shall, in so doin, review all as described in subparagraph I(C)(2)(a)(v) of the document Region whether within or without the areas withdrawn pursuant Federal installations within the boundaries of the Cook Inlet (43 to section 11 of the Alaska Native Claims Settlement Act contained U.S.C. 1610) or by the Secretary acting under authority under such subparagraph shall be required of military in that section: Provided, That no such additional review or of such other installations as may be mutually excluded installations further, That the Secretary shall not review any property of from review by the Region and the Secretary: And provided Alaska Railroad unless such property becomes available for the

"(iii) The concurrence required of the State as to the selection pursuant to subsection 12(b)(8)(i)(D). of any property in the pool under subparagraph I(C)(2)(b) of inclusion document referred to in this section shall be deemed obtained the ninety unless the State advises the Secretary in writing, within Secretary is considering placing property in the selection pool, days of receipt of a formal notice from the Secretary that the all that the State, or a municipality of the State which includes public purpose of the State or the municipality. or part of the property in question requires the property for a document

"(iv) The deadlines in subparagraph I(C)(1)(b) of the twenty-four months beyond the dates established in the Act of referred to in this section shall be extended for an additional

"(v) On or before January 15, 1985, the Secretary shall July 17, 1980 (Public Law 96 - 311; 94 Stat. 947). to the Congress with respect to: report initiated

"(A) such studies and inquiries as shall have been Services, or have been prepared by other holding by the Secretary and the Administrator of General to determine what lands, except for lands held by the

agencies, the

Alaska Railroad or the State-owned railroad, within

be

boundaries of the Cook Inlet Region or elsewhere can

entitlement;

made available to the Region, to the extent of its

reimbursement

"(B) the feasibility and appropriate nature of in subsection 12(b)(7)(iv) of this Act; of the Region for

its unfulfilled entitlement as valued established in

section 12(b)(7) promise to meet such

"(C) the extent to which implementation of the mechanisms "(D) such other remedial legislation or administrative unfulfilled entitlement; "(E) the need to terminate any mechanism established by action as may be needed; and

completed.".

law through which the entitlement of the Region may be

// 43 USC 1611. //

(6) Section 12(b) of such Act thereof the following: is amended by adding at the end the State to the Region under section 12(b)(6), 12( b)(7) and 12(b)

"12(b)(9). No disposition or conveyance of property located within amended, shall be made if the property is subject to an express (8), as the document referred to in this section, or if such disposition or waiver of rights under the provisions of subparagraph I(C)(2)(f) of authorized agreements, of Native Corporations (as such term is used conveyance violates valid rights, including valid selections or valid Conservation in section 102(6) of the Alaska National Interest Lands disposition or conveyance under section 6 of Public Law 85 - 508, as Act (16 U.S.C. 3102(6)) or the State existing at the time of such Lands Conservation Act), sections 12(a), 12(b), 16(b) or 22(f) of amended (excepting section 906(e) of the Alaska National Interest Alaska Native Claims Settlement Act, section 12(h) of the Act of the sections 1416, January 2, 1976 (Public Law 94 - 204; 89 Stat. 1154), or 1436 1418 through 1425 (inclusive), 1427 through 1434 (inclusive), or Provided, of the Alaska National Interest Lands Conservation Act: such rights and priorities as the Region has under section 12(b) of however, That nothing within this subsection 12(b)(9) shall diminish 1151), as the Act of January 2, 1976 (Public Law 94 - 204; 89 Stat. 94 - 456; 90 Stat. 1935), section 3 of the Act of November 15, amended by section 4 of the Act of October 4, 1976 (Public Law (Public Law 95 - 178; 91 Stat. 1369), section 2 of the Act of 1977 1979 (Public Law 96 - 55; 93 Stat. 386), the Act of July 17, August 14, Law 96 - 311; 94 Stat. 947), and section 1435 of the Alaska 1980 (Public Interest Lands Conservation Act. National section,

"12(b)(10). For the purpose of its incorporation into this amended as follows: (1) by striking 'withdrawn' and inserting in lieu paragraph I(C)(1) of the document referred to in this section is (1)' thereof 'withdrawn or formerly withdrawn'; (2) by striking '17(d) the and inserting in lieu thereof '17(d)(1) and (2)'; and (3) by striking thereof last sentence of subparagraph I(C)(1)(a) and inserting in lieu any lands within the boundaries of any conservation system unit, the following: ' Cook Inlet Region, Incorporated shall not nominate forest, defense withdrawal, or any lands that were made available to national conservation area, national recreation area, national State--, the State for selection pursuant to sections 2 and 5 of the

"12(b)(11). Notwithstanding the provisions of section 906 of the Federal Agreement of September 1, 1972.'. // 43 USC 1635. // Alaska National Interest Lands Conservation Act the Alaska Statehood Act (72 Stat. 339): and section 6(i) of

"(i) The State is hereby authorized to convey to the

// 48 USC 21. //

States for reconveyance to the Region, and the Secretary is United for patent or patented to the State, if the State and the directed to accept and so reconvey, lands tentatively approved enter into an agreement that such lands shall be reconveyed to Region paragraph the Region to fulfill all or part of its entitlement under Provided, I(C)(1) of the document referred to in this section: under this provision shall be added to the State's unfulfilled That the acreage of lands conveyed to the United States Act, and the number of townships to be nominated, pooled, entitlement pursuant to section 6 of the Alaska Statehood the document referred to in this section shall be reduced struck, selected and conveyed pursuant to paragraph I(C)(1) of

"(ii) The Secretary is directed to convey to the Region accordingly. selected by the State prior to July 18, 1973 or pursuant to lands 1, sections 2 and 5 of the State-Federal Agreement of September an 1972, if the State relinquishes such selections and enters into to the Region to fulfill all or part of its entitlement under agreement with the Region that such lands shall be reconveyed and the number of townships to be nominated, pooled, struck, paragraph I(C)(1) of the document referred to in this section, document referred to in this section shall be reduced selected and conveyed pursuant to paragraph I( C)(1) of the

"(iii) The Secretary, in the Secretary's discretion, is accordingly. to enter into an agreement with the State and the Region authorized (11), to implement the authority contained in this section 12(b) State to the Region. Conveyances directly conveyed shall be which agreement may provide for conveyances directly from the Native Claims Settlement Act (43 U.S.C. 1601 et seq.).". deemed conveyances from the Secretary pursuant to the Alaska

of

(e) The State shall be liable to a party receiving a conveyance license granted pursuant to section 604(b)(1)(C) of this title land among the rail properties of the Alaska Railroad subject to the for // 45 USC 1205. // license in a manner not authorized by such license. damage resulting from use by the State of the land under such

Sec. 607.

EMPLOYEES OF THE ALASKA RAILROAD

(a)(1) Any employees who elect to transfer to the State--, // 45 USC 1206. // subject to the civil service retirement law (subchapter III of chapter owned railroad and who on the day before the date of transfer are // 5 USC 8331. // 83 of title 5, United States Code) employed by the State-owned railroad without a break in service, shall, so long as continually railroad shall have the option of providing benefits in accordance continue to be subject to such law, except that the State-owned by the State-owned railroad without a break in continuity of service with the provisions of paragraph (2) of this subsection. Employment for purposes of subchapter III of chapter 83 of title 5, United shall be considered to be employment by the United States Government agency for purposes of section 8334(a) of title 5, United States States Code. The State-owned railroad shall be the employing and shall contribute to the Civil Service Retirement and Disability Code, be determined by applying to the total basic pay (as defined in Fund a sum as provided by such section, except that such sum shall employees section 8331(3) of title 5, United States Code) paid to the retirement law, the per centum rate determined annually by the of the State-owned railroad who are covered by the civil service the total normal cost per centum rate of the civil service retirement Director of the Office of Personnel Management to be the excess of of title 5, United States Code. The State-owned railroad shall system over the employee deduction rate specified in section 8334(a) into the Federal Civil Service Retirement and Disability Fund pay portion of the cost of administration of such Fund which is that by the Director of the Office of Personnel Management to be demonstrated

(2) At any time during the two-year period commencing on the attributable to its employees. providing to transferred employees retirement benefits, reflecting date of transfer, the State-owned railroad shall have the option of under the retirement program maintained by the State for State prior Federal service, in or substantially equivalent to benefits paragraph, employees. If the State decides to provide benefits under this except those employees who will meet the age and service the State shall provide such benefits to all transferred employees, title 5, United States Code, within five years after the date of requirements for retirement under section 8336( a), (b), (c) or (f) of retirement transfer and who elect to remain participants in the Federal

(3) If the State provides benefits under paragraph (2) of this program.

(A) the provisions of paragraph (1) of this subsection

subsection--,

payments into the Civil Service Retirement and Disability regarding program shall have no further force and effect (other than for Fund for those employees who are transferred to the State retirement under section 8336(a), (b), (c) or (f) of title 5, employees who will meet the age and service requirements for States Code, within five years after the date of transfer and United elect to remain participants in the Federal retirement program); who

(B) all of the accrued employee and employer contributions and behalf of the transferred employees during their prior Federal and accrued interest on such contributions made by and on age and service requirements for retirement under section service (other than amounts for employees who will meet the within five 8336(a), (b), (c) or (f) of title 5, United States Code, participants years after the date of transfer and who elect to remain from the Federal Civil Service Retirement and Disability in the Federal retirement program) shall be withdrawn and shall be paid into the retirement fund utilized by the Fund owned railroad for the transferred employees, in accordance State--, such payment, credit for prior Federal service under the with the provisions of paragraph (2) of this subsection. Upon civil service retirement system shall be forever barred, Federal United notwithstanding the provisions of section 8334 of title 5,

(b) Employees of the Alaska Railroad who do not transfer to the

States Code.

benefits available to them under Federal law for discontinued State-owned railroad shall be entitled to all of the rights and

(c) Transferred employees whose employment with the State--, employees. on the date of transfer shall be entitled to all of the rights and owned railroad is terminated during the two-year period commencing had under Federal law if their termination had occured immediately benefits of discontinued employees that such employees would have paid to officers of the Alaska Railroad shall be limited to that before the date of the transfer, except that financial compensation Such employees shall also be entitled to seniority and other benefits compensation provided pursuant to section 604(d)(3)(E) of this title. owned railroad on the same basis as if such employment had been accrued under Federal law while they were employed by the State--,

(d) Any employee who transfers to the State-owned railroad under Federal service. annual leave under section 5551 of title 5, United States Code, but this title shall not be entitled to lump-sum payment for unused at the time of transfer. shall be credited by the State with the unused annual leave balance

Sec. 608.

STATE OPERATION

(a)(1) After the date of transfer to the State pursuant to // 45 USC 1207. // carrier engaged in interstate and foreign commerce subject to the section 604 of this title, the State-owned railroad shall be a rail 105 of subtitle IV of title 49, United States Code, and all other jurisdiction of the Interstate Commerce Commission under chapter applicable to rail carriers subject to that chapter, including the Acts instrumentality of the State of Alaska, the Railroad Retirement antitrust laws of the United States, except, so long as it is an of 1974 (45 U.S.C. 231 et seq.), the Railroad Retirement Tax Act Act U.S. C. 3201 et seq.), the Railway Labor Act (45 U.S.C. 151 et (26 the Act of April 22, 1908 (45 U.S.C. 51 et seq.) (popularly seq.), as the " Federal Employers' Liability Act"), and the Railroad referred to Insurance Act (45 U.S.C. 351 et seq.). Nothing in this title Unemployment from the antitrust laws as may otherwise be available. shall preclude the State from explicitly invoking by law any exemption title

(2) The transfer to the State authorized by section 604 of this Commission and the conferral of jurisdiction to the Interstate Commerce confer upon the State-owned railroad all business opportunities pursuant to paragraph (1) of this subsection are intended to meeting the requirements of section 10713 of title 49, United available to comparable railroads, including contract rate agreements by connecting water carriers. States Code, notwithstanding any participation in such agreements railroad safety regulations contained in 49 CFR Parts 209 - 236, and

(3) All memoranda which sanction noncompliance with Federal according to their terms as "waivers of compliance" (as that term is which are in effect on the date of transfer, shall continue in effect 1970 (45 used in section 202(c) of the Federal Railroad Safety Act of

(4) The operation of trains by the State-owned railroad shall not U. S.C. 431(c))). specifies the minimum number of crew members which must be be subject to the requirement of any State or local law which

(5) Revenues generated by the State-owned railroad shall be employed in connection with the operation of such trains. related purposes. retained and managed by the State-owned railroad for railroad and Alaska

(6)(A) After the date of transfer, continued operation of the State shall be deemed to be an exercise of an essential governmental Railroad by a public corporation, authority or other agency of the to accrue to the State for the purposes of section 115(a)(1) of the function, and revenue derived from such operation shall be deemed issued by such entity shall also be deemed obligations of the State Internal Revenue Code of 1954 (26 U.S.C. 115(a)(1)). Obligations of for the purposes of section 103(a)(1) of the Internal Revenue Code section 103(b)(2) of the Internal Revenue Code of 1954 (26 1954 (26 U.S.C. 103(a)(1)), but not obligations within the meaning of 103(b)(2)). U.S.C. customary tax treatment of private investment in the equipment or

(B) Nothing in this title shall be deemed or construed to affect

(b) As soon as practicable after the date of enactment of this other assets that are used or owned by the State-owned railroad. the Interstate Commerce Commission shall promulgate an expedited, Act, certificate of public convenience and necessity to the State-owned modified procedure for providing on the date of transfer a owned or used by the State-owned railroad pursuant to subchapter railroad. No inventory, valuation, or classification of property 10781 et V of chapter 107 of title 49, United States Code (49 U.S.C. transfer. The provisions of the National Environmental Policy Act seq.) shall be required during the two-year period after the date of Policy and Conservation Act (42 U.S.C. 6362(b)) shall not apply to of 1969 (42 U. S.C. 4321 et seq.) and section 382(b) of the Energy

(c) The State-owned railroad shall be eligible to participate in actions of the Commission under this subsection. Federal railroad assistance programs on a basis equal to that of all Commerce other rail carriers subject to the jurisdiction of the Interstate United States Code. Commission under chapter 105 of subtitle IV of title 49, section 604

(d) After the date of transfer to the State pursuant to of the Chugach National Forest and the exclusive-use easement of this title, the portion of the rail properties within the boundaries shall be subject to laws and regulations for the protection of forest within the boundaries of the Denali National Park and Preserve within Denali National Park and Preserve shall be subject to the and park values. The right to fence the exclusive-use easement Interior, or the Secretary of Agriculture where appropriate, shall concurrence of the Secretary of the Interior. The Secretary of the Governor of the State of Alaska or in such a manner as to not act pursuant to this subsection without consulting with the interfere with continued or expanded operations and support unreasonably

FUTURE RIGHTS-OF-WAY

functions authorized under this title. // 45 USC 1208. //

Sec. 609. State-owned railroad may request the Secretary of the Interior or (a) After the date of enactment of this Act, the State or expeditiously the Secretary of Agriculture, as appropriate under law, to Alaska Railroad or State-owned railroad may have access across approve an application for a right-of-way in order that the State-owned railroad may also apply for a lease, permit, or conveyance Federal lands for transportation and related purposes. The State or and material sites in the vicinity of the right-of-way for which an of any necessary or convenient terminal and station grounds

(b) Before approving a right-of-way application described in application has been submitted. (a) of this section, the Secretary of the Interior or the subsection Secretary. Approval of an application for a right-of-way, permit, Secretary of Agriculture, as appropriate, shall consult with the be pursuant to applicable law. Rights-of-way, grounds, and sites lease, or conveyance described in subsection (a) of this section shall conform, to the extent possible, to the standards provided in the Act granted pursuant to this section and other applicable law shall title. Such conformance shall not be affected by the repeal of such of March 12, 1914 (43 U.S.C. 975 et seq.) and section 603(6) of this

(c) Reversion to the United States of any portion of any Act under section 615 of this title. way or exclusive-use easement granted to the State or State-owned right-of--, For railroad shall occur only as provided in section 610 of this title. right--, purposes of such section, the date of the approval of any such

REVERSION

of-way shall be deemed the "date of transfer". // 45 USC 1209. //

Sec. 610. State authorized by section 604 of this title, the Secretary finds (a) If, within ten years after the date of transfer to the all or part of the real property transferred to the State under this that boundaries of the Denali National Park and Preserve, is converted title, except that portion of real property which lies within the continuing to operate, that real property (including permanent to a use that would prevent the State-owned railroad from Government, or (at the option of the State) the State shall pay to improvements to the property) shall revert to the United States United States Government an amount determined to be the fair the continued operation of the railroad. market value of that property at the time its conversion prevents title, the State discontinues use of any land within the right-of-way,

(b) If, after the date of transfer pursuant to section 604 of this The State shall be considered to have discontinued use within the the State's interest in such land shall revert to the United States.

(1) the Governor of the State of Alaska delivers to the

meaning of this subsection and subsection (d) of this section when:

of the Interior a notice of such discontinuance, including a Secretary quitclaim deed thereto; or legal description of the property subject to the notice, and a period of eighteen years for transportation, communication, or

(2) the State has made no use of the land for a continuous promptly be published in the Federal Register by the transmission purposes. Notice of such discontinuance shall the Secretary of the Interior, or the Secretary of Secretary, and reversion shall be effected one year after such notice, Agriculture, within such one-year period the State brings an appropriate unless of action in the United States District Court for the District eighteen-year lapse. Any such action shall have the effect of Alaska to establish that the use has been continuing without an final judgment in that action or termination of the right to seek staying reversion until exhaustion of appellate review from the

(c) Upon such reversion pursuant to subsection (b) of this

such review, whichever first occurs.

the Secretary of the Interior shall immediately convey by patent to section, States. Where land abutting the reverted right-of-way is owned by abutting landowners all right, title and interest of the United subsection shall extend the property of each abutting owner to the different persons or entities, the conveyance made pursuant to this

(d) If use is discontinued (as that term is used in subsection centerline of the right-of-way. this section) of all or part of those properties of the Alaska

(b) of transferred to the State pursuant to this title which lie within the Railroad National Forest, such properties or part thereof (including boundaries of the Denali National Park and Preserve or the Chugach States and shall not be subject to subsection (c) of this section. permanent improvements to the property) shall revert to the United such reversion, jurisdiction over that property shall be transferred Upon Agriculture, as to the Secretary of the Interior or the Secretary of and Preserve or the Chugach National Forest. appropriate, for administration as part of the Denali National Park section,

(e) Except as provided in subsections (a) through (d) of this to section 604 of this title, the State sells or transfers all or if, within five years after the date of transfer to the State pursuant all of the State-owned railroad to an entity other than an substantially that exceed the cost of any rehabilitation and improvement made by instrumentality of the State, the proceeds from the sale or transfer incurred by the State for the State-owned railroad shall be paid into the State for the State-owned railroad and any net liabilities

(f) The Attorney General, upon the request of the Secretary, the general fund of the Treasury of the United States. Secretary of the Interior, or the Secretary of Agriculture, shall the United States District Court for the District of Alaska. institute appropriate proceedings to enforce this section in the

Sec. 611.

OTHER DISPOSITION

If the Secretary has not certified that the State has // 45 USC 1210. // date of delivery of the report referred to in section 605(a) of this satisfied the conditions under section 604 within one year after the Railroad. Any disposal under this section shall give preference to a title, the Secretary may dispose of the rail properties of the Alaska that--, buyer or transferee who will continue to operate rail service, except

the Cook Inlet Region, Incorporated (as that term is used in

(1) such preference shall not diminish or modify the rights of - 204; 89 section 12 of the Act of January 2, 1976 (Public Law 94 606(d) of this title; and Stat. 1150)), pursuant to such section, as amended by section the powers of consent of the Secretary or the State under

(2) this section shall not be construed to diminish or modify this title. section 12(b)(8) of such Act, as amended by section 606(d)(5) of

rights. Any disposal under this section shall be subject to valid existing

Sec. 612.

DENALI NATIONAL PARK AND PRESERVE LANDS

On the date of transfer to the State (pursuant to section // 45 USC 1211. // this 604 of this title) or other disposition (pursuant to section 611 of the Denali National Park and Preserve shall, subject to the title), that portion of rail properties of the Alaska Railroad within use easement granted pursuant to section 604(b)(1)(D) of this exclusive--, administration title, be transferred to the Secretary of the Interior for transferee under section 611 of this title shall receive the same as part of the Denali National Park and Preserve, except that a

APPLICABILITY OF OTHER LAWS

interest as the State under section 604(b)(1)(D) of this title. // 45 USC 1212. //

Sec. 613. Code (a) The provisions of chapter 5 of title 5, United States (popularly known as the Administrative Procedure Act, and // 5 USC 500. // Sunshine Act), the Federal Advisory Committee Act (5 including provisions popularly known as the Government in the et seq.), the National Historic Preservation Act (16 U.S.C. 470 et U.S.C. App. 1 U.S.C. seq.), section 4(f) of the Department of Transportation Act (49 U.S.C. 4321 et seq.) shall not apply to actions taken pursuant to this 1653(f)), and the National Environmental Policy Act of 1969 (42 granting of rights-of-way under section 609 of this title. title, except to the extent that such laws may be applicable to transition

(b) The enactment of this title, actions taken during the rail period as provided in section 605 of this title, and transfer of the be deemed not to be the disposal of Federal surplus property under properties of the Alaska Railroad under authority of this title shall (40 the Federal Property and Administrative Services Act of 1949 the U. S.C. 484) or the Act of October 3, 1944, popularly referred to as events " Surplus Property Act of 1944" (50 U.S.C. App. 1622). Such or reservation of land for the use of the Alaska Railroad under the shall not constitute or cause the revocation of any prior withdrawal Statehood Act of March 12, 1914 (43 U.S.C. 975 et seq.), the Alaska Settlement Act (note preceding 48 U.S.C. 21), the Alaska Native Claims Law 94 - 204; 89 Stat. 1145), the Alaska National Interest Lands Act (43 U.S.C. 1601 et seq.), the Act of January 2, 1976 (Public general Conservation Act (Public Law 96 - 487; 94 Stat. 2371), and the

(c) Beginning on the date of enactment of this Act, the ceiling land and land management laws of the United States. Government contributions for Federal employees health benefits on Code, shall not apply to the Alaska Railroad. insurance premiums under section 8906(b)(2) of title 5, United States acreage entitlement of the State of any Native Corporation pursuant

(d) Nothing in this title is intended to enlarge or diminish the

(e) With respect to interests of Native Corporations under the to existing law. the Alaska Native Claims Settlement Act (43 U.S.C. 1601 et seq.) and 3101 et Alaska National Interest Lands Conservation Act (16 U.S.C. title seq.), except as provided in this title, nothing contained in this affect any judgment heretofore entered in a court of competent shall be construed to deny, enlarge, grant, impair, or otherwise

CONFLICT WITH OTHER LAWS

jurisdiction, or valid existing right or claim of valid existing right. // 45 USC 1213. //

Sec. 614. conflict between this title and any other law. The provisions of this title shall govern if there is any

Sec. 615. (a) On the date of transfer to the State (pursuant to

REPEAL AND AMENDMENT OF EXISTING STATUTES

section 611 section 604 of this title) or other disposition (pursuant to repealed: of this title), whichever first occurs, the following provisions are // 16 USC 353a. //

(1) The Act of March 12, 1914 (43 U.S.C. 975 et seq.).

// 48 USC 301a. //

(2) The Act of June 24, 1946, by the Alaska Railroad (60 Stat. 304). to authorize certain expenditures adjacent

(3) The Act of July 19, 1932, concerning mining of coal

(4) Section 6(i) of the Department of Transportation Act to the Alaska Railroad (30 U.S.C. 208a). U.S.C. 1655(i)). (49

604 of

(b) On the date of transfer to the State (pursuant to section title), this title) or other disposition (pursuant to section 611 of this follows: whichever first occurs, the following provisions are amended as

(A) in section 305(a), by striking paragraph (3), and by

(1) Title 5, United States Code, is amended--,

(3)-(7),

redesignating paragraphs (4)-(8) as paragraphs

(B) in section 3401(1), by striking clause (iii), and by respectively;

(iii)-(vii), respectively;

redesignating clauses (iv)-(viii) as clauses

by

(C) in section 5102(a)(1), by striking clause (iii), and respectively; redesignating clauses (iv)-(ix) as clauses

(iii)-(viii),

(C), and (D) in section 5342(a)(1), by striking subparagraph

subparagraphs

by redesignating subparagraphs (D)-(J) as

(E) in section 7327, by striking subsection (a), and by (C)-(I), respectively; and

(2) Section 102(7) of the Railroad Revitalization and

striking the subsection designation "(b)".

Reform Act of 1976 (45 U.S.C. 802(7)) is amended by striking Regulatory

(3) Section 10749(b) of title 49, United States Code, is "and the Alaska Railroad".

(A) by inserting "or" at the end of paragraph (1)(B);

amended--,

inserting in lieu thereof a period; and

(B) by striking "; or" at the end of paragraph (2) and

(4) Section 324(a)(1) of the Public Health Service Act

(C) by striking paragraph (3).

U.S.C. 251(a)(1)) is amended by striking "employees of the (42

(5) Section 202(3)(a) of the Alaska National Interest Alaska Railroad and". Conservation Act (16 U.S.C. 410hh-1(3)(a)) is amended by Lands the third sentence. striking

1974 (45

(6) Section 1(o) of the Railroad Retirement Act of " National Transportation Safety Board," the following: "the U.S.C. 231(o)) is amended by inserting immediately after Transfer State-owned railroad (as defined in the Alaska Railroad of Alaska,". Act of 1982), so long as it is an instrumentality of the State

Sec. 616.

SEPARABILITY

If any provision of this title or the application thereof to // 45 USC 1214. // title and the application of such provision to other persons or any person or circumstance is held invalid, the remainder of this

TITLE VII-RAIL SAFETY

circumstances shall not be affected thereby.

Sec. 701. This title

SHORT TITLE

may be referred to as the " Federal Railroad // 45 USC 421. //

REGULATORY AUTHORITY

Safety Authorization Act of 1982". Safety Act of

Sec. 702. (a) Section 202(h)(1) of the Federal Railroad

"(h)(1)(A) The Secretary shall, within one year after the date 1970 (45 U.S.C. 431(h)(1)) is amended to read as follows: enactment of the Federal Railroad Safety Authorization Act of of issue such initial rules, regulations, orders, and standards as may be 1982, of railroad passenger equipment maximize safety to rail passengers. necessary to insure that the construction, maintenance, and operation consider comparable Federal regulations and procedures which The Secretary shall, as part of any such rulemaking, and enforced by the Federal Aviation Administration. The apply to other modes of transportation, especially those administered and intercity passenger service. The Secretary shall periodically Secretary shall also consider relevant differences between commuter shall, after a hearing in accordance with subsection (b) of this review any such rules, regulations, orders, and standards and and standards as may be necessary. section, make such revisions in any such rules, regulations, orders, one year after the date of enactment of the Federal Railroad Safety

"(B) The Secretary shall submit to the Congress a report within and standards issued under subparagraph (A) of this paragraph Authorization Act of 1982 with respect to rules, regulations, orders, or to be issued under this subsection, explains the reasons for their which describes any rules, regulations, orders, and standards issued procedures which apply to other modes of transportation, especially issuance, and compares them to comparable Federal regulations and Administration.". those administered and enforced by the Federal Aviation

1983,

(b) The Secretary of Transportation shall, before March 1, railroad personnel in evacuation procedures and the use of emergency conduct a study of the training of onboard operating and service study, Federal regulations and procedures applicable to other modes equipment. The Secretary shall consider, as part of such study to the Committee on Commerce, Science and Transportation of transportation. The Secretary shall submit the results of such House of Representatives. of the Senate, and the Committee on Energy and Commerce of the

(45

(c) Section 202 of the Federal Railroad Safety Act of 1970 amended by adding at the end thereof the following new U.S.C. 431), as amended by subsection (a) of this section, is further

"(i) The Secretary shall, within one year after the date of subsections: of the Federal Railroad Safety Authorization Act of 1982, issue enactment principles to track used for commuter or other short-haul rail rules, regulations, orders, and standards to apply appropriate safety

"(j) The Secretary shall, within 60 days after the date of passenger service in a metropolitan or suburban area. of the Federal Railroad Safety Authorization Act of 1982, enactment and standards to require that the leading car of any railroad train in report to the Congress on whether to issue rules, regulations, orders, mounted oscillating light. operation after July 1, 1983, be equipped with an acceptable form of safety'

"(k) As used in this section, the term 'all areas of railroad service in a metropolitan or suburban area, including any commuter includes the safety of commuter or other short-haul rail passenger as of January 1, 1979.". rail service which was operated by the Consolidated Rail Corporation

Sec. 703. Section 214 of the Federal Railroad Safety Act

AUTHORIZATION FOR APPROPRIATIONS

U.S.C. 444) is amended--, of 1970 (45

(2) by adding immediately after subsection (b) the following

(1) by redesignating subsection (c) as subsection (d); and subsection: new

provisions of this Act,

"(c)(1) There are authorized to be appropriated to carry out the except section 206(d) of this title and paragraph // 45 USC 435. // year ending September 30, 1983, and not to exceed $31,400,000 for (3) of this subsection, not to exceed $29,300,000 for the fiscal

"(2) To carry out the provisions of section 206(d) of this title the fiscal year ending September 30, 1984. appropriated relating to State safety programs, there are authorized to be 30, 1983, and not to exceed $2,900,000 for the fiscal year ending not to exceed $2,700,000 for the fiscal year ending September

"(3) For the purpose of conducting safety research and development September 30, 1984. not to exceed $20,000,000 for the fiscal year ending September activities under this Act, there are authorized to be appropriated September 30, 1984, including funds for assisting in the treatment of 30, 1983, and not to exceed $21,000,000 for the fiscal year ending

MOVEMENT FOR REPAIR

alcohol and drug abuse problems of railroad employees.". U.S.C. 13) is

Sec. 704. Section 4 of the Act of April 14, 1910 (45 follows through "at the sole risk of the carrier," and inserting in amended by striking "where such car can be repaired" and all that was discovered to be defective or insecure where such car can be lieu thereof the following: "on the line of railroad on which the car hauled to the nearest available point on the line of such connecting repaired, or, at the option of a connecting carrier, such car may be than the nearest available point on the line on which the car was carrier where such car can be repaired if such point is no farther imposed by this section or section 6 of this title, discovered defective or insecure, without liability for the penalties if any such // 45 USC 15. // cannot be made except at any such repair point; and such movement movement is necessary to make such repairs and such repairs the moving or hauling,". or hauling of such car shall be at the sole risk of the carrier doing

Sec. 705. The Act of May 30, 1908 (45 U.S.C. 17 through

ASH PAN ACT

commonly referred to as the Ash Pan Act, is repealed.

21),

Sec. 706. Section 209(a) of the Federal Railroad Safety Act

RESPONSIBILITY FOR COMPLIANCE

(45 U.S.C. 438(a)) is amended to read as follows: of 1970 any

"(a) It shall be unlawful for any railroad to fail to comply with under this title.". rule, regulation, order, or standard prescribed by the Secretary

LEGISLATIVE HISTORY-H.R. 3420 (S. 1099):

Approved January 14, 1983.

and Transportation) and

HOUSE REPORTS: No. 97 - 89 Pt. I (Comm. on Public Works

SENATE REPORT No. 97 - 74 accompanying S. 1099 (Comm. on No. 97 - 89 pt. 2 (Comm. on Energy and Commerce). and Transportation). Commerce, Science,

Vol. 127 (1981): June 1, considered and passed House.

CONGRESSIONAL RECORD:

vacated in Senate. June 2, S. 1099 considered and passed Senate; proceedings

Vol. 128 (1982): Dec. 20, House agreed to Senate July 17, considered and passed Senate, amended. Dec. 21, Senate concurred in House amendments with amendments; House concurred in Senate amendments.

PUBLIC LAW 97-467, 96 STAT. 2542

97 TH CONGRESS, H.R. 6538 JANUARY 14, 1983
AN ACT To designate the Federal Building in Lima, Ohio, as

the " Tennyson Guyer Federal

Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building located at 401 West North Street, Lima, Ohio, 45801, known as the Lima Federal Building, shall hereafter be known and designated as the " Tennyson Guyer Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to the Lima Federal Building shall be deemed to be a reference to the Tennyson Guyer Federal Building.

Approved January 14, 1983.

LEGISLATIVE HISTORY-- H.R. 6538:

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 17, considered and passed House.

Dec. 21, considered and passed Senate.

PUBLIC LAW 97-466, 96 STAT. 2538

97th CONGRESS, H.R. 5161 JANUARY 13, 1983
An Act To designate certain lands in the Monongahela National

Forest, West Virginia, as

wilderness; and to designate management of certain

lands for uses other than

wilderness.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

DESIGNATION OF WILDERNESS AREAS

Section 1. In furtherance of the purposes of the Wilderness Act, // 16 USC 1131. // the following lands are hereby designated as wilderness, and therefore, as components of the National Wilderness Preservation System--,

(1) certain lands in the Monongahela National Forest, West Virginia, which comprise approximately thirty-five thousand six hundred acres, as generally depicted on a map entitled " Cranberry Wilderness-Proposed", dated May 1982, and which shall be known as the Cranberry Wilderness: Provided, That for purposes of the Act of July 14, 1955 (69 Stat. 322) as amended, the Cranberry Wilderness may be reclassified only by Act of Congress enacted after the date of enactment of this Act;

(2) certain lands in the Monongahela National Forest, West Virginia, which comprise approximately six thousand one hundred acres, as generally depicted on a map entitled " Laurel Fork North Wilderness-Proposed", dated November 1981, and which shall be known as the Laurel Fork North Wilderness; and

(3) certain lands in the Monongahela National Forest, West Virginia, which comprise approximately six thousand one hundred acres, as generally depicted on a map entitled " Laurel Fork South Wilderness-Proposed", dated November 1981, and which shall be known as the Laurel Fork South Wilderness.

MAPS AND DESCRIPTIONS

Sec. 2. As soon as practicable after the provisions of this Act take effect, the Secretary of Agriculture shall file maps and legal descriptions of each wilderness area designated by this Act with the Committee on Interior and Insular Affairs and the Committee on Agriculture of the House of Representatives and the Committees on Energy and Natural Resources and Agriculture, Nutrition, and Forestry of the United States Senate, and each such map and legal description shall have the same force and effect as if included in this Act: Provided, however, That correction of clerical and typographical errors in such legal descriptions and maps may be made. Each such map and legal description shall be on file and available for public inspection in the office of the Chief, United States Forest Service, Department of Agriculture.

ADMINISTRATION OF WILDERNESS

Sec. 3. Subject to valid existing rights, each wilderness area designated by this Act shall be administered by the Secretary of Agriculture in accordance with the provisions of the Wilderness Act // 16 USC 1131. // governing areas designated by that Act as wilderness: Provided, That any reference in such provisions to the effective date of the Wilderness Act shall be deemed to be a reference to the effective date of the relevant provision of this Act.

DISPOSITION OF VALID EXISTING RIGHTS

Sec. 4. (a) The Secretary of the Interior (hereinafter in this Act referred to as "the Secretary"), in consultation with the Secretary of Agriculture, shall acquire:

(1) all nonfederally owned coal deposits and other mineral interests and rights within the boundaries of the Cranberry Wilderness; and

(2) coal deposits and mineral interests and rights outside the boundaries of the Cranberry Wilderness which are--,

(A) contiguous to the deposits, mineral interests, and rights referred to in paragraph (1) and owned by the

person

or entity which owns the deposits, interests, and rights

referred to in paragraph (1); or

(B) economically accessible only through the exercise of rights held within the wilderness.

(b) For purposes of carrying out the acquisition required under subsection (a), not later than three months after the date of enactment of this Act, the Secretary shall initiate negotiations with the owner of the coal deposits or other mineral interests and rights within the Cranberry Wilderness.

(c)(1) The Secretary shall conduct such coal or mineral evaluations with respect to the coal or other mineral interests or rights within the Cranberry Wilderness as may be necessary to determine fair market value. The fair market value of any rights as may exist shall be determined without reference to any restriction on access or use which may result from designation of the area as a wilderness. In determining fair market value the Secretary may contract with the owner to perform any necessary exploratory drilling or other evaluation work and may compensate the owner therefor through payment of money or as an addition to the monetary credit under this Act. Where the Secretary conducts such evaluations, he shall provide the owner with all data available to the Secretary as a result of the evaluations.

(2) Within one year of the date of enactment of this Act, the Secretary, in consultation with the owner shall determine the present fair market value of coal deposits and mineral interests and rights.

(A) The determination of fair market value shall be based on the replacement cost of the unmined recoverable coal deposits and mineral interests and rights in the ground, taking into account comparable sales recoverable minerals of comparable nature in the ground in the eastern United States, costs of compliance with all applicable Federal State, and local laws and regulations, including reclamation and restoration of the land (including wetlands) and other costs normally incurred in the mining of such minerals.

(B) Upon voluntary surrender and relinquishment by the owner of all nonfederally owned coal deposits and other mineral interests and rights in the Cranberry Wilderness, the Secretary shall extend to the owner, its successors and assigns, a monetary credit to be used against that portion of payment, bonus payments, rental or royalty payments paid into the Treasury of the United States and retained by the Federal Government on any mineral, oil, or gas lease or other Federal property competitively won or otherwise held by the applicant, its successors, or assigns. The monetary credit may be transferred or sold at any time by the owner to any other party with all the rights of the owner to the credit, and after such transfer, the owner shall notify the Secretary. In lieu of the monetary credits described above, the Secretary may, at his sole option, purchase the mineral rights referred to above.

(C) Monetary credits authorized pursuant to this subsection shall be based on the fair market value of the owner's mineral interests as determined pursuant to subsection (c) of this section. Such credit shall be used over a period of years with not more than ten percent of the credit to be used in any one year.

d) In the event the Secretary and the owner cannot agree on fair market value within one year of the date of enactment of this Act, either the Secretary or the owner shall have the right to petition the United States Claims Court for determination of fair market value in accordance with the standards set forth in this subsection, and said Court shall have jurisdiction to make said determination which shall be binding on all parties for purposes of this Act subject to the right of appeal.

(e) Effective October 1, 1983, there are hereby authorized to be appropriated such sums as may be necessary to establish the value of the nonfederally owned mineral interests or rights lying within the Cranberry Wilderness area. Effective October 1, 1983, there are hereby authorized to be appropriated such sums as are necessary to carry out the other provisions of this Act: Provided, That no payment shall be effective except to the extent or in such amounts as are provided in advance in Appropriation Acts.

(f) Exploration activities, including core drilling and use of mechanized ground equipment, shall be allowed in the Cranberry Wilderness designated by this Act to determine the value of the nonfederally owned mineral resources therein, under such reasonable stipulations and conditions as may be imposed by the Secretary of Agriculture.

OTHER PROVISIONS

Sec. 5. (a) The Congress finds that--,

(1) the Department of Agriculture has completed the second Roadless Area Review and Evaluation program (RARE II); and

(2) the Congress has made its own review and examination of National Forest System roadless areas in the State of West Virginia and of the environmental impacts associated with alternative allocations of such areas.

(b) On the basis of such review, the Congress hereby determines and directs that--,

(1) without passing on the question of the legal and factual sufficiency of the RARE II final environmental statement (dated January 1979) with respect to National Forest System lands in States other than West Virginia, such statement shall not be subject to judicial review with respect to National Forest System lands in the State of West Virginia;

(2) with respect to the National Forest System lands in the State of West Virginia which were reviewed by the Department of Agriculture in the second roadless area review and evaluation (RARE II), that review and evaluation shall be deemed for of Agriculture in the second roadless area review and evaluation such lands by the Forest and Rangeland Renewable Resources Planning Act of 1974

// 16 USC 1600. //

as amended by the National Forest Management Act of 1976

// 16 USC 1600. //

to be an adequate consideration of the suitability of such lands for inclusion in the National Wilderness Preservation System and the Department of Agriculture shall not be required to review the wilderness option prior to the revision of the initial plans and in no case prior to the date established by law for completion of the initial planning cycle;

(3) areas in the State of West Virginia reviewed in such final environmental statement and not designated as wilderness by this Act need not be managed for the purpose of protecting their suitability for wilderness designation pending revision of the initial plans; and

(4) unless expressly authorized by Congress the Department of Agriculture shall not conduct any further statewide roadless area review and evaluation of national forest system lands in the State of West Virginia for the purposes of determining their suitability for inclusion in the National Wilderness Preservation System.

POCAHONTAS COUNTY AND WEBSTER COUNTY, WEST VIRGINIA

Sec. 6. Notwithstanding any other provision of law, effective October 1, 1983, there is hereby authorized to be appropriated up to $2,200,000 to be paid to Pocahontas and Webster Counties, West Virginia; such sum in compensation for property tax revenues and other taxes or payments foregone by the aforementioned counties as a consequence of the acquisition of the nonfederally owned coal deposits and other mineral interests and rights within the boundaries of the Cranberry Wilderness as designated by this Act.

Approved January 13, 1983.

LEGISLATIVE HISTORY-H.R. 5161:

HOUSE REPORT No. 97 - 561, pt. 1 (Comm. on Interior and Insular Affairs).

CONGRESSIONAL RECORD, Vol. 128 (1982):

June 14, considered and passed House.

Dec. 18, considered and passed Senate, amended.

Dec. 20, House agreed to Senate amendment with an amendment; Senate agreed to House amendment.

PUBLIC LAW 97-465, 96 STAT. 2535

97th CONGRESS, S. 705 JANUARY 12, 1983
An Act To authorize the Secretary of Agriculture to convey

certain National Forest System

lands, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That for purposes of this Act--, // 16 USC 521c. //

(1) the term "person" includes any State or any political subdivision or entity thereof;

(2) the term "interchange" means a land transfer in which the Secretary and another person exchange titles to lands or interests in lands of approximately equal value where the Secretary finds that such a value determination can be made without a formal appraisal and under such regulations as the Secretary may prescribe; and

(3) the term " Secretary" means the Secretary of Agriculture of the United States.

Sec. 2. // 16 USC 521d. // The Secretary is authorized, when the Secretary determines it to be in the public interest--,

(1) to sell, exchange, or interchange by quitclaim deed, all right, title, and interest, including the mineral estate, of the United States in and to National Forest System lands described in section 3; and

(2) to accept as consideration for the lands sold, exchanged, or interchanged other lands, interests in lands, or cash payment, or any combination of such forms of consideration, which, in the case of conveyance by sale or exchange, is at least equal in value, including the mineral estate, or, in the case of conveyance by interchange, is of approximately equal value, including the mineral estate, to the lands being conveyed by the Secretary. The Secretary shall insert in any such quitclaim deed such terms, convenants, conditions, and reservations as the Secretary deems necessary to ensure protection of the public interest, including protection of the scenic, wildlife, and recreation values of the National Forest System and provision for appropriate public access to and use of lands within the System. The preceding sentence shall not be applicable to deeds issued by the Secretary to lands outside the boundary of units of the National Forest System.

Sec. 3. // 16 USC 521e. // The National Forest System lands which may be sold, exchanged, or interchanged under this Act are those the sale or exchange of which is not practicable under any other authority of the Secretary, which have a value as determined by the Secretary of not more than $150,000, and which are--,

(1) parcels of forty acres or less which are interspersed with or adjacent to lands which have been transferred out of Federal ownership under the mining laws and which are determined by the Secretary, because of location or size, not to be subject to efficient administration;

(2) parcels of ten acres or less which are encroached upon by improvements occupied or used under claim or color of title by persons to whom no advance notice was given that the improvements encroached or would encroach upon such parcels, and who in good faith relied upon an erroneous survey, title search, or other land description indicating that there was not such encroachment; or

(3) road rights-of-way, reserved or acquired, which are substantially surrounded by lands not owned by the United States and which are no longer needed by the United States, subject to the first right of abutting landowners to acquire such rights-of--, way.

Sec. 4. Any person to whom lands are conveyed under this Act // 16 USC 521f. // shall bear all reasonable costs of administration, survey, and appraisal incidental to such conveyance, as determined by the Secretary. In determining the value of any lands or interest in lands to be conveyed under this Act, the Secretary may, in those cases in which the Secretary determines it would be in the public interest, exclude from such determination the value of any improvements to the lands made by any person other than the Government. In the case of road rights-of-way conveyed under this Act, the person to whom the right-of-way is conveyed shall reimburse the United States for the value of any improvements to such right-of-way which may have been made by the United states. The Secretary may, in those cases in which the Secretary determines that it would be in the public interest, waive payment by any person of costs incidental to any conveyance authorized by this Act or reimbursement by any person for the value of improvements to rights-of-way otherwise required by this section.

Sec. 5. Conveyance of any road rights-of-way under this Act // 16 USC 521g. // shall not be construed as permitting any designation, maintenance, or use of such rights-of-way for road or other purposes except to the extent permitted by State or local law and under conditions imposed by such law.

Sec. 6. The Secretary shall issue regulations to carry out the provisions of this Act, // 16 USC 521h. // including specification of--,

(1) criteria which shall be used in making the determination as to what constitutes the public interest;

(2) the definition of and the procedure for determining "approximately equal value"; and

(3) factors relating to location or size which shall be considered in connection with determining the lands to be sold, exchanged, or interchanged under clause (1) of section 3.

Sec. 7. Nothing in this Act // 16 USC 521i. // shall authorize conveyance of Federal lands within the National Wilderness Preservation System, National Wild and Scenic Rivers System, National Trails System, or National Monuments. Nothing in this Act shall authorize sale of Federal lands, within National Recreation Areas.

Sec. 8. (a) The Act of December 4, 1967 (81 Stat. 531), // 16 USC 484a. // is amended by inserting before the phrase "public school district" wherever it appears, and before the phrase "public school authority" the second time it appears, the words " State, county, or municipal government or".

(b) The Act of December 4, 1967 (81 Stat. 531), // 16 USC 484a. // is further amended by adding the following at the end thereof: " Lands may be conveyed to any State, county, or municipal government pursuant to this Act only if the lands were being utilized by such entities on the date of enactment of this sentence. Lands so conveyed may be used only for the purposes for which they were being used prior to conveyance.".

Approved January 12, 1983.

LEGISLATIVE HISTORY-S. 705 (H.R. 3021):

HOUSE REPORT No. 97 - 492, pt. 1 accompanying H.R. 3021 (Comm. on Agriculture).

SENATE REPORTS: No. 97 - 332 (Comm. on Agriculture Nutrition, and Forestry) and No. 97 - 490 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 128 (1982):

Aug. 19, considered and passed Senate.

Dec. 21, considered and passed House.

PUBLIC LAW 97-464, 96 STAT. 2533

97th CONGRESS, S. 2273 JANUARY 12, 1983
An Act To amend the Earthquake Hazards Reduction Act of 1977

to extend authorizations of

appropriations, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I-EARTHQUAKE HAZARDS REDUCTION PROGRAM

Sec. 101. (a) Section 7(a) of the Earthquake Hazards Reduction Act of 1977 // 42 USC 7706. // is amended by adding at the end thereof the following new paragraph:

"(4) There are authorized to be appropriated to the Director, to carry out the provisions of sections 5 and 6 of this Act, // 42 USC 7704, 7705. // $1,281,000 for the fiscal year ending September 30, 1983.".

(b) Section 7(b) of such Act is amended by striking out "and" after "1981;", and by inserting "; and $31,843,000 for the fiscal year ending September 30, 1983" before the period at the end thereof.

(c) Section 7(c) of such Act is amended by striking out "and" after "1981;", and by inserting "; and $25,000,000 for the fiscal year ending September 30, 1983" before the period at the end thereof.

(d) Section 7(d) of such Act is amended by striking out "and" after "1981;", and by inserting "; and $475,000 for the fiscal year ending September 30, 1983" before the period at the end thereof.

(e) Section 7(e) of such Act is amended by striking out "the fiscal year ending September 30, 1982" and inserting in lieu thereof "each of the fiscal years ending September 30, 1982 and September 30, 1983".

TITLE II- MULTIHAZARD RESEARCH, PLANNING, AND MITIGATION

Sec. 201. Section 302 of Public Law 96 - 472 // 50 USC app. 2251. // is amended by adding at the end thereof the following new subsection:

"(c) For the fiscal year ending September 30, 1983, there are authorized to be appropriated to the Director--,

"(1) $2,774,000 to carry out section 301, which amount shall include--,

"(A) not less than $300,000 to carry out the purposes of paragraphs (1) through (6) of such section; "(B) such sums as may be necessary, but in any case not less than $939,000, for use by the United States

Fire Administration

in carrying out paragraph (7) of such section; and

"(C) not less than $1,535,000 to carry out paragraph (8)

of

such section with respect to those large California

earthquakes

which were identified by the National Security

Council's Ad Hoc Committee on Assessment of

Consequences

and Preparations for a Major California Earthquake

and with respect to other high seismic risk areas in

the United States; and

"(2) such further sums as may be necessary for adjustments required by law in salaries, pay, retirement, and employee benefits incurred in the conduct of activities for which funds are authorized by paragraph (1) of this subsection.".

Approved January 12, 1983.

LEGISLATIVE HISTORY- S. 2273 (H.R. 6272):

HOUSE REPORTS: No. 97 - 535, Pt. 1 (Comm. on Interior and Insular Affairs) and Pt. 2 (Comm. on Science and Technology) both accompanying H.R. 6272.

SENATE REPORT No. 97 - 336 (Comm. on Commerce, Science, and Transportation).

CONGRESSIONAL RECORD, Vol. 128 (1982):

Apr. 29, considered and passed Senate.

Sept. 14, H.R. 6272, considered and passed House; S. 2273, amended, passed in lieu.

Oct. 1, Senate agreed to House amendments with amendments; House concurred in certain Senate amendments in another with an amendment.

Dec. 16, Senate concurred in House amendment.

PUBLIC LAW 97-463, 96 STAT. 2531

97th CONGRESS, S. 2863 JANUARY 12, 1983
An Act To amend title 28 to provide protection to all jurors in

Federal cases to clarify the

compensation of attorneys for jurors in protecting

their employment rights, and

authorizing the service of jury summonses by ordinary

mail.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 1875(d) of title 28, United States Code, is amended--,

(1) by inserting "(1)" immediately after "(d)"; and

(2) by amending paragraph (2) to read as follows:

"(2) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorney's fee as part of the costs. The court may tax a defendant employer, as costs payable to the court, the attorney fees and expenses incurred on behalf of a prevailing employee, where such costs were expended by the court pursuant to paragraph (1) of this subsection. The court may award a prevailing employer a reasonable attorney's fee as part of the costs only if the court finds that the action is frivolous, vexatious, or brought in bad faith.".

Sec. 2. (a) The second paragraph of section 1866(b) of title 28, United States Code, is amended to read as follows:

" Each person drawn for jury service may be served personally, or by registered, certified, or first-class mail addressed to such person at his usual residence or business address.".

(b) The fourth paragraph of section 1866(b) of title 28, United States Code, is amended to read as follows:

" If such service is made by mail, the summons may be served by the marshal or by the clerk, the jury commission or their duly designated deputies, who shall make affidavit of service and shall attach thereto any receipt from the addressee for a registered or certified summons.".

Sec. 3. Chapter 121 of title 28, United States Code, is amended--,

(1) by adding at the end thereof the following:

Section 1877. // 28 USC 1877. // Protection of jurors

"(a) Subject to the provisions of this section and title 5 of the United States Code, subchapter 1 of chapter 81, title 5, United States Code, applies to a Federal grand or petit juror, except that entitlement to disability compensation payments does not commence until the day after the date of termination of service as a juror.

"(b) In administering this section with respect to a juror covered by this section--,

"(1) a juror is deemed to receive monthly pay at the minimum rate for grade GS-2 of the General Schedule

// 5 USC 5332. //

unless his actual pay as a Government employee while serving on court leave is higher, in which case monthly pay is determined in accordance with section 8114 of title 5, United States Code, and

"(2) performance of duty as a juror includes that time when a juror is (A) in attendance at court pursuant to a summons, (B) in deliberation, (C) sequestered by order of a judge, or (D) at a site, by order of the court, for the taking of a view."; and

(2) by amending the table of sections for such chapter by adding after the item relating to section 1876, the following:

"1877. Protection of jurors.".

Sec. 4. Section 8101 of title 5, United States Code, is amended in paragraph (F) of subsection (1) by striking out "juror" through the end of such paragraph and inserting in lieu thereof "juror;".

Approved January 12, 1983.

LEGISLATIVE HISTORY-S. 2863:

SENATE REPORT No. 97 - 674 (Comm. on the Judiciary).

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 21, considered and passed Senate and House.

PUBLIC LAW 97-462, 96 STAT. 2527, FEDERAL RULES OF PROCEDURE AMENDMENTS ACT OF 1982

97th CONGRESS, H.R. 7154 JANUARY 12, 1983
An Act To amend the Federal Rules of Civil Procedure with

respect to certain service of

process by mail, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act // 28 USC 2071. // may be cited as the " Federal Rules of Civil Procedure Amendments Act of 1982".

Sec. 2. The Federal Rules of Civil Procedure // 28 USC app. // are amended as follows:

(1) Rule 4(a) of such Rules is amended by striking out "it for service to the marshal or to any other person authorized by Rule 4(c) to serve it" and inserting in lieu thereof "the summons to the plaintiff or the plaintiff's attorney, who shall be responsible for prompt service of the summons and a copy of the complaint".

(2) Subsection (c) of Rule 4 of such Rules is amended to read as follows:

"(c) Service.

"(1) Process, other than a subpoena or a summons and complaint, shall be served by a United States marshal or deputy United States marshal, or by a person specially appointed for that purpose.

"(2)(A) A summons and complaint shall, except as provided in subparagraphs (B) and (C) of this paragraph, be served by any person who is not a party and is not less than 18 years of age.

"(B) A summons and complaint shall, at the request of the party seeking service or such party's attorney, be served by a United States marshal or deputy United States marshal, or by a person specially appointed by the court for that purpose, only--,

"(i) on behalf of a party authorized to proceed in forma pauperis pursuant to Title 28, U.S.C. Section 1915,

or of a seaman

authorized to proceed under Title 28, U.S.C. Section

1916,

"(ii) on behalf of the United States or an officer or

agency

of the United States, or

"(iii) pursuant to an order issued by the court stating

that

a United States marshal or deputy United States

marshal,

or a person specially appointed for that purpose, is

required

to serve the summons and complaint in order that service

be properly effected in that particular action.

"(C) A summons and complaint may be served upon a defendant of any class referred to in paragraph (1) or (3) of subdivision (d) of this rule--,

"(i) pursuant to the law of the State in which the

district

court is held for the service of summons or other like

process upon such defendant in an action brought in the

courts of general jurisdiction of that State, or

"(ii) by mailing a copy of the summons and of the complaint (by first-class mail, postage prepaid) to the person to be served, together with two copies of a notice and

acknowledgment

conforming substantially to form 18-A and a

return envelope, postage prepaid, addressed to the

sender.

If no acknowledgment of service under this subdivision

of

this rule is received by the sender within 20 days

after the

date of mailing, service of such summons and complaint

shall be made under subparagraph (A) or (B) of this

paragraph

in the manner prescribed by subdivision (d)(1) or

(d)(3).

"(D) Unless good cause is shown for not doing so the court shall order the payment of the costs of personal service by the person served if such person does not complete and return within 20 days after mailing, the notice and acknowledgment of receipt of summons.

"(E) The notice and acknowledgment of receipt of summons and complaint shall be executed under oath or affirmation.

"(3) The court shall freely make special appointments to serve summonses and complaints under paragraph (2)(B) of this subdivision of this rule and all other process under paragraph (1) of this subdivision of this rule.".

(3) Rule 4(d) of such Rules is amended--,

(A) by striking out " Summons: Personal Service" and

inserting " Summons and Complaint: Person to be

Served" in lieu thereof; and

(B) by striking out paragraph 7.

(4) Rule 4(d)(5) of such Rules is amended--,

(A) by striking out "delivering" and inserting "sending" in lieu thereof, and (B) by inserting "by registered or certified mail" after "complaint".

(5) Rule 4(e) of such Rules is amended by striking out " Same" and inserting " Summons" in lieu thereof.

(6) Subdivision (g) of Rule 4 of such Rules is amended to read as follows:

"(g) Return. The person serving the process shall make proof of service thereof to the court promptly and in any event within the time during which the person served must respond to the process. If service is made by a person other than a United States marshal or deputy United States marshal, such person shall make affidavit thereof. If service is made under subdivision (c)(2)(C)(ii) of this rule, return shall be made by the sender's filing with the court the acknowledgment received pursuant to such subdivision. Failure to make proof of service does not affect the validity of the service.".

(7) Rule 4 of such Rules is amended by adding at the end the following:

"(j) Summons: Time Limit for Service. If a service of the summons and complaint is not made upon a defendant within 120 days after the filing of the complaint and the party on whose behalf such service was required cannot show good cause why such service was not made within that period, the action shall be dismissed as to that defendant without prejudice upon the court's own initiative with notice to such party or upon motion. This subdivision shall not apply to service in a foreign country pursuant to subdivision (i) of this rule.".

Sec.3. The Appendix of Forms at the end of the Federal Rules of Civil Procedure is amended by inserting after Form 18 the following:

" Form 18-A.-Notice and Acknowledgment for Service by

Mail.

" United States District Court for the Southern District of New York

" Civil Action, File Number

" A. B., Plaintiff

v. Notice and Acknowledgment of Receipt of Summons and Complaint

" C. D., Defendant

" NOTICE

" To: (insert the name and address of the person to be served.)

" The enclosed summons and complaint are served pursuant to Rule 4( c)(2)(C)(ii) of the Federal Rules of Civil Procedure.

" You must complete the acknowledgment part of this form and return one copy of the completed form to the sender within 20 days.

" You must sign and date the acknowledgment. If you are served on behalf of a corporation, unincorporated association (including a partnership), or other entity, you must indicate under your signature your relationship to that entity. If you are served on behalf of another person and you are authorized to receive process, you must indicate under your signature your authority.

" If you do not complete and return the form to the sender within 20 days, you (or the party on whose behalf you are being served) may be required to pay any expenses incurred in serving a summons and complaint in any other manner permitted by law.

" If you do complete and return this form, you (or the party on whose behalf you are being served) must answer the complaint within 20 days. If you fail to do so, judgment by default will be taken against you for the relief demanded in the complaint.

" I declare, under penalty of perjury, that this Notice and Acknowledgment of Receipt of Summons and Complaint was mailed on (insert date).

" Signature " Date of Signature " ACKNOWLEDGMENT OF RECEIPT OF SUMMONS AND COMPLAINT

" I declare, under penalty of perjury, that I received a copy of the summons and of the complaint in the above-captioned manner at (insert address).

" Signature " Relationship to Entity/ Authority to Receive Service

of Process

" Date of Signature".

Sec. 4. The amendments made by this Act // 28 USC 2071. // shall take effect 45 days after the enactment of this Act.

Sec. 5. The amendments to the Federal Rules of Civil Procedure, // 28 USC 2071. // the effective date of which was delayed by the Act entitled " An Act to delay the effective date of proposed amendments to rule 4 of the Federal Rules of Civil Procedure", approved August 2, 1982 (96 Stat. 246), shall not take effect.

Sec. 6. Section 951 of title 18, United States Code, is amended by striking out "$5,000" and inserting in lieu thereof "$75,000".

Approved January 12, 1983.

LEGISLATIVE HISTORY-H.R. 7154:

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 15, considered and passed House.

Dec. 19, considered and passed Senate, amended.

Dec. 20, House agreed to Senate amendments with an amendment.

Dec. 21, Senate concurred in House amendment.

PUBLIC LAW 97-461, 96 STAT. 2523

97th CONGRESS, H.R. 6679 JANUARY 12, 1983
An Act To authorize the Secretary of Agriculture to assess

civil penalties with respect to

violations of certain Acts relating to the prevention

of the introduction and

dissemination into the United States of plant pests,

plant diseases, and livestock

and poultry diseases, to increase the amount of

criminal fines which may be

imposed with respect to violations of such Acts, 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) section 103(a) of the Federal Plant Pest Act (7 U.S.C. 150bb(a)) is amended by striking out "knowingly" each place it appears.

(b) Section 108 of the Federal Plant Pest Act (7 U.S.C. 150gg) is amended to read as follows:

" Sec. 108. (a) Any person who--,

"(1) knowingly violates section 103 of this Act

// 7 USC 150bb. //

or any regulation promulgated under this Act;

"(2) knowingly forges or counterfeits any permit or other document provided for by this Act or by any such regulation; or

"(3) knowingly and without the authority of the Secretary, uses, alters, or defaces any such permit or document;

shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both.

"(b) Any person who--,

"(1) violates section 103 of this Act or any regulation promulgated under this Act;

"(2) forges or counterfeits any permit or other document provided for by this Act or by any such regulation; or

"(3) without the authority of the Secretary, uses, alters, or defaces any such permit or document;

may be assessed a civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. // 28 USC 2341. // The validity of such order may not be reviewed in an action to collect such civil penalty.".

Sec. 2. The first paragraph of section 10 of the Act of August 20, 1912 (7 U.S.C. 163, 164), commonly known as the Plant Quarantine Act, is amended by striking out " That any person" and all that follows through "; and it" and inserting in lieu thereof the following: " That any person who knowingly violates any provision of this Act or any rule or regulation promulgated by the Secretary of Agriculture under this Act, or who knowingly forges or counterfeits any certificate provided for in this Act or in any such rule or regulation, or who, knowingly and without the authority of the Secretary, uses, alters, defaces, or destroys any such certificate shall be deemed guilty of a misdemeanor and shall, upon conviction thereof, be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. Any person who violates any such provision, rule, or regulation, or who forges or counterfeits any such certificate, or who, without the authority of the Secretary, uses, alters, defaces, or destroys any such certificate, may be assessed a civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. // 28 USC 2341. // The validity of such order may not be reviewed in an action to collect such civil penalty. It".

Sec. 3. The Act of January 31, 1942 (7 U.S.C. 149), is amended by--,

(1) inserting "(a)" after " That"; and

(2) adding at the end the following new subsection:

"(b)(1) Any person who knowingly violates any rule or regulation promulgated under subsection (a) shall be guilty of a misdemeanor and shall be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both.

"(2) Any person who violates any such rule or regulation may be assessed a civil penalty by the Secretary of Agriculture not exceeding $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. // 28 USC 2341. // The validity of such order may not be reviewed in an action to collect such civil penalty.".

Sec. 4. Section 6 of the Act of August 30, 1890 (21 U.S.C. 104), is amended by striking out the last sentence and inserting in lieu thereof the following: " Any person who knowingly violates any provision of this section or sections 7 through 10 of this Act // 21 USC 102, 103, 101, 105. // or any regulation prescribed by the Secretary of Agriculture under any such section shall be guilty of a misdemeanor and shall, on conviction, be punished by a fine not exceeding $5,000, by imprisonment not exceeding one year, or both. Any person who violates any such provision or any such regulation may be assessed a civil penalty by the Secretary of Agriculture not exceeding $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. // 28 USC 2341. // The validity of such order may not be reviewed in an action to collect such civil penalty.".

Sec. 5. Section 7 of the Act of May 29, 1884 (21 U.S.C. 117), commonly known as the Animal Industry Act, is amended by--,

(1) inserting "(a)" after " Sec. 7.";

(2) inserting "or the rules and regulations prescribed by the Secretary of Agriculture under such section" after " Act"; and

(3) adding at the end the following new subsection:

"(b) Any person or persons operating any railroad, or master or owner of any boat or vessel, or owner or custodian of, or person having control over, cattle or other livestock or live poultry who shall violate the provisions of section 6 of this Act // 21 USC 115. // or the rules and regulations prescribed by the Secretary of Agriculture under such section may be assessed a civil penalty by the Secretary of not more than $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. // 28 USC 2341. // The validity of such order may not be reviewed in an action to collect such civil penalty.".

Sec. 6. Section 3 of the Act of February 2, 1903 (21 U.S.C. 122), commonly known as the Cattle Contagious Diseases Act of 1903, is amended by--,

(1) striking out "one thousand dollars" and inserting in lieu thereof "five thousand dollars"; and

(2) adding at the end the following: " Any person, company, or corporation violating such provisions, orders, or regulations may be assessed a civil penalty by the Secretary of Agriculture of not more than one thousand dollars. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code.

// 28 USC 2341. // The validity of such order may not

be reviewed in an action to collect such civil penalty.".

Sec. 7. Section 6 of the Act of March 3, 1905 (21 U.S.C. 127), is amended by--,

(1) striking out "one thousand dollars" and inserting in lieu thereof "five thousand dollars"; and

(2) adding at the end the following: " Any person, company, or corporation violating such provisions may be assessed a civil penalty by the Secretary of Agriculture of not more than one thousand dollars. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code.

// 28 USC 2341. //

The validity of such order may not be reviewed in an action to collect such civil penalty.".

Sec. 8. Section 6(a) of the Act of July 2, 1962 (21 U.S.C. 134e), is amended by--,

(1) inserting "(1)" after "(a)";

(2) striking out "$1,000" and inserting in lieu thereof "$5,000"; and

(3) adding at the end the following new paragraph:

"(2) Whoever violates any such regulation may be assessed a civil penalty by the Secretary not exceeding $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. // 28 USC 2341. // The validity of such order may not be reviewed in an action to collect such civil penalty.".

Sec. 9. Section 2 of the Act of May 6, 1970 (21 U.S.C. 135a), is amended by--,

(1) inserting "(a)" after " Sec. 2." and

(2) adding at the end the following new subsection:

"(b) Any person who brings any animal to the quarantine station or moves any animal from the quarantine station, contrary to the conditions prescribed by the Secretary in regulations issued hereunder, may be assessed a civil penalty by the Secretary not to exceed $1,000. The Secretary may issue an order assessing such civil penalty only after notice and an opportunity for an agency hearing on the record. Such order shall be treated as a final order reviewable under chapter 158 of title 28, United States Code. // 28 USC 2341. // The validity of such order may not be reviewed in an action to collect such civil penalty.".

Approved January 12, 1983.

LEGISLATIVE HISTORY- H.R. 6679

HOUSE REPORT No. 97 - 875 (Comm. on Agriculture).

CONGRESSIONAL RECORD, Vol. 128 (1982):

Sept. 28, considered and passed House.

Dec. 21, considered and passed Senate.

PUBLIC LAW 97-460, 96 STAT. 2520

97th CONGRESS, S. 1540 JANUARY 12, 1983
An Act To revise the boundaries of the Saratoga National

Historical Park in the State of

New York, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. In order to preserve certain lands historically associated with the Battle of Saratoga and to facilitate the administration and interpretation of the Saratoga National Historical Park (hereinafter in this Act // 16 USC 159f. // referred to as "the park"), the boundary of the park is hereby revised to include the area generally depicted on the map entitled " Saratoga National Historical Park", numbered 80,001, and dated March 23, 1979.

Sec. 2. (a) Except as provided in subsection (b), // 16 USC 159g. // within the boundary of the park, the Secretary of the Interior (hereinafter in this Act referred to as the " Secretary"), is authorized to acquire lands and interests therein by donation, purchase with donated or appropriated funds, or exchange. Except for the tract identified on the aforesaid map as tract number 01 - 132, which was authorized to be acquired by section 115 of the Act of March 5, 1980 (94 Stat. 71), // 16 USC 159e. // the Secretary may not acquire (except by donation) fee simple title to those lands depicted on the map as proposed for less than fee acquisition. The map shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior.

(b)(1) Appropriated funds may not be used to acquire lands or interests therein within the park without the consent of the owner except when--,

(A) the Secretary determines that such owner is subjecting, or is about to subject, the property to actions which would significantly degrade its value as a component of the park; or

(B) the owner fails to comply with the provisions of paragraph (2).

The Secretary shall immediately notify the owner in writing of any determination under subparagraph (A). If the owner immediately ceases the activity subject to such notification, the Secretary shall attempt to negotiate a mutually satisfactory solution prior to exercising any authority provided by subsection (a) of this section.

(2) If an owner of lands or interests therein within the park intends to transfer any such lands or interest to persons other than the owner's immediate family, the owner shall notify the Secretary in writing of such intention. Within forty-five days after receipt of such notice, the Secretary shall respond in writing as to his interest in exercising a right of first refusal to purchase fee title or lesser interests. If, within such forty-five days, the Secretary declines to respond in writing or expresses no interest in exercising such right, the owner may proceed to transfer such interests. If the Secretary responds in writing within such forty-five days and expresses an interest and intention to exercise a right of first refusal, the Secretary shall initiate an action to exercise such right within ninety days after the date of the Secretary's response. If the Secretary fails to initiate action to exercise such right within such ninety days, the owner may proceed to otherwise transfer such interests. As used in this subsection with respect to a property owner, the term "immediate family" means the spouse, brother, sister, parent, or child of such property owner. Such term includes a person bearing such relationships through adoption and a stepchild shall be treated as a natural born child for purposes of determining such relationship.

(c) Subsection (b) shall not apply with respect to tract number 01 - 142.

(d) When an owner of property within the park desires to take an action with respect to his property, he shall request, in writing, a prompt written determination from the Secretary as to the likelihood of such action provoking a determination by the Secretary under the provisions of subsection (b)(1)(A). The Secretary is thereupon directed to promptly issue such owner a certificate of exemption from condemnation for such actions proposed by the owner which the Secretary determines to be compatible with the purposes of the park.

(e)(1) An owner of improved property which is used solely for noncommercial residential purposes, or for commercial agricultural purposes found to be compatible with the General Management Plan, on the date of its acquisition by the Secretary may retain, as a condition of such an acquisition, a right of use and occupancy of the property for such residential or agricultural purposes. The right retained may be for a definite term which shall not exceed twenty--, five years, or in lieu thereof, for a term ending at the death of the owner. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value, of the term retained by the owner.

(2) Except for tract number 01 - 142, paragraph (1) shall not apply to property which the Secretary determines to be necessary for the purposes of administration, development, access, or public use.

(f) Any owner of lands or interests therein within the park who desires to have such lands or interests acquired by the Secretary may notify the Secretary in writing of such desire. It is the intention of the Congress that, upon receipt of such notification, and on the condition that such acquisition will transpire at fair market value and in accordance with other conditions acceptable to the Secretary, the Secretary shall endeavor to acquire such lands or interests therein within six months of the date of receipt of such notice from the owner.

Sec. 3. Section 2 of the Act approved June 22, 1948 (62 Stat. 571; 16 U.S.C. 159d), is amended to read as follows:

" Sec. 2. The Secretary of the Interior is authorized to accept all or any portion of the General Philip Schuyler Mansion property, real and personal, situated at Schuylerville, New York, comprising approximately fifty acres.".

Sec. 4. There are hereby authorized to be appropriated after October 1, 1983, such sums as may be necessary, but not to exceed $1,000,000 for the acquisition of lands and interests therein, to carry out the purposes of this Act. // 16 USC 159f. //

Approved January 12, 1983.

LEGISLATIVE HISTORY- S. 1540:

HOUSE REPORT No. 97 - 926 (Comm. on Interior and Insular Affairs).

SENATE REPORT No. 97 - 424 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 128 (1982):

June 10, considered and passed Senate.

Oct. 1, considered and passed House, amended.

Dec. 21, Senate concurred in House amendment.

PUBLIC LAW 97-459, 96 STAT. 2515

97th CONGRESS, S. 503 JANUARY 12, 1983
An Act To authorize the purchase, sale, and exchange of lands by

Indian tribes and by the

Devils Lake Sioux Tribe of the Devils Lake Sioux

Reservation of North Dakota

specifically, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

TITLE I

Sec. 101. The Congress finds that--,

(1) the Devils Lake Sioux Tribe, of the Devils Lake Sioux Reservation, North Dakota, is vigorously pursuing its goal of self-determination through development of manufacturing and farming enterprises; and

(2) the continued existence of the Devils Lake Sioux Reservation, North Dakota, as a permanent homeland of the Devils Lake Sioux Tribe and as a necessary foundation for continued self-determination requires that the Secretary of the Interior have authority to--,

(A) consolidate and increase the trust land base in the reservation for the tribe and individual tribal members; and (B) prevent further loss of trust land.

Sec. 102. (a) The Secretary of the Interior (hereinafter in this Act referred to as the " Secretary") is authorized to--,

(1) purchase with any funds held by the Secretary in trust for the benefit of the Devils Lake Sioux Tribe or appropriated for the purpose, or acquire by gift, exchange, or relinquishment, any interest in land (or any improvements thereon) located within the boundaries of the Devils Lake Sioux Reservation for the benefit of the Devils Lake Sioux Tribe or individual members of such tribe;

(2) sell or approve sales of any interest in tribal trust or tribal restricted land (or any improvements thereon) located within the boundaries of the Devils Lake Sioux Reservation but only if additional tribal trust or tribal restricted land which is approximately equal in acreage or value to the interet sold is acquired by the Secretary at the time of such sale; and

(3) exchange any interest in tribal or individual trust land or tribal or individual restricted land (or any improvements thereon) for any land located within the Devils Lake Sioux Reservation but only if the values of the interests in land involved in such an exchange are equal or are equalized by the payment of money.

(b) Any purchase of Federal lands under subsection (a)(1) shall be made in accordance with the provisions of the Federal Land Policy and Management Act of 1976 (90 Stat. 2744). // 43 USC 1701. //

Sec. 103 The Secretary shall accept any transfer of title from the Devils Lake Sioux Tribe, or from any individual member of such tribe, for any interest in land (or any improvements thereon) located within the boundaries of the Devils Lake Sioux Reservation, and shall take title to such property in the name of the United States in trust for the benefit of the Devils Lake Sioux Tribe, or for such individual member.

Sec. 104. Any acquisition, sale, or exchange of lands for the Devils Lake Sioux Tribe which is made under this title shall be made only upon the request of the authorized governing body of the Devils Lake Sioux Tribe, subject to the limitations and procedures of the tribal constitution.

Sec. 105. Notwithstanding any other provision of applicable law, the title to any interest in land, or any improvements thereon, acquired by the Secretary under this title shall be acquired in the name of the United States in trust for the benefit of the Devils Lake Sioux Tribe or an individual member of such tribe, as the case may be, and such property shall be held and treated in the same manner as other trust or restricted Indian lands are held and treated under Federal law.

Sec. 106 Money or amounts credited to the Devils Lake Sioux Tribe from the sale or exchange under this title of any interest in trust or restricted land (or any improvements thereon) may be used only for the purpose of purchasing or acquiring property under this title and shall be deposited in a special account under the control of the Secretary or his duly authorized representative.

Sec. 107. Subsection (a) of the first section of the Act of August 9, 1955 (69 Stat. 539; 25 U.S.C. 415), as amended, is further amended--,

(1) by striking out "and leases of land on the Agua Caliente" in the second sentence and inserting in lieu thereof "leases of land on the Agua Caliente", and

(2) by striking out "and the lands comprising the Moses Allotment Numbered 10, Chelan County, Washington," in the second sentence and inserting in lieu thereof the following: "leases of the lands comprising the Moses Allotment Numbered 10, Chelan County, Washington, and leases to the Devils Lake Sioux Tribe, or any organization of such tribe, of land on the Devils Lake Sioux Reservation,".

Sec. 108. (a)(1) The devise or descent of any interest in trust or restricted land located within the Devils Lake Sioux Reservation to any person who is not a member of the Devils Lake Sioux Tribe shall be subject to the right of such tribe to purchase such interest within two years of the date of death of the decedent by paying to the Secretary for the benefit of such person an amount equal to the fair market value of such interest on the date of such purchase (as determined by the Secretary after appraisal).

(2) Within ninety days after the date on which the Secretary receives payment of an amount for the benefit of a person under paragraph (1), the Secretary shall pay such amount to such person.

(3) The Devils Lake Sioux Tribe may exercise its right under paragraph (1) to purchase the interest of a person only if the governing body of such tribe notifies such person and the Secretary of the intent of such tribe to purchase such interest at least ninety days prior to the date of such purchase.

(b)(1) Subsection (a) shall not apply to any interest in land acquired by the spouse of a decedent if--,

(A) the spouse elects the application of this subsection prior to the date which is ninety days after the date on which the governing body of the Devils Lake Sioux Tribe notifies the spouse of its intent to acquire such interest, and

(B) prior to such date, the spouse retains a life estate in such interest and conveys the remainder of such interest to any heir of the decedent who is a member of such tribe.

(2) If the spouse of a decedent elects the application of this subsection with respect to any interest in land which was trust or restricted land immediately prior to the death of the decedent, the life estate and the remainder of such interest created by the conveyance described in paragraph (1)(B) shall acquire such trust or restricted status.

(c) This section shall only apply to interests included in the estates of decedents dying on or after the date of enactment of this title.

Sec. 109. The Devils Lake Sioux Reservation, North Dakota, is hereby declared the permanent homeland of the Devils Lake Sioux Tribe.

Sec. 110. The Secretary is authorized to take such action as may be necessary to carry out the purposes of this title.

TITLE II

Sec. 201. This title // 25 USC 2201. // may be cited as the " Indian Land Consolidation Act".

Sec. 202. For the purpose of this title--, // 25 USC 2201. //

(1) "tribe" means any Indian tribe, band, group, pueblo, or community for which, or for the members of which, the United States holds lands in trust;

(2) " Indian" means any person who is a member of a tribe or any person who is recognized as an Indian by the Secretary of the Interior;

(3) " Secretary" means the Secretary of the Interior; and

(4) "trust or restricted lands" means lands, title to which is held by the United States in trust for an Indian or an Indian tribe or lands title to which is held by Indians or an Indian tribe subject to a restriction by the United States against alienation.

Sec. 203. // 25 USC 2202. // The provisions of section 5 of the Act of June 18, 1934 (48 Stat. 985), // 25 USC 465. // shall apply to all tribes notwithstanding the provisions of section 18 of such Act: // 25 USC 478. // Provided, That nothing in this section is intended to supersede any other provision of Federal law which authorizes, prohibits, or restricts the acquisition of land for Indians with respect to any specific tribe, reservation, or state(s).

Sec. 204. // 25 USC 2203. // (a) Notwithstanding any other provision of law, any tribe, acting through its governing body, is authorized, with the approval of the Secretary to adopt a land consolidation plan providing for the sale or exchange of any tribal lands or interest in lands for the purpose of eliminating undivided fractional interests in Indian trust or restricted lands or consolidating its tribal landholdings.

Sec. 205. // 25 USC 2204. // Any Indian tribe may purchase at no less than the fair market value all of the interest in any tract of trust or restricted land within that tribe's reservation or otherwise subjected to that tribe's jurisdiction with the consent of over 50 per centum of the owners or with the consent of the owners of over 50 per centum of the undivided interests in such tract: Provided, That--,

(1) no such tract shall be acquired by any Indian or Indian tribe over the objection of three or less owners owning 50 per centum or more of the total interests in such tract;

(2) any Indian owning any undivided interest in, and in actual use and possession of such tract, may purchase such tract by matching the tribal offer;

(3) this section shall not apply to any tract of land owned by less than fifteen persons; and

(4) all purchases and sales initiated under this section shall be approved by the Secretary.

Sec. 206. // 25 USC 2205. // Notwithstanding any other provisions of law, any Indian tribe may provide by appropriate action of its governing body, subject to approval by the Secretary, that nonmembers of the tribe or non-Indians shall not be entitled to receive by devise or descent any interest of a member of such tribe in trust or restricted lands within that tribe's reservation or otherwise subjected to that tribe's jurisdiction: Provided, That in the event a tribe takes such action--,

(1) the sale price or exchange value received by the tribe for land or interests in land covered by this section shall be no less than within 10 per centum of the fair market value as determined by the Secretary;

(2) if the tribal land involved in an exchange is of greater or lesser value than the land for which it is being exchanged, the tribe may accept or give cash in such exchange in order to equalize the values of the property exchanged;

(3) any proceeds from the sale of land or interests in land or proceeds received by the tribe to equalize an exchange made pursuant to this section shall be used exclusively for the purchase of other land or interests in land;

(4) the Secretary shall maintain a separate trust account for each tribe selling or exchanging land pursuant to this section consisting of the proceeds of the land sales and exchanges and shall release such funds only for the purpose of buying lands under this section; and

(5) any tribe may retain the mineral rights to such sold or exchanged lands and the Secretary shall assist such tribe in determining the value of such mineral rights and shall take such value into consideration in determining the fair market value of such lands.

(b) The Secretary must execute such instrument of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to an approved tribal land consolidation plan unless he makes a specific finding that such sale or exchange is not in the best interest of the tribe or is not in compliance with the tribal land consolidation plan--,

(1) if an Indian dies intestate, the surviving non-Indian or nonmember spouse and/or children shall be entitled to a life estate in as much of the trust or restricted lands as he, she or they would have been entitled to take under existing law;

(2) if an intestate Indian decedent has no heir to whom interests in trust or restricted lands may pass, such interests shall escheat to the tribe, subject to any non-Indian or nonmember spouse and/or children's rights as described in paragraph (1) of this section;

(3) if an Indian decedent has devised interests in trust or restricted lands to persons who are ineligible for such an inheritance by reason of a tribal ordinance enacted pursuant to this section, the devise shall be voided only if, while the estate is pending before the Secretary for probate, the tribe acquires such interests by paying to the Secretary, on behalf of the devises, the fair market value of such interests as determined by the Secretary as of the date of the decedent's death: Provided, That any non-Indian or nonmember spouse and/or children of such decedent who have been devised such interests may retain, at their option, a life estate in such interests, or be compensated by the tribe for the value of such intersts.

Sec. 207. // 25 USC 2206. // No undivided fractional interest in any tract of trust or restricted land within a tribe's reservation or otherwise subjected to a tribe's jurisdiction shall descedent by intestacy or devise but shall escheat to that tribe if such interest represents 2 per centum or less of the total acreage in such tract and has earned to its owner less than $100 in the preceding year before it is due to escheat.

Sec. 208. // 25 USC 2207. // The Secretary in carrying out his responsibility to regulate the descent and distribution of trust lands under section 1 of the Act of June 25, 1910 (36 Stat. 855; 25 U.S.C. 372) as amended, and other laws, shall give full faith and credit to any tribal actions taken pursuant to section 206 of this title, which provision shall apply only to estates of decedent's whose deaths occur on or after the effective date of tribal ordinances adopted pursuant to this title.

Sec. 209. // 25 USC 2208. // The Secretary shall have the authority to issue deeds, patents, or such other instruments of conveyance needed to effectuate a sale or exchange of tribal lands made pursuant to the terms of this title and to remove, at the request of an Indian owner, the trust status of individually held lands or interests therein, where authorized by law.

Sec. 210. // 25 USC 2209. // Title to any land acquired under this title by any Indian or Indian tribe shall be taken in trust by the United States for that Indian or Indian tribe.

Sec. 211. // 25 USC 2210. // All lands or interests in land acquired by the United States for an Indian or Indian tribe under authority of this title shall be exempt from Federal, State and local taxation.

Approved January 12, 1983.

LEGISLATIVE HISTORY-S. 503:

HOUSE REPORT No. 97 - 908 (Comm. on Interior and Insular Affairs).

SENATE REPORT No. 97 - 507 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD, Vol. 128 (1982):

Aug. 20, considered and passed Senate.

Dec. 6, considered and passed House, amended.

Dec. 19, Senate agreed to House amendments with amendments.

Dec. 20, House concurred in Senate amendments.

PUBLIC LAW 97-458, 96 STAT. 2512

97th CONGRESS, H.R. 3731 JANUARY 12, 1983
An Act To amend the Act of October 19, 1973 (87 Stat. 466),

relating to the use or distribution

of certain judgment funds awarded by the Indian

Claims Commission or the Court

of Claims.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 2 of the Act of October 19, 1973 (87 Stat. 466; 25 U.S.C. 1401 et seq.) is amended to read as follows:

" Sec. 2 (a) Within one year after appropriation of funds to pay a judgment of the Indian Claims Commission or the Court of Claims to any Indian tribe, the Secretary of the Interior shall prepare and submit to Congress a plan for the use and distribution of the funds. Such plan shall include identification of the present-day beneficiaries, a formula for the division of the funds among two or more beneficiary entities if such is warranted, and a proposal for the use and distribution of the funds. The Secretary shall simultaneously submit a copy of such plan to each affected tribe or group.

"(b) With respect to judgments, for which funds have been appropriated prior to the enactment of this amended section, but for which use or distribution has not been authorized by enactment of legislation or by an effective plan under this Act, the Secretary shall prepare and submit such plans within one year of the enactment of this amended section.

"(c) In any case where the Secretary determines that the circumstances do not permit the preparation and submission of a plan as provided in this Act, he shall submit to the Congress within the one--, year period proposed legislation to authorize use or distribution of such funds, together with a report thereon.

"(d) In cases where the Secretary has to submit a plan dividing judgment funds between two or more beneficiary entities, he shall obtain the consent of the tribal governments involved to the proposed division. If the Secretary cannot obtain such consent within one hundred and eighty days after appropriation of the funds for the award or within one hundred and eighty days of the enactment of this amended section, he shall submit proposed legislation to the Congress as provided in section 2(c).

"(e) An extension of the one-year period, not to exceed one hundred and eighty days, may be requested by the Secretary or by the affected Indian tribe, submitting such request to the committees through the Secretary, and any such request will be subject to the approval of both the Senate Select Committee on Indian Affairs and the United States House of Representatives Committee on Interior and Insular Affairs.".

Sec. 2. (a) Section 3(b)(3) of said Act // 25 USC 1403. // is hereby amended by adding at the end thereof the following proviso: " Provided, That such funds may be disbursed to the parents or legal guardian of such minors or legal incompetents in such amounts as may be necessary for the minor or legal incompetent's health, education, welfare, or emergencies under a plan or plans approved by the Secretary and the tribal governing body of the Indian tribe involved.". Such plan or plans shall be limited to urgent needs arising from extenuating circumstances and shall accord with general principles governing administration of trust funds of minors and legal incompetents, including a requirement for strict accounting for expenditures.

(b) Clause (5) of section 3(b) of said Act // 25 USC 1403. // is hereby striking out "warrant otherwise" and inserting in lieu thereof the following: "warrant otherwise: Provided, That in the development of such plan the Secretary shall survey past and present plans of the tribe for economic development, shall consider long range benefits which might accrue to the tribe from such plans, and shall encourage programing of funds for economic development purposes where appropriate.".

Sec. 3. (a) Subsection (a) of section 5 of said Act // 25 USC 1405. // is amended by deleting "either House adopts a resolution" and inserting in lieu thereof "a joint resolution is enacted".

(b) Subsection (b) of section 5 of said Act is amended by deleting "adoption of a resolution" and inserting in lieu thereof "enactment of a joint resolution".

(c) Section 5 of said Act is amended by adding the following new subsections at the end thereof:

"(c) Within the sixty-day period and before the adoption of any resolution disapproving a plan, the Secretary may withdraw or amend such plan: Provided, That any amendments affecting the division of an award between two or more beneficiary entities shall be subject to the consent of these entities as provided in section 2(d) of this Act. Any such amended plan shall become valid at the end of a sixty-day period beginning on the day such amendment is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan as amended.

"(d) Once a plan is withdrawn before the end of a sixty-day period, the Secretary has until the expiration of the original one-year deadline to resubmit a plan to Congress. Such a plan shall become valid at the end of a sixty-day period beginning on the day such new plan is submitted to the Congress, unless during such sixty-day period, a joint resolution is enacted disapproving such plan.

"(e) Upon the introduction of the first such resolution of disapproval in either the House of Representatives or the Senate, the sixty-day period shall be recomputed from the date of such introduction and shall not again be extended.".

Sec. 4. Section 7 of said Act // 25 USC 1407. // is amended to read as follows:

" Sec. 7. None of the funds which--,

"(1) are distributed per capita or held in trust pursuant to a plan approved under the provisions of this Act, or

"(2) on the date of enactment of this Act, are to be distributed per capita or are held in trust pursuant to a plan approved by the Congress prior to the date of enactment of this Act, or

"(3) were distributed pursuant to a plan approved by Congress after December 31, 1981 but prior to the date of enactment of this Act, and any purchases made with such funds,

including all interest and investment income accrued thereon while such funds are so held in trust, shall be subject to Federal or State income taxes, nor shall such funds nor their availability be considered as income or resources nor otherwise utilized as the basis for denying or reducing the financial assistance or other benefits to which such household or member would otherwise be entitled under the Social Security Act // 42 USC 1305. // or, except for per capita shares in excess of $2,000, any Federal or federally assisted program.

" Sec. 8. Interests of individual Indians in trust or restricted lands shall not be considered a resource in determining eligibility for assistance under the Social Security Act // 25 USC 1408. // or any other Federal or federally assisted program.".

Approved January 12, 1983.

LEGISLATIVE HISTORY- H.R. 3731:

HOUSE REPORT No. 97 - 340 (Comm. on Interior and Insular Affairs).

SENATE REPORT No. 97 - 658 (Comm. on Indian Affairs).

CONGRESSIONAL RECORD, Vol. 127 (1981):

Dec. 15, considered and passed House.

Dec. 19, considered and passed Senate, amended.

Dec. 20, House concurred in Senate amendments.

PUBLIC LAW 97-457, 96 STAT. 2507

97th CONGRESS, S.J. RES. 271 JANUARY 12, 1983
Joint Resolution To make technical corrections in certain banking and

related statutes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

Section 1. (a) Section 13(c)(5)(A) of the Federal Deposit Insurance Act (12 U.S.C. 1823(c)(5)(A)), as added by section 111 of Public Law 97 - 320, is amended by inserting "or dividends" after "interest".

(b) The amendment made by subsection (a) // 12 USC 1823. // shall be deemed to have taken effect upon the enactment of Public Law 97 - 320.

Sec. 2. Section 5(o)(1) of the Home Owners' Loan Act of 1933 (12 U. S.C. 1464(o)(1)), as added by section 112 of Public Law 97 - 320, is amended by inserting "examination," after "operation,".

Sec. 3. The last sentence of section 26(a) of the Federal Deposit Insurance Act (12 U.S.C. 1831c(a)), as added by section 113(p) of Public Law 97 - 320, is amended by striking out " Depository Institutions Amendments" and inserting in lieu thereof " Garn-St Germain Depository Institutions Act".

Sec. 4. Section 13(f)(1) of the Federal Deposit Insurance Act (12 U.S.C. 1823(f)(1)), as added by section 116 of Public Law 97 - 320, is amended by striking out "paragraphs" both places it appears and inserting in lieu thereof "paragraph".

Sec. 5. Section 406(c)(3) of the National Housing Act (12 U.S.C. 1729(c)(3)), as amended by section 122(f) of Public Law 97 - 320, is amended by striking out "paragraphs (1) or (2)" and inserting in lieu thereof "paragraph (1) or (2)".

Sec. 6. Section 408(l) of the National Housing Act (12 U.S.C. 1730a(1)) is amended by striking out "mergers or acquisitions approved under subsection (e)(2)" and inserting in lieu thereof "any transaction approved under subsection (e)(2) or (m)".

Sec. 7. (a) Section 408(m)(1)(A)(i) of the National Housing Act (12 U.S.C. 1730a(m)(1)(A)(i)), as added by section 123 of Public Law 97 - 320, is amended by striking out "subsections (e) (2) and (1)" and inserting in lieu thereof "subsections (e) (2) and (l)".

(b) Section 408(m)(1)(B)(iii) of such Act is amended by striking out " Board of Directors" each place it appears and inserting in lieu thereof " Federal Home Loan Bank Board".

Sec. 8. The second sentence of section 17(a) of the Federal Home Loan Bank Act (12 U.S.C. 1437(a)), as amended by section 127 of Public Law 97 - 320, is amended--,

(1) by striking out "the Administrative Procedure Act" and inserting in lieu thereof "section 553 of title 5, United States Code"; and

(2) by striking out "such Act" and inserting in lieu thereof "section 554 of such title".

Sec. 9. (a) Section 406(f)(5)(C)(ii) of the National Housing Act (12 U.S.C. 1729(f)(5)(C)(ii)), as added by section 202 of Public Law 97 - 320, is amended by striking out "if" the second place it appears.

(b)(1) Section 406(f)(5)(I) of such Act (12 U.S.C. 1729(f)(5)(I)), as added by section 202 of Public Law 97 - 320, is amended by inserting "or dividends" after "interest".

(2) The amendment made by paragraph (1) // 12 USC 1729. // shall be deemed to have taken effect upon the enactment of Public Law 97 - 320.

Sec. 10. (a) Section 13(i)(9) of the Federal Deposit Insurance Act (12 U.S.C. 1823(i)(9)), as added by section 203 of Public Law 97 - 320, is amended by inserting "or dividends" after "interest".

(b) The amendment made by subsection (a) // 12 USC 1823. // shall be deemed to have taken effect upon the enactment of Public Law 97 - 320.

Sec. 11. Section 206 of Public Law 97 - 320 is amended to read as follows:

" SUNSET PROVISION

" Sec. 206. (a) Upon the expiration of three years after the date of enactment of this Act, // 12 USC 1729, 1823, 1729. // section 406( f)(5) of the National Housing Act and section 13(i) of the Federal Deposit Insurance Act are repealed.

"(b) The repeal by subsection (a) shall have no effect on any action taken or authorized pursuant to the amendments made by this title by or for a qualified institution while such amendments were in effect and while net worth certificates issued pursuant to these amendments are outstanding.".

Sec. 12. The first sentence of section 5(b)(1)(B) of the Home Owners' Laon Act of 1933 (12 U.S.C. 1464(b)(1)(B)), as amended by section 312 of Public Law 97 - 320, is amended by inserting "may accept a demand account from itself and" after " An association".

Sec. 13. Section 204 of the Depository Institutions Deregulation Act of 1980 (12 U.S.C. 3503), as amended by section 327 of Public Law 97 - 320, is amended by adding at the end thereof the following:

"(4) The transitional adjustment provisions in section 19(b)(8) of the Federal Reserve Act, // 12 USC 461. // providing for the phase-in of reserve requirements, shall not apply to an account or accounts established pursuant to this subsection.".

Sec. 14. (a)(1) Section 5(c)(3) of the Home Owners' Loan Act of 1933 (12 U.S.C. 1464(c)(3)) is amended by adding at the end thereof the following:

"(D) Construction loans without security.-Investments not exceeding the greater of (i) the sum of its surplus, undivided profits, and reserves, or (ii) 5 per centum of the assets of the association, in loans the principal purpose of which is to provide financing with respect to what is or is expected to become primarily residential real estate where (I) the association relies substantially for repayment on the borrower's general credit standing and forecast of income without other security, or (II) the association relies on other assurances for repayment, including but not limited to a guaranty or similar obligation of a third party. Investments under this subsection shall not be included in any percentage of assets or other percentage referred to in this subsection.".

(2) The amendment made by paragraph (1) // 12 USC 1464. // shall be deemed to have taken effect upon the enactment of Public Law 97 - 320.

(b) Section 5(r)(2)(B) of the Home Owners' Loan Act of 1933 (12 U.S. C. 1464(r)(2)(B)), as added by section 334 of Public Law 97 - 320, is amended by striking out " Depository Institutions Amendments" and inserting in lieu thereof " Garn-St Germain Depository Institutions Act".

Sec. 15. Section 352 of Public Law 97 - 320, is amended by inserting " Home" after " Federal" the first place it appears.

Sec. 16. Section 6(m) of the Federal Home Loan Bank Act (12 U.S.C. 1426(m)), as added by section 355(b) of Public Law 97 - 320, is amended by striking out " Banks" and inserting in lieu thereof "banks or in connection with obtaining a charter from the Federal Home Loan Bank Board".

Sec. 17. (a) Section 5200(b)(1) of the Revised Statutes (12 U.S.C. 84), as amended by section 401 of Public Law 97 - 320, is amended by inserting a comma before "to the extent specified by the Comptroller of the Currency".

(b) Section 11(m) of the Federal Reserve Act (12 U.S.C. 248(m)) is amended by striking out in the first sentence "under paragraph (8) of section 5200 of the Revised Statutes, as amended (U.S.C., Supp. VII, title 12, sec. 84)" and inserting in lieu thereof "under section 5200( c)(4) of the Revised Statutes".

Sec. 18. The last proviso of section 5136 Seventh of the Revised Statutes (12 U.S.C. 24 Seventh), as amended by section 404(b) of Public Law 97 - 320, is amended by striking out "10 per centum of its" and inserting in lieu thereof "10 per centum of the association's".

Sec. 19. (a) Section 2(b) of the Act of May 1, 1886 (12 U.S.C. 30( b)), as amended by section 405(a) of Public Law 97 - 320, is amended by inserting "for a relocation outside such limits" after "stock of such association".

(b) The first sentence of section 5154 of the Revised Statutes (12 U.S.C. 35) is amended by striking out "with any name approved by the Comptroller of the Currency" and inserting in lieu thereof "with a name that contains the word 'national'".

Sec. 20. (a) Section 406 of Public Law 97 - 320 is amended to read as follows:

" VENUE PROVISIONS

" Sec. 406. The last sentence of section 5198 of the Revised Statutes (12 U.S.C. 94) is amended to read as follows: ' Any action or proceeding against a national banking association for which the Federal Deposit Insurance Corporation has been appointed receiver, or against the Federal Deposit Insurance Corporation as receiver of such association, shall be brought in the district or territorial court of the United States held within the district in which that association's principal place of business is located, or, in the event any State, county, or municipal court has jurisdiction over such an action or proceeding, in such court in the county or city in which that association's principal place of business is located.'".

(b) The amendment made by subsection (a) shall be deemed to have taken effect upon the enactment of Public Law 97 - 320. // 12 USC 94. //

Sec. 21. Section 4(b)(1) of the Act of March 9, 1933 (12 U.S.C. 95( b)(1)), as amended by section 407 of Public Law 97 - 320, is amended by inserting "a State or" before "a State official".

Sec. 22. Section 23 A(d) of the Federal Reserve Act (12 U.S.C. 371c(d)), as amended by section 410(b) of Public Law 97 - 320, is amended--,

(1) by striking out "except for the purchase of a low-quality asset which is prohibited" in paragraph (1) and inserting in lieu thereof "subject to the prohibition contained in subsection (a)( 3)"; and

(2) by striking out "purchasing loans on a nonrecourse basis from affiliated banks" in paragraph (6) and inserting in lieu thereof ", subject to the prohibition contained in subsection (a)(3), purchasing loans on a nonrecourse basis from affiliated banks".

Sec. 23. (a) Section 412 of Public Law 97 - 320 is amended to read as follows:

" VISTORIAL POWERS

" Sec. 412. The fifth paragraph of section 5240 of the Revised Statutes (12 U.S.C. 484) is amended to read as follows:

"'(A) No national bank shall be subject to any visitorial powers except as authorized by Federal law, vested in the courts of justice or such as shall be, or have been exercised or directed by Congress or by either House thereof or by any committee of Congress or of either House duly authorized.

"'(B) Notwithstanding subparagraph (A), lawfully authorized State auditors and examiners may, at reasonable times and upon reasonable notice to a bank, review its records solely to ensure compliance with applicable State unclaimed property or escheat laws upon reasonable cause to believe that the bank has failed to comply with such laws.'".

(b) The amendment made by subsection (a) // 12 USC 484. // shall be deemed to have taken effect upon the enactment of Public Law 97 - 320.

Sec. 24. Section 424(g) of Public Law 97 - 320 is amended by striking out "688" and inserting in lieu thereof "668".

Sec. 25. Section 107(5)(A)(i) of the Federal Credit Union Act (12 U.S.C. 1757(5)(A)(i)), as amended by section 507 of Public Law 97 - 320, is amended by striking out " Association" and inserting in lieu thereof " Administration".

Sec. 26. Section 107(7) of the Federal Credit Union Act (12 U.S.C. 1757(7)), as amended by section 514 of Public Law 97 - 320, is amended--,

(1) by striking out "and" before "(J)";

(2) by striking out "(L)" and inserting in lieu thereof "(K)"; and

(3) by striking out "; and" at the end thereof and inserting in lieu thereof a period.

Sec. 27. The next to the last sentence of section 124 of the Federal Credit Union Act (12 U.S.C. 1770), as amended by section 515 of Public Law 97 - 320, is amended by inserting "of" after "installation".

Sec. 28. Section 113 of the Federal Credit Union Act (12 U.S.C. 1761b), as amended by section 522 of Public Law 97 - 320, is amended--,

(1) by striking out "directions" and inserting in lieu thereof "direction";

(2) by striking out "unions" in paragraph (2) and inserting in lieu thereof "union";

(3) by inserting "by" after "interest paid" in paragraph (9); and

(4) by striking out "meetings" in paragraph (15) and inserting in lieu thereof "meeting".

Sec. 29. Section 202(c) of the Federal Credit Union Act (12 U.S.C. 1782(c)), as amended by section 529 of Public Law 97 - 320, is amended by striking out "paragraphs (2) and (3)" in paragraph (1) and inserting in lieu thereof "paragraph (2)".

Sec. 30. The first sentence of section 4(c)(8) of the Bank Holding Company Act of 1956 (12 U.S.C. 1843(c)(8)), as amended by section 601 of Public Law 97 - 320, is amended--,

(1) by inserting ": Provided, however, That such a bank holding company and its subsidiaries may not engage in the sale of life insurance or annuities except as provided in subparagraph (A), (B), or (C)" before "; or (G)"; and

(2) by striking out the proviso at the end thereof.

Sec. 31. Section 701(c) of Public Law 97 - 320 is amended--,

(1) by striking out "both"; and

(2) by inserting ", on," after "prior to".

Sec. 32. (a) Section 1(b)(4) of the Bank Service Corporation Act (12 U.S.C. 1861(b)(4)), as amended by section 709 of Public Law 97 - 320, is amended--,

(1) by striking out "or another" after "insured bank," and inserting in lieu thereof "a"; and

(2) by inserting before the final semicolon the following: ", or a financial institution the accounts or deposits of which are insured or guaranteed under State law and are eligible to be insured by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, or the National Credit Union Administration Board".

(b) The Bank Service Corporation Act, as amended by section 709 of Public Law 97 - 320, is amended--,

(1) by striking out "the Financial Institutions Supervisory Act of 1966 (12 U.S.C. 1818(b) et seq.)" in section 7(b) and inserting in lieu thereof the following: "section 8 of the Federal Deposit Insurance Act (12 U.S.C. 1818)"; and

(2) by striking out "under this Act" in subsections (d) and (e) of section 4 and inserting in lieu thereof "under the law of the United States".

Sec. 33. Section 414(a) of the National Housing Act (12 U.S.C. 1730c) // 12 USC 1730g. // is amended by inserting "(which, for the purpose of this section, shall include a Federal association the deposits of which are insured by the Federal Deposit Insurance Corporation)" after "insured institution" the first place it appears.

Approved January 12, 1983.

LEGISLATIVE HISTORY-S.J. Res. 271:

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 16, considered and passed Senate.

Dec. 21, considered and passed House, amended; Senate agreed to House amendments.

PUBLIC LAW 97-456, 96 STAT. 2503

97th CONGRESS, H.R. 6094 JANUARY 12, 1983
An Act To authorize appropriations for the United States

International Trade Commission,

the United States Customs Service, and the Office

of the United States Trade

Representative for fiscal year 1983, and for other

purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. UNITED STATES INTERNATIONAL TRADE COMMISSION.

(a) Authorization of Appropriations.--Paragraph (2) of section 330( e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended to read as follows:

"(2) There are authorized to be appropriated to the Commission for necessary expenses for fiscal year 1983 not to exceed $19,737,000. No part of any sum that is appropriated under the authority of this paragraph may be used by the Commission for the making of any special study, investigation, or report that is requested by any agency of the executive branch unless that agency reimburses the Commission for the cost thereof.".

(b) Acceptance of Gifts, Devises, and Bequests for Use of the Commission.--Subsection (a)(1) of section 331 of the Tariff Act of 1930 (19 U.S.C. 1331(a)(1)) is amended to read as follows:

"(a)(1)(A) Except as provided in paragraph (2), the chairman of the Commission shall--,

"(i) appoint and fix the compensation of such employees of the Commission as he deems necessary (other than the personal staff of each commissioner), including the secretary,

"(ii) procure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, and

"(iii) exercise and be responsible for all other administrative functions of the Commission.

"(B) The chairman of the Commission may accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Commission.

"(C) Any decision by the chairman under subparagraph (A) or (B) shall be subject to disapproval by a majority vote of all the commissioners in office.".

SEC. 2. UNITED STATES CUSTOMS SERVICE.

Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (92 Stat. 905; 19 U.S.C. 2075) is amended--,

(1) by striking out " For" and inserting in lieu thereof "(a) For"; and

(2) by inserting at the end thereof the following new subsections:

"(b) There are authorized to be appropriated to the Department of the Treasury not to exceed $564,224,000 for the salaries and expenses of the United States Customs Service for fiscal year 1983, of which not to exceed $31,464,000 is for salary and expenses for the enforcement of the alcohol and tobacco revenue laws.

"(c) No part of any sum that is appropriated under the authority of subsection (b) may be used to implement any procedure relating to the time of collection of estimated duties that shortens the maximum 10-day deferment procedure in effect on January 1, 1981.

"(d) For the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury for salaries of the United States Customs Service such additional sums as may be provided by law to reflect pay rate changes made in accordance with the Federal Pay Comparability Act of 1970.". // 5 USC 5301 //

SEC. 3. OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE.

(a) Authorization of Appropriations.--Subsection (f) of section 141 of the Trade Act of 1974 (19 U.S.C. 2171(f)) is amended to read as follows:

"(f)(1) There are authorized to be appropriated to the Office for the purpose of carrying out its functions $11,100,000 for fiscal year 1983; of which not to exceed $65,000 may be used for entertainment and representation expenses.

"(2) For the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, there are authorized to be appropriated to the Office for the salaries of its officers and employees such additional sums as may be provided by law to reflect pay rate changes made in accordance with the Federal Pay Comparability Act of 1970.".

(b) Functions and Powers of the Office of the United States Trade Representative.--Section 141 of the Trade Act of 1974 is amended--,

(1) by redesignating paragraph (2) of subsection (c) as paragraph (3) of subsection (c) and by inserting immediately after subsection (c)(1) the following new paragraph:

"(2) The United States Trade Representative may--,

"(A) delegate any of his functions, powers, and duties to such officers and employees of the Office as he may

designate;

and

"(B) authorize such successive redelegations of such

functions,

powers, and duties to such officers and employees of

the Office as he may deem appropriate.";

(2) by inserting ", powers and duties" after "functions" in subsection (d)(3);

(3) by striking out "and" at the end of subsection (d)(6);

(4) by striking out the period at the end of subsection (d)(7) and inserting in lieu thereof a semicolon; and

(5) by adding after subsection (d)(7) the following:

"(8) pay for expenses approved by him for official travel without regard to the Federal Travel Regulations or to the provisions of subchapter I of chapter 57 of title 5, United States Code

// 5 USC 5701 //

(relating to rates of per diem allowances in lieu of subsistence expenses);

"(9) accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding or facilitating the work of the Office; and

"(10) acquire, by purchase or exchange, not more than two passenger motor vehicles for use abroad, except that no vehicle may be acquired at a cost exceeding $9,500.".

(c) Additional Deputy United States Trade Representative.--, Paragraph (2) of section 141(b) of the Trade Act of 1974 (19 U.S.C. 2171(b)(2)) is amended by striking out "two Deputy Special Representatives for Trade Negotiations" and inserting in lieu thereof "three Deputy United States Trade Representatives".

(d) Conforming Amendments.--,

(1) Subsections (b)(3), (g), and (h) of section 141 of the Trade Act of 1974

// 5 USC 5312, 5314, 19 USC 2171. //

are hereby repealed.

(2) Section 141 of the Trade Act of 1974 is further amended--,

(A) by striking out "a Deputy Special Representative"

in

subsection (b)(2) and inserting in lieu thereof "a

Deputy

United States Trade Representative";

(B) by striking out " Deputy Special Representative for Trade Negotiations" in subsection (b)(2) and

inserting in

lieu thereof " Deputy United States Trade

Representative";

(C) by striking out " Deputy Special Representative for Trade Negotiation" in subsection (c)(3), as

redesignated by

this Act, and inserting in lieu thereof " Deputy

United

States Trade Representative"; and

(D) by striking out " Special Representative for Trade Negotiations" each place it appears in the text and

heading

thereof and inserting in lieu thereof " United States

Trade

Representative".

(3) The chapter heading for chapter 4 of title I of the Trade Act of 1974 is amended to read as follows:

" CHAPTER 4--OFFICE OF THE UNITED STATES TRADE REPRESENTATIVE".

(4) The table of contents of the Trade Act of 1974 is amended by striking out the item relating to chapter 4 of title I and inserting in lieu thereof the following:

" Chapter 4--Office of the United States Trade

Representative

"sec. 141. Office of the United States Trade Representative.".

(5) Section 5312 of title 5, United States Code, is amended by striking out the paragraph relating to the Special Representative for Trade Negotiations and inserting in lieu thereof the following paragraph:

" United States Trade Representative.".

(6) Section 5314 of title 5, United States Code, is amended by striking out the paragraph relating to the Deputy Special Representatives for Trade Negotiations and inserting in lieu thereof the following paragraph:

" Deputy United States Trade Representatives (3).".

Approved January 12, 1983.

LEGISLATIVE HISTORY-- H.R. 6094 (S. 2555):

HOUSE REPORTS: No. 97 - 497 (Comm. on Ways and Means) and No. 97 - 988 (Comm. of Conference).

SENATE REPORT No. 97 - 410 accompanying S. 2555 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 128 (1982):

June 16, considered and passed House.

Sept. 30, considered and passed Senate, amended.

Dec. 21, House agreed to conference report and Senate agreed to conference report.

PUBLIC LAW 97-455, 96 STAT. 2497

97th CONGRESS, H.R. 7093 JANUARY 12, 1983
An Act To amend the Internal Revenue Code of 1954 to reduce

the rate of certain taxes paid

to the Virgin Islands on Virgin Islands source

income, to amend the Social Security

Act to provide for a temporary period that payment of

disability benefits may

continue through the hearing stage of the appeals

process, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. INCOME TAX RATE ON VIRGIN ISLANDS SOURCE INCOME.

(a) In General.-Subpart D of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1954 (relating to possessions) is amended by inserting after section 934 the following new section:

" SEC. 934 A. // 26 USC 934 A. // INCOME TAX RATE ON VIRGIN ISLANDS SOURCE INCOME.

"(a) General Rule.-For purposes of determining the tax liability incurred by citizens and resident alien individuals of the United States, and corporations organized in the United States, to the Virgin Islands pursuant to this title with respect to amounts received from sources within the Virgin Islands--,

"(1) the taxes imposed by sections 871(a)(1) and 881 (as made applicable to the Virgin Islands) shall apply except that '10 percent' shall be substituted for '30 percent', and

"(2) subsection (a) of section 934 shall not apply to such taxes.

"(b) Subsection (a) Rates Not To Apply to Pre-Effective Date Earnings.--,

"(1) In general.-Any change under subsection (a)(1), and any reduction under section 934 pursuant to subsection (a)(2), in a rate of tax imposed by section 871(a)(1) or 881 shall not apply to dividends paid out of earnings and profits accumulated for taxable years beginning before the effective date of the change or reduction.

"(2) Ordering rule.-For purposes of paragraph (1), dividends shall be treated as first being paid out of earnings and profits accumulated for taxable years beginning before the effective date of the change or reduction (to the extent thereof)."

(b) Withholding.-Subchapter A of chapter 3 of such Code (relating to withholding of tax on nonresident aliens and foreign corporations) is amended by adding at the end thereof the following new section:

" SEC. 1444. // 26 USC 1444. // WITHHOLDING ON VIRGIN ISLANDS SOURCE INCOME.

" For purposes of determining the withholding tax liability incurred in the Virgin Islands pursuant to this title (as made applicable to the Virgin Islands) with respect to amounts received from sources within the Virgin Islands by citizens and resident alien individuals of the United States, and corporations organized in the United States, the rate of withholding tax under section 1441 and 1442 on income subject to tax under section 871(a)(1) or 881 (as modified by section 934 A) shall not exceed the rate of tax on such income under section 871(a)(1) or 881, as the case may be."

(c) Technical Amendment.-Subsection (a) of section 934 of such Code // 26 USC 934. // is amended by inserting before the period at the end thereof "or in section 934 A".

(d) Clerical Amendments.--,

(1) The table of sections for subpart D of part III of subchapter N of chapter 1 of such Code is amended by inserting after the item relating to section 934 the following new item:

" Sec. 934 A. Income tax rate on Virgin Islands source income."

(2) The table of sections for subchapter A of chapter 3 of such Code is amended by adding at the end thereof the following new item:

" Sec. 1444. Withholding on Virgin Islands source income."

(e) Effective Dates.--,

(1) In general.-Except as provided in paragraph (2), the amendments made by this section

// 26 USC 934 A. //

shall apply to amounts received after the date of the enactment of this Act in taxable years ending after such date.

(2) Withholding.-The amendment made by subsection (b) shall apply to payments made after the date of the enactment of this Act.

SEC. 2. CONTINUED PAYMENT OF DISABILITY BENEFITS DURING APPEAL.

Section 223 of the Social Secruity Act // 42 USC 423. // is amended by adding at the end thereof the following new subsection:

" Continued Payment of Disability Benefits During Appeal

"(g)(1) In any case where--,

"(A) an individual is a recipient of disability insurance benefits, or of child's, widow's, or widower's insurance benefits based on disability,

"(B) the physical or mental impairment on the basis of which such benefits are payable is found to have ceased, not to have existed, or to no longer be disabling, and as a consequence such individual is determined not to be entitled to such benefits, and

"(C) a timely request for a hearing under section 221(d),

// 42 USC 421. //

or for an administrative review prior to such hearing, is pending with respect to the determination that he is not so entitled,

such individual may elect (in such manner and form and within such time as the Secretary shall by regulations prescribe) to have the payment of such benefits, and the payment of any other benefits under this Act based on such individual's wages and self-employment income (including benefits under title XVIII), continued for an additional period beginning with the first month beginning after the date of the enactment of this subsection for which (under such determination) such benefits are no longer otherwise payable, and ending with the earlier of (i) the month preceding the month in which a decision is made after such a hearing, (ii) the month preceding the month in which no such request for a hearing or an administrative review is pending, or (iii) June 1984.

"(2)(A) If an individual elects to have the payment of his benefits continued for an additional period under paragraph (1), and the final decision of the Secretary affirms the determination that he is not entitled to such benefits, any benefits paid under this title pursuant to such election (for months in such additional period) shall be considered overpayments for all purposes of this title, except as otherwise provided in subparagraph (B).

"(B) If the Secretary determines that the individual's appeal of his termination of benefits was made in good faith, all of the benefits paid pursuant to such individual's election under paragraph (1) shall be subject to waiver consideration under the provisions of section 204. // 42 USC 404. //

"(3) The provisions of paragraphs (1) and (2) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made--,

"(A) on or after the date of the enactment of this subsection, or prior to such date but only on the basis of a timely request for a hearing under section 221(d),

// 42 USC 421. //

or for an administrative review prior to such hearing, and

"(B) prior to October 1, 1983.".

SEC. 3. PERIODIC REVIEWS OF DISABILITY CASES.

Section 221(i) of the Social Security Act // 42 USC 421. // is amended--,

(1) by inserting "(1)" after "(i)";

(2) by inserting ", subject to paragraph (2)" after "at least every 3 years"; and

(3) by adding at the end thereof the following new paragraph:

"(2) The requirement of paragraph (1) that cases be reviewed at least every 3 years shall not apply to the extent that the Secretary determines, on a State-by-State basis, that such requirement should be waived to insure that only the appropriate number of such cases are reviewed. The Secretary shall determine the appropriate number of cases to be reviewed in each State after consultation with the State agency performing such reviews, based upon the backlog of pending reviews, the projected number of new applications for disability insurance benefits, and the current and projected staffing levels of the State agency, but the Secretary shall provide for a waiver of such requirement only in the case of a State which makes a good faith effort to meet proper staffing requirements for the State agency and to process case reviews in a timely fashion. The Secretary shall report annually to the Committee on finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the determinations made by the Secretary under the preceding sentence.".

(b) The amendments made by subsection (a) // 42 USC 421. // shall become effective on the date of the enactment of this Act.

SEC. 4. EVIDENTIARY HEARINGS IN RECONSIDERATIONS OF DISABILITY BENEFIT TERMINATIONS.

(a) In General.-Section 205(b) of the Social Security Act // 42 USC 405. // is amended--,

(1) by inserting "(1) after "(b)"; and

(2) by adding at the end thereof the following new paragraph:

"(2) In any case where--,

"(A) an individual is a recipient of disability insurance benefits, or of child's, widow's, or widower's insurance benefits based on disability,

"(B) the physical or mental impairment on the basis of which such benefits are payable is found to have ceased, not to have existed, or to no longer be disabling, and

"(C) as a consequence of the finding described in subparagraph (B), such individual is determined by the Secretary not to be entitled to such benefits,

any reconsideration of the finding described in subparagraph (B), in connection with a reconsideration by the Secretary (before any hearing under paragraph (1) on the issue of such entitlement) of his determination described in subparagraph (C), shall be made only after opportunity for an evidentiary hearing, with regard to the finding described in subparagraph (B), which is reasonably accessible to such individual. Any reconsideration of a finding described in subparagraph (B) may be made either by the State agency or the Secretary where the finding was originally made by the State agency, and shall be made by the Secretary where the finding was originally made by the Secretary. In the case of a reconsideration by a State agency of a finding described in subparagraph (B) which was originally made by such State agency, the evidentiary hearing shall be held by an adjudicatory unit of the State agency other than the unit that made the finding described in subparagraph (B). In the case of a reconsideration by the Secretary of a finding described in subparagraph (B) which was originally made by the Secretary, the evidentiary hearing shall be held by a person other than the person or persons who made the finding described in subparagraph (B).".

(b) Effective Date.-The amendments made by subsection (a) // 42 USC 405. // shall apply with respect to reconsiderations (of findings described in section 205(b)(2)(B) of the Social Security Act) which are requested on or after such date as the Secretary of Health and Human Services may specify, but in any event not later than January 1, 1984.

SEC. 5. // 42 USC 405. // CONDUCT OF FACE-TO-FACE RECONSIDERATIONS IN DISABILITY CASES.

The Secretary of Health and Human Services shall take such steps as may be necessary or appropriate to assure public understanding of the importance the Congress attaches to the face-to-face reconsiderations provided for in section 205(b)(2) of the Social Security Act (as added by section 4 of this Act). For this purpose the Secretary shall--,

(1) provide for the establishment and implementation of procedures for the conduct of such reconsiderations in a manner which assures that beneficiaries will receive reasonable notice and information with respect to the time and place of reconsideration and the opportunities afforded to introduce evidence and be represented by counsel; and

(2) advise beneficiaries who request or are entitled to request such reconsiderations of the procedures so established, of their opportunities to introduce evidence and be represented by counsel at such reconsiderations, and of the importance of submitting all evidence that relates to the question before the Secretary of the State agency at such reconsiderations.

SEC. 6. REPORT BY SECRETARY.

Section 221(i) of the Social Security Act (as amended by section 3 of this Act) is further amended by adding at the end thereof the following new paragraph:

"(3) The Secretary shall report semiannually to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the number of reviews of continuing disability carried out under paragraph (1), the number of such reviews which result in an initial termination of benefits, the number of requests for reconsideration of such initial termination or for a hearing with respect to such termination under subsection (d), or both, and the number of such initial terminations which are overturned as the result of a reconsideration or hearing.".

SEC. 7. OFFSET AGAINST SPOUSES' BENEFITS ON ACCOUNT OF PUBLIC PENSIONS.

(a) Additional Exemption.--,

(1) Section 334 of the Social Security Amendments of 1977 (Public Law 95 - 216)

// 42 USC 402. //

is amended by adding at the end thereof the following new subsection:

"(h) In addition, the amendments made by the preceding provisions of this section shall not apply with respect to any monthly insurance benefit payable, under subsection (b), (c), (e), (f), or (g) (as the case may be) of section 202 of the Social Security Act, // 42 USC 402. // to an individual--,

"(1) to whom there is payable for any month prior to July 1983 (or who is eligible in any such month for) a monthly periodic benefit (within the meaning of such provisions) based upon such individual's earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2) of the Social Security Act);

// 42 USC 418. //

and

"(2) who at the time of application for or initial entitlement to such monthly insurance benefit under such subsection (b), (c), (e), (f), or (g)--,

"(A) meets the dependency test of one-half support set forth in paragraph (1)(C) of such subsection (c) as it

read

prior to the enactment of the amendments made by this

section, or an equivalent dependency test (if the

individual

is a woman), in the case of an individual applying for

or

becoming entitled to benefits under such subsection (b)

or

(c), or

"(B) meets the dependency test of one-half support set forth in paragraph (1)(D) of such subsection (f) as it

read

prior to the enactment of the amendments made by this

section, or an equivalent dependency test (if the

individual

is a woman), in the case of an individual applying for

or

becoming entitled to benefits under such subsection

(e), (f),

or (g).".

(2) Section 334(f) of such Act

// 42 USC 402. //

is amended by striking out " The amendments" and inserting in lieu thereof " Subject to subsections (g) and (h), the amendments".

(b) Report by Secretary.-The Secretary of Health and Human Services shall conduct a study of the provisions of title II of the Social Security Act // 42 USC 401. // which require an offset against spouses' and surviving spouses' benefits on account of public pensions, as added by section 334 of the Social Security Amendments of 1977 // 91 Stat. 1544. // (taking into account the amendment made by subsection (a) of this section as well as the provisions of such section 334), and shall report to the Congress, no later than May 15, 1983, his recommendations for any permanent legislative changes in such provisions (or in the applicability of such provisions) which he may consider appropriate.

(c) Technical Amendments.-Subsections (b)(4)(A), (c)(2)(A), (e)(8)( A), (f)(2)(A) and (g)(4)(A) of section 202 of the Social Security Act // 42 USC 402. // are each amended by inserting "for purposes of this title" after "as defined in section 210".

(d) Effective Date.-The amendments made by subsections (a) and (c) of this section // 42 USC 402. // shall be effective with respect to monthly insurance benefits for months after November 1982.

Approved January 12, 1983.

LEGISLATIVE HISTORY-H.R. 7093:

HOUSE REPORTS: No. 97 - 833 (Comm. on Ways and Means) and No. 97 - 985 (Comm. of Conference).

SENATE REPORT No. 97 - 648 (Comm. on Finance).

CONGRESSIONAL RECORD, Vol. 128 (1982):

Sept. 20, considered and passed House.

Dec. 3, considered and passed Senate, amended.

Dec. 14, House concurred in Senate amendment, in another with an amendment, and disagreed to certain amendments.

Dec. 21, Senate and House agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983):

Jan. 12, Presidential statement.

PUBLIC LAW 97-454, 96 STAT. 2494

97th CONGRESS, H.R. 7410 JANUARY 12, 1983
An Act To amend title 13, United States Code, to transfer

responsibility for the quarterly

financial report from the Federal Trade Commission

to the Secretary of Commerce,

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) chapter 3 of title 13, United States Code, // 13 USC 101. // is amended--,

(1) by redesignating subchapter III as subchapter IV; and

(2) by inserting after subchapter II the following:

" SUBCHAPTER III-QUARTERLY FINANCIAL STATISTICS

" Section 91. // 13 USC 91. // Collection and publication

"(a) The Secretary shall collect and publish quarterly financial statistics of business operations, organization, practices, management, and relation to other businesses, including data on sales, expenses, profits, assets, liabilities, stockholders' equity, and related accounts generally used by businesses in income statements, balance sheets, and other measures of financial condition.

"(b) Except to the extent determined otherwise by the Secretary on the basis of changed circumstances, the nature of statistics collected and published under this section, and the manner of the collection and publication of such statistics, shall conform to the quarterly financial reporting program carried out by the Federal Trade Commission before the effective date of this section under section 6(b) of the Federal Trade Commission Act. // 15 USC 46. //

"(c) For purposes of section 6103(j)(1) of the Internal Revenue Code of 1954, the conducting of the quarterly financial report program under this section shall be considered as the conducting of a related statistical activity authorized by law.".

(b) The table of contents of chapter 3 of title 13, United States Code, is amended by striking out " III" in the item relating to subchapter III, and inserting " IV" in lieu thereof, and by inserting after the item relating to subchapter II the following:

" SUBCHAPTER III-QUARTERLY FINANCIAL STATISTICS

"91. Collection and publication.".

Sec. 2. (a) There are transferred to the Secretary of Commerce, for administration under section 91 of title 13, United States Code, // 13 USC 91. // all functions relating to the quarterly financial report program which was carried out by the Federal Trade Commission before the effective date of this Act pursuant to the authority of section 6( b) of the Federal Trade Commission Act (15 U.S.C. 46(b)).

(b) All personnel, property, and records of the Federal Trade Commission which the Director of the Office of Management and Budget determines, after consultation with the Secretary of Commerce and the Chairman of the Federal Trade Commission, to be employed, held, or used in connection with any function relating to the quarterly financial report program shall be transferred to the Department of Commerce. For purposes of sections 6103, 7213, and 7431, and other provisions of the Internal Revenue Code of 1954, return information (as defined in section 6103(b) of such Code) which is transferred under this subsection shall be treated as if it were furnished to the Bureau of the Census under section 6103(j)(1) of such Code solely for administering the quarterly financial report program under section 91 of title 13, United States Code. Such transfer shall be carried out not later than 90 days after the effective date of this Act.

Sec. 3. Not later than 180 days after the effective date of this Act, // 13 USC 23. // the Secretary of Commerce shall publish in the Federal register a statement of the policy and practices of the Bureau of the Census relating to the administration of section 23(c) of title 13, United States Code. Such statement shall include a description of--,

(1) the policy of the Secretary for the use of all individuals as temporary staff pursuant to such section 23(c) to assist the Bureau of the Census in performing work authorized under such title 13;

(2) the functions for which the Secretary, in his discretion, may appoint temporary staff to assist the Bureau in performing work authorized under such title 13;

(3) the practice applicable to the appointment of such temporary staff in performing such work;

(4) the requirements and penalties under such title applicable to temporary staff performing such work, together with safeguards to ensure that such temporary staff will observe the limitations imposed in section 9 of such title.

Sec. 4. (a) This Act shall take effect on the date of the enactment of this Act.

(b) This Act, // 13 USC 91. // including the amendments made by this Act, shall cease to have effect 7 years after such effective date.

(c) Not later than 2 years after such effective date, the Secretary of Commerce shall submit a report to the Congress regarding the administration of the program transferred by this Act. Such report shall describe--,

(1) the estimated respondent burden, including any changes in the estimated respondent burden after the transfer of such program;

(2) the application made by various public and private organizations of the information published under such program; and

(3) technical or administration problems encountered in carrying out such program.

Approved January 12, 1983.

LEGISLATIVE HISTORY-H.R. 7410:

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 17, considered and passed House.

Dec. 23, considered and passed Senate.

PUBLIC LAW 97-453, 96 STAT. 2481

97th CONGRESS, H.R. 5002 JANUARY 12, 1983
An Act To improve fishery conservation and management.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. AMENDMENT REFERENCE.

Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or subsection, the reference shall be considered to be made to a section or subsection of the Act entitled " An Act to provide for the conservation and management of the fisheries, and for other purposes", approved April 13, 1976 (90 Stat. 331 et seq., 16 U.S.C. 1801 et seq.).

SEC. 2. FOREIGN FISHING.

(a) Section 201 (16 U.S.C. 1821) is amended as follows:

(1) Subsection (c)(2)(D) is amended to read as follows:

"(D) United States observers required under subsection

(i)

be permitted to be stationed aboard any such vessel and

that all of the costs incurred incident to such

stationing,

including the costs of data editing and entry and

observer

monitoring, be paid for, in accordance with such

subsection,

by the owner or operator of the vessel;".

(2) Subsection (c)(4) is amended--,

(A) by striking out "and" at the end of subparagraph

(B);

(B) by striking out the period at the end of subparagraph (C) and inserting in lieu thereof ";and"; and (C) by adding at the end thereof the following new

subparagraph:

"(D) take, or refrain from taking, as appropriate,

actions

of the kind referred to in subsection (e)(1) in order

to receive

favorable allocations under such subsection.".

(3) The first sentence of subsection (d)(4) is amended by striking out "shall be allocated" in the matter following subparagraph (B) and inserting in lieu thereof "may be allocated".

(4) Subsection (e)(1) is amended to read as follows:

"(e) Allocation of Allowable Level.--(1)(A) The Secretary of State, in cooperation with the Secretary, shall determine the allocation among foreign nations of the total allowable level of foreign fishing which is permitted with respect to each fishery subject to the exclusive fishery management authority of the United States.

"(B) From the determinations made under subparagraph (A), the Secretary of State shall compute the aggregate of all of the fishery allocations made to each foreign nation.

"(C) The Secretary of State shall initially release to each foreign nation for harvesting up to 50 percent of the allocations aggregate computed for such nation under subparagraph (B), and such release of allocation shall be apportioned by the Secretary of State, in cooperation with the Secretary, among the individual fishery allocations determined for that nation under subparagraph (A). The basis on which each apportionment is made under this subparagraph shall be stated in writing by the Secretary of State.

"(D) After the initial release of fishery allocations under subparagraph (C) to a foreign nation, any subsequent release of an allocation for any fishery to such nation shall only be made--,

"(i) after the lapse of such period of time as may be sufficient for purposes of making the determination required under clause (ii); and

"(ii) if the Secretary of State and the Secretary, after taking into account the size of the allocation for such fishery and the length and timing of the fishing season, determine in writing that such nation is complying with the purposes and intent of this paragraph with respect to such fishery.

If the foreign nation is not determined under clause (ii) to be in such compliance, the Secretary of State shall reduce, in a manner and quantity he considers to be appropriate (I) the remainder of such allocation, or (II) if all of such allocation has been released, the next allocation of such fishery, if any, made to such nation.

"(E) The determinations required to be made under subparagraphs (A) and (D)(ii), and apportionments required to be made under subparagraph (C), with respect to a foreign nation shall be based on--,

"(i) whether, and to what extent, such nation imposes tariff barriers or nontariff barriers on the importation, or otherwise restricts the market access, of United States fish or fishery products;

"(ii) whether, and to what extent, such nation is cooperating with the United States in the advancement of existing and new opportunities for fisheries trade, particularly through the purchase of fish or fishery products from United States processors or from United States fishermen;

"(iii) whether, and to what extent, such nation and the fishing fleets of such nation have cooperated with the United States in the enforcement of United States fishing regulations;

"(iv) whether, and to what extent, such nation requires the fish harvested from the fishery conservation zone for its domestic consumption;

"(v) whether, and to what extent, such nation otherwise contributes to, or fosters the growth of, a sound and economic United States fishing industry, including minimizing gear conflicts with fishing operations of United States fishermen, and transferring harvesting or processing technology which will benefit the United States fishing industry;

"(vi) whether, and to what extent, the fishing vessels of such nation have traditionally engaged in fishing in such fishery;

"(vii) whether, and to what extent, such nation is cooperating with the United States in, and making substantial contributions to, fishery research and the identification of fishery resources; and

"(viii) such other matters as the Secretary of State, in cooperation with the Secretary, deems appropriate.".

(5)(A) Subsection (i) is amended--,

(i) by amending paragraph (3) to read as follows:

"(3) Observers, while stationed aboard foreign fishing vessels, shall carry out such scientific, compliance monitoring, and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this Act; and shall cooperate in carrying out such other scientific programs relating to the conservation and management of living resources as the Secretary deems appropriate."; and

(ii) by adding at the end thereof the following new paragraph:

"(6) If at any time the requirement set forth in paragraph (1) cannot be met because of insufficient appropriations, the Secretary shall, in implementing a supplementary observer program:

"(A) certify as observers, for the purposes of this subsection, individuals who are citizens or nationals of the United States and who have the requisite education or experience to carry out the functions referred to in paragraph (3);

"(B) establish standards of conduct for certified observers equivalent to those applicable to Federal personnel;

"(C) establish a reasonable schedule of fees that certified observers or their agents shall be paid by the owners and operators of foreign fishing vessels for observer services; and

"(D) monitor the performance of observers to ensure that it meets the purposes of this Act.".

(6) Such section is further amended by adding at the end thereof the following new subsection:

"(j) Recreational Fishing.--Notwithstanding any other provision of this title, foreign fishing vessels which are not operated for profit may engage in recreational fishing within the fishery conservation zone and the waters within the boundaries of a State subject to obtaining such permits, paying such reasonable fees, and complying with such conditions and restrictions as the Secretary and the Governor of the State (or his designee) shall impose as being necessary or appropriate to insure that the fishing activity of such foreign vessels within such zone or waters, respectively, is consistent with all applicable Federal and State laws and any applicable fishery management plan implemented under section 305. The Secretary shall consult with the Secretary of State and the Secretary of the Department in which the Coast Guard is operating in formulating the conditions and restrictions to be applied by the Secretary under the authority of this subsection.".

(b) The amendments made by subsection (a)(1) and (5)(A)(ii) // 16 USC 1821. // shall take effect January 1, 1984.

SEC. 3. FOREIGN FISHING PERMITS.

Section 204(b) (16 U.S.C. 1824(b)) is amended--,

(1) by inserting "hold" immediately before "capacity" in paragraph (3)(B);

(2) by striking out "and shall be set forth under the name of each Council to which it will be transmitted for comment" in that portion of paragraph (4) which precedes subparagraph (A);

(3) by striking out subparagraphs (B) and (C) of paragraph (4) and inserting in lieu thereof the following:

"(B) a copy of the application to the Secretary of the department in which the Coast Guard is operating; and "(C) a copy or a summary of the application to the appropriate council, upon its request."; and

(4) by striking out " After receipt of an application transmitted under paragraph (4)(B), each appropriate Council shall" in paragraph (5) and inserting in lieu thereof " After receiving a copy or summary of an application under paragraph (4)(C), the Council may".

SEC. 4. NATIONAL STANDARDS.

Section 301(b) (16 U.S.C. 1851(b)) is amended to read as follows:

"(b) The Secretary shall establish advisory guidelines (which shall not have the force and effect of law), based on the national standards, to assist in the development of fishery management plans.".

SEC. 5. REGIONAL FISHERY MANAGEMENT COUNCIL ORGANIZATION AND FUNCTIONS.

Section 302 (16 U.S.C. 1852) is amended as follows:

(1) Subsection (a) is amended--,

(A) by striking out "pursuant to subsection (b)(1)(C)"

each

place it appears therein and inserting in lieu thereof

"in

accordance with subsection (b)(2)"; and

(B) by amending paragraph (8) to read as follows:

"(8) Western pacific council.--The Western Pacific Fishery Management Council shall consist of the States of Hawaii, American Samoa, Guam, and the Northern Mariana Islands and shall have authority over the fisheries in the Pacific Ocean seaward of such States and of the Commonwealths, territories, and possessions of the United States in the Pacific Ocean area. The Western Pacific Council shall have 13 voting members, including 8 appointed by the Secretary in accordance with subsection (b)(2) (at least one of whom shall be appointed from each of the following States: Hawaii, American Samoa, Guam, and the Northern Mariana Islands).".

(2) Subsection (b) is amended--,

(A) by amending paragraph (1)(C) to read as follows:

"(C) The members required to be appointed by the Secretary in accordance with subsection (b)(2).";

(B) by redesignating paragraphs (2) and (3) as paragraphs

(3) and (4), respectively;

(C) by inserting immediately after paragraph (1) the

following

new paragraph:

"(2)(A) The members of each Council required to be appointed by the Secretary must be individuals who are knowledgeable or experienced with regard to the management, conservation, or recreational or commercial harvest of the fishery resources of the geographical area concerned.

"(B) The Secretary shall appoint the members of each Council from a list of individuals submitted by the Governor of each applicable constituent State. Each such list shall include the names and pertinent biographical data of not less than three individuals for each applicable vacancy. The Secretary shall review each list submitted by a Governor to ascertain if the individuals on the list are qualified for the vacancy on the basis of the required knowledge or experience required by subparagraph (A). If the Secretary determines that any individual is not qualified, he shall notify the appropriate Governor of that determination. The Governor shall then submit a revised list or resubmit the original list with an additional explanation of the qualifications of the individual in question.

"(C) Whenever the Secretary makes an appointment to a Council, he shall make a public announcement of such appointment not less than 45 days before the first day on which the individual is to take office as a member of the Council.";

(D) by striking out "pursuant to paragraph (1)(C)" in subsection (b)(3) (as redesignated by subparagraph (B)) and inserting in lieu thereof "by the Secretary in accordance with subsection (b)(2)"; and

(E) by adding at the end thereof the following new paragraph:

"(5) The Secretary may remove for cause any member of a Council required to be appointed by the Secretary in accordance with subsection (b)(2) if the Council concerned first recommends removal by not less than two-thirds of the members who are voting members. A removal recommendation of a Council must be in writing and accompanied by a statement of the reasons upon which the recommendation is based.".

(3) Subsection (f)(6) is amended by inserting after the first sentence thereof the following new sentence: " The procedures of a Council, and of its scientific and statistical committee and advisory panels established under subsection (g), must be consistent with the procedural guidelines set forth in subsection (i)(2).".

(4) Subsection (h) is amended as follows:

(A) Paragraph (1) is amended by inserting "that requires conservation and management" immediately after

"authority".

(B) Paragraph (2) is amended by striking out "204(b)(4)(B)" and inserting in lieu

thereof "204(b)(4)(C)".

(C) Paragraph (3) is amended by inserting immediately before the semicolon at the end thereof the following:

"(and

for purposes of this paragraph, the term 'geographical

area

concerned' may include an area under the authority of

another Council if the fish in the fishery concerned

migrate

into, or occur in, that area or if the matters being

heard

affect fishermen of that area; but not unless such

other

Council is first consulted regarding the conduct of

such

hearings within its area)".

(D) Paragraph (4) is amended to read as follows:

"(4) submit to the Secretary such periodic reports as the Council deems appropriate, and any other relevant report which may be requested by the Secretary;".

(5) Such section is further amended by adding at the end thereof the following new subsection:

"(i) Procedural Matters.--(1) The Federal Advisory Committee Act (5 U.S.C. App. 1) // 5 USC app. // shall not apply to the Councils or to the scientific and statistical committees or advisory panels of the Councils.

"(2) The following guidelines apply with respect to the conduct of business at meetings of a Council, and of the scientific and statistical committee and advisory panels of a Council:

(A) Unless closed in accordance with paragraph (3), each regular meeting and each emergency meeting shall be open to the public.

"(B) Emergency meetings shall be held at the call of the chairman or equivalent presiding officer.

"(C) Timely public notice of each regular meeting and each emergency meeting, including the time, place, and agenda of the meeting, shall be published in local newspapers in the major fishing ports of the Council's region (and in other major fishing ports having a direct interest in the affected fishery) and such notice may be given by such other means as will result in wide publicity. Timely notice of each regular meeting shall also be published in the Federal Register.

"(D) Interested persons shall be permitted to present oral or written statements regarding the matters on the agenda at meetings.

"(E) Minutes of each meeting shall be kept and shall contain a record of the persons present, an accurate description of matters discussed and conclusions reached, and copies of all statements filed.

"(F) Subject to the procedures established by the Council under paragraph (4), and the guidelines prescribed by the Secretary under section 303(d),

// 16 USC 1853. //

relating to confidentiality, the administrative record, including minutes required under subparagraph (E), of each meeting, and records or other documents which were made available to or prepared for or by the Council, committee, or panel incident to the meeting, shall be available for public inspection and copying at a single location in the offices of the Council.

"(3)(A) Each Council, scientific and statistical committee, and advisory panel--,

"(i) shall close any meeting, or portion thereof, that concerns matters or information that bears a national security classification; and

"(ii) may close any meeting, or portion thereof, that concerns matters or information that pertains to national security, employment matters, or briefings on litigation in which the Council is interested;

and if any meeting or portion is closed, the Council, committee, or panel concerned shall publish notice of the closure in local newspapers in the major fishing ports within its region (and in other major, affected fishing ports), including the time and place of the meeting. Subparagraphs (D) and (F) shall not apply to any meeting or portion thereof that is so closed.

"(4) Each Council shall establish appropriate procedures applicable to it and to its committee and advisory panels for ensuring the confidentiality of the statistics that may be submitted to it by Federal or State authorities, and may be voluntarily submitted to it by private persons; including, but not limited to, procedures for the restriction of council employee access and the prevention of conflicts of interest; except that such procedures must, in the case of statistics submitted to the Council by a State, be consistent with the laws and regulations of that State concerning the confidentiality of such statistics.".

SEC. 6. CONTENTS OF PLANS.

Section 303 (16 U.S.C. 1853) is amended as follows:

(1) Subsection (b) is amended--,

(A) by striking out "and" at the end of paragraph (6); (B) by redesignating paragraph (7) as paragraph (8); and (C) by inserting immediately after paragraph (6) the

following

new paragraph:

"(7) assess and specify the effect which the conservation and management measures of the plan will have on the stocks of naturally spawning anadromous fish in the region; and".

(2) Subsection (c) is amended to read as follows:

"(c) Proposed Regulations.--The proposed regulations which the Council deems necessary or appropriate for purposes of carrying out a plan or amendment to a plan shall be submitted to the Secretary simultaneously with the plan or amendment for action by the Secretary under sections 304 and 305."; and

(3) Such section is amended by adding at the end thereof the following new subsection:

"(e) Data Collection Programs.--If a Council determines that additional information and data (other than information and data that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations) would be beneficial for the purposes of--,

"(1) determining whether a fishery management plan is needed for a fishery; or

"(2) preparing a fishery management plan;

the Council may request that the Secretary implement a data collection program for the fishery which would provide the types of information and data (other than information and data that would disclose proprietary or confidential commercial or financial information regarding fishing operations or fish processing operations) specified by the Council. The Secretary shall approve such a data collection program if he determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such determination is made. If the Secretary determines that the need for a data collection program is not justified, he shall inform the Council of the reasons for such determination in writing. The determinations of the Secretary under this subsection regarding a Council request shall be made within a reasonable period of time after he receives that request.".

SEC. 7. ACTION BY SECRETARY.

(a) Section 304 (16 U.S.C. 1854) is amended as follows:

(1) Subsections (a) and (b) are amended to read as follows:

"(a) Action by the Secretary After Receipt of Plan.--(1) After the Secretary receives a fishery management plan, or amendment to a plan, which was prepared by a Council (the date of receipt of which is hereafter in this section referred to as the 'receipt date'), the Secretary shall--,

"(A) immediately commence a review of the management plan or amendment to determine whether it is consistent with the national standards, the other provisions of this Act, and any other applicable law;

"(B) immediately publish in the Federal Register a notice stating that the plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 75-day period beginning on the receipt date; and

"(C) by the 30th day after the receipt date--,

"(i) make such charges in the proposed regulations

submitted

for the plan or amendment under section 303(c) as

may be necessary for the implementation of the plan, and

"(ii) publish such proposed regulations, including any changes made thereto under clause (i), in the Federal

Register

together with an explanation of those changes which

are substantive.

"(2) In undertaking the review required under paragraph (1)(A), the Secretary shall--,

"(A) take into account the data, views, and comments received from interested persons;

"(B) consult with the Secretary of State with respect to foreign fishing; and

"(C) consult with the Secretary of the department in which the Coast Guard is operating with respect to enforcement at sea.

"(b)(1) A plan or amendment shall take effect and be implemented in accordance with section 305(c) if--,

"(A) the Secretary does not notify the Council in writing of his disapproval, or partial disapproval, under paragraph (2), of the plan or amendment before the close of the 95th day after the receipt date; or

"(B) at any time subsequent to the 75th day after the receipt date and before such 95th day, the Secretary notifies the Council in writing that he does not intend to disapprove, or partially disapprove, the plan or amendment.

"(2) If after review under subsection (a) the Secretary determines that the plan or amendment is not consistent with the criteria set forth in paragraph (1)(A) of that subsection, the Secretary shall notify the Council in writing of his disapproval or partial disapproval of the plan or amendment. Such notice shall specify--,

"(A) the applicable law with which the plan or amendment is inconsistent;

"(B) the nature of such inconsistency; and

"(C) recommendations concerning the actions that could be taken by the Council to conform such plan or amendment to the requirements of applicable law.

"(3)(A) If the Secretary disapproves, or partially disapproves, a proposed plan or amendment under paragraph (2), the Council may submit a revised plan or amendment, accompanied by appropriately revised proposed regulations, to the Secretary.

"(B) After the Secretary receives a revised plan or amendment under subparagraph (A) or (C)(ii), the Secretary shall immediately--,

"(i) commence a review of the plan or amendment to determine whether it complies with the criteria set forth in subsection (a)(1)(A);

"(ii) publish in the Federal Register a notice stating that the revised plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 30-day period beginning on the date (hereinafter in this paragraph referred to as the 'revised receipt date') the plan or amendment was submitted to the Secretary under subparagraph (A) or (C)(ii); and

"(iii) review the revised proposed regulations, if any, submitted by the Council and make such changes to them as may be necessary for the implementation of the plan, and thereafter publish such revised proposed regulations (as so changed) in the Federal Register together with an explanation of each of such changes that is substantive.

"(C)(i) Before the close of the 60th day after the revised receipt date, the Secretary, after taking into account any data, views, or comments received under subparagraph (B)(ii), shall complete the review required under subparagraph (B)(i) and determine whether the plan or amendment complies with the criteria set forth in subsection (a)(1)(A). If the Secretary determines that a plan or amendment is not in compliance with such criteria, he shall immediately notify the Council of his disapproval of the plan or amendment.

"(ii) After notifying a Council of disapproval under clause (i), the Secretary shall promptly provide to the Council a written statement of the reasons on which the disapproval was based and advise the Council that it may submit a further revised plan or amendment, together with appropriately revised proposed regulations, for review and determination under this paragraph.

"(D) A revised plan or amendment shall take effect and be implemented in accordance with section 305(c) if the Secretary does not notify the Council, in writing, by the close of the 60th day after the revised receipt date of his disapproval of the plan or amendment.".

(2) Subsection (c)(1) is amended--,

(A) by amending paragraph (1)--, (i) by amending subparagraph (B) to read as follows:

"(B) the Secretary disapproves or partially disapproves any such plan or amendment, or disapproves a revised plan or amendment, and the Council involved fails to submit a revised or further revised plan or amendment, as the case may be.", and

(ii) by adding immediately after the last sentence thereof the following flush sentence:

" The Secretary shall also prepare such proposed regulations as he deems necessary or appropriate to carry out each plan or amendment prepared by him under this paragraph."; and

(B) by amending paragraph (2) to read as follows:

"(2)(A) Whenever, under paragraph (1), the Secretary prepares a fishery management plan or amendment, the Secretary shall immediately--,

"(i) submit such plan or amendment, and proposed regulations to implement such plan or amendment, to the appropriate Council for consideration and comment;

"(ii) publish in the Federal Register a notice stating that the plan or amendment is available and that written data, views, or comments of interested persons on the plan or amendment may be submitted to the Secretary during the 75-day period beginning on the date the plan or amendment was submitted under clause (i); and

"(iii) by the 30th day after the date of submission under clause (i), submit for publication in the Federal Register the proposed regulations to implement the plan or amendment.

"(B) The appropriate council must submit its comments and recommendations, if any, regarding the plan or amendment to the Secretary before the close of the 75-day period referred to in subparagraph (A)(ii). After the close of such 75-day period, the Secretary, after taking into account any such comments and recommendations, as well as any views, data, or comments submitted under subparagraph (A)(ii), may implement such plan or amendment under section 305(c).".

(3) Subsection (d) is amended by striking out the last sentence and inserting in lieu thereof the following: " The Secretary may enter into a cooperative agreement with the States concerned under which the States administer the permit system and the agreement may provide that all or part of the fees collected under the system shall accrue to the States. The level of fees charged under this subsection shall not exceed the administrative costs incurred in issuing the permits.".

(b) The amendments made by subsection (a) // 16 USC 1854 // shall only apply with respect to fishery management plans and amendments thereto that are initially submitted to the Secretary of Commerce on or after the date of the enactment of this Act for action under section 304.

SEC. 8. IMPLEMENTATION OF PLANS.

Section 305 (16 U.S.C. 1855) is amended as follows:

(1) Subsections (a) and (b) are repealed.

(2) Subsection (c) is amended to read as follows:

"(c) Implementation.--The Secretary shall promulgate each regulation that is necessary to carry out a plan or amendment--,

"(1) within 110 days after the plan or amendment was received by him for action under section 304(a), if such plan or amendment takes effect under section 304(b)(1);

"(2) within 75 days after a revised plan or amendment was received by him under section 304(b), if such plan or amendment takes effect under paragraph (3)(D) of such section; or

"(3) within such time as he deems appropriate in the case of a plan or amendment prepared by him under section 304(c).".

(3) Subsection (e) is amended to read as follows:

"(e) Emergency Actions.--(1) If the Secretary finds that an emergency exists involving any fishery, he may promulgate emergency regulations necessary to address the emergency, without regard to whether a fishery management plan exists for such fishery.

"(2) If a Council finds that an emergency exists involving any fishery within its jurisdiction, whether or not a fishery management plan exists for such fishery--,

"(A) the Secretary shall promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by unanimous vote of the members who are voting members, requests the taking of such action; and

"(B) the Secretary may promulgate emergency regulations under paragraph (1) to address the emergency if the Council, by less than a unanimous vote, requests the taking of such action.

"(3) Any emergency regulation which changes any existing fishery management plan or amendment shall be treated as an amendment to such plan for the period in which such regulation is in effect. Any emergency regulation promulgated under this subsection--,

"(A) shall be published in the Federal Register together with the reasons therefor;

"(B) shall remain in effect for not more than 90 days after the date of such publication, except that any such regulation may, by agreement of the Secretary and the Council, be promulgated for one additional period of not more than 90 days; and

"(C) may be terminated by the Secretary at an earlier date by publication in the Federal Register of a notice of termination, except for emergency regulations promulgated under paragraph (2) in which case such early termination may be made only upon the agreement of the Secretary and the Council concerned.".

(4) Subsection (f) is repealed.

(5) Such section is further amended by adding at the end thereof the following new subsection:

"(h) Effect of Certain Laws on Certain Time Requirements.--, The Paperwork Reduction Act of 1980 (44 U.S.C. 3501 et seq.), // 44 USC 101 // the Regulatory Flexibility Act (5 U.S.C. 601 et seq.), and Executive Order Numbered 12291, dated February 17, 1981, // 3 CFR, 1981. // shall be complied with within the time limitations specified in subsection (c) or section 304(a) and (b) as they apply to the functions of the Secretary under such provisions.".

SEC. 9. STATE JURISDICTION.

Section 306(a) (16 U.S.C. 1856(a)) is amended by inserting immediately after the first sentence thereof the following new sentence: " For purposes of this Act, except as provided in subsection (b), the jurisdiction and authority of a State shall extend (1) to any pocket of waters that is adjacent to the State and totally enclosed by lines delimiting the territorial sea of the United States pursuant to the Geneva Convention on the Territorial Sea and Contiguous Zone or any successor convention to which the United States is a party and (2) with respect to the body of water commonly known as Nantucket Sound, to the pocket of water west of the seventieth meridian west of Greenwich.".

SEC. 10. SUBPENA POWER.

Section 308 (16 U.S.C. 1858) is amended by adding at the end thereof the following new subsection:

"(e) Subpenas.--For the purposes of conducting any hearing under this section, the Secretary may issue subpenas for the attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. In case of contempt or refusal to obey a subpena served upon any person pursuant to this subsection, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the United States and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court may be punished by such court as a contempt thereof.".

SEC. 11. OFFENSES.

(a) Section 309(b) (16 U.S.C. 1859(b)) is amended by striking out ", or imprisonment for not more than 1 year, or both".

(b) The amendment made by subsection (a) // 16 USC 1859 // applies with respect to offenses committed under section 309 on or after the date of the enactment of this Act.

SEC. 12. CIVIL FORFEITURES.

Section 310(a) (16 U.S.C. 1860(a)) is amended by inserting "(or the fair market value thereof)" immediately after "fish" each place it appears.

SEC. 13. POWERS OF AUTHORIZED OFFICERS.

Section 311(b) (16 U.S.C. 1861(b)) is amended--,

(1) by inserting "(1)" immediately before " Any officer";

(2) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively;

(3) by redesignating subparagraphs (A), (B), (C), (D), and (E) as clauses (i), (ii), (iii), (iv), and (v), respectively; and

(4) by adding at the end thereof the following new paragraph:

"(2) Subject to the direction of the Secretary, a person charged with law enforcement responsibilities by the Secretary who is performing a duty related to enforcement of a law regarding fisheries or other marine resources may make an arrest without a warrant for an offense against the United States committed in his presence, or for a felony cognizable under the laws of the United States, if he has reasonable grounds to believe that the person to be arrested has committed or is committing a felony. The arrest authority described in the preceding sentence may be conferred upon an officer or employee of a State agency, subject to such conditions and restrictions as are set forth by agreement between the State agency, the Secretary, and, with respect to enforcement operations within the fishery conservation zone, the Secretary of the department in which the Coast Guard is operating.".

SEC. 14. AUTHORIZATION OF APPROPRIATIONS.

(a) Section 406 (16 U.S.C. 1882) is amended by adding at the end thereof the following new paragraphs:

"(9) $59,000,000 for the fiscal year ending September 30, 1983.

"(10) $64,000,000 for the fiscal year ending September 30, 1984.

"(11) $69,000,000 for the fiscal year ending September 30, 1985.

(b)(1) Subsection (c) of the first section of the Anadromous Fish Conservation Act (16 U.S.C. 757a(c)) is amended--,

(A) by inserting "(1)" immediately before " Whenever"; and

(B) by adding at the end thereof the following new paragraph:

"(2) In the case of any State that has implemented an interstate fisheries management plan for anadromous fishery resources, the Federal share of any grant made under this section to carry out activities required by such plan shall be 90 percent.".

(2) Section 4(a) of the Anadromous Fish Conservation Act (16 U.S.C. 757d(a)) is amended by adding after paragraph (3) the following new paragraph:

"(4) $7,500,000 for each of fiscal years 1983, 1984, and 1985.".

(3) The first sentence of section 7(d) of the Anadromous Fish Conservation Act (16 U.S.C. 757g(d)) is amended by striking out "and" after "1981,", and by inserting immediately before the period the following: ", and not to exceed $1,000,000 for each of the fiscal years ending September 30, 1983, and September 30, 1984".

SEC. 15. TECHNICAL AMENDMENTS.

(a) Section 3(27) (16 U.S.C. 1802(27)) is amended to read as follows:

"(27) The term 'vessel of the United States' means--,

"(A) any vessel documented under the laws of the United States; "(B) any vessel numbered in accordance with the Federal Boat Safety Act of 1971 (46 U.S.C. 1400 et seq.)

// 46 USC 1451 //

and measuring

less than 5 net tons; or

"(C) any vessel numbered under the Federal Boat Safety Act of 1971 (46 U.S.C. 1400 et seq.) and used

exclusively for

pleasure.".

(b) Section 307(2) (16 U.S.C. 1857(2)) is amended--,

(A) by amending subparagraph (A) to read as follows:

"(A) in fishing within the boundaries of any State, except recreational fishing permitted under section 201(j);"; and

(B) by striking out "in fishing" in subparagraph (B) and inserting in lieu thereof "in fishing, except recreational fishing permitted under section 201(j),".

(c) The last sentence of section 311(a) (16 U.S.C. 1861(a)) is repealed.

(d) Section 8 of the Central, Western, and South Pacific Fisheries Development Act (16 U.S.C. 758e-5) is amended by striking out "and 1982" and inserting in lieu thereof "1982, 1983, 1984, and 1985".

Approved January 12, 1983.

LEGISLATIVE HISTORY--H.R. 5002 (S. 2450):

HOUSE REPORTS: No. 97 - 549 (Comm. on Merchant Marine and Fisheries) and Nos. 97 - 981 and 97 - 982 (Comm. of Conference).

SENATE REPORT No. 97 - 519 accompanying S. 2450 (Comm. on Commerce, Science and Transportation).

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 16, considered and passed House.

Dec. 17, considered and passed Senate, amended.

Dec. 20, House considered and rejected conference report 97 - 981 and agreed to conference report 97 - 982.

Dec. 21, Senate agreed to conference report 97 - 982.

PUBLIC LAW 97-452, 96 STAT. 2467

97th CONGRESS, H.R. 7378 JANUARY 12, 1983
An Act To codify without substantive change recent laws related

to money and finance and

to improve the United States Code.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

AMENDMENTS TO TITLE 31

Section 1. Title 31, United States Code, is amended as follows:

(1)(A) Chapter 5 is amended by inserting the following after section 503:

Section 504. // 31 USC 504. // Office of Federal Procurement Policy

" The Office of Federal Procurement Policy, established under section 5(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 404(a)), is an office in the Office of Management and Budget.".

(B) The analysis of chapter 5 is amended by inserting the following immediately below item 503:

"504. Office of Federal Procurement Policy.".

(2) Section 1105(a) is amended by adding at the end the following:

"(25) a separate statement, for each agency having an Office of Inspector General, of the amount of the appropriation requested for the Office.".

(3) Section 1113(a) is amended by--,

(A) inserting "(1)" after "(a)"; and (B) adding at the end the following:

"(2) When requested by a committee of Congress, additional information related to the amount of an appropriation originally requested by an Office of Inspector General shall be submitted to the committee.".

(4) Section 1305(6) is amended to read as follows:

"(6) to pay the interest on the fund derived from the bequest of James Smithson, for the construction of buildings and expenses of the Smithsonian Institution, at the rates determined under section 5590 of the Revised Statutes (20 U.S.C. 54).".

(5) Section 3102(a) is amended by striking out "$70,000,000,000" and substituting "110,000,000,000".

(6) Section 3105(b) is amended to read as follows:

"(b)(1) With the approval of the President and except as provided in paragraph (2) of this subsection, the Secretary may--,

"(A) fix the investment yield for savings bonds; and

"(B) change the investment yield on an outstanding savings bond, except that the yield on a bond for the period held may not be decreased below the minimum yield for the period guaranteed on the date of issue.

"(2) The investment yield on a series E savings bond shall be at least 4 percent a year compounded semiannually beginning on the first day of the month beginning after the date of issue of the bond and ending on the last day of the month before the date of redemption.

"(3) With the approval of the President, the Secretary may prescribe regulations providing that--,

"(A) owners of series E and H savings bonds may keep the bonds after maturity or after a period beyond maturity during which the bonds have earned interest and continue to earn interest at rates consistent with paragraph (1) of this subsection; and

"(B) series E and H savings bonds earning a different rate of interest before the regulations are prescribed shall earn a rate of interest consistent with paragraph (1).".

(7) Section 3105(c)(5) is amended by striking out "(expressed in terms of the maturity value)".

(8) Section 3106(b) is amended by striking out the first sentence.

(9) Section 3121 is amended by adding at the end the following:

"(g)(1) In this subsection, 'registration-required obligation' means an obligation except an obligation--,

"(A) not of a type offered to the public;

"(B) having a maturity (at issue) of not more than one year; or

"(C) described in paragraph (2) of this subsection.

"(2) An obligation is not a registration-required obligation if--,

"(A) there are arrangements reasonably designed to ensure that the obligation will be sold (or resold in connection with the original issue) only to a person that is not a United States person; and

"(B) for an obligation not in registered form--,

"(i) interest on the obligation is payable only outside the United States and its territories and possessions; and "(ii) a statement is on the face of the obligation that a United States person holding the obligation is

subject to

limitations under the United States income tax laws.

"(3) Every registration-required obligation of the Government shall be in registered form. A book entry obligation is deemed to be in registered form if the right to principal and stated interest on the obligation may be transferred only through a book entry consistent with regulations of the Secretary.

"(4) The Secretary shall prescribe regulations necessary to carry out this subsection when there is a nominee.".

(10) Section 3302(b) is amended by striking out " An" and substituting " Except as provided in section 3718(b) of this title, an".

(11) Section 3331 is amended by adding at the end the following:

"(f) Under conditions the Secretary may prescribe, the Secretary may delegate duties and powers of the Secretary under this section to the head of an agency. Consistent with a delegation from the Secretary under this subsection, the head of an agency may delegate those duties and powers to an officer or employee of the agency.".

(12) Section 3512 is amended by redesignating subsections (b)--, (d) as subsections (d)-(f), respectively, and by inserting the following immediately below subsection (a):

"(b)(1) To ensure compliance with subsection (a)(3) of this section and consistent with standards the Comptroller General prescribes, the head of each executive agency shall establish internal accounting and administrative controls that reasonably ensure that--,

"(A) obligations and costs comply with applicable law;

"(B) all assets are safeguarded against waste, loss, unauthorized use, and misappropriation; and

"(C) revenues and expenditures applicable to agency operations are recorded and accounted for properly so that accounts and reliable financial and statistical reports may be prepared and accountability of the assets may be maintained.

"(2) Standards the Comptroller General prescribes under this subsection shall include standards to ensure the prompt resolution of all audit findings.

"(c)(1) In consultation with the Comptroller General, the Director of the Office of Management and Budget--,

"(A) shall establish by December 31, 1982, guidelines that the head of each executive agency shall follow in evaluating the internal accounting and administrative control systems of the agency to decide whether the systems comply with subsection (b) of this section; and

"(B) may change a guideline when considered necessary.

"(2) By December 31 of each year (beginning in 1983), the head of each executive agency, based on an evaluation conducted according to guidelines prescribed under paragraph (1) of this subsection, shall prepare a statement on whether the systems of the agency comply with subsection (b) of this section, including--,

"(A) if the head of an executive agency decides the systems do not comply with subsection (b) of this section, a report identifying any material weakness in the systems and describing the plans and schedule for correcting the weakness; and

"(B) a separate report on whether the accounting system of the agency conforms to the principles, standards, and requirements the Comptroller General prescribes under section 3511(a) of this title.

"(3) The head of each executive agency shall sign the statement and reports required by this subsection and submit them to the President and Congress. The statement and reports are available to the public, except that information shall be deleted from a statement or report before it is made available if the information specifically is--,

"(A) prohibited from disclosure by law; or

"(B) required by Executive order to be kept secret in the interest of national defense or the conduct of foreign affairs.".

(13)(A) Section 3701 is amended to read as follows:

" Section 3701. // 31 USC 3701. // Definitions and application

"(a) In this chapter--,

"(1) 'administrative offset' means withholding money payable by the United States Government to, or held by the Government for, a person to satisfy a debt the person owes the Government.

"(2) 'calendar quarter' means a 3-month period beginning on January 1, April 1, July 1, or October 1.

"(3) 'consumer reporting agency' means--,

"(A) a consumer reporting agency as that term is defined in section 603(f) of the Fair Credit Reporting Act

(15 U.S.C.

1681a(f)); or

"(B) a person that, for money or on a cooperative basis, regularly--, "(i) gets information on consumers to give the information to a consumer reporting agency; or "(ii) serves as a marketing agent under an arrangement allowing a third party to get the information from a consumer reporting agency.

"(4) 'executive or legislative agency' means a department, agency, or instrumentality in the executive or legislative branch of the Government.

"(5) 'military department' means the Departments of the Army, Navy, and Air Force.

"(6) 'system of records' has the same meaning given that term in section 552a(a)(5) of title 5.

"(7) 'uniformed services' means the Army, Navy, Air Force, Marine Corps, Coast Guard, Commissioned Corps of the National Oceanic and Atmospheric Administration, and Commissioned Corps of the Public Health Service.

"(b) In subchapter II of this chapter, 'claim' includes amounts owing on account of loans insured or guaranteed by the Government and other amounts due the Government.

"(c) In sections 3716 and 3717 of this title, 'person' does not include an agency of the United States Government, of a State government, or of a unit of general local government.

"(d) Sections 3711(f) and 3716 - 3719 of this title do not apply to a claim or debt under, or to an amount payable under, the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.), the Social Security Act (42 U.S.C. 301 et seq.), or the tariff laws of the United States.".

(B) Item 3701 in the analysis of chapter 37 is amended to read as follows:

"3701. Definitions and application.".

(14) Section 3702(b)(2) is amended by inserting "this" before "subsection".

(15) Section 3711 is amended by adding at the end the following:

"(f)(1) When trying to collect a claim of the Government under a law except the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.), the head of an executive or legislative agency may disclose to a consumer reporting agency information from a system of records that an individual is responsible for a claim if--,

"(A) notice required by section 552a(e)(4) of title 5 indicates that information in the system may be disclosed to a consumer reporting agency;

"(B) the head of the agency has reviewed the claim and decided that the claim is valid and overdue;

"(C) the head of the agency has notified the individual in writing--,

"(i) that payment of the claim is overdue; "(ii) that, within not less than 60 days after sending the notice, the head of the agency intends to disclose to a consumer reporting agency that the individual is

responsible

for the claim;

"(iii) of the specific information to be disclosed to the consumer reporting agency; and "(iv) of the rights the individual has to a complete

explanation

of the claim, to dispute information in the records of

the agency about the claim, and to administrative

repeal or

review of the claim;

"(D) the individual has not--,

"(i) repaid or agreed to repay the claim under a written repayment plan that the individual has signed and the

head

of the agency has agreed to; or

"(ii) filed for review of the claim under paragraph (2) of this subsection;

"(E) the head of the agency has established procedures to--,

"(i) disclose promptly, to each consumer reporting agency to which the original disclosure was made, a substantial change in the condition or amount of the claim; "(ii) verify or correct promptly information about the claim on request of a consumer reporting agency for

verification

of information disclosed; and

"(iii) get satisfactory assurances from each consumer reporting agency that the agency is complying with all

laws

of the United States related to providing consumer

credit

information and

"(F) the information disclosed to the consumer reporting agency is limited to--,

"(i) information necessary to establish the identity of the individual, including name, address, and taxpayer

identification

number;

"(ii) the amount, status, and history of the claim; and "(iii) the agency or program under which the claim arose.

"(2) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection and at other times allowed by law, the head of an executive or legislative agency shall provide, on request of an individual alleged by the agency to be responsible for the claim, for a review of the obligation of the individual, including an opportunity for reconsideration of the initial decision on the claim.

"(3) Before disclosing information to a consumer reporting agency under paragraph (1) of this subsection, the head of an executive or legislative agency shall take reasonable action to locate an individual for whom the head of the agency does not have a current address to send the notice under paragraph (1)(C).".

(16)(A) Subchapter II of chapter 37 is amended by adding at the end the following:

" Section 3716. // 31 USC 3716. // Administrative offset

"(a) After trying to collect a claim from a person under section 3711(a) of this title, the head of an executive or legislative agency may collect the claim by administrative offset. The head of the agency may collect by administrative offset only after giving the debtor--,

"(1) written notice of the type and amount of the claim, the intention of the head of the agency to collect the claim by administrative offset, and an explanation of the rights of the debtor under this section;

"(2) an opportunity to inspect and copy the records of the agency related to the claim;

"(3) an opportunity for a review within the agency of the decision of the agency related to the claim; and

"(4) an opportunity to make a written agreement with the head of the agency to repay the amount of the claim.

"(b) Before collecting a claim by administrative offset under subsection (a) of this section, the head of an executive or legislative agency must prescribe regulations on collecting by administrative offset based on--,

"(1) the best interests of the United States Government;

"(2) the likelihood of collecting a claim by administrative offset; and

"(3) for collecting a claim by administrative offset after the 6--, year period for bringing a civil action on a claim under section 2415 of title 28 has expired, the cost effectiveness of leaving a claim unresolved for more than 6 years.

"(c) This section does not apply--,

"(1) to a claim under this subchapter that has been outstanding for more than 10 years; or

"(2) when a statute explicitly provides for or prohibits using administrative offset to collect the claim or type of claim involved.

" Section 3717. // 31 USC 3717. // Interest and penalty on claims

"(a)(1) The head of an executive or legislative agency shall charge a minimum annual rate of interest on an outstanding debt on a United States Government claim owed by a person that is equal to the average investment rate for the Treasury tax and loan accounts for the 12-month period ending on September 30 of each year, rounded to the nearest whole percentage point. The Secretary of the Treasury shall publish the rate before November 1 of that year. The rate is effective on the first day of the next calendar quarter.

"(2) The Secretary may change the rate of interest for a calendar quarter if the average investment rate for the 12-month period ending at the close of the prior calendar quarter, rounded to the nearest whole percentage point, is more or less than the existing published rate by 2 percentage points.

"(b) Interest under subsection (a) of this section accrues from the date--,

"(1) on which notice is mailed after October 25, 1982, if notice was first mailed before October 25, 1982; or

"(2) notice of the amount due is first mailed to the debtor at the most current address of the debtor available to the head of the executive or legislative agency, if notice is first mailed after October 24, 1982.

"(c) The rate of interest charged under subsection (a) of this section--,

"(1) is the rate in effect on the date from which interest begins to accrue under subsection (b) of this section; and

"(2) remains fixed at that rate for the duration of the indebtedness.

"(d) Interest under subsection (a) of this section may not be charged if the amount due on the claim is paid within 30 days after the date from which interest accrues under subsection (b) of this section. The head of an executive or legislative agency may extend the 30-day period.

"(e) The head of an executive or legislative agency shall assess on a claim owed by a person--,

"(1) a charge to cover the cost of processing and handling a delinquent claim; and

"(2) a penalty charge of not more than 6 percent a year for failure to pay a part of a debt more than 90 days past due.

"(f) Interest under subsection (a) of this section does not accrue on a charge assessed under subsection (e) of this section.

"(g) This section does not apply--,

"(1) if a statute, regulation required by statute, loan agreement, or contract prohibits charging interest or assessing charges or explicitly fixes the interest or charges; and

"(2) to a claim under a contract executed before October 25, 1982, that is in effect on October 25, 1982.

"(h) In conformity with standards prescribed jointly by the Attorney General and the Comptroller General, the head of an executive or legislative agency may prescribe regulations identifying circumstances appropriate to waiving collection of interest and charges under subsections (a) and (e) of this section. A waiver under the regulations is deemed to be compliance with this section.

" Section 3718. // 31 USC 3718. // Contracts for collection services

"(a) Under conditions the head of an executive or legislative agency considers appropriate, the head of the agency may make a contract with a person for collection services to recover indebtedness owed the United States Government. The contract shall provide that--,

"(1) the head of the agency retains the authority to resolve a dispute, compromise a claim, end collection action, and refer a matter to the Attorney General to bring a civil action; and

"(2) the person is subject to--,

"(A) section 552a of title 5, to the extent provided in section 552a(m); and "(B) laws and regulations of the United States

Government

and State governments related to debt collection

practices.

"(b) Notwithstanding section 3302(b) of this title, a contract under subsection (a) of this section may provide that a fee a person charges to recover indebtedness owed the United States Government is payable from the amount recovered.

"(c) A contract under subsection (a) of this section is effective only to the extent and in the amount provided in an appropriation law.

"(d) This section does not apply to the collection of debts under the Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.).

" Section 3719. // 31 USC 3719. // Reports on debt collection activities

"(a) In consultation with the Secretary of the Treasury and the Comptroller General, the Director of the Office of Management and Budget shall prescribe regulations requiring the head of each agency with outstanding debts to prepare and submit to the Director and the Secretary at least once each year a report summarizing the status of loans and accounts receivable managed by the head of the agency. The report shall contain--,

"(1) information on--,

"(A) the total amount of loans and accounts receivable owed the agency and when amounts owed the agency are due to be repaid; "(B) the total amount of receivables and number of claims at least 30 days past due; "(C) the total amount written off as actually

uncollectible

and the total amount allowed for uncollectible loans and

accounts receivable;

"(D) the rate of interest charged for overdue debts and the amount of interest charged and collected on debts; "(E) the total number of claims and the total amount collected; and "(F) the number and total amount of claims referred to the Attorney General for settlement and the number and total amount of claims the Attorney General settles;

"(2) the information described in clause (1) of this subsection for each program or activity the head of the agency carries out; and

"(3) other information the Director considers necessary to decide whether the head of the agency is acting aggressively to collect the claims of the agency.

"(b) The Director shall analyze the reports submitted under subsection (a) of this section and shall report annually to Congress on the management of debt collection activities by the head of each agency, including the information provided the Director under subsection (a).".

(B) The analysis of subchapter II of chapter 37 is amended by adding at the end the following:

"3716. Administrative offset.

"3717. Interest and penalty on claims.

"3718. Contracts for collection services.

"3719. Reports on debt collection activities.".

(17) Section 3721(b) is amended by striking out "$15,000" and substituting "$25,000".

(18)(A) Subtitle III is amended by adding at the end the following:

" CHAPTER 39-PROMPT PAYMENT

" Sec.

"3901. Definitions and application.

"3902. Interest penalties.

"3903. Regulations.

"3904. Limitations on discount payments.

"3905. Reports.

"3906. Relationship to other laws.

" Section 3901. // 31 USC 3901. // Definitions and application

"(a) In this chapter--,

"(1) 'agency' has the same meaning given that term in section 551(1) of title 5 and includes an entity being operated, and the head of the agency identifies the entity as being operated, only as an instrumentality of the agency to carry out a program of the agency.

"(2) 'business concern' means--,

"(A) a person carrying on a trade or business; and "(B) a nonprofit entity operating as a contractor.

"(3) 'proper invoice' is an invoice containing or accompanied by substantiating documentation the Director of the Office of Management and Budget may require by regulation and the head of the appropriate agency may require by regulation or contract.

"(4) the head of an agency is deemed to receive an invoice on the later of the dates that--,

"(A) the designated payment office or finance center of the agency actually receives a proper invoice; or "(B) the head of the agency accepts the applicable

property

or service.

"(5) a payment is deemed to be made on the date a check for the payment is dated.

"(6) a contract to rent property is deemed to be a contract to acquire the property.

"(b) This chapter applies to the Tennessee Valley Authority. However, regulations prescribed under this chapter do not apply to the Authority, and the Authority alone is responsible for carrying out this chapter as it applies to contracts of the Authority.

" Section 3902. // 31 USC 3902. // Interest penalties

"(a) Under regulations prescribed under section 3903 of this title, the head of an agency acquiring property or service from a business concern, who does not pay the concern for each complete delivered item of property or service by the required payment date, shall pay an interest penalty to the concern on the amount of the payment due. The interest shall be computed at the rate the Secretary of the Treasury establishes for interest payments under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611). The Secretary shall publish each rate in the Federal Register.

"(b) Except as provided in section 3906 of this title, the interest penalty shall be paid for the period beginning on the day after the required payment date and ending on the date on which payment is made. However, a penalty may not be paid if payment for the item is made--,

"(1) when the item is meat or meat food product described in section 3903(2)(A) of this title, before the 4th day after the required payment date;

"(2) when the item is an agricultural commodity described in section 3903(2)(B) of this title, before the 6th day after the required payment date; or

"(3) when the item is not an item referred to in clauses (1) and (2) of this subsection, before the 16th day after the required payment date.

"(c) An amount of an interest penalty unpaid after any 30-day period shall be added to the principal amount of the debt, and a penalty accrues thereafter on the added amount.

"(d) This section does not authorize the appropriation of additional amounts to pay an interest penalty. The head of an agency shall pay a penalty under this section out of amounts made available to carry out the program for which the penalty is incurred.

"(e) A recipient of a grant from the head of an agency may provide in a contract for the acquisition of property or service from a business concern that, consistent with the usual business practices of the recipient and applicable State and local law, the recipient will pay an interest penalty on amounts overdue under the contract under conditions agreed to by the recipient and the concern. The recipient may not pay the penalty from amounts received from an agency. Amounts expended for the penalty may not be counted toward a matching requirement applicable to the grant. An obligation to pay the penalty is not an obligation of the United States Government.

" Section 3903. Regulations

" The Director of the Office of Management and Budget shall prescribe regulations to carry out section 3902 of this title. The regulations shall--,

"(1) provide that the required payment date is--,

"(A) the date payment is due under the contract for the item of property or service provided; or "(B) 30 days after a proper invoice for the amount due is received if a specific payment date is not established

by

contract;

"(2) for the acquisition of meat or a meat food product (as defined in section 2(a)(3) of the Packers and Stockyards Act, 1921 (7 U.S.C. 182(3))), provide a required payment date of not later than 7 days after the meat or meat food product is delivered; and

"(3) for the acquisition of a perishable agricultural commodity (as defined in section 1(4) of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499a(4))), provide a required payment date consistent with that Act;

"(4) provide separate required payment dates for a contract under which property or service is provided in a series of partial executions or deliveries to the extent the contract provides for separate payments for partial execution or delivery; and

"(5) require that, within 15 days after an invoice is received, the head of an agency notify the business concern of a defect or impropriety in the invoice that would prevent the running of the time period specified in clause (1)(B) of this section.

" Section 3904. // 31 USC 3904. // Limitations on discount payments

" The head of an agency offered a discount by a business concern from an amount due under a contract for property or service in exchange for payment within a specified time may pay the discounted amount only if payment is made within the specified time. The head of the agency shall pay an interest penalty on an amount remaining unpaid in violation of this section. The penalty accrues as provided under sections 3902 and 3903 of this title, except that the required payment date for the unpaid amount is the last day specified in the contract that the discounted amount may be paid.

" Section 3905. // 31 USC 3905. // Reports

"(a) By the 60th day after the end of each fiscal year, the head of each agency shall submit to the Director of the Office of Management and Budget a report on interest penalty payments made under this chapter during that fiscal year. The report shall include the number, amounts, and frequency of the payments and the reasons the payments were not avoided by prompt payment.

"(b) By the 120th day after the end of each fiscal year, the Director shall submit to the Committees on Governmental Affairs, Appropriations, and Small Business of the Senate and the Committees on Government Operations, Appropriations, and Small Business of the House of Representatives a report on agency compliance with this chapter. The report shall include a summary of the report of each agency submitted under subsection (a) of this section and an analysis of progress made in reducing interest penalty payments by that agency from prior years.

" Section 3906. // 31 USC 3906. // Relationship to other laws

"(a) A claim for an interest penalty not paid under this chapter may be filed under section 6 of the Contract Disputes Act of 1978 (41 U.S. C. 605).

"(b)(1) An interest penalty under this chapter does not continue to accrue--,

"(A) after a claim for a penalty is filed under the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.); or

"(B) for more than one year.

"(2) Paragraph (1) of this subsection does not prevent an interest penalty from accruing under section 12 of the Contract Disputes Act of 1978 (41 U.S.C. 611) after a penalty stops accruing under this chapter. A penalty accruing under section 12 may accrue on an unpaid contract payment and on the unpaid penalty under this chapter.

"(c) Except as provided in section 3904 of this title, this chapter does not require an interest penalty on a payment that is not made because of a dispute between the head of an agency and a business concern over the amount of payment or compliance with the contract. A claim related to the dispute, and interest payable for the period during which the dispute is being resolved, is subject to the Contract Disputes Act of 1978 (41 U.S.C. 601 et seq.).".

(B) The analysis of subtitle III is amended by inserting the following immediately below item 37:

"39. PROMPT PAYMENT......................... 3901".

(19) Section 5103 is amended by inserting ", public charges, taxes, and dues" after "debts" the first time it appears.

(20) Section 5112(f)(1) is amended--,

(A) by inserting in the matter before clause (A), a comma after "10,000,000)"; and (B) by striking out of clause (C) "two hundred and

fiftieth"

and substituting "250th".

(21) Section 5132(a)(2) is amended by striking out "$54,706,000" and "1982" and substituting "$50,165,000" and "1983", respectively.

(22) Section 5154 is amended by striking out " United States coins and currency circulating within its jurisdiction" and substituting "other forms of money".

(23)(A) Chapter 61 is amended by inserting after section 6102 the following:

" Section 6102a. // 31 USC 6102a. // Assistance awards information system

"(a) The Director of the Office of Management and Budget shall--,

"(1) maintain the United States Government assistance awards information system established as a result of the study conducted under section 9 of the Federal Program Information Act;

// 31 USC 1701. //

and

"(2) update the system on a quarterly basis.

"(b) To carry out subsection (a) of this section, the Director--,

"(1) may delegate the responsibility for carrying out subsection (a) of this section to the head of another executive agency;

"(2) shall review a report the head of an agency submits to the Director on the method of carrying out subsection (a) of this section; and

"(3) may validate, by appropriate means, the method by which an agency prepares the report.".

(B) The analysis of chapter 61 is amended by inserting

immediately

below item 6102 the following:

"6102a. Assistance awards information system.".

(24) Section 6501(1)(B) is amended by striking out "the law of".

(25) Section 6709(a) is amended by adding at the end the following:

"(5) For quarterly payments made for quarters beginning after December 31, 1982, the New Jersey Franchise and Gross Receipts Taxes (N.J. Rev. Stat. 54:30 A-18.1) transferred to a unit of general local government in New Jersey in each of the years beginning January 1, 1980, January 1, 1981, and January 1, 1982, are deemed to be an adjusted tax of the unit under paragraph (2) of this subsection.".

(26) Section 9101 is amended by striking out "(K) the National Consumer Cooperative Bank.".

(27) Sections 9107(c)(3) and 9108(d)(2) are each amended by striking out "the National Consumer Cooperative Bank,".

CONFORMING AND TECHNICAL PROVISIONS

Sec. 2. (a) Title 5, United States Code, is amended as follows:

(1) In section 552a(b) and (m), strike out "section 3(d) of the Federal Claims Collection Act of 1966 (31 U.S.C. 952(d))" and substitute "section 3711(f) of title 31".

(2) In section 5514(a)(3), strike out "the Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.)" and substitute "sections 3711 and 3716 - 3718 of title 31".

(b) Section 1114 of title 18 is amended by striking out "the Federal Claims Collection Act of 1966 (31 U.S.C. 951 et seq.)" and substituting "sections 3711 and 3716 - 3718 of title 31".

(c) The Internal Revenue Code of 1954 (26 U.S.C. 1 et seq.) is amended as follows:

(1) Sections 405(b)(1) and 409(a)

// 26 USC 405, 409. //

are each amended by striking out "the Second Liberty Bond Act, as amended" and " Act" and substituting "chapter 31 of title 31" and "chapter", respectively.

(2) Section 454(c)(2)

// 26 USC 454. //

is amended by striking out "the Second Liberty Bond Act" and substituting "chapter 31 of title 31".

(3) Section 1037(a)

// 26 USC 1037. //

is amended by striking out "the Second Liberty Bond Act" and " Act" and substituting "chapter 31 of title 31" and "chapter", respectively.

(4) Section 6103(m)(2) is amended by striking out "section 3 of the Federal Claims Collection Act of 1966 (31 U.S.C. 952)" wherever appearing and substituting "sections 3711, 3717, and 3718 of title 31".

(d) Title 28, United States Code, is amended as follows:

(1) Section 1961(b) is amended by striking out "section 1302 of the Act of July 27, 1956 (31 U.S.C. 724a)" and substituting "section 1304(b) of title 31".

(2) Section 2415 of title 28 is amended by striking out "section 5 of the Federal Claims Collection Act of 1966" and substituting "section 3716 of title 31".

(e) Title 38, United States Code, is amended as follows:

(1) Section 210(b)(2)(A) is amended by striking out "section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a))" and substituting "section 1105 of title 31".

(2) Section 1823(c)

// 38 USC 1823. //

is amended by striking out "the Second Liberty Bond Act" wherever appearing and substituting "chapter 31 of title 31".

(3) Section 4207 is amended by striking out "section 3523 of title 31" and substituting "chapter 35 of title 31".

(4) Sections 5010(a)(1) and 5011(f)

// 38 USC 5010. //

are each amended by striking out "section 201(a) of the Budget and Accounting Act, 1921 (31 U.S.C. 11(a))" and substituting "section 1105 of title 31".

(f) Section 2007 of title 39, United States Code, is amended by striking out "the Second Liberty Bond Act" wherever appearing and substituting "chapter 31 of title 31".

(g) The amendment made by section 1(17) of this Act // 31 USC 3721. // applies only to claims arising after July 27, 1982.

(h) The amendment made by section 1(25) of this Act // 31 USC 6709. // is effective after December 31, 1982, only if the Governor of New Jersey notifies the Secretary of the Treasury that, before January 1, 1983, the State amended the New Jersey Franchise and Gross Receipts Taxes statute to provide for the collection and retention of those taxes by units of general local government for years beginning as of January 1, 1983.

(i) The amendments made by section 1(11), (14),

(19, (22), (24), (26), and (27) // 31 USC 3331. // are effective as of September 13, 1982.

LEGISLATIVE PURPOSE AND CONSTRUCTION

Sec. 3. (a) Sections 1 and 2 of this Act restate, // 31 USC prec. 101. // without substantive change, laws enacted before December 1, 1982, that were replaced by those sections. Sections 1 and 2 may not be construed as making a substantive change in the laws replaced. Laws enacted after November 30, 1982, that are inconsistent with this Act supersede this Act to the extent of the inconsistency.

(b) A reference to a law replaced by sections 1 and 2 of this Act, including a reference in a regulation, order, or other law, is deemed to refer to the corresponding provision enacted by this Act.

(c) An order, rule, or regulation in effect under a law replaced by sections 1 and 2 of this Act continues in effect under the corresponding provision enacted by this Act until repealed, amended, or superseded.

(d) An action taken or an offense committed under a law replaced by sections 1 and 2 of this Act is deemed to have been taken or committed under the corresponding provision enacted by this Act.

(e) An inference of a legislative construction is not to be drawn by reason of the location in the United State Code of a provision enacted by this Act or by reason of the caption or catchline of the provision.

(f) If a provision enacted by this Act is held invalid, all valid provisions that are severable from the invalid provision remain in effect. If a provision of this Act is held invalid in any of its applications, the provision remains valid for all valid applications that are severable from any of the invalid applications.

REPEALS

Sec. 4. (a) The repeal of a law enacted by this Act // 31 USC prec. 101. // may not be construed as a legislative inference that the provision was or was not in effect before its repeal.

(b) The laws specified in the following schedule are repealed, except for rights and duties that matured, penalties that were incurred, and proceedings that were begun before the date of enactment of this Act:

SCHEDULE OMITTED.

Approved January 12, 1983.

LEGISLATIVE HISTORY- H.R. 7378:

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 13, considered and passed House.

Dec. 19, considered and passed Senate.

PUBLIC LAW 97-451, 96 STAT. 2447, FEDERAL OIL AND GAS ROYALTY MANAGEMENT ACT OF 1982

97th CONGRESS, H.R. 5121 JANUARY 12, 1983
An Act To ensure that all oil and gas originated on the public

lands and on the Outer

Continental Shelf are properly accounted for under

the direction of the Secretary

of the Interior, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SHORT TITLE AND TABLE OF CONTENTS

Section 1. This Act // 30 USC 1701. // may be cited as the " Federal Oil and Gas Royalty Management Act of 1982".

TABLE OF CONTENTS

Sec. 1. Short title and table of contents.

Sec. 2. Findings and purposes.

Sec. 3. Definitions.

TITLE I-FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT

Sec. 101. Duties of the Secretary.

Sec. 102. Duties of lessees, operators, and motor vehicle transporters.

Sec. 103. Required recordkeeping.

Sec. 104. Prompt disbursement of royalties.

Sec. 105. Explanation of payments.

Sec. 106. Liabilities and bonding.

Sec. 107. Hearings and investigations.

Sec. 108. Inspections.

Sec. 109. Civil penalties.

Sec. 110. Criminal penalties.

Sec. 111. Royalty interest, penalties and payments.

Sec. 112. Injunction and specific enforcement authority.

Sec. 113. Rewards.

Sec. 114. Noncompetitive oil and gas lease royalty rates.

TITLE II-STATES AND INDIAN TRIBES

Sec. 201. Application of title.

Sec. 202. Cooperative agreements.

Sec. 203. Information.

Sec. 204. State suits under Federal law.

Sec. 205. Delegation to States.

Sec. 206. Shared civil penalties.

TITLE III-GENERAL PROVISIONS

Sec. 301. Secretarial authority.

Sec. 302. Reports.

Sec. 303. Study of other minerals.

Sec. 304. Relation to other laws.

Sec. 305. Effective date.

Sec. 306. Funding.

Sec. 307. Statute of limitations.

Sec. 308. Expanded royalty obligations.

Sec. 309. Severability.

TITLE IV-REINSTATEMENT OF LEASES AND CONVERSION OF UNPATENTED OIL PLACER CLAIMS

Sec. 401. Amendment of Mineral Lands Leasing Act of 1920.

Sec. 2. // 30 USC 1701. // (a) Congress finds that--,

(1) the Secretary of the Interior should enforce effectively and uniformly existing regulations under the mineral leasing laws providing for the inspection of production activities on lease sites on Federal and Indian lands;

(2) the system of accounting with respect to royalties and other payments due and owing on oil and gas produced from such lease sites is archaic and inadequate;

(3) it is essential that the Secretary initiate procedures to improve methods of accounting for such royalties and payments and to provide for routine inspection of activities related to the production of oil and gas on such lease sites; and

(4) the Secretary should aggressively carry out his trust responsibility in the administration of Indian oil and gas.

(b) It is the purpose of this Act--,

(1) to clarify, reaffirm, expand, and define the responsibilities and obligations of lessees, operators, and other persons involved in transportation or sale of oil and gas from the Federal and Indian lands and the Outer Continental Shelf;

(2) to clarify, reaffirm, expand and define the authorities and responsibilities of the Secretary of the Interior to implement and maintain a royalty management system for oil and gas leases on Federal lands, Indian lands, and the Outer Continental Shelf;

(3) to require the development of enforcement practices that ensure the prompt and proper collection and disbursement of oil and gas revenues owed to the United States and Indian lessors and those inuring to the benefit of States;

(4) to fulfill the trust responsibility of the United States for the administration of Indian oil and gas resources; and

(5) to effectively utilize the capabilities of the States and Indian tribes in developing and maintaining an efficient and effective Federal royalty management system.

DEFINITIONS

Sec. 3. // 30 USC 1702. // For the purposes of this Act, the term--,

(1) " Federal land" means all land and interests in land owned by the United States which are subject to the mineral leasing laws, including mineral resources or mineral estates reserved to the United States in the conveyance of a surface or nonmineral estate;

(2) " Indian allottee" means any Indian for whom land or an interest in land is held in trust by the United States or who holds title subject to Federal restriction against alienation;

(3) "indian lands" means any lands or interest in lands of an Indian tribe or an Indian allottee held in trust by the United States or which is subject to Federal restriction against alienation, including mineral resources and mineral estates reserved to an Indian tribe or an Indian allottee in the conveyance of a surface or nonmineral estate, except that such term does not include any lands subject to the provisions of section 3 of the Act of June 28, 1906 (34 Stat. 539);

(4) " Indian tribe" means any Indian tribe, band, nation, pueblo, community, rancheria, colony, or other group of Indians, including the Metlakatla Indian Community of Annette Island Reserve, for which any land or interest in land is held by the United States in trust or which is subject to Federal restriction against alienation;

(5) "lease" means any contract, profit-share arrangement, joint venture, or other agreement issued or approved by the United States under a mineral leasing law that authorizes exploration for, extraction of, or removal of oil or gas;

(6) "lease site" means any lands or submerged lands, including the surface of a severed mineral estate, on which exploration for, or extraction or removal of, oil or gas is authorized pursuant to a lease;

(7) "lessee" means any person to whom the United States, an Indian tribe, or an Indian allottee, issues a lease, or any person who has been assigned an obligation to make royalty or other payments required by the lease;

(8) "mineral leasing law" means any Federal law administered by the Secretary authorizing the disposition under lease of oil or gas;

(9) "oil or gas" means any oil or gas originating from, or allocated to, the Outer Continental Shelf, Federal, or Indian lands;

(10) " Outer Continental Shelf" has the same meaning as provided in the Outer Continental Shelf Lands Act (Public Law 95 - 372);

// 43 USC 1801. //

(11) "operator" means any person, including a lessee, who has control of, or who manages operations on, an oil and gas lease site on Federal or Indian lands or on the Outer Continental Shelf;

(12) "person" means any individual, firm, corporation, association, partnership, consortium, or joint venture;

(13) "production" means those activities which take place for the removal of oil or gas, including such removal, field operations, transfer of oil or gas off the lease site, operation monitoring, maintenance, and workover drilling;

(14) "royalty" means any payment based on the value or volume of production which is due to the United States or an Indian tribe or an Indian allottee on production of oil or gas from the Outer Continental Shelf, Federal, or Indian lands, or any minimum royalty owed to the United States or an Indian tribe or an Indian allottee under any provision of a lease;

(15) " Secretary" means the Secretary of the Interior or his designee; and

(16) " State" means the several States of the Union, the District of Columbia, Puerto Rico, the territories and possessions of the United States, and the Trust Territory of the Pacific Islands.

TITLE I-FEDERAL ROYALTY MANAGEMENT AND ENFORCEMENT DUTIES OF THE SECRETARY

Sec. 101. // 30 USC 1711. // (a) The Secretary shall establish a comprehensive inspection, collection and fiscal and production accounting and auditing system to provide the capability to accurately determine oil and gas royalties, interest, fines, penalties, fees, deposits, and other payments owed, and to collect and account for such amounts in a timely manner.

(b) The Secretary shall--,

(1) establish procedures to ensure that authorized and properly identified representatives of the Secretary will inspect at least once annually each lease site producing or expected to produce significant quantities of oil or gas in any year or which has a history of noncompliance with applicable provisions of law or regulations; and

(2) establish and maintain adequate programs providing for the training of all such authorized representatives in methods and techniques of inspection and accounting that will be used in the implementation of this Act.

(c)(1) The Secretary shall audit and reconcile, to the extent practicable, all current and past lease accounts for leases of oil or gas and take appropriate actions to make additional collections or refunds as warranted. The Secretary shall conduct audits and reconciliations of lease accounts in conformity with the business practices and recordkeeping systems which were required of the lessee by the Secretary for the period covered by the audit. The Secretary shall give priority to auditing those lease accounts identified by a State or Indian tribe as having significant potential for underpayment. The Secretary may also audit accounts and records of selected lessees and operators.

(2) The Secretary may enter into contracts or other appropriate arrangements with independent certified public accountants to undertake audits of accounts and records of any lessee or operator relating to the lease of oil or gas. Selection of such independent certified public accountants shall be by competitive bidding in accordance with the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 252), except that the Secretary may not enter into a contract or other arrangement with any independent certified public accountant to audit any lessee or operator where such lessee or operator is a primary audit client of such certified public accountant.

(3) All books, accounts, financial records, reports, files, and other papers of the Secretary, or used by the Secretary, which are reasonably necessary to facilitate the audits required under this section shall be made available to any person or governmental entity conducting audits under this Act.

DUTIES OF LESSEES, OPERATORS, AND MOTOR VEHICLE

TRANSPORTERS

Sec. 102. // 30 USC 1712. // (a) A lessee--,

(1) who is required to make any royalty or other payment under a lease or under the mineral leasing laws, shall make such payments in the time and manner as may be specified by the Secretary; and

(2) shall notify the Secretary, in the time and manner as may be specified by the Secretary, of any assignment the lessee may have made of the obligation to make any royalty or other payment under a lease or under the mineral leasing laws.

(b) An operator shall--,

(1) develop and comply with a site security plan designed to protect the oil or gas produced or stored on an onshore lease site from theft, which plan shall conform with such minimum standards as the Secretary may prescribe by rule, taking into account the variety of circumstances at lease sites;

(2) develop and comply with such minimum site security measures as the Secretary deems appropriate to protect oil or gas produced or stored on a lease site or on the Outer Continental Shelf from theft; and

(3) not later than the 5th business day after any well begins production anywhere on a lease site or allocated to a lease site, or resumes production in the case of a well which has been off of production for more than 90 days, notify the Secretary, in the manner prescribed by the Secretary, of the date on which such production has begun or resumed.

(c)(1) Any person engaged in transporting by motor vehicle any oil from any lease site, or allocated to any such lease site, shall carry, on his person, in his vehicle, or in his immediate control, documentation showing, at a minimum, the amount, origin, and intended first destination of the oil.

(2) Any person engaged in transporting any oil or gas by pipeline from any lease site, or allocated to any lease site, on Federal or Indian lands shall maintain documentation showing, at a minimum, amount, origin, and intended first destination of such oil or gas.

REQUIRED RECORDKEEPING

Sec. 103. // 30 USC 1713. // (a) A lessee, operator, or other person directly involved in developing, producing, transporting, purchasing, or selling oil or gas subject to this Act through the point of first sale or the point of royalty computation, whichever is later, shall establish and maintain any records, make any reports, and provide any information that the Secretary may, by rule, reasonably require for the purposes of implementing this Act or determining compliance with rules or orders under this Act. Upon the request of any officer or employee duly designated by the Secretary or any State or Indian tribe conducting an audit or investigation pursuant to this Act, the appropriate records, reports, or information which may be required by this section shall be made available for inspection and duplication by such officer or employee, State, or Indian tribe.

(b) Records required by the Secretary with respect to oil and gas leases from Federal or Indian lands or the Outer Continental Shelf shall be maintained for 6 years after the records are generated unless the Secretary notifies the record holder that he has initiated an audit or investigation involving such records and that such records must be maintained for a longer period. In any case when an audit or investigation is underway, records shall be maintained until the Secretary releases the record holder of the obligation to maintain such records.

PROMPT DISBURSEMENT OF ROYALTIES

Sec. 104. (a) Section 35 of the Mineral Lands Leasing Act of 1920 (approved February 25, 1920; 41 Stat. 437; 30 U.S.C. 191) is amended by deleting "as soon as practicable after March 31 and September 30 of each year" and by adding at the end thereof " Payments to States under this section with respect to any moneys received by the United States, shall be made not later than the last business day of the month in which such moneys are warranted by the United States Treasury to the Secretary as having been received, except for any portion of such moneys which is under challenge and placed in a suspense account pending resolution of a dispute. Such warrants shall be issued by the United States Treasury not later than 10 days after receipt of such moneys by the Treasury. Moneys placed in a suspense account which are determined to be payable to a State shall be made not later than the last business day of the month in which such dispute is resolved. Any such amount placed in a suspense account pending resolution shall bear interest until the dispute is resolved.".

(b) Deposits of any royalty funds derived from the production of oil or gas from, or allocated to, Indian lands shall be made by the Secretary to the appropriate Indian account at the earliest practicable date after such funds are received by the Secretary but in no case later than the last business day of the month in which such funds are received.

(c) The provisions of this section // 30 USC 1714. // shall apply with respect to payments received by the Secretary after October 1, 1983, unless the Secretary, by rule, prescribes an earlier effective date.

EXPLANATION OF PAYMENTS

Sec. 105. // 30 USC 1715. // (a) When any payment (including amounts due from receipt of any royalty, bonus, interest charge, fine, or rental) is made by the United States to a State with respect to any oil or gas lease on Federal lands or is deposited in the appropriate Indian account on behalf of an Indian tribe or Indian allottee with respect to any oil and gas lease on Indian lands, there shall be provided, together with such payment, a description of the type of payment being made, the period covered by such payment, the source of such payment, production amounts, the royalty rate, unit value and such other information as may be agreed upon by the Secretary and the recipient State, Indian tribe, or Indian allottee.

(b) This section shall take effect with respect to payments made after October 1, 1983, unless the Secretary, by rule, prescribes an earlier effective date.

LIABILITIES AND BONDING

Sec. 106. // 30 USC 1716. // A person (including any agent or employee of the United States and any independent contractor) authorized to collect, receive, account for, or otherwise handle any moneys payable to, or received by, the Department of the Interior which are derived from the sale, lease, or other disposal of any oil or gas shall be--,

(1) liable to the United States for any losses caused by any intentional or reckless action or inaction of such individual with respect to such moneys; and

(2) in the case of an independent contractor, required as the Secretary deems necessary to maintain a bond commensurate with the amount of money for which such individual could be liable to the United States.

HEARINGS AND INVESTIGATIONS

Sec. 107. // 30 USC 1717. // (a) In carrying out his duties under this Act the Secretary may conduct any investigation or other inquiry necessary and appropriate and may conduct, after notice, any hearing or audit, necessary and appropriate to carrying out his duties under this Act. In connection with any such hearings, inquiry, investigation, or audit, the Secretary is also authorized where reasonably necessary--,

(1) to require by special or general order, any person to submit in writing such affidavits and answers to questions as the Secretary may reasonably prescribe, which submission shall be made within such reasonable period and under oath or otherwise, as may be necessary;

(2) to administer oaths;

(3) to require by subpena the attendance and testimony of witnesses and the production of all books, papers, production and financial records, documents, matter, and materials, as the Secretary may request;

(4) to order testimony to be taken by deposition before any person who is designated by the Secretary and who has the power to administer oaths, and to compel testimony and the production of evidence in the same manner as authorized under paragraph (3) of this subsection; and

(5) to pay witnesses the same fees and mileage as are paid in like circumstances in the courts of the United States.

(b) In case of refusal to obey a subpena served upon any person under this section, the district court of the United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General at the request of the Secretary and after notice to such person, shall have jurisdiction to issue an order requiring such person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary. Any failure to obey such order of the court may be punished by such court as contempt thereof and subject to a penalty of up to $10,000 a day.

INSPECTIONS

Sec. 108. // 30 USC 1718. // (a)(1) On any lease site on Federal or Indian lands, any authorized and properly identified representative of the Secretary may stop and inspect any motor vehicle that he has probable cause to believe is carrying oil from a lease site on Federal or Indian lands or allocated to such a lease site, for the purpose of determining whether the driver of such vehicle has documentation related to such oil as required by law.

(2) Any authorized and properly identified representative of the Secretary, accompanied by any appropriate law enforcement officer, or an appropriate law enforcement officer alone, may stop and inspect any motor vehicle which is not on a lease site if he has probable cause to believe the vehicle is carrying oil from a lease site on Federal or Indian lands or allocated to such a lease site. Such inspection shall be for the purpose of determining whether the driver of such vehicle has the documentation required by law.

(b) Authorized and properly identified representatives of the Secretary may without advance notice, enter upon, travel across and inspect lease sites on Federal or Indian lands and may obtain from the operator immediate access to secured facilities on such lease sites, for the purpose of making any inspection or investigation for determining whether there is compliance with the requirements of the mineral leasing laws and this Act. The Secretary shall develop guidelines setting forth the coverage and the frequency of such inspections.

(c) For the purpose of making any inspection or investigation under this Act, the Secretary shall have the same right to enter upon or travel across any lease site as the lessee or operator has acquired by purchase, condemnation, or otherwise.

CIVIL PENALTIES

Sec. 109. // 30 USC 1719. // (a) Any person who--,

(1) after due notice of violation or after such violation has been reported under subparagraph (A), fails or refuses to comply with any requirements of this Act or any mineral leasing law, any rule or regulation thereunder, or the terms of any lease or permit issued thereunder; or

(2) fails to permit inspection authorized in section 108 or fails to notify the Secretary of any assignment under section 102(a)(2)

shall be liable for a penalty of up to $500 per violation for each day such violation continues, dating from the date of such notice or report. A penalty under this subsection may not be applied to any person who is otherwise liable for a violation of paragraph (1) if:

(A) the violation was discovered and reported to the Secretary or his authorized representative by the liable person and corrected within 20 days after such report or such longer time as the Secretary may agree to; or

(B) after the due notice of violation required in paragraph (1) has been given to such person by the Secretary or his authorized representative, such person has corrected the violation within 20 days of such notification or such longer time as the Secretary may agree to.

(b) If corrective action is not taken within 40 days or a longer period as the Secretary may agree to, after due notice or the report referred to in subsection (a)(1), such person shall be liable for a civil penalty of not more than $5,000 per violation for each day such violation continues, dating from the date of such notice or report.

(c) Any person who--,

(1) knowingly or willfully fails to make any royalty payment by the date as specified by statute, regulation, order or terms of the lease;

(2) fails or refuses to permit lawful entry, inspection, or audit; or

(3) knowingly or willfully fails or refuses to comply with subsection 102(b)(3),

shall be liable for a penalty of up to $10,000 per violation for each day such violation continues.

(d) Any person who--,

(1) knowingly or willfully prepares, maintains, or submits false, inaccurate, or misleading reports, notices, affidavits, records, data, or other written information;

(2) knowingly or willfully takes or removes, transports, uses or diverts any oil or gas from any lease site without having valid legal authority to do so; or

(3) purchases, accepts, sells, transports, or conveys to another, any oil or gas knowing or having reason to know that such oil or gas was stolen or unlawfully removed or diverted,

shall be liable for a penalty of up to $25,000 per violation for each day such violation continues.

(e) No penalty under this section shall be assessed until the person charged with a violation has been given the opportunity for a hearing on the record.

(f) The amount of any penalty under this section, as finally determined may be deducted from any sums owing by the United States to the person charged.

(g) On a case-by-case basis the Secretary may compromise or reduce civil penalties under this section.

(h) Notice under this subsection (a) shall be by personal service by an authorized representative of the Secretary or by registered mail. Any person may, in the manner prescribed by the Secretary, designate a representative to receive any notice under this subsection.

(i) In determining the amount of such penalty, or whether it should be remitted or reduced, and in what amount, the Secretary shall state on the record the reasons for his determinations.

(j) Any person who has requested a hearing in accordance with subsection (e) within the time the Secretary has prescribed for such a hearing and who is aggrieved by a final order of the Secretary under this section may seek review of such order in the United States district court for the judicial district in which the violation allegedly took place. Review by the district court shall be only on the administrative record and not de novo. Such an action shall be barred unless filed within 90 days after the Secretary's final order.

(k) If any person fails to pay an assessment of a civil penalty under this Act--,

(1) after the order making the assessment has become a final order and if such person does not file a petition for judicial review of the order in accordance with subsection (j), or

(2) after a court in an action brought under subsection (j) has entered a final judgment in favor of the Secretary,

the court shall have jurisdiction to award the amount assessed plus interest from the date of the expiration of the 90-day period referred to in subsection (j). Judgment by the court shall include an order to pay.

(l) No person shall be liable for a civil penalty under subsection (a) or (b) for failure to pay any rental for any lease automatically terminated pursuant to section 31 of the Mineral Leasing Act of 1920. // 30 USC 188. //

CRIMINAL PENALTIES

Sec. 110. // 30 USC 1720. // Any person who commits an act for which a civil penalty is provided in section 109(d) shall, upon conviction, be punished by a fine of not more than $50,000, or by imprisonment for not more than 2 years, or both.

ROYALTY INTEREST, PENALTIES AND PAYMENTS

Sec. 111. // 30 USC 1721. // (a) In the case of oil and gas leases where royalty payments are not received by the Secretary on the date that such payments are due, or are less than the amount due, the Secretary shall charge interest on such late payments or underpayments at the rate applicable under section 6621 of the Internal Revenue Code of 1954. // 26 USC 6621. // In the case of an underpayment or partial payment, interest shall be computed and charged only on the amount of the deficiency and not on the total amount due.

(b) Any payment made by the Secretary to a State under section 35 of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 191) and any other payment made by the Secretary to a State from any oil or gas royalty received by the Secretary which is not paid on the date required under section 35 shall include an interest charge computed at the rate applicable under section 6621 of the Internal Revenue Code of 1954. // 26 USC 6621. //

(c) All interest charges collected under this Act or under other applicable laws because of nonpayment, late payment or underpayment of royalties due and owing an Indian tribe or an Indian allottee shall be deposited to the same account as the royalty with respect to which such interest is paid.

(d) Any deposit of royalty funds made by the Secretary to an Indian account which is not made by the date required under subsection 104(b) shall include an interest charge computed at the rate applicable under section 6621 of the Internal Revenue Code of 1954. // 26 USC 6621. //

(e) Notwithstanding any other provision of law, no State will be assessed for any interest or penalties found to be due against the Secretary for failure to comply with the Emergency Petroleum Allocation Act of 1973 // 15 USC 751. // or regulation of the Secretary of Energy thereunder concerning crude oil certification or pricing with respect to crude oil taken by the Secretary in kind as royalty. Any State share of an overcharge, resulting from such failure to comply, shall be assessed against moneys found to be due and owing to such State as a result of audits of royalty accounts for transactions which took place prior to the date of the enactment of this Act except that if after the completion of such audits, sufficient moneys have not been found due and owing to any State, the State shall be assessed the balance of that State's share of the overcharge.

(f) Interest shall be charged under this section only for the number of days a payment is late.

(g) The first sentence of section 35 of the Act of February 25, 1920 // 30 USC 191. // is amended by inserting "including interest charges collected under the Federal Oil and Gas Royalty Management Act of 1982" between "royalties" and "and".

INJUNCTION AND SPECIFIC ENFORCEMENT AUTHORITY

Sec. 112. // 30 USC 1722. // (a) In addition to any other remedy under this Act or any mineral leasing law, the Attorney General of the United States or his designee may bring a civil action in a dristrict court of the United States, which shall have jurisdiction over such actions--,

(1) to restrain any violation of this Act; or

(2) to compel the taking of any action required by or under this Act or any mineral leasing law of the United States.

(b) A civil action described in subsection (a) may be brought only in the United States district court for the judicial district wherein the act, omission, or transaction constituting a violation under this Act or any other mineral leasing law occurred, or wherein the defendant is found or transacts business.

REWARDS

Sec. 113. // 30 USC 1723. // Where amounts representing royalty or other payments owed to the United States with respect to any oil and gas lease on Federal lands or the Outer Continental Shelf are recovered pursuant to any action taken by the Secretary under this Act as a result of information provided to the Secretary by any person, the Secretary is authorized to pay to such person an amount equal to not more than 10 percent of such recovered amounts. The preceding sentence shall not apply to information provided by an officer or employee of the United States, an officer or employee of a State or Indian tribe acting pursuant to a cooperative agreement or delegation under this Act, or any person acting pursuant to a contract authorized by this Act.

NONCOMPETITIVE OIL AND GAS LEASE ROYALTY RATES

Sec. 114. The Secretary is directed to conduct a thorough study of the effects of a change in the royalty rate under section 17(c) of the Mineral Leasing Act of 1920 // 30 USC 226. // on: (a) the exploration, development, or production of oil or gas; and (b) the overall revenues generated by such change. Such study shall be completed and submitted to Congress within six months after the date of enactment of this Act.

TITLE II-STATES AND INDIAN TRIBES APPLICATION OF TITLE

Sec. 201. // 30 USC 1731. // This title shall apply only with respect to oil and gas leases on Federal lands or Indian lands. Nothing in this title shall be construed to apply to any lease on the Outer Continental Shelf.

COOPERATIVE AGREEMENTS

Sec. 202. // 30 USC 1732. // (a) The Secretary is authorized to enter into a cooperative agreement or agreements with any State or Indian tribe to share oil or gas royalty management information, to carry out inspection, auditing, investigation or enforcement (not including the collection of royalties, civil or criminal penalties or other payments) activities under this Act in cooperation with the Secretary, and to carry out any other activity described in section 108 of this Act. The Secretary shall not enter into any such cooperative agreement with a State with respect to any such activities on Indian lands, except with the permission of the Indian tribe involved.

(b) Except as provided in section 203, and pursuant to a cooperative agreement--,

(1) each State shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of oil or gas from leases on Federal lands within the State; and

(2) each Indian tribe shall, upon request, have access to all royalty accounting information in the possession of the Secretary respecting the production, removal, or sale of oil or gas from leases on Indian lands under the jurisdiction of such tribe.

Information shall be made available under paragraphs (1) and (2) as soon as practicable after it comes into the possession of the Secretary. Effective October 1, 1983, such information shall be made available under paragraphs (1) and (2) not later than 30 days after such information comes into the possession of the Secretary.

(c) Any cooperative agreement entered into pursuant to this section shall be in accordance with the provisions of the Federal Grant and Cooperative Agreement Act of 1977, // 41 USC 501. // and shall contain such terms and conditions as the Secretary deems appropriate and consistent with the purposes of this Act, including, but not limited to, a limitation on the use of Federal assistance to those costs which are directly required to carry out the agreed upon activities.

INFORMATION

Sec. 203. // 30 USC 1733. // (a) Trade secrets, proprietary and other confidential information shall be made available by the Secretary, pursuant to a cooperative agreement, to a State or Indian tribe upon request only if--,

(1) such State or Indian tribe consents in writing to restrict the dissemination of the information to those who are directly involved in an audit or investigation under this Act and who have a need to know;

(2) such State or tribe accepts liability for wrongful disclosure;

(3) in the case of a State, such State demonstrates that such information is essential to the conduct of an audit or investigation or to litigation under section 204; and

(4) in the case of an Indian tribe, such tribe demonstrates that such information is essential to the conduct of an audit or investigation and waives sovereign immunity by express consent for wrongful disclosure by such tribe.

(b) The United States shall not be liable for the wrongful disclosure by any individual, State, or Indian tribe of any information provided to such individual, State, or Indian tribe pursuant to any cooperative agreement or a delegation, authorized by this Act.

(c) Whenever any individual, State, or Indian tribe has obtained possession of information pursuant to a cooperative agreement authorized by this section, or any individual or State has obtained possession of information pursuant to a delegation under section 205, the individual shall be subject to the same provisions of law with respect to the disclosure of such information as would apply to an officer or employee of the United States or of any department or agency thereof and the State or Indian tribe shall be subject to the same provisions of law with respect to the disclosure of such information as would apply to the United States or any department or agency thereof. No State or State officer or employee who receives trade secrets, proprietary information, or other confidential information under this Act may be required to disclose such information under State law.

STATE SUITS UNDER FEDERAL LAW

Sec. 204. // 30 USC 1734. // (a)(1) A State may commence a civil action under this section against any person to recover any royalty, interest, or civil penalty which the State believes is due, based upon credible evidence, with respect to any oil and gas lease on Federal lands located within the State.

(2)(A) No action may be commenced under paragraph (1) prior to 90 days after the State has given notice in writing to the Secretary of the payment required. Such 90-day limitation may be waived by the Secretary on a case-by-case basis.

(B) If, within the 90-day period specified in subparagraph (A), the Secretary issues a demand for the payment concerned, no action may be commenced under paragraph (1) with respect to such payment during a 45-day period after issuance of such demand. If, during such 45-day period, the Secretary receives payment in full, no action may be commenced under paragraph (1).

(C) If the Secretary refers the case to the Attorney General of the United States within the 45-day period referred to in subparagraph (B) or within 10 business days after the expiration of such 45-day period, no action may be commenced under paragraph (1) if the Attorney General, within 45 days after the date of such referral, commences, and thereafter diligently prosecutes, a civil action in a court of the United States with respect to the payment concerned.

(3) The State shall notify the Secretary and the Attorney General of the United States of any suit filed by the State under this section.

(4) A court in issuing any final order in any action brought under paragraph (1) may award costs of litigation including reasonable attorney and expert witness fees, to any party in such action if the court determines such an award is appropriate.

(b) An action brought under subsection (a) of this section may be brought only in a United States district court for the judicial district in which the lease site or the leasing activity complained of is located. Such district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to require compliance or order payment in any such action.

(c)(1) Notwithstanding any other provision of law, any civil penalty recovered by a State under subsection (a) shall be retained by the State and may be expended in such manner and for such purposes as the State deems appropriate.

(2) Any rent, royalty, or interest recovered by a State under subsection (a) shall be deposited in the Treasury of the United States in the same manner, and subject to the same requirements, as are applicable in the case of any rent, royalty, or interest collected by an officer or employee of the United States, except that such amounts shall be deposited in the Treasury not later than 10 days after receipt by the State.

DELEGATION TO STATES

Sec. 205. // 30 USC 1735. // (a) Upon written request of any State, the Secretary is authorized to delegate, in accordance with the provisions of this section, all or part of the authorities and responsibilities of the Secretary under this Act to conduct inspections, audits, and investigations to any State with respect to all Federal lands or Indian lands within the State; except that the Secretary may not undertake such a delegation with respect to any Indian lands, except with the permission of the Indian tribe allottee involved.

(b) After notice and opportunity for a hearing, the Secretary is authorized to delegate such authorities and responsibilities granted under this section as the State has requested, if the Secretary finds that--,

(1) it is likely that the State will provide adequate resources to achieve the purposes of this Act;

(2) the State has demonstrated that it will effectively and faithfully administer the rules and regulations of the Secretary under this Act in accordance with the requirements of subsections (c) and (d) of this section; and

(3) such delegation will not create an unreasonable burden on any lessee,

with respect to the Federal lands and Indian lands within the State.

(c) The Secretary shall promulgate regulations which define those functions, if any, which must be carried out jointly in order to avoid duplication of effort, and any delegation to any State must be made in accordance with those requirements.

(d) The Secretary shall by rule promulgate standards and regulations, pertaining to the authorities and responsibilities under subsection (a), including standards and regulations pertaining to:

(1) audits performed;

(2) records and accounts to be maintained; and

(3) reporting procedures to be required by States under this section.

Such standards and regulations shall be designed to provide reasonable assurance that a uniform and effective royalty management system will prevail among the States. The records and accounts under paragraph (2) shall be sufficient to allow the Secretary to monitor the performance of any State under this section.

(e) If, after notice and opportunity for a hearing, the Secretary finds that any State to which any authority or responsibility of the Secretary has been delegated under this section is in violation of any requirement of this section or any rule thereunder, or that an affirmative finding by the Secretary under subsection (b) can no longer be made, the Secretary may revoke such delegation.

(f) The Secretary shall compensate any State for those costs which may be necessary to carry out the delegated activities under this section. Payment shall be made no less than every quarter during the fiscal year.

SHARED CIVIL PENALTIES

Sec. 206. // 30 USC 1736. // An amount equal to 50 per centum of any civil penalty collected by the Federal Government under this Act resulting from activities conducted by a State or Indian tribe pursuant to a cooperative agreement under section 202 or a State under a delegation under section 205, shall be payable to such State or tribe. Such amount shall be deducted from any compensation due such State or Indian tribe under section 202 or such State under section 205.

TITLE III-GENERAL PROVISIONS SECRETARIAL AUTHORITY

Sec. 301. // 30 USC 1751. // (a) The Secretary shall prescribe such rules and regulations as he deems reasonably necessary to carry out this Act.

(b) Rules and regulations issued to implement this Act shall be issued in conformity with section 553 of title 5 of the United States Code, notwithstanding section 553(a)(2) of that title.

(c) In addition to entering into cooperative agreements or delegation of authority authorized under this Act, the Secretary may contract with such non-Federal Government inspectors, auditors, and other persons as he deems necessary to aid in carrying out his functions under this Act and its implementation. With respect to his auditing and enforcement functions under this Act, the Secretary shall coordinate such functions so as to avoid to the maximum extent practicable, subjecting lessees, operators, or other persons to audits or investigations of the same subject matter by more than one auditing or investigating entity at the same time.

REPORTS

Sec. 302. // 30 USC 1752. // (a) The Secretary shall submit to the Congress an annual report on the implementation of this Act. The information to be included in the report and the format of the report shall be developed by the Secretary after consulting with the Committees on Interior and Insular Affairs of the House of Representatives and on Energy and Natural Resources of the Senate. The Secretary shall also report on the progress of the Department in reconciling account balances.

(b) Commencing with fiscal year 1984, the Inspector General of the Department of the Interior shall conduct a biennial audit of the Federal royalty management system. The Inspector General shall submit the results of such audit to the Secretary and to the Congress.

STUDY OF OTHER MINERALS

Sec. 303. // 30 USC 1752. // (a) The Secretary shall study the question of the adequacy of royalty management for coal, uranium and other energy and nonenergy minerals on Federal and Indian lands. The study shall include proposed legislation if the Secretary determines that such legislation is necessary to ensure prompt and proper collection of revenues owed to the United States, the States and Indian tribes or Indian allottees from the sale, lease or other disposal of such minerals.

(b) The study required by subsection (a) of this section shall be submitted to Congress not later than one year from the date of the enactment of this Act.

RELATION TO OTHER LAWS

Sec. 304. // 30 USC 1753. // (a) The penalties and authorities provided in this Act are supplemental to, and not in derogation of, any penalties or authorities contained in any other provision of law.

(b) Nothing in this Act shall be construed to reduce the responsibilities of the Secretary to ensure prompt and proper collection of revenues from coal, uranium and other energy and nonenergy minerals on Federal and Indian lands, or to restrain the Secretary from entering into cooperative agreements or other appropriate arrangements with States and Indian tribes to share royalty management responsibilities and activities for such minerals under existing authorities.

(c) Except as expressly provided in subsection 302(b), nothing in this Act shall be construed to enlarge, diminish, or otherwise affect the authority or responsibility of the Inspector General of the Department of the Interior or of the Comptroller General of the United States.

(d) No provision of this Act impairs or affects lands and interests in land entrusted to the Tennessee Valley Authority.

EFFECTIVE DATE

Sec. 305. // 30 USC 1701. // The provisions of this Act shall apply to oil and gas leases issued before, on, or after the date of the enactment of this Act, except that in the case of a lease issued before such date, no provision of this Act or any rule or regulation prescribed under this Act shall alter the express and specific provisions of such a lease.

FUNDING

Sec. 306. // 30 USC 1754. // Effective October 1, 1983, there are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, including such sums as may be necessary for the cooperative agreements, contracts, and delegations authorized by this Act: Provided, That nothing in this Act shall be construed to affect or impair any authority to enter into contracts or make payments under any other provision of law.

STATUTE OF LIMITATIONS

Sec. 307. // 30 USC 1755. // Except in the case of fraud, any action to recover penalties under this Act shall be barred unless the action is commenced within 6 years after the date of the act or omission which is the basis for the action.

EXPANDED ROYALTY OBLIGATIONS

Sec. 308. // 30 USC 1756. // Any lessee is liable for royalty payments on oil or gas lost or wasted from a lease site when such loss or waste is due to negligence on the part of the operator of the lease, or due to the failure to comply with any rule or regulation, order or citation issued under this Act or any mineral leasing law.

SEVERABILITY

Sec. 309. // 30 USC 1757. // If any provision of this Act or the applicability thereof to any person or circumstances is held invalid, the remainder of this Act and the application of such provision to other persons or circumstances shall not be affected thereby.

TITLE IV-REINSTATEMENT OF LEASES AND CONVERSION OF UNPATENTED OIL PLACER CLAIMS AMENDMENT OF MINERAL LANDS LEASING ACT OF 1920

Sec. 401. Section 31 of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 188) is amended by redesignating subsection (d) as subsection (j) and by inserting after subsection (c) the following new subsections:

"(d)(1) Where any oil and gas lease issued pursuant to section 17(b) or section 17(c) of this Act or the Mineral Leasing Act for Acquired Lands (30 U.S.C. 351 et seq.), // 30 USC 226. // has been, or is hereafter, terminated automatically by operation of law under this section for failure to pay on or before the anniversary date the full amount of the rental due, and such rental is not paid or tendered within twenty days thereafter, and it is shown to the satisfaction of the Secretary of the Interior that such failure was justifiable or not due to lack of reasonable diligence on the part of the lessee, or, no matter when the rental is paid after termination, it is shown to the satisfaction of the Secretary that such failure was inadvertent, the Secretary may reinstate the lease as of the date of termination for the unexpired portion of the primary term of the original lease or any extension thereof remaining at the date of termination, and so long thereafter as oil or gas is produced in paying quantities. In any case where a lease is reinstated under this subsection and the Secretary finds that the reinstatement of such lease (A) occurs after the expiration of the primary term or any extension thereof, or (B) will not afford the lessee a reasonable opportunity to continue operations under the lease, the Secretary may, at his discretion, extend the term of such lease for such period as he deems reasonable, but in no event for more than two years from the date the Secretary authorized the reinstatement and so long thereafter as oil or gas is produced in paying quantities.

"(2) No lease shall be reinstated under paragraph (1) of this subsection unless--,

"(A) with respect to any lease that terminated under subsection (b) of this section prior to enactment of the Federal Oil and Gas Royalty Management Act of 1982:

"(i) the lessee tendered rental prior to enactment of such Act and the final determination that the lease

terminated

was made by the Secretary or a court less than three

years

before enactment of such Act, and

"(ii) a petition for reinstatement together with the required back rental and royalty accruing from the date

of

termination, is filed with the Secretary on or before

the one

hundred and twentieth day after enactment of such Act,

or

"(B) with respect to any lease that terminated under subsection (b) of this section on or after enactment of the Federal Oil and Gas Royalty Management Act of 1982, a petition for reinstatement together with the required back rental and royalty accruing from the date of termination is filed on or before the earlier of--,

"(i) sixty days after the lessee receives from the

Secretary

notice of termination, whether by return of check or by

any

other form of actual notice, or

"(ii) fifteen months after termination of the lease.

"(e) Any reinstatement under subsection (d) of this section shall be made only if these conditions are met:

"(1) no valid lease, whether still in existence or not, shall have been issued affecting any of the lands covered by the terminated lease prior to the filing of such petition: Provided, however, That after receipt of a petition for reinstatement, the Secretary shall not issue any new lease affecting any of the lands covered by such terminated lease for a reasonable period, as determined in accordance with regulations issued by him;

"(2) payment of back rentals and either the inclusion in a reinstated lease issued pursuant to the provisions of section 17( b) of this Act

// 30 USC 226. //

of a requirement for future rentals at a rate of not less than $10 per acre per year, or the inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act of a requirement that future rentals shall be at a rate not less than $5 per acre per year, all as determined by the Secretary;

"(3)(A) payment of back royalties and the inclusion in a reinstated lease issued pursuant to the provisions of section 17( b) of this Act of a requirement for future royalties at a rate of not less than 16 2/3 percent computed on a sliding scale based upon the average production per well per day, at a rate which shall be not less than 4 percentage points greater than the competitive royality schedule then in force and used for royalty determination for competitive leases issued pursuant to such section as determined by the Secretary: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the termination of the original lease;

"(B) payment of back royalties and inclusion in a reinstated lease issued pursuant to the provisions of section 17(c) of this Act

// 30 USC 226. //

of a requirement for future royalties at a rate not less than 16 2/3 percent: Provided, That royalty on such reinstated lease shall be paid on all production removed or sold from such lease subsequent to the cancellation or termination of the original lease; and

"(4) notice of the proposed reinstatement of a terminated lease, including the terms and conditions of reinstatement, shall be published in the Federal Register at least thirty days in advance of the reinstatement.

A copy of said notice, together with information concerning rental, royalty, volume of production, if any, and any other matter which the Secretary deemed significant in making this determination to reinstate, shall be furnished to the Committee on Interior and Insular Affairs of the House of Representatives and the Committee on Energy and Natural Resources of the Senate at least thirty days in advance of the reinstatement. The lessee of a reinstated lease shall reimburse the Secretary for the administrative costs of reinstating the lease, but not to exceed $500. In addition the lessee shall reimburse the Secretary for the cost of publication in the Federal Register of the notice of proposed reinstatement.

"(f) Where an unpatented oil placer mining claim validly located prior to February 24, 1920, which has been or is currently producing or is capable of producing oil or gas, has been or is hereafter deemed conclusively abandoned for failure to file timely the required instruments or copies of instruments required by section 314 of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1744), and it is shown to the satisfaction of the Secretary that such failure was inadvertent, justifiable, or not due to lack of reasonable diligence on the part of the owner, the Secretary may issue, for the lands covered by the abandoned unpatented oil placer mining claim, a noncompetitive oil and gas lease, consistent with the provisions of section 17(e) of this Act, // 30 USC 226. // to be effective from the statutory date the claim was deemed conclusively abandoned. Issuance of such a lease shall be conditioned upon:

"(1) a petition for issuance of a noncompetitive oil and gas lease, together with the required rental and royalty, including back rental and royalty accruing from the statutory date of abandonment of the oil placer mining claim, being filed with the Secretary--,

"(A) with respect to any claim deemed conclusively

abandoned

on or before the date of enactment of the Federal Oil

and Gas Royalty Management Act of 1982, on or

before the

one hundred and twentieth day after such date of

enactment,

or

"(B) with respect to any claim deemed conclusively

abandoned

after such date of enactment, on or before the one

hundred and twentieth day after final notification by

the

Secretary or a court of competent jurisdiction of the

determination

of the abandonment of the oil placer mining

claim;

"(2) a valid lease not having been issued affecting any of the lands covered by the abandoned oil placer mining claim prior to the filing of such petition: Provided, however, That after the filing of a petition for issuance of a lease under this subsection, the Secretary shall not issue any new lease affecting any of the lands covered by such abandoned oil placer mining claim for a reasonable period, as determined in accordance with regulations issued by him;

"(3) a requirement in the lease for payment of rental, including back rentals accruing from the statutory date of abandonment of the oil placer mining claim, of not less than $5 per acre per year;

"(4) a requirement in the lease for payment of royalty on production removed or sold from the oil placer mining claim, including all royalty on production made subsequent to the statutory date the claim was deemed conclusively abandoned, of not less than 12 1/2 percent; and

"(5) compliance with the notice and reimbursement of costs provisions of paragraph (4) of subsection (e) but addressed to the petition covering the conversion of an abandoned unpatented oil placer mining claim to a noncompetitive oil and gas lease.

"(g)(1) Except as otherwise provided in this section, a reinstated lease shall be treated as a competitive or a noncompetitive oil and gas lease in the same manner as the original lease issued pursuant to section 17(b) or 17(c) of this Act. // 30 USC 226. //

"(2) Except as otherwise provided in this section, the issuance of a lease in lieu of an abandoned patented oil placer mining claim shall be treated as a noncompetitive oil and gas lease issued pursuant to section 17(c) of this Act.

"(h) The minimum royalty provisions of section 17(j) and the provisions of section 39 of this Act // 30 USC 209. // shall be applicable to leases issued pursuant to subsections (d) and (f) of this section.

"(i)(1) In acting on a petition to issue a noncompetitive oil and gas lease, under subsection (f) of this section or in response to a request filed after issuance of such a lease, or both, the Secretary is authorized to reduce the royalty on such lease if in his judgment it is equitable to do so or the circumstances warrant such relief due to uneconomic or other circumstances which could cause undue hardship or premature termination of production.

"(2) In acting on a petition for reinstatement pursuant to subsection (d) of this section or in response to a request filed after reinstatement, or both, the Secretary is authorized to reduce the royalty in that reinstated lease on the entire leasehold or any tract or portion thereof segregated for royalty purposes if, in his judgment, there are uneconomic or other circumstances which could cause undue hardship or premature termination of production; or because of any written action of the United States, its agents or employees, which preceded, and was a major consideration in, the lessee's expenditure of funds to develop the property under the lease after the rent had become due and had not been paid; or if in the judgment of the Secretary it is equitable to do so for any reason.".

Approved January 12, 1983.

LEGISLATIVE HISTORY-H.R. 5121 (S. 2305):

HOUSE REPORT No. 97 - 859 (Comm. on Interior and Insular Affairs).

SENATE REPORT No. 97 - 512 accompanying S. 2305 (Comm. on Energy and Natural Resources).

CONGRESSIONAL RECORD, Vol. 128 (1982):

Sept. 29, considered and passed House.

Dec. 6, considered and passed Senate, amended, in lieu of H.R. 5121.

Dec. 13, House concurred in Senate amendments with an amendment.

Dec. 16, Senate concurred in House amendment with an amendment.

Dec. 18, House concurred in Senate amendment with an amendment.

Dec. 21, Senate disagreed to House amendment; House receded from its amendment and concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 19, No. 2 (1983):

Jan. 12, Presidential statement.

PUBLIC LAW 97-450, 96 STAT. 2446

97 TH CONGRESS, H.R. 5029 JANUARY 12, 1983
An Act To designate the Federal Building in Fresno,

California, as the " B. F. Sisk Federal

Building".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the building located at 1130 O Street, Fresno, California 93721, known as the Federal Building, shall hereafter be known and designated as the " B. F. Sisk Federal Building". Any reference in a law, map, regulation, document, record, or other paper of the United States to that building shall be deemed to be a reference to the " B. F. Sisk Federal Building".

Approved January 12, 1983.

LEGISLATIVE HISTORY-- H.R. 5029:

CONGRESSIONAL RECORD, Vol. 128 (1982):

Dec. 17, considered and passed House.

Dec. 21, considered and passed Senate.

PUBLIC LAW 97-449, 96 STAT. 2413

97th CONGRESS, H.R. 6993 JANUARY 12, 1983
An Act To revise, codify, and enact without substantive change

certain general and permanent

laws related to transportation as subtitle I and

chapter 31 of subtitle II of title

49, United States Code, " Transportation".

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SUBTITLE I AND CHAPTER 31 OF SUBTITLE II OF TITLE

49, UNITED STATES

CODE

Section 1. (a) Certain general and permanent laws of the United States, related to transportation, are revised, codified, and enacted by subsection (b) of this section without substantive change as subtitle I and chapter 31 of subtitle II of title 49, United States Code, " Transportation". Those laws may be cited as "49 U.S.C. Section ----".

(b) Title 49, United States Code, is amended by striking out the table of subtitles at the beginning of the title and substituting the following new table of subtitles and subtitles I and II:

TITLE 49-TRANSPORTATION

Subtitle Sec.

I. DEPARTMENT OF TRANSPORTATION.............. 101

II. TRANSPORTATION PROGRAMS................... 3101

III. RESERVED-AIR TRANSPORTATION ............

IV. INTERSTATE COMMERCE.......................10101

V. RESERVED-MISCELLANEOUS ....................

SUBTITLE I-DEPARTMENT OF TRANSPORTATION

Chapter............................................. Sec.

1. ORGANIZATION................................. 101

3. GENERAL DUTIES AND POWERS................. 301

5. SPECIAL AUTHORITY........................... 501

CHAPTER 1-ORGANIZATION

Sec.

101. Purpose.

102. Department of Transportation.

103. Federal Railroad Adminstration.

104. Federal Highway Administration.

105. National Highway Traffic Safety Administration.

106. Federal Aviation Administration.

107. Urban Mass Transportation Administration.

108. Coast Guard.

109. Maritime Administration.

110. St. Lawrence Seaway Development Corporation.

Section 101. // 49 USC 101. // Purpose

(a) The national objectives of general welfare, economic growth and stability, and security of the United States require the development of transportation policies and programs that contribute to providing fast, safe, efficient, and convenient transportation at the lowest cost consistent with those and other national objectives, including the efficient use and conservation of the resources of the United States.

(b) A Department of Transportation is necessary in the public interest and to--,

(1) ensure the coordinated and effective administration of the transportation programs of the United States Government;

(2) make easier the development and improvement of coordinated transportation service to be provided by private enterprise to the greatest extent feasible;

(3) encourage cooperation of Federal, State, and local governments, carriers, labor, and other interested persons to achieve trasportation objectives;

(4) stimulate technological advances in transportation;

(5) provide general leadership in identifying and solving transportation problems; and

(6) develop and recommend to the President and Congress transportation policies and programs to achieve transportation objectives considering the needs of the public, users, carriers, industry, labor, and national defense.

Section 102. // 49 USC 102. // Department of Transportation

(a) The Department of Transportation is an executive department of the United States Government at the seat of Government.

(b) The head of the Department is the secretary of Transportation. The Secretary is appointed by the President, by and with the advice and consent of the Senate.

(c) The Department has a Deputy Secretary of Transportation appointed by the President, by and with the advice and consent of the Senate. The Deputy Secretary--,

(1) shall carry out duties and powers prescribed by the Secretary; and

(2) acts for the Secretary when the Secretary is absent or unable to serve or when the office of Secretary is vacant.

(d) The Department has 4 Assistant Secretaries and a General Counsel appointed by the President, by and with the advice and consent of the Senate. The Department also has an Assistant Secretary of Transportation for Administration appointed in the competitive service by the Secretary, with the approval of the President. They shall carry out duties and powers prescribed by the Secretary. An Assistant Secretary or the General Counsel, in the order prescribed by the Secretary, acts for the Secretary when the Secretary and the Deputy Secretary are absent or unable to serve, or when the offices of the Secretary and Deputy Secretary are vacant.

(e) The Department shall have a seal that shall be judicially recognized.

Section 103. // 49 USC 103. // Federal Railroad Administration

(a) The Federal Railroad Administration is an administration in the Department of Transportation. To carry out all railroad safety laws of the United States, the Administration is divided on a geographical basis into at least 8 safety offices. The Secretary of Transportation is responsible for all acts taken under those laws and for ensuring that the laws are uniformly administered and enforced among the safety offices.

(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary.

(c) The Administrator shall carry out--,

(1) duties and powers related to railroad safety vested in the Secretary by section 6(e) (1), (2), and (6)(A) of the Department of Transportation Act (49 U.S.C. 1655(e) (1), (2), and (6) (A)); and

(2) additional duties and powers prescribed by the Secretary.

(d) A duty or power specified by subsection (c)(1) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. // 5 USC 901. // A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final.

Section 104. // 49 USC 104. // Federal Highway Administration

(a) The Federal Highway Administration is an administration in the Department of Transportation.

(b)(1) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administrator reports directly to the Secretary of Transportation.

(2) The Administration has a Deputy Federal Highway Administrator who is appointed by the Secretary, with the approval of the President. The Deputy Administrator shall carry out duties and powers prescribed by the Administrator.

(3) The Administration has an Assistant Federal Highway Administrator appointed in the competitive service by the Secretary, with the approval of the President. The Assistant Administrator is the chief engineer of the Administration. The Assistant Administrator shall carry out duties and powers prescribed by the Administrator.

(c) The Administrator shall carry out--,

(1) duties and powers vested in the Secretary by chapter 4 of title 23

// 23 USC 401. //

for highway safety programs, research, and development related to highway design, construction and maintenace, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety;

(2) duties and powers related to motor carrier safety vested in the Secretary by chapters 5 and 31 of this title; and

(3) additional duties and powers prescribed by the Secretary.

(d) A duty or power specified by subsection (c)(2) of this section may be transferred to another part of the Department only when specifically provided by law or a reorganization plan submitted under chapter 9 of title 5. A decision of the Administrator in carrying out those duties or powers and involving notice and hearing required by law is administratively final.

Section 105. // 49 USC 105. // National Highway Traffic Safety Administration

(a) The National Highway Traffic Safety Administration is an administration in the Department of Transportation.

(b) The head of the Administration is the Administrator who is appointed by the President, by and with the advice and consent of the Senate. The Administration has a Deputy Administrator who is appointed by the Secretary of Transportation, with the approval of the President.

(c) The Administrator shall carry out--,

(1) duties and powers vested in the Secretary by chapter 4 of title 23,

// 23 USC 401. //

except those related to highway design, construction and maintenance, traffic control devices, identification and surveillance of accident locations, and highway-related aspects of pedestrian safety; and

(2) additional duties and powers prescribed by the Secretary.

(d) The Secretary may carry out the National Traffic and Motor Vehicle Safety Act of 1966 (15 U.S.C. 1381 et seq.) through the Administrator.

(e) The Administrator shall consult with the Federal Highway Administrator on all matters related to the design, construction, maintenance, and operation of highways.

Section 106. // 49 USC 106. // Federal Aviation Administration

(a) The Federal Aviation Administration is an administration in the Department of Transportation.

(b) The head of the Administration is the Administrator. The Administration has a Deputy Administrator. They are appointed by the President, by and with the advice and consent of the Senate. When making an appointment, the President shall consider the fitness of the individual to carry out efficiently the duties and powers of the office. The Administrator reports directly to the Secretary of Transportation.

(c) The Administrator must--,

(1) be a citizen of the United States;

(2) be a civilian; and

(3) have experience in a field directly related to

aviation.

(d)(1) The Deputy Administrator must be a citizen of the United States and have experience in a field directly related to aviation. An officer on active duty in an armed force may be appointed as Deputy Administrator. However, if the Administrator is a former regular officer of an armed force, the Deputy Administrator may not be an officer on active duty in an armed force, a retired regular officer of an armed force, or a former regular officer of an armed force.

(2) An officer on active duty or a retired officer serving as Deputy Adminstrator is entitled to hold a rank and grade not lower than that held when appointed as Deputy