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JGR/Enrolled Bills - (08/16/1985-10/31/1985)
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JGR/Enrolled Bills - (08/16/1985-10/31/1985)
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Records of the Office of Counsel to the President (Reagan Administration)
John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: JGR/Enrolled Bills -
(08/16/1985-10/31/1985)
Box: 22
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
ID # 216800 CU
NR007
WHITE HOUSE
CORRESPONDENCE TRACKING WORKSHEET
O . OUTGOING
H . INTERNAL
I . INCOMING
Date Correspondence
Received (YY/MM/DD)
/
Name of Correspondent:
Richard Darman
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Ennalled Bill S. 146 - Establishment of
the Illinois and Michigan Canal national
Heritage Corridor, and Enlargement of the
Jefferson national Expansion Memorial
ROUTE TO:
ACTION
DISPOSITION
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
Cuttou
ORIGINATOR 84,08,20
C 84/08/21 J
Referral Note:
CUAT 18
D 84 08,20
84,082
Referral Note:
CUFIEL
S 84/08/21 JV FF A 84,08,21
Referral Note:
FFF/RAH signed
/
/
/
/
-
Referral Note:
/
/
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate. Action
L Info Copy Only/No Action Necessary
A Answered
C Completed
C - Comment/Recommendation
R - Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S. For Signature
F - Furnish Fact Sheet
X - Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
COPY
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
from ORM
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference. ext. 2590.
5/81
THE WHITE HOUSE
WASHINGTON
August 21, 1984
MEMORANDUM FOR RICHARD DARMAN
ASSISTANT TO THE PRESIDENT
AND DEPUTY TO THE CHIEF OF STAFF
FROM:
FRED F. FIELDING
Original signed by RAHFFFF
COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill S. 746 - Establishment of the
Illinois and Michigan Canal National Heritage
Corridor, and Enlargement of the Jefferson
National Expansion Memorial
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
FFF/JGR/lmp 8/21/84
CC: FFF/JGR/SUBJ/CrON
THE WHITE HOUSE
WASHINGTON
August 21, 1984
MEMORANDUM FOR FRED F. FIELDING
FROM:
JOHN G. ROBERTS OPR
SUBJECT:
Enrolled Bill S. 746 - Establishment of the
Illinois and Michigan Canal National Heritage
Corridor, and Enlargement of the Jefferson
National Expansion Memorial
Richard Darman has asked for comments on the above-
referenced enrolled bill by 9:00 a.m. today. Title I of the
bill would establish a "national heritage corridor" along
the Illinois and Michigan canal, which links the Illinois
River and Lake Michigan, and would create a Commission to
manage the corridor from a historical and preservationist
perspective. The Commission would consist of the Director
of the National Park Service and 18 others appointed by the
Secretary of the Interior. It presents no Appointments
Clause problems. The Commission would terminate after ten
years, unless extended for an additional five with the
approval of the Secretary and the Governor of Illinois.
Justice has opined that the Governor cannot block an
extension of this Federal commission if the Secretary
approves, and recommends that the Secretary be advised to
ignore any attempted "veto" by the Governor. I agree. The
issue is not likely to be significant since, as Justice
notes, the Governor is unlikely to block extension of the
Commission.
Title II of the bill would authorize the Secretary to
acquire 100 acres in East St. Louis, to add to the Gateway
Arch memorial in St. Louis. Title II also creates a twenty-
member Commission to submit recommendations to the Secretary
on development of the memorial. Interior does not think
the land in question is suitable for inclusion in the
national park system, and does not plan to exercise the
acquisition authority if the bill is signed. The role of the
Commission is purely advisory, so the method of appointing
its members does not present Appointments Clause problems.
OMB recommends approval of the bill, and the other affected
agencies have no objection to approval. I have reviewed the
memorandum for the President prepared by Director Stockman,
and the bill itself, and have no objection to approval.
Document No. 216800SS
WHITE HOUSE STAFFING MEMORANDUM
8/20/84
DATE:
ACTION/CONCURRENCE/COMMENT DUE BY: 9:00 A.M. 8/21/84
SUBJECT: ENROLLED BILL S. 746 - ESTABLISHMENT OF THE ILLINOIS AND MICHIGAN
CANAL NATIONAL HERITAGE CORRIDOR, AND ENLARGEMENT OF THE JEFFERSON
NATIONAL EXPANSION MEMORIAL
ACTION FYI
ACTION FYI
VICE PRESIDENT
MURPHY
MEESE
OGLESBY
BAKER
ROGERS
DEAVER
SPEAKES
STOCKMAN
SVAHN
DARMAN
P
185
VERSTANDIG
FIELDING
WHITTLESEY
FULLER
ELLIOTT
HERRINGTON
HICKEY
McFARLANE
McMANUS
REMARKS:
May we have your comments on the attached Enrolled Bill by 9:00 a.m.
tomorrow, August 21. Thank you.
Please Note: This Bill is tentatively scheduled to be signed in ceremony
in Illinois on Friday.
RESPONSE:
1984 AUG 20 PM 6: 02
Richard G. Darman
Assistant to the President
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
1984 AUG 20 PP 5: 07
STATE
WASHINGTON, D.C. 20503
AUG 20 1984
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 746 - Establishment of the Illinois and
Michigan Canal National Heritage Corridor, and
Enlargement of the Jefferson National Expansion
Memorial
Sponsors - Senator Percy (R) Illinois and 2 others
Last Day for Action
August 29, 1984 - Wednesday
Purpose
(1) Establishes the Illinois and Michigan Canal National Heritage
Corridor in Illinois; (2) establishes a Commission to manage the
Corridor; (3) authorizes the Secretary of the Interior to acquire
100 acres of land in East Saint Louis, Illinois, to be added to
the Jefferson National Expansion Memorial; and (4) establishes a
Commission to make recommendations to the Secretary regarding
management of the East Saint Louis property.
Agency Recommendations
Office of Management and Budget
Approval
Department of Commerce
No objection
Department of the Army
No objection
United States Postal Service
No objection
Environmental Protection Agency
No objection
Department of Transportation
No objection
General Services Administration
No objection
Department of Housing and Urban
Development
No objection (informally)
Smithsonian Institution
No objection (informally)
Office of Personnel Management
No objection (informally)
Council on Environmental Quality
No comment (informally)
Department of the Treasury
No comment (informally)
Department of the Interior
Cites Concerns
Department of Justice
Defers to Interior
2
Discussion
Illinois and Michigan Canal
A canal linking Lake Michigan with the Illinois River was first
envisioned by French explorers in the 17th century as a way to
connect the Great Lakes and St. Lawrence River waterway system to
the Mississippi River system. Congress first authorized
construction of such a canal in 1822, and by 1848 the 100-mile
Illinois and Michigan Canal was completed. Over the years, the
Canal has served as a catalyst to the industrialization of the area.
Today the Canal is a registered National Historic Landmark. Three
other such Landmarks are located along the banks of the Canal, as
well as about 200 structures listed on the National Register of
Historic Places and 39 areas listed on the Illinois Natural Areas
inventory.
To preserve the area's historic and natural resources while
fostering economic growth, title I of S. 746 would establish the
Illinois and Michigan Canal National Heritage Corridor and a
Commission to manage the Corridor. The Illinois and Michigan Canal
National Heritage Corridor Commission would have 19 members,
including the Director of the National Park Service and 18 others
appointed by the Secretary of the Interior. The Commission would be
required to (1) manage the Corridor for both preservation and
economic growth purposes; (2) develop interpretive materials; (3)
provide technical assistance to State, local, and private landowners
in the Corridor; (4) prepare an economic impact analysis before
funding any land acquisition or major capital improvement project;
and (5) prepare annual reports on its activities for the Governor of
Illinois and the Secretary of the Interior.
The Commission would terminate after 10 years, unless extended for
an additional five years with the approval of the Secretary of the
Interior and the Governor of Illinois. With regard to approval of
such an extension, Justice advises that only the Secretary, and not
the Governor, could constitutionally exercise the disapproval
authority provided by the bill. Justice concedes that it would be
very unlikely for the Governor to disagree with the Commission
should it seek an extension; nevertheless Justice asks that you
notify the Secretary of the Interior in writing that "he should
ignore as legally irrelevant any position the Governor may take on
that issue."
Title I of S. 746 would also require the Secretary of the Interior
to (1) provide technical assistance to the Commission; (2) detail
two employees to the Commission; (3) prepare, in consultation with
the Commission, inventories of various resources of the Corridor;
and (4) convey all Federal interests in the Canal to the State of
Illinois, subject to reversion to the United States should the Canal
be used for other than public purposes.
3
Finally, title I of the enrolled bill would (1) require other
Federal agencies conducting programs affecting the Corridor to
consult the Commission and the Secretary of the Interior to avoid
adversely affecting the Corridor; (2) state that establishment of
the Corridor would not affect any environmental, occupational,
safety, or other law or regulation in effect in the Corridor; and
(3) authorize annual appropriations of $250,000 to the Commission
to carry out its duties, and such sums as are necessary to the
Secretary of the Interior for similar purposes.
Jefferson National Expansion Memorial
Title II of S. 746 would authorize the Secretary of the Interior
to acquire 100 acres of land on the eastern bank of the
Mississippi River in East Saint Louis, Illinois, to be added to
the Jefferson National Expansion Memorial in Saint Louis,
Missouri, where the Gateway Arch is located. Title II would also
create a 20-member Commission, including the Governors of
Illinois and Missouri; six other State and local officials; six
appointees of the Secretary of the Interior; and the Secretaries
of the Interior, Housing and Urban Development, Transportation,
the Treasury, Commerce, and the Smithsonian Institution. The
Commission would prepare a development and management plan for
the Memorial for consideration by the Secretary, including an
examination of the feasibility of establishing a museum of
American ethnic culture as part of the Memorial. The Commission
would terminate after ten years. Under title II, the Secretary
could approve the plan only if he finds that:
-- it is consistent with the Saint Louis, Missouri, portion of
the Memorial;
-- there are binding commitments, from sources other than those
authorized by S. 746, to fund land acquisition and
development sufficient to implement the plan; and
-- there are binding commitments to fund all management costs
of the East Saint Louis portion that exceed $350,000 per
year.
Pending submission of the plan, any Federal agency conducting
activities in East Saint Louis would be required to consult with
the Secretary and, to the maximum extent practicable, act to
avoid adverse effects on the Memorial. Finally, title II would
authorize, subject to approval of the plan, appropriations of $1
million for land acquisition and $1.25 million for development.
4
Legislative History
Title I of the enrolled bill reflects the major recommendations
made by the Administration on S. 746 and the House companion
measure, H.R. 2014, sponsored by Representative Corcoran
(R-Illinois) and 21 others. However, in written reports to both
Houses from the Department of the Interior, and in a policy
statement to the House during floor consideration of its bill,
the Administration expressed serious concerns with title II,
noting that:
-- the East Saint Louis tract of land is not of national
significance;
-- the land is not suitable for Federal acquisition or
inclusion in the National Park System, due to its industrial
nature; and
-- the advisory Commission is unnecessary and administratively
burdensome.
The Congress responded by (1) lowering the acreage authorized for
acquisition in East Saint Louis from 350 to 100 acres;
(2) lowering the land acquisition funding authorization from
$2.75 million to $1 million; (3) changing the role of the
Memorial Commission to make it more advisory in nature; and (4)
conditioning the Secretary's approval of the Commission's plan on
his finding that non-Federal funding is available for acquisition
and development costs, as explained above. As Representative
Corcoran stated during final House floor consideration, these
changes were incorporated as a result of an agreement between
Representatives Price and Simon (both D-Illinois), Seiberling
(D-Ohio), and Senators Percy and McClure.
Agency Views
The Department of the Interior expresses serious reservations
about title II of S. 746 in its views letter on the enrolled
bill. Interior reiterates its opposition to inclusion of the
East Saint Louis site in the National Park System. Interior also
notes, however, that the enrolled bill is more discretionary than
earlier versions of the bill, and that "we would anticipate no
exercise of the Federal acquisition authority contained in title
II." Interior concludes, therefore, that given its support for
title I of the enrolled bill and the discretionary nature of the
final version of title II, its remaining concerns regarding title
II do not warrant disapproval of the bill.
Justice advises in its views letter on the enrolled bill that
"The methods in which the members of the two Commissions are
appointed do not raise a constitutional problem." Accordingly,
Justice defers to Interior for a recommendation on S. 746.
5
Conclusion and Recommendation
I concur in Interior's assessment that title II of S. 746 is
undesirable and would, if fully implemented, involve the Federal
Government in activities better left to the private sector. I
also agree, however, that given the discretionary nature of title
II, its potential problems can be avoided and do not outweigh the
Administration's support for the Illinois and Michigan Canal.
Accordingly, I recommend that you approve S. 746, which passed
both Houses of the Congress by voice vote.
David A. Stockman
Director
Enclosures
ILLINOIS AND MICHIGAN CANAL
NATIONAL HERITAGE CORRIDOR
ACT OF 1984
AND
JEFFERSON NATIONAL EXPANSION
MEMORIAL AMENDMENTS ACT
OF 1984
31-139 O - 84 (414)
98 STAT. 1456
PUBLIC LAW 98-398-AUG. 24, 1984
Public Law 98-398
98th Congress
An Act
Aug. 24, 1984
To establish the Illinois and Michigan Canal National Heritage Corridor in the State
[S. 746]
of Illinois, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Illinois and
TITLE I
Michigan Canal
National
Heritage
SHORT TITLE
Corridor Act of
1984.
SEC. 101. This title may be cited as the "Illinois and Michigan
Conservation.
Canal National Heritage Corridor Act of 1984".
Historic
preservation.
16 USC 461 note.
FINDINGS; PURPOSE
16 USC 461 note.
SEC. 102. (a) FINDINGS.-The Congress makes the following find-
ings:
(1) An abundance of sites and structures within the corridor
defined by the Illinois and Michigan Canal from Chicago, Illi-
nois, to LaSalle-Peru, Illinois, symbolize in physical form the
cultural evolution from prehistoric aboriginal tribes living in
naturally formed ecosystems through European exploration,
nineteenth century settlement, commerce, and industry right
up to present-day social patterns and industrial technology.
(2) The corridor has become one of the most heavily industri-
alized regions of the Nation and has potential for further
economic expansion and modernization. The area in which the
corridor is located is currently experiencing high rates of unem-
ployment and industrial migration. Establishment of the corri-
dor as provided in this Act may provide the stimulus required to
retain existing industry and to provide further industrial
growth and commercial revitalization.
(3) Despite efforts by the State, political subdivisions of the
State, volunteer associations, and private business, the cultural,
historical, natural, and recreational resources of the corridor
have not realized full potential social value and may be lost
without assistance from the Federal Government.
(b) PURPOSE.-It is the purpose of this title to retain, enhance, and
interpret, for the benefit and inspiration of present and future
generations, the cultural, historical, natural, recreational, and eco-
nomic resources of the corridor, where feasible, consistent with
industrial and economic growth.
DEFINITIONS
16 USC 461 note.
SEC. 103. For purposes of this title-
(1) the term "canal" means the Illinois and Michigan Canal,
as depicted on the map referred to in section 104(b);
PUBLIC LAW 98-398-AUG. 24, 1984
98 STAT. 1457
(2) the term "Commission" means the Illinois and Michigan
Canal National Heritage Corridor Commission established in
section 105;
(3) the term "corridor" means the Illinois and Michigan Canal
National Heritage Corridor established in section 104(a);
(4) the term "Governor" means the Governor of the State of
Illinois;
(5) the term "National Park Service report" means the report
of the National Park Service, dated November 1981, which
contains a conceptual plan and implementation strategies for
the corridor;
(6) the term "plan" means the goals, objectives, and action
statements of the conceptual plan which-
(A) is contained in the National Park Service report; and
(B) may be modified by the Commission under section
108(h);
(7) the term "political subdivision of the State" means any
political subdivision of the State of Illinois, any part of which is
located in or adjacent to the corridor, including counties, town-
ships, cities, towns, villages, park districts, and forest preserve
districts;
(8) the term "Secretary" means the Secretary of the Interior;
and
(9) the term "State" means the State of Illinois.
ESTABLISHMENT, BOUNDARIES, AND ADMINISTRATION OF CORRIDOR
SEC. 104. (a) ESTABLISHMENT-To carry out the purpose of this
16 USC 461 note.
title, there is established the Illinois and Michigan Canal National
Heritage Corridor.
(b) BOUNDARIES.-(1) The corridor shall consist of the areas
depicted on the map dated May 1983, and numbered IMC-80,000,
entitled "Illinois and Michigan Canal National Heritage Corridor".
Such map shall be on file and available for public inspection in the
Public
offices of the Commission and in the offices of the National Park
availability.
Service.
(2) Upon a request of the Commission signed by not less than
twelve members of the Commission, the Secretary may make minor
revisions in the boundaries of the corridor. Any such revision shall
Effective date.
take effect upon publication by the Secretary in the Federal Regis-
Federal
ter of a revised boundary map.
Register,
(c) ADMINISTRATION.-The corridor shall be administered in ac-
publication.
cordance with this Act.
ESTABLISHMENT OF ILLINOIS AND MICHIGAN CANAL NATIONAL
HERITAGE CORRIDOR COMMISSION
SEC. 105. There is established a commission to be known as the 16 USC 461 note.
Illinois and Michigan Canal National Heritage Corridor Commission
which shall carry out the duties specified in section 109.
ORGANIZATION OF COMMISSION
SEC. 106. (a) MEMBERSHIP.-The Commission shall be composed of 16 USC 461 note.
nineteen members as follows:
(1) The Director of the National Park Service, ex officio, or a
delegate.
98 STAT. 1458
PUBLIC LAW 98-398-AUG. 24, 1984
(2) Three individuals, nominated by the Governor and ap-
pointed by the Secretary, who will represent the interests of
State and local government.
(3) One member of the board of a forest preserve district, any
part of which is located in or adjacent to the corridor, who shall
be nominated by the Governor and appointed by the Secretary.
Appointments made under this paragraph shall rotate among
the three forest preserve districts, parts of which are located in
the corridor, in a manner which will ensure fairly equal repre-
sentation on the Commission for each such district.
(4) One member of the county board of each county, any part
of which is located in the corridor (other than the county which
is represented on the Commission by the member appointed
under paragraph (5)), who shall be nominated by the Governor
and appointed by the Secretary.
(5) Five individuals, nominated by the Governor and ap-
pointed by the Secretary, who will represent the interests of
history, archaeology, and historic preservation; of recreation;
and of conservation.
(6) Five individuals, nominated by the Governor and ap-
pointed by the Secretary, who will represent the interests of
business and industry.
The Secretary may request that additional names be submitted for
members appointed pursuant to paragraphs (2) through (6). Mem-
bers appointed under paragraphs (5) and (6) shall be selected with
due consideration to equitable geographic distribution. A vacancy in
the Commission shall be filled in the manner in which the original
appointment was made.
(b) TERMS.-(1) Except as provided in paragraphs (2) and (3),
members of the Commission shall be appointed for terms of three
years.
(2) Of the members of the Commission first appointed under
paragraphs (2), (3), (4), (5), and (6) of subsection (a)-
(A) six shall be appointed for terms of one year;
(B) six shall be appointed for terms of two years; and
(C) six shall be appointed for terms of three years, as desig-
nated by the Governor at the time of nomination.
(3) Any member of the Commission appointed to fill a vacancy
occurring before the expiration of the term for which his predeces-
sor was appointed shall be appointed only for the remainder of such
term. A member of the Commission may serve after the expiration
of his term until his successor has taken office.
(c) COMPENSATION.-Members of the Commission shall receive no
pay on account of their service on the Commission, but while away
from their homes or regular places of business in the performance of
services for the Commission, members of the Commission shall be
allowed travel expenses, including per diem in lieu of subsistence, in
the same manner as persons employed intermittently in the Govern-
ment service are allowed expenses under section 5703 of title 5,
United States Code.
(d) CHAIRPERSON.-(1) The chairperson of the Commission shall be
elected by the members of the Commission from among members
appointed under paragraphs (5) and (6) of subsection (a).
(2)(A) Except as provided in subparagraph (B), the term of the
chairperson shall be two years.
(B) If a member is appointed to a term on the Commission which is
less than two years and is elected chairperson of the Commission,
PUBLIC LAW 98-398-AUG. 24, 1984
98 STAT. 1459
then such member's term as chairperson shall expire at the end of
such member's term on the Commission.
(e) QUORUM.-(1) Ten members of the Commission shall constitute
a quorum, but a lesser number may hold hearings.
(2) Any member of the Commission may vote by means of a signed
proxy exercised by another member of the Commission, but any
member SO voting shall not be considered present for purposes of
establishing a quorum.
(3) The affirmative vote of not less than ten members of the
Commission shall be required to approve the budget of the Commis-
sion.
(f) MEETINGS.-The Commission shall meet at least quarterly at
the call of the chairperson or ten of its members. Meetings of the
Commission shall be subject to section 552b of title 5, United States
Code (relating to open meetings).
STAFF OF COMMISSION
SEC. 107. (a) DIRECTOR AND STAFF.-(1) The Commission shall have
16 USC 461 note.
a Director who shall be appointed by the Commission and who shall
be paid at a rate not to exceed the minimum rate of basic pay
payable for level GS-15 of the General Schedule.
5 USC 5332 note.
(2) The Commission may appoint such additional staff personnel
as the Commission considers appropriate and may pay such staff at
rates not to exceed the minimum rate of basic pay payable for level
GS-15 of the General Schedule. Such staff may include specialists in
areas such as interpretation, historic preservation, recreation, con-
servation, commercial and industrial development and revitaliza-
tion, financing, and fundraising.
(3) Except as otherwise provided in this subsection, such Director
and staff-
(A) shall be appointed subject to the provisions of title 5,
United States Code, governing appointments in the competitive
service; and
(B) shall be paid in accordance with the provisions of chapter
51 and subchapter III of chapter 53 of such title relating to
5 USC 5101 et
classification and General Schedule pay rates.
seq., 5331.
(b) EXPERTS AND CONSULTANTS.-Subject to such rules as may be
adopted by the Commission, the Commission may procure tempo-
rary and intermittent services to the same extent as is authorized by
section 3109(b) of title 5, United States Code, but at rates determined
by the Commission to be reasonable.
(c) STAFF OF OTHER AGENCIES.-(1) Upon request of the Commis-
sion, the head of any Federal agency may detail, on a reimbursable
basis, any of the personnel of such agency to the Commission to
assist the Commission in carrying out the Commission's duties
under section 109.
(2) The Commission may accept the services of personnel detailed
from the State or any political subdivision of the State and may
reimburse the State or such political subdivision for such services.
POWERS OF COMMISSION
SEC. 108. (a) HEARINGS.-(1) The Commission may, for the purpose
16 USC 461 note.
of carrying out this title, hold such hearings, sit and act at such
times and places, take such testimony, and receive such evidence, as
the Commission considers appropriate.
98 STAT. 1460
PUBLIC LAW 98-398-AUG. 24, 1984
(2) The Commission may not issue subpenas or exercise any
subpena authority.
(b) POWERS OF MEMBERS AND AGENTS.-Any member or agent of
the Commission, if SO authorized by the Commission, may take any
action which the Commission is authorized to take by this title.
(c) ADMINISTRATIVE SUPPORT SERVICES.-The Administrator of
General Services shall provide to the Commission, on a reim-
bursable basis, such administrative support services as the Commis-
sion may request.
(d) MAILS.-The Commission may use the United States mails in
the same manner and under the same conditions as other depart-
ments and agencies of the United States.
(e) USE OF APPROPRIATED AMOUNTS To OBTAIN FEDERAL FUND-
ING.-Notwithstanding any other provision of law, for purposes of
any law conditioning the receipt of Federal funding on a non-
Federal contribution, any portion of the amounts appropriated pur-
suant to section 116 of this title may, at the election of the Commis-
sion, be used as such non-Federal contribution.
(f) GIFTS.-(1) Except as provided in subsection (g)(2)(B), the Com-
mission may, for purposes of carrying out its duties, seek, accept,
and dispose of gifts, bequests, or donations of money, personal
property, or services, received from any source.
(2) For purposes of section 170(c) of the Internal Revenue Code of
26 USC 170.
1954, any gift to the Commission shall be deemed to be a gift to the
United States.
(g) ACQUISITION OF REAL PROPERTY.-(1) Except as provided in
paragraph (2) and except with respect to any leasing of facilities
under subsection (c) of this section, the Commission may not acquire
any real property or interest in real property.
(2) Subject to paragraph (3) of this subsection, the Commission
may acquire real property, or interests in real property, in the
corridor-
(A) by gift or devise; or
(B) by purchase from a willing seller.
(3) Any real property or interest in real property acquired by the
Commission under paragraph (2) shall be conveyed by the Commis-
sion to an appropriate public or private land managing agency with
the consent of such agency, as determined by the Commission. Any
such conveyance shall be made-
(A) as soon as practicable after such acquisition;
(B) without consideration; and
(C) on the condition that the real property or interest in real
property SO conveyed is used for public purposes, consistent with
the plan.
(h) MODIFICATION OF PLAN.-The Commission may modify the
plan if the Commission determines that such modification is neces-
sary to carry out the purpose of this Act. No such modification shall
take effect until-
(1) the State and any political subdivision of the State which
would be affected by such modification receives notice of such
modification; and
(2) if such modification is significant (as determined by the
Commission) the Commission-
(A) provides adequate notice (as determined by the Com-
mission) of such modification by publication in the area of
the corridor; and
PUBLIC LAW 98-398-AUG. 24, 1984
98 STAT. 1461
(B) conducts a public hearing with respect to such modifi-
cation.
(i) COOPERATIVE AGREEMENTS.-For purposes of carrying out the
plan, the Commission may enter into cooperative agreements with
the State, with any political subdivision of the State, or with any
person. Any such cooperative agreement shall, at a minimum, estab-
lish procedures for providing notice to the Commission of any action
proposed by the State, such political subdivision, or such person
which may affect the implementation of the plan.
(j) ADVISORY GROUPS.-The Commission may establish such advi-
sory groups as the Commission deems necessary to ensure open
communication with, and assistance from, the State, political subdi-
visions of the State, and interested persons.
DUTIES OF COMMISSION
SEC. 109. (a) IMPLEMENTATION OF PLAN.-The Commission shall 16 USC 461 note.
implement and support the plan as follows:
(1)(A) The Commission shall assist the State, any political
subdivision of the State, or any nonprofit organization in the
appropriate preservation treatment and renovation (in accord-
ance with the plan) of structures of the canal.
(B) In providing such assistance, the Commission shall in no
way infringe upon the authorities and policies of the State or of
any political subdivision of the State concerning the manage-
ment of canal property.
(C) In providing such assistance or in carrying out any other
provision of this Act, the Commission shall not be required to
adopt the specifics recommended in the Historic American En-
gineering Record study published in April 1981.
(2)(A) The Commission shall assist the State or any political
subdivision of the State in establishing and maintaining inter-
mittent recreational trails which are compatible with economic
development interests in the corridor.
(B) In providing such assistance, the Commission shall in no
way infringe upon the authorities and policies of the State or of
any political subdivision of the State.
(3) The Commission shall encourage private owners of prop-
erty which is located in or adjacent to the corridor to retain
voluntarily, as a good neighbor policy, a strip of natural vegeta-
tion as a visual screen and natural barrier between recreational
trails established under paragraph (2) and development in the
corridor.
(4) The Commission shall assist in the preservation and en-
hancement of Natural Areas Inventory, prepared by the Illinois
Department of Conservation-
(A) by encouraging private owners of such natural areas
to adopt voluntary measures for the preservation of such
natural areas; or
(B) by cooperating with the State or any political subdivi-
sion of the State in acquiring, on a willing seller basis, any
such natural area.
In providing such assistance, the Commission shall in no way
infringe upon the authorities and policies of the State or of any
political subdivision of the State.
(5) The Commission shall assist in the enhancement of public
awareness of, and appreciation for, the historical, architectural,
98 STAT. 1462
PUBLIC LAW 98-398-AUG. 24, 1984
and engineering structures in the corridor and the archaeologi-
cal and geological resources and sites in the corridor-
(A) by consulting with the Secretary with respect to
inventories to be completed by the Secretary under section
112(1);
(B) by encouraging private owners of structures, sites,
and resources identified in such inventories to adopt volun-
tary measures for the preservation of such structures, sites,
and resources; or
(C) by cooperating with the State or any political subdivi-
sion of the State in acquiring, on a willing seller basis, any
structure, site, or resource SO identified.
(6) The Commission may assist the State, any political subdi-
vision of the State, or any nonprofit organization in the restora-
tion of any historic building in the corridor.
Such assistance may include providing technical staff assistance for
historic preservation and revitalization efforts.
(7) The Commission shall assist in the interpretation of the
cultural and natural resources of the corridor-
(A) by consulting with the Secretary with respect to the
implementation of the Secretary's duties under section
112(2);
(B) by establishing visitor orientation centers in the corri-
dor;
(C) by encouraging voluntary cooperation and coordina-
tion between the Federal Government, the State, political
subdivisions of the State, and nonprofit organizations with
respect to ongoing interpretative services in the corridor;
and
(D) by encouraging the State, political subdivisions of the
State, and nonprofit organizations to undertake new inter-
pretative initiatives with respect to the corridor.
(8) The Commission shall assist in establishing recognition for
the corridor by actively promoting the cultural, historical, natu-
ral, and recreational resources of the corridor on a community,
regional, statewide, national, and international basis.
(b) ENCOURAGEMENT OF ECONOMIC AND INDUSTRIAL DEVELOP-
MENT.-The Commission shall encourage, by appropriate means,
enhanced economic and industrial development in the corridor con-
sistent with the goals of the plan.
(c) ACCESS ROUTES AND TRAFFIC.-The Commission shall take
appropriate action to ensure that-
(1) access routes to the canal and related sites are clearly
identified; and
(2) traffic in the corridor is routed away from industrial access
routes and sites.
(d) PROTECTIVE FEATURES.-(1) The Commission may finance the
installation of a fence, warning sign, or other protective feature in
the corridor by the State, by any political subdivision of the State, or
by any person if such fence, sign, or other feature is approved by the
Commission, any affected governmental body, and the owner and
any user of property located adjacent to the property on which such
fence, sign, or other feature is to be installed.
(2) The Commission shall not require the installation of any fence,
warning sign, or other protective feature.
(e) REDUCING EXCESSIVE LIABILITY.-The Commission shall encour-
age the State to take appropriate action to ensure that owners and
PUBLIC LAW 98-398-AUG. 24, 1984
98 STAT. 1463
users of property located in or adjacent to the corridor will not be
subject to excessive liability with respect to activities which are
carried out by such owners and users on such property and which
affect persons and property in the corridor.
(f) ANNUAL REPORTS.-Not later than May 15 of each year
(other than the year in which this Act is enacted) the Commission
shall publish and submit an annual report concerning the Commis-
sion's activities to the Governor and to the Secretary.
RESTRICTIONS ON COMMISSION
SEC. 110. (a) RESTRICTIONS ON COMMISSION'S DEVELOPMENT.-(1) 16 USC 461 note.
The Commission may not develop any site or structure in any area
described in paragraph (2) unless such development involves the
restoration, rehabilitation, or preservation of a facility existing on
the date of the enactment of this Act.
(2) The areas referred to in paragraph (1) are the following areas:
(A) Any area in the corridor designated by the political
subdivision of the State which has primary responsibility for
regulating land use in such areas (as determined by the
Commission) as suitable for industrial development. Areas SO
designated may include any area adjacent to the Illinois and
Michigan Canal State Park, a conservation site, a historical site,
or other visitor area.
(B) The area of the corridor in Grundy County, Illinois,
extending from Morris, Illinois, to the eastern boundary of
section 22, Aux Sable Township, but not including-
(i) lock eight and lock tender's house (identified as sites 1
and 2, respectively, on the map described in section 104(b));
(ii) Rutherford tavern, the old mule barn, and the historic
cemetery (identified as sites 3, 4, and 5, respectively, on
such map); and
(iii) any trail in such area which follows the historic
towpath of the canal.
(C) The area of the corridor in Will County, Illinois, which
extends from a line created from Interstate 55 to the center of
the sailing line in the Des Plaines River, west on center line of
sailing line to the intersection of the line formed by the eastern
edge of sections 30 and 31 of Channahon Township east through
Brandon Pool, but not including the trail in such area which
follows the historic towpath of the canal.
(D) The area of the corridor in Will County, Illinois, which
extends from the southern boundary of section 14, Lockport
Township, to the eastern boundary of section 25, DuPage Town-
ship.
(b) RESTRICTIONS ON DEVELOPMENT OF TRAILS.-The Commission
may not develop any new trail along the canal or historic towpath of
the canal through industrial sites or railroad rights of way without
concurrence of the owner, which-
(1) are located north of the city of Joliet, Illinois; and
(2) existed on the date of the enactment of this Act.
TERMINATION OF COMMISSION
SEC. 111. (a) TERMINATION.-xcep as provided in subsection (b), 16 USC 461 note.
the Commission shall terminate on the day occurring ten years after
the date of the enactment of this Act.
98 STAT. 1464
PUBLIC LAW 98-398-AUG. 24, 1984
(b) EXTENSION.-The Commission may extend the life of the Com-
mission for a period of not more than five years beginning on the
day referred to in subsection (a) if, not later than one hundred and
eighty days before such day-
(1) the Commission determines such extension is necessary in
order for the Commission to carry out the purpose of this title;
(2) the Commission submits such proposed extension to the
Committee on Interior and Insular Affairs of the House of
Representatives and to the Committee on Energy and Natural
Resources of the Senate; and
(3) the Governor and the Secretary each approve such exten-
sion.
DUTIES OF THE SECRETARY
16 USC 461 note.
SEC. 112. To carry out the purpose of this Act, the Secretary shall
have the following duties:
(1) Not later than September 30, 1985, and in consultation
with the Commission, the Secretary shall complete-
(A) an inventory of sites and structures of historical,
architectural, or engineering significance in the corridor;
and
(B) an inventory of sites and resources of archaeological
or geological significance in the corridor.
(2) Not later than September 30, 1986, in consultation with
the Commission and in accordance with the plan, the Secretary
shall-
(A) develop a thematic structure for the interpretation of
the heritage story of the corridor; and
(B) design and fabricate interpretative materials based on
such thematic structure, including-
(i) trail guide brochures for exploring such heritage
story via private auto, bus, bike, boat, or foot, including
brochures for exploring such heritage story in towns
along the canal;
(ii) visitor orientation displays (including video pres-
entations) at eight locations which are fairly distrib-
uted along the corridor;
(iii) a curriculum element for local schools; and
(iv) an appropriate mobile display depicting such
heritage story.
(3) The Secretary shall, upon request of the Commission,
provide technical assistance to the Commission in carrying out
the provisions of section 109(a)(6). Such assistance may include
recommendations concerning appropriate preservation treat-
ment, adaptive reuse potential, strategies for finding private
investors, and tax advantages available with respect to such
rehabilitation.
(4) The Secretary shall make available to interested persons
information which explains tax advantages available with
respect to the rehabilitation of historical structures in the
corridor.
(5) For each fiscal year during the life of the Commission, the
Secretary shall make available to interested persons brochures
which explain tax advantages available with respect to the
rehabilitation of historical structures in the corridor.
PUBLIC LAW 98-398-AUG. 24, 1984
98 STAT. 1465
(6) For each fiscal year during the life of the Commission, the
Secretary shall detail to the Commission, on a nonreimbursable
basis, two employees of the Department of the Interior to enable
the Commission to carry out the Commission's duties under
section 109.
DUTIES OF OTHER FEDERAL ENTITIES
SEC. 113. Any Federal entity conducting or supporting significant
16 USC 461 note.
activities directly affecting the corridor shall--
(1) consult with the Secretary and the Commission with re-
spect to such activities;
(2) cooperate with the Secretary and the Commission in carry-
ing out their duties under this Act and, to the maximum extent
practicable, coordinate such activities with the carrying out of
such duties; and
(3) to the maximum extent practicable, conduct or support
such activities in a manner which the Commission determines
will not have an adverse effect on the resources cited in the
National Park Service report.
CONVEYANCE OF CANAL TITLE BY UNITED STATES
SEC. 114. (a) CONVEYANCE TO STATE.-(1) Except as provided in
Real property.
subsection (b), the United States shall convey to the State by quit-
16 USC 461 note.
claim deed any right, title, or interest of the United States to the
real property described in the Act entitled "An Act relinquishing to
the State of Illinois certain right, title, or interest of the United
States of America, and for other purposes", approved July 1, 1947
(61 Stat. 237), comprising approximately two thousand six hundred
acres. The instrument of conveyance shall require that, except as
provided in paragraph (2) such real property be used and occupied
only for highway, park, recreational, or other public purposes,
including those provided for under this Act. Such real property may
be leased for utility or transmission purposes (or may be transferred
or leased for park, recreation, or other public purposes consistent
with the plan) if the revenue from any such lease or transfer is used
for park and recreational purposes within the corridor.
(2) The State, or its successors or assigns, may continue to lease for
any purpose any portion of the real property described in subsection
(a) which was leased on or before February 9, 1984, SO long as the
revenue from such lease is used for park or recreational purposes
within the corridor. Any private person occupying any portion of the
real property described in subsection (a) may continue to occupy
such real property with the written permission of the State (or of
any successor or assign of the State in the case of any property
which has been transferred to a successor or assign).
(3) Except as provided in paragraph (2), if any real property
conveyed to the State under this section ceases to be used and
occupied as provided in paragraph (1), then any right, title, or
interest in the real property not so used and occupied shall revert to
the United States. The conveyance by the United States under this
Claims.
subsection shall be subject to the condition that the State of Illinois,
its successors, and assigns agree to hold the United States harmless
from claims arising from or through the operations of the lands
conveyed by the United States due to conditions existing at the time
of this conveyance.
98 STAT. 1466
PUBLIC LAW 98-398-AUG. 24, 1984
Navigation
(b) CONSENT OF SECRETARY OF ARMY.-The interests in the canal
project.
prism and towpath lands (including reserved lands) in township 37
north, range 11 east, section 14; township 35 north, range 10 east,
sections 9 and 16; township 35 north, range 10 east, sections 16, 20,
and 21; township 34 north, range 9 east, section 31; and township 34
north, range 8 east, sections 22, 23, 25, 26, and 36, necessary for the
operation and maintenance of the Illinois Waterway navigation
project may be conveyed under subsection (a) only with the concur-
rence of the Secretary of the Army with such conditions as neces-
sary to protect the navigation project.
EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS; RESTRICTIONS;
SAVINGS PROVISIONS
16 USC 461 note.
SEC. 115. (a) EFFECT ON ENVIRONMENTAL AND OTHER STANDARDS.-
(1) Nothing in this Act shall be deemed to impose any environmen-
tal, occupational, safety, or other rule, regulation, standard, or
permit process which is different from those presently applicable, or
which would be applicable, had the corridor not been established.
(2) The establishment of the corridor shall not impose any change
in Federal environmental quality standards. No portion of the
corridor which is subject to part C of title I of the Clean Air Act (42
U.S.C. 7470 et seq.), as amended by the Clean Air Act Amendments
of 1977, may be designated as class 1 for purposes of such part C
solely by reason of the establishment of the corridor.
Water.
(3) No State or Federal agency shall impose more restrictive water
use designations or water quality standards upon uses of, or dis-
charges to, waters of the State or waters of the United States, within
or adjacent to the corridor solely by reason of the establishment of
the corridor.
(4) Nothing in the establishment of the corridor shall abridge,
restrict, or alter any applicable rule, regulation, standard or review
procedure for permitting of facilities within or adjacent to the
corridor.
(5) Nothing in the establishment of the corridor shall affect the
continuing use and operation, as presently located, of all public
utilities and common carriers.
(6) Actions taken under this title to achieve the purposes described
in section 102(b) shall emphasize voluntary cooperation.
(b) RESTRICTIONS ON COMMISSION AND SECRETARY.-Nothing in this
title shall be construed to vest in the Commission or the Secretary
any authority-
(1) to require the State, any political subdivision of the State,
or any private person to participate in any project or program
carried out by the Commission or the Secretary under this title;
(2) to intervene as a party in any administrative or judicial
proceeding concerning the application or enforcement of any
regulatory authority of the State or any political subdivision of
the State, including any authority relating to land use regula-
tion, environmental quality, licensing, permitting, easements,
private land development, or other occupational or access
issues;
(3) to establish or modify any regulatory authority of the
State or of any political subdivision of the State, including any
authority relating to land use regulation, environmental qual-
ity, or pipeline or utility crossings;
PUBLIC LAW 98-398-AUG. 24, 1984
98 STAT. 1467
(4) to modify any policy of the State or of any political
subdivision of the State; or
(5) to establish or modify any authority of the State or of any
political subdivision of the State with respect to the acquisition
of lands or interests in lands.
(c) SAVINGS PROVISION.-Nothing in this title shall diminish, en-
large, or modify any right of the State or of any political subdivision
of the State-
(1) to exercise civil and criminal jurisdiction within the corri-
dor; or
(2) to tax persons, corporations, franchises, or property, in-
cluding minerals and other interests in or on lands or waters
within the corridor.
AUTHORIZATION OF APPROPRIATIONS; ALLOCATION OF AMOUNTS FOR
CERTAIN PURPOSES
SEC. 116. (a) AUTHORIZATION OF APPROPRIATIONS.-(1) For each
16 USC 401 note.
fiscal year which commences after September 30, 1984, there is
authorized to be appropriated-
(A) to the Commission a sum not to exceed $250,000 to carry
out the Commission's duties under this title; and
(B) to the Secretary such sums as may be necessary to carry
out the Secretary's duties under this title.
(2) Any sum appropriated under paragraph (1) shall remain avail-
able until expended.
(b) ALLOCATION OF AMOUNTS FOR CERTAIN PURPOSES.-Not less
than 5 per centum of the aggregate amount available to the Com-
mission from all sources for a fiscal year shall be used for carrying
out each of the duties of the Commission specified in subsections
(a)(1), (a)(2), (a)(3), (a)(4), (a)(5), (a)(6), (a)(7), (a)(8), and (b) of section
109.
COMPLIANCE WITH BUDGET ACT
SEC. 117. Any new spending authority described in subsection
Effective date.
(c)(2)(A) of section 401 of the Congressional Budget Act of 1974 which
16 USC 461 note.
is provided under this title shall be effective for any fiscal year only
2 USC 651.
to such extent or in such amounts as are provided in appropriation
Acts.
TITLE II
Jefferson
National
SEC. 201. (a) The Act of May 17, 1954 entitled "An Act to provide
Expansion
for the construction of the Jefferson National Expansion Memorial
Memorial
Amendments
at the site of old Saint Louis, Missouri, in general accordance with
Act of 1984.
the plan approved by the United States Territorial Expansion Me-
Saint Louis, Mo.,
morial Commission, and for other purposes" (68 Stat. 98; 16 U.S.C.
and East Saint
450jj), is amended by inserting after section 3 the following new
Louis, Ill.
sections:
"SEC. 4. (a) The Secretary of the Interior is further authorized to
Public
designate for addition to the Jefferson National Expansion Memo-
availability.
rial (hereinafter in this Act referred to as the 'Memorial') not more
16 USC 450jj-3.
than one hundred acres in the city of East Saint Louis, Illinois,
contiguous with the Mississippi River and between the Eads Bridge
and the Poplar Street Bridge, as generally depicted on the map
entitled 'Boundary Map, Jefferson National Expansion Memorial,
98 STAT. 1468
PUBLIC LAW 98-398-AUG. 24, 1984
numbered MWR-366/80,004, and dated February 9, 1984, which
shall be on file and available for public inspection in the offices of
Gateway Arch.
the National Park Service, Department of the Interior. The addi-
tional acreage authorized by this section is in recognition of the
historical significance of the Memorial site to the westward expan-
sion of the United States and the historical linkage of this site on
the Mississippi in both Missouri and Illinois to such expansion, the
international recognition of the Gateway Arch, designed by Eero
Saarinen, as one of the world's great sculptural and architectural
achievements, and the increasing use of the Memorial site by mil-
lions of people from all over the United States and the world.
"(b) Within the area designated in accordance with this section,
the Secretary of the Interior may acquire lands and interests in
lands by donation, purchase with donated or appropriated funds, or
exchange, except that lands owned by the State of Illinois or any
political subdivision thereof may be acquired only by donation.
16 USC 450jj-4.
"SEC. 5. Where appropriate in the discretion of the Secretary of
the Interior, he may transfer by lease or otherwise, to any appropri-
ate person or governmental entity, land owned by the United States
(or any interest therein) which has been acquired by the Secretary
under section 4. Any such transfer shall be consistent with the
management plan for the area and with the requirements of section
16 USC 460I-22.
5 of the Act of July 15, 1968 (82 Stat. 356; 16 U.S.C. 4601-22) and
shall be subject to such conditions and restrictions as the Secretary
deems necessary to carry out the purposes of this Act, including
terms and conditions which provide for-
"(1) the continuation of existing uses of the land which are
compatible with the Memorial,
"(2) the protection of the important historical resources of the
leased area, and
"(3) the retention by the Secretary of such access and develop-
ment rights as the Secretary deems necessary to provide for
appropriate visitor use and resource management.
In transferring any lands or interest in lands under this section, the
Secretary shall take into account the views of the Commission
Post, p. 1470.
established under section 8.
16 USC 450jj-5.
"SEC. 6. Lands and interests in lands acquired pursuant to section
Ante, p. 1467.
4 shall, upon acquisition, be a part of the Memorial. The Secretary
of the Interior shall administer the Memorial in accordance with
this Act and the provisions of law generally applicable to units of
the national park system, including the Act entitled 'An Act to
establish a National Park Service, and for other purposes', approved
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1-4) and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461-467). In the development,
management, and operation of that portion of the Memorial which
is added to the Memorial under section 4, the Secretary shall, to the
maximum extent feasible, utilize the assistance of State and local
government agencies and the private sector. For such purposes, the
Secretary may, consistent with the management plan for the area,
enter into cooperative agreements with the State, with any political
subdivision of the State, or with any person. Any such cooperative
agreement shall, at a minimum, establish procedures for providing
notice to the Secretary of any action proposed by the State, such
political subdivision, or such person, which may affect the area.
PUBLIC LAW 98-398-AUG. 24, 1984
98 STAT. 1469
"SEC. 7. (a) There is hereby established the Jefferson National
Jefferson
Expansion Memorial Commission (hereinafter in this Act referred to
National
as the 'Commission').
Expansion
Memorial
"(b) The Commission shall be composed of twenty members as
Commission,
follows:
establishment.
"(1) The county executive of Saint Louis County, Missouri, ex
16 USC 450jj-6.
officio, or a delegate.
"(2) The chairman of the Saint Clair County Board of Supervi-
sors, Illinois, ex officio, or a delegate.
"(3)(A) The executive director of the Bi-State Development
Agency, Saint Louis, Missouri, ex officio, or a delegate.
"(B) A member of the Bi-State Development Agency, Saint
Louis, Missouri, who is not a resident of the same State as the
executive director of such agency, appointed by a majority of
the members of such agency, or a delegate.
"(4) The mayor of the city of East Saint Louis, Illinois, ex
officio, or a delegate.
"(5) The mayor of Saint Louis, Missouri, ex officio, or a
delegate.
"(6) The Governor of the State of Illinois, ex officio, or a
delegate.
"(7) The Governor of the State of Missouri, ex officio, or a
delegate.
"(8) The Secretary of the Interior, ex officio, or a delegate.
"(9) The Secretary of Housing and Urban Development, ex
officio, or a delegate.
"(10) The Secretary of Transportation, ex officio, or a dele-
gate.
"(11) The Secretary of the Treasury, ex officio, or a delegate.
"(12) The Secretary of Commerce, ex officio, or a delegate.
"(13) The Secretary of the Smithsonian Institution, ex officio,
or a delegate.
"(14) Three individuals appointed by the Secretary of the
Interior from a list of individuals nominated by the mayor of
East Saint Louis, Illinois, and the Governor of the State of
Illinois.
"(15) Three individuals appointed by the Secretary of the
Interior from a list of individuals nominated by the mayor
of Saint Louis, Missouri, and the Governor of the State of
Missouri.
Individuals nominated for appointment under paragraphs (14) and
(15) shall be individuals who have knowledge and experience in one
or more of the fields of parks and recreation, environmental protec-
tion, historic preservation, cultural affairs, tourism, economic devel-
opment, city planning and management, finance, or public
administration. A vacancy in the Commission shall be filled in the
manner in which the original appointment was made.
"(c)(1) Except as provided in paragraphs (2) and (3), members of
the Commission shall be appointed for terms of three years.
"(2) Of the members of the Commission first appointed under
paragraphs (14) and (15) of subsection (c)—
"(A) two shall be appointed for terms of one year;
"(B) two shall be appointed for terms of two years; and
"(C) two shall be appointed for terms of three years;
as designated by the Secretary of the Interior at the time of
appointment.
98 STAT. 1470
PUBLIC LAW 98-398-AUG. 24, 1984
"(3) Any member of the Commission appointed to fill a vacancy
occurring before the expiration of the term for which his predecessor
was appointed shall be appointed only for the remainder of such
term. A member of the Commission may serve after the expiration
of his term until his successor has taken office.
"(d) Members of the Commission shall receive no pay on account
of their service on the Commission, but while away from their
homes or regular places of business in the performance of services
for the Commission, members of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, in the
same manner as persons employed intermittently in the Govern-
ment service are allowed expenses under section 5703 of title 5,
United States Code.
"(e) The chairperson of the Commission shall be elected by the
members of the Commission.
"(f) Upon request of the Commission, the head of any Federal
agency represented by members on the Commission may detail any
of the personnel or such agency, or provide administrative services
to the Commission to assist the Commission in carrying out the
Infra.
Commission's duties under section 8.
"(g) The Commission may, for the purposes of carrying out the
Commission's duties under section 8, seek, accept, and dispose of
gifts, bequests, or donations of money, personal property, or services,
received from any source.
Termination.
"(h)(1) Except as provided in paragraph (2), the Commission shall
terminate on the day occurring ten years after the date of enact-
ment of this section.
Extension.
"(2) The Secretary of the Interior may extend the life of the
Commission for a period of not more than five years beginning on
the day referred to in paragraph (1) if the Commission determines
that such extension is necessary in order for the Commission to
carry out this Act.
Development
"SEC. 8. (a) Within two years from the enactment of this section,
plan.
the Commission shall develop and transmit to the Secretary a
16 USC 450jj-7.
development and management plan for the East Saint Louis, Illi-
nois, portion of the Memorial. The plan shall include--
"(1) measures for the preservation of the area's resources;
"(2) indications of types and general intensities of develop-
ment (including visitor circulation and transportation patterns,
systems, and modes) associated with public enjoyment and use
of the area, including general locations, timing of implementa-
tion, and cost estimates;
"(3) identification of any implementation commitments for
visitor carrying capacities for all areas of the area;
"(4) indications of potential modifications to the external
boundaries of the area, the reasons therefore, and cost esti-
mates;
"(5) measures and commitments for insuring that the develop-
ment, management, and operation of the area in the State of
Illinois are compatible with the portion of the Memorial in the
State of Missouri;
"(6) opportunities and commitments for cooperative activities
in the development, management, and operation of the East
Saint Louis portion of the Memorial with other Federal, State,
and local agencies, and the private sector; and
"(7) effective and appropriate ways to increase local participa-
tion in the management of the East Saint Louis portion of the
PUBLIC LAW 98-398-AUG. 24, 1984
98 STAT. 1471
Memorial to help reduce the day-to-day operational and man-
agement responsibilities of the National Park Service and to
increase opportunities for local employment.
"(b) The plan shall also identify and include-
"(1) needs, opportunities, and commitments for the aesthetic
and economic rehabilitation of the entire East Saint Louis,
Illinois, waterfront and adjacent areas, in a manner compatible
with and complementary to, the Memorial, including the appro-
priate commitments and roles of the Federal, State, and local
governments and the private sector; and
"(2) cost estimates and recommendations for Federal, State,
and local administrative and legislative actions.
In carrying out its duties under this section, the Commission shall
take into account Federal, State, and local plans and studies respect-
ing the area, including the study by the National Park Service on the
feasibility of a museum of American ethnic culture to be a part of
any development plans for the Memorial.
"SEC. 9. (a) Upon completion of the plan, the Commission shall
16 USC 450jj-8.
transmit the plan to the secretary for his review and approval of its
adequacy and appropriateness. In order to approve the plan, the
Secretary must be able to find affirmatively that:
"(1) The plan addresses all elements outlined in section 8
above;
"(2) The plan is consistent with the Saint Louis, Missouri,
portion of the Memorial;
"(3) There are binding commitments to fund land acquisition
and development, including visitor circulation and transporta-
tion systems and modes, in amounts sufficient to completely
implement the plan as recommended by the Commission from
sources other than funds authorized to be appropriated in this
Act; and
"(4) There are binding commitments to fund or provide the
equivalent of all costs in excess of $350,000 per annum for the
continued management, operation, and protection of the East
Saint Louis, Illinois, portion of the Memorial.
"(b) The Secretary shall transmit in writing a notice of his
approval and his certification as to the existence and nature of
funding commitments contained in the approved plan to the Com-
mittee on Interior and Insular Affairs of the House of Representa-
tives and to the Committee on Energy and Natural Resources of the
United States Senate.
"SEC. 10. Pending submission of the Commission's plan, any Fed-
16 USC 450jj-9.
eral entity conducting or supporting significant activities directly
affecting East Saint Louis, Illinois, generally and the site specifi-
cally referred to in section 4 shall-
"(1) consult with the Secretary of the Interior and the Com-
mission with respect to such activities;
"(2) cooperate with the Secretary of the Interior and the
Commission in carrying out their duties under this Act, and to
the maximum extent practicable, coordinate such activities
with the carrying out of such duties; and
"(3) to the maximum extent practicable, conduct or support
such activities in a manner which the Secretary determines will
not have an adverse effect on the Memorial."
(b) The Act of May 17, 1954 entitled "An Act to provide for the
16 USC 450jj
construction of the Jefferson National Expansion Memorial at the
note.
site of old Saint Louis, Missouri, in general accordance with the plan
98 STAT. 1472
PUBLIC LAW 98-398-AUG. 24, 1984
approved by the United States Territorial Expansion Memorial
Commission, and for other purposes" (68 Stat. 98; 16 U.S.C. 450jj) is
amended by-
(1) redesignating "SEC. 4." (as SO designated prior to the
amendments made in subsection (a) of this section) as "SEC. 11.
(a)"; and
(2) adding at the end thereof the following new subsections:
"(b) For the purposes of the East Saint Louis portion of the
Appropriation
Memorial, there is hereby authorized to be appropriated not to
authorization.
exceed $1,000,000 for land acquisition and not to exceed $1,250,000
for development, of which not to exceed $500,000 shall be available
only for landscaping and only for expenditure in the ratio of one
dollar of Federal funds to one dollar of non-Federal funds: Provided,
That no funds authorized to be appropriated hereunder may be
appropriated prior to the approval by the Secretary of the plan
developed by the Commission.
"(c) Funds appropriated under subsection (b) of this section shall
remain available until expended.
"(d) Authority to enter into contracts or make payments under
this Act shall be effective for any fiscal year only to the extent that
appropriations are available for that purpose.".
Effective dates.
SEC. 202. Any provision of this title (or any amendment made by
16 USC 450jj-3
this title) which, directly or indirectly, authorizes the enactment of
note.
new budget authority described in section 402(a) of the Congres-
sional Budget Act of 1974 shall be effective only for fiscal years
beginning after September 30, 1983.
16 USC 450jj
SEC. 203. This title may be cited as the "Jefferson National
note.
Expansion Memorial Amendments Act of 1984".
Approved August 24, 1984.
LEGISLATIVE HISTORY-S. 746 (H.R. 2014):
HOUSE REPORT No. 98-601 accompanying H.R. 2014 (Comm. on Interior and
Insular Affairs).
SENATE REPORT No. 98-355 (Comm. on Energy and Natural Resources).
CONGRESSIONAL RECORD, Vol. 130 (1984):
Feb. 27, considered and passed Senate.
Feb. 28, H.R. 2014 considered and passed House; S. 746, amended, passed in lieu.
June 28, Senate concurred in House amendment with an amendment.
June 29, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 35 (1984):
August 24, Presidential statement.
&
THE WHITE HOUSE
WASHINGTON
September 24, 1985
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS 822
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
S.J. Res. 173 --- National Sewing Month
Counsel's Office has reviewed the above-referenced enrolled
resolution, and finds no objection to it from a legal
perspective.
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$ 85,09,25
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Referral Note:
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I
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ACTION CODES:
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S For Signature
F - Furnish Fact Sheet
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Type of Response = Initials of Signer
Code = "A"
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Comments:
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5/81
Document No.
WHITE HOUSE STAFFING MEMORANDUM
DATE:
9/24/85
ACTION/CONCURRENCE/COMMENT DUE BY: September 25, 1985
SUBJECT: S.J. Res. 173 National Sewing Month
ACTION FYI
ACTION FYI
VICE PRESIDENT
LACY
REGAN
McFARLANE
WRIGHT
OGLESBY
x
BUCHANAN
ROLLINS
CHAVEZ
A
RYAN
CHEW
P
55 SPEAKES
DANIELS
SPRINKEL
FIELDING
SVAHN
FRIEDERSDORF
THOMAS
HENKEL
TUTTLE
HICKEY
HICKS
KINGON
6
REMARKS: Please give your recommendations to my office by Wednesday,
September 25th. Thanks.
RESPONSE:
1035 SEP 20 N 2.23
David L. Chew
Staff Secretary
Ext. 2702
AMERICA OFFICE THE PRESIDENT SELVIS UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
September 24, 1985
SEP 24 PM
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Resolution S.J. Res. 173 - National Sewing
Month
Sponsor - Sen. East (R) North Carolina and 27 others
Last Day for Action
Commemorative month ends next Monday, September 30, 1985.
Purpose
Designates September 1985 as "National Sewing Month."
Agency Recommendations
Office of Management and Budget
Approval(Informally)
Discussion
S.J. Res. 173 designates the month of September 1985 as
"National Sewing Month," and requests the President to issue a
proclamation calling upon the public to observe the month with
appropriate ceremonies and activities. The resolution passed
both Houses by voice vote.
According to Rep. Boner (D, TN) in a statement on the House
floor, National Sewing Month commemorates the contribution the
sewing industry makes to our Nation's economy and to the million
of individuals with sewing skills. The month coincides with an
industry-wide promotion designed to increase home sewing
interest, consumer education, and family sewing participation.
The resolution notes that the home sewing industry generates
over $3.5 billion annually for the U.S. economy. Approximately
50 million people sew at home, and innumerable careers in
fashion and related occupations start in the home and in home
economic classes.
A proclamation is being prepared and will be forwarded to the
White House as soon as possible.
James m. Director Trey
for
Legislative Reference
Enclosures
THE WHITE HOUSE
WASHINGTON
September 25, 1985
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS D202
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
S. 818 -- Federal Fire Prevention
and Control Act Authorization
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
ID # 303285
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Subject: 5.818- Federal Fire Prevention and
Contral ast authoryation
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CUNAL
ORIGINATOR 85,09,25
/ /
Referral Note:
curt 18
R 85,09,25
3 85,09,26
Referral Note:
/ /
/ /
Referral Note:
/ /
/ /
Referral Note:
/
/
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I - Info Copy Only/No Action Necessary
A Answered
C Completed
C * Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D Draft Response
S For Signature
F - Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
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5/81
Document No. 303285
WHITE HOUSE STAFFING MEMORANDUM
DATE: 9/25/85
ACTION/CONCURRENCE/COMMENT DUE BY:
9/26/85
SUBJECT: S. 818 - Federal Fire Prevention and Control Act Authorization
ACTION FYI
ACTION FYI
VICE PRESIDENT
LACY
REGAN
R
McFARLANE
WRIGHT
OGLESBY
BUCHANAN
ROLLINS
CHAVEZ
RYAN
CHEW
P
55
SPEAKES
DANIELS
SPRINKEL
FIELDING
SVAHN
<
FRIEDERSDORF
THOMAS
HENKEL
TUTTLE
HICKEY
HICKS
KINGON
REMARKS:
Please give your recommendations to my office by Thursday,
September 26th. Thanks.
RESPONSE:
1503) SEP 23 3/38
David L. Chew
Staff Secretary
Ext. 2702
OFFICE AMOUNT FREE END PRESIDENT SERVIS UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF management AND BUDGET
WASHINGTON, D.C. 20503
Receivad'S
175
SEP
25
&
SEP 25 1985
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 818 - Federal Fire Prevention and
Control Act Authorization
Sponsor - Sen. Gorton (R) Washington
Last Day for Action
October 1, 1985 - Tuesday
Purpose
To authorize appropriations for the Federal Fire Prevention and
Control Act for fiscal year 1986.
Agency Recommendations
Office of Management and Budget
Approval
Federal Emergency Management Agency
Approval
Discussion
S. 818 represents Congressional action on a Federal Emergency
Management Agency (FEMA) legislative proposal. The enrolled bill
authorizes appropriations of $22,037,000 for 1986 for the fire
prevention programs administered by the U.S. Fire Administration
and the National Fire Academy, both of which are located within
FEMA. These programs are the major Federal activities in support
of local fire prevention and control efforts.
The 1986 appropriation authorization of $22,037,000 exceeds the
1986 Budget request of $19,322,000 by $2,715,000, but it is below
the 1985-enacted appropriation of $22,953,000. The amount above
the 1986 Budget request is primarily due to Congress' rejection
of the 1986 Budget proposal to eliminate payment of student
travel stipends to the National Fire Academy on the grounds that
such payments should be made by State and local governments.
S. 818 passed both the House and Senate by voice vote.
Assistant Legislative James Director m. Reference Trey
Enclosures
THE WHITE HOUSE
WASHINGTON
September 25, 1985
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS 026
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
S. 817 -- Earthquake Hazards
Reduction Act Authorizations
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
ID #. 303284
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Subject: authorizations 5.817 - Earthquake Hazards Reduction act
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CuHall
ORIGINATOR $5,09,25
/ /
Referral Note:
cuat 18
R $5,09,25
3 85,09,26
Referral Note:
/ /
/ /
I
Referral Note:
/ /
/ /
Referral Note:
/ /
/ /
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No. 303284
WHITE HOUSE STAFFING MEMORANDUM
DATE: 9/25/85
ACTION/CONCURRENCE/COMMENT DUE BY: 9/26/85
SUBJECT: S. 817 - Earthquake Hazards Reduction Act Authorizations
ACTION FYI
ACTION FYI
VICE PRESIDENT
LACY
REGAN
McFARLANE
WRIGHT
OGLESBY
BUCHANAN
D
ROLLINS
CHAVEZ
RYAN
CHEW
P
SPEAKES
DANIELS
SPRINKEL
FIELDING
SVAHN
FRIEDERSDORF
THOMAS
HENKEL
TUTTLE
HICKEY
HICKS
KINGON
REMARKS:
Please give your recommendations to my office by Thursday,
September 26th. Thanks.
RESPONSE:
David L. Chew
Staff Secretary
Ext. 2702
GREAT BIR PRESIDENT SHIP UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
Reselved
NS SEP 25 FR 2:51 2:
SEP 25 1985
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 817 - Earthquake Hazards Reduction
Act Authorizations
Sponsors - Sen. Gorton (R) Washington and
Sen. Riegle (D) Michigan
Last Day for Action
October 1, 1985 - Tuesday
Purpose
To authorize appropriations for fiscal years 1986 and 1987 for
the National Earthquake Hazards Reduction program.
Agency Recommendations
Office of Management and Budget
Approval
Federal Emergency Management Agency
Approval(Informally)
Department of the Interior
Approval
National Science Foundation
No objection
Department of Commerce
No objection
Discussion
S. 817 represents Congressional action on a legislative proposal
transmitted to Congress by the Federal Emergency Management
Agency (FEMA). The enrolled bill would authorize appropriations
for fiscal years 1986 and 1987 for the interagency National
Earthquake Hazards Reduction Program. FEMA coordinates the
program, which consists of earthquake research and assistance to
State and local governments in preparing for and responding to
earthquakes. In addition to FEMA, the U.S. Geological Survey
(USGS) in the Department of the Interior, the National Science
Foundation (NSF), and the National Bureau of Standards (NBS) in
the Department of Commerce are responsible for carrying out the
earthquake research and related activities.
S. 817 authorizes appropriations for 1986 totalling $69,433,000,
which, while exceeding the 1986 Budget request by $534,000, is
below the 1985-enacted appropriations of $70,518,000. The excess
amount includes $499,000 for NBS earthquake activities that were
proposed for termination in the 1986 Budget.
2
A summary of the enrolled bill's 1986 and 1987 appropriation
authorizations- follows:
Agency
1986
1987
FEMA
$ 5,596,000
$ 5,848,000
USGS
35,578,000
37,179,000
NSF
27,760,000
29,009,000
NBS
499,000
521,000
TOTAL
$69,433,000
$72,557,000
FEMA's legislative proposal included appropriation authorizations
of "such sums as may be necessary" for 1987.
In addition, S. 817 requires the submission to Congress of an
earthquake hazards reduction program plan every 3 years instead
of annually as required by existing law. S. 817 also requires
FEMA, in cooperation with the other agencies, to make an "annual
presentation" to an appropriate committee of Congress after each
fiscal year on significant events and programmatic requirements.
S. 817 passed both Houses by voice vote.
Assistant m. Director for
Legislative Reference
Enclosures
THE WHITE HOUSE
WASHINGTON
September 26, 1985
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
ASSOCIATE COUNSEL 136 THE PRESIDENT
JOHN G. ROBERTS
SUBJECT:
S. 1514 -- Approval of Funds for Interstate
Highway and Interstate Substitute Projects
Counsel's Office has reviewed the above-referenced enrolled
bill and signing statement, and finds no objection to them
from a legal perspective.
ID #. 303288
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Subject: 5.15.14 - approval as funds par Interstate
Nighway and Interstate Substitute Projects
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CUNTAL
ORIGINATOR 85,09,25
/ /
I
Referral Note:
cuat 18
R 85,09,25
5 82,09,27
Referral Note:
/ /
/ /
I
Referral Note:
/ /
/ /
-
Referral Note:
/ /
/ /
Referral Note:
*
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C Comment/Recommendation
R Direct Reply w/Copy
B . Non-Special Referral
S Suspended
D Draft Response
S For Signature
F Furnish Fact Sheet
X Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
Document No. 303288
WHITE HOUSE STAFFING MEMORANDUM
DATE: 9/25/85
ACTION/CONCURRENCE/COMMENT DUE BY: 9/27/85
SUBJECT: S. 1514 - Approval of Funds for Interstate Highway and
Interstate Substitute Projects
ACTION FYI
ACTION FYI
VICE PRESIDENT
LACY
REGAN
R
McFARLANE
WRIGHT
OGLESBY
x
BUCHANAN
ROLLINS
CHAVEZ
RYAN
CHEW
P
SPEAKES
DANIELS
SPRINKEL
FIELDING
SVAHN
FRIEDERSDORF
THOMAS
HENKEL
TUTTLE
HICKEY
HICKS
KINGON
REMARKS:
Please give your recommendations to my office by Friday,
September 27th. Also provided for your approval is a DOT
signing statement. Thanks.
RESPONSE:
5:49
David L. Chew
Staff Secretary
MASSACHUSETTS OFFICE THE PRESIDENT STATES UNITED
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
SEP 25 1985
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill S. 1514 - Approval of Funds for
Interstate Highway and Interstate Substitute
Projects
Sponsor - Sen. Symms (R) Idaho
Last Day for Action
Purpose
Approves the release of approximately $4.8 billion of interstate
construction funds, interstate substitute project funds, and
minimum allocation funds available to the States for obligation
during fiscal year 1986.
Agency Recommendations
Office of Management and Budget
Approval
Department of Transportation
Approval (Signing
statement attached)
Discussion
S. 1514 gives Congressional approval for the Department of
Transportation to release funds to the States -- in amounts as
proposed by the Administration -- for interstate highway
construction, interstate substitute projects, and minimum
allocations to the States. These funds will be available for
obligation during fiscal year 1986. (Although the enrolled bill
refers to both fiscal years 1986 and 1987, the practical effect
of the language is to release funds for obligation during 1986.)
Approval of S. 1514, which passed both Houses by voice vote, will
result in the release to the States of $4.8 billion. Of the $4.8
billion, the funds would be apportioned as follows: (1) $3.64
billion for interstate highway construction; (2) $538 million for
interstate substitute highway projects; and (3) $650 million for
the minimum allocation program. Interstate substitute projects
are non-interstate highway and transit projects that a State may
undertake if it has chosen to withdraw yet-to-be constructed
segments from the interstate system and apply the earmarked funds
to other projects. The actual release of funds for substitute
2
transit projects will, however, be delayed until Congress
determines through the appropriations process the specific amount
to be released. The minimum allocation program is a statutory
requirement which increases the amount of funds for States that
contribute more in gasoline and other road-related taxes than
they receive from the Highway Trust Fund.
Conclusion
In recommending your approval of S. 1514, the Department of
Transportation has prepared a signing statement, which is
attached to its views letter, for your consideration. Generally,
the statement expresses your appreciation to Secretary Dole and
Members of Congress for their efforts in securing the timely
passage of a clean bill (i.e., one unencumbered with special
interest projects). The statement also advises that the
Administration is currently preparing legislation to reauthorize
the Federal-aid highway program, which expires on September 30,
1986, and emphasizes the need to keep this legislation free of
special interest projects when it is acted on by Congress.
Finally, the Department of Transportation recommends that you
sign the enrolled bill before October 1, thereby permitting the
timely release of funds to the States.
Assistant James Director
for
Begislative Reference
Enclosures
Ninety-ninth Congress of the United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Thursday, the third day of January,
one thousand nine hundred and eighty-five
An Art
To approve the Interstate Cost Estimate and Interstate Substitute Cost Estimate.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
APPROVAL OF INTERSTATE COST ESTIMATE FOR FISCAL YEAR 1987
SECTION 1. The Secretary of Transportation shall apportion for the
fiscal year ending September 30, 1987, the sums authorized to be
appropriated for such period by section 108(b) of the Federal-Aid
Highway Act of 1956, as amended, for expenditure on the National
System of Interstate and Defense Highways using the apportion-
ment factors contained in revised table 5 of the Committee Print
Numbered 99-68 of the Committee on Environment and Public
Works of the Senate.
APPROVAL OF INTERSTATE SUBSTITUTE COST ESTIMATE FOR FISCAL YEAR
1986
SEC. 2. The Secretary of Transportation shall apportion for the
fiscal year ending September 30, 1986, the sums to be apportioned
for such year under section 103(e)(4) of title 23, United States Code,
for expenditure on substitute highway and transit projects, using
the apportionment factors contained in the Committee Print Num-
bered 99-69 of the Committee on Environment and Public Works
and the Committee on Banking, Housing, and Urban Affairs of the
Senate.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
PROPOSED SIGNING STATEMENT
Today I am signing S. 1514 which will approve the
Interstate Cost Estimate (ICE) and the Interstate Substitute
Cost Estimate (ISCE). Signing this bill will permit the
timely apportionment of about $4.8 billion in Federal-aid
highway funds. Our Administration has consistently urged the
passage of a "clean" ICE and ISCE approval bill to permit the
apportionment of about $4.8 billion in highway user fees. In
the past two years, delays in approving the ICE and ISCE have
caused late apportionments. These late apportionments have
tended to disrupt highway construction plans and have impeded
the timely completion of the Interstate System. We believe
that user fees are an appropriate means to fund public works
projects. The enactment of this bill keeps faith with
highway users by using their highway taxes for highway
construction in a timely and orderly manner.
I would like to express my appreciation to the Members
of Congress, to Secretary Dole and to all others whose
cooperative efforts have led to enactment of this bill.
These cooperative efforts have led to the passage of a
"clean" ICE and ISCE unencumbered with special interest
projects which disturb State and local priorities.
The Administration is now preparing legislation to
reauthorize the Federal-aid highway program and complete the
Interstate system by the early 1990's. We must continue to
keep the highway program free of costly special interest
projects which hamper our ability to fund the national
Federal-interest highway system. Secretary Dole and I hope
that Congress will move promptly to pass a reauthorization
bill that I can sign into law.
It is with great pleasure that I sign S. 1514.
THE WHITE HOUSE
WASHINGTON
September 30, 1985
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
H. LAWRENCE GARRETT, III A
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
H.R. 3414 -- Temporary Extension
of Flexitime Authority
At your request, Counsel's Office has reviewed the
above-referenced enrolled bill, and has no legal objection
to it.
ID # 303357
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5/81
303357ss
Document No.
WHITE HOUSE STAFFING MEMORANDUM
DATE:
9/27/85
ACTION/CONCURRENCE/COMMENT DUE BY: NOON MONDAY, 9/30
H.R. 3414 - TEMPORARY EXTENSION OF FLEXITIME AUTHORITY
SUBJECT:
ACTION FYI
ACTION FYI
VICE PRESIDENT
LACY
REGAN
McFARLANE
WRIGHT
OGLESBY
BUCHANAN
ROLLINS
CHAVEZ
RYAN
CHEW
P
SPEAKES
DANIELS
SPRINKEL
FIELDING
SVAHN
FRIEDERSDORF
THOMAS
HENKEL
TUTTLE
HICKEY
HICKS
KINGON
REMARKS:
Please provide any comments/recommendations by noon Monday, 9/30.
Thank you.
RESPONSE:
1005/SEP 27 6:21 6:
David L. Chew
Staff Secretary
Ext. 2702
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE UNITED STATES
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
Undelved'S
SEP
27
SEP 27 1985
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 3414 - Temporary extension of
flexitime authority for Federal agencies
Sponsor - Rep. Ackerman (D) New York
Last Day for Action
The authority extended by H.R. 3414 is scheduled to expire on
September 30, 1985. OPM therefore urges approval as soon as
possible.
Purpose
Extends through October 31, 1985, current authority for Federal
agencies to adopt flexible and compressed work schedules.
Agency Recommendations
Office of Management and Budget
Approval
Office of Personnel Management
Approval
Discussion
The Federal Employee Flexible and Compressed Work Schedules Act
of 1982 (P.L. 97-221) continued for a three-year period ending
July 23, 1985, a program first enacted in 1978 under which
Federal agencies are authorized to negotiate with employees to
establish alternative work schedules (AWS). These AWS
arrangements generally allow employees more flexible arrival and
departure times for work, under a variety of plans within the
standard 8-hour day and 40-hour workweek ("flexitime"), or
provide for "compressed" schedules under which employees work
longer hours a day for a shorter workweek, such as four 10-hour
days a week.
The Administration has proposed a permanent extension of this
program, which has been passed by the House in H.R. 1534.
However, the Senate has not yet acted, and an interim measure,
P.L. 99-69, temporarily extended the program through Monday,
September 30, 1985.
2
H.R. 3414, which passed both Houses by voice vote, would
substitute October 31, 1985, as the new sunset date for the
existing program. This would allow additional time for the
Congress to act on a permanent AWS program.
haomi Acting Assistant R Director Sweeney for
Legislative Reference
Enclosures
H 7808
CONGRESSIONAL RECORD - HOUSE
September 26, 1985
CHOID RAL EMPLOYEES FLEXIBLE
(Mr. GILMAN asked and was given
This measure is critical to literally
AND
COMPRESSED
WORK
permission to revise and extend his re-
thousands of people in the Washing
SCHEDULES ACT OF 1982 EX-
marks.)
ton metropolitan area, including in my
TENSION
Mr. GILMAN. Mr. Speaker, I with-
district. I thank the gentleman for
Mr. ACKERMAN. Mr Speaker. I ask
draw my reservation of objection.
moving this legislation and thank him
unanimous consent that the Commit-
The SPEAKER pro tempore. Is
for yielding.
tee on Post Office and Civil Service be
there objection to the request of the
Mr. PARRIS. Mr. Speaker. the flexible
discharged from further consideration
gentleman from New York?
and compressed work schedule has general-
of the bill (H.R. 3414), to provide that
There was no objection.
ed more phone calls to my office than any
the authority to establish and admin-
The
other Federal issue in recent memory. And
ister flexible and compressed work
every one of these callers, from managers
schedules for Federal Government em-
to entry-level employees, support perma-
ployees be extended through Novem
nently extending this program.
ber 14, 1985, and ask for its immediate
consideration
Flexitime works. It is supported by Re-
The Clerk read the title of the bill.
publicans, Democrats, the White House and
The SPEAKER pro tempore. Is
Congress. We have reams of hearing testi-
there objection to the request of the
mony from almost every faction of Federal
gentleman from New York?
Government lauding the merits of this pro-
Mr. GILMAN. Mr. Speaker, reserv-
gram.
ing the right to object, I shall not
AMENDMENT IN THE NATURE OF A SUBSTITUTED
I regret we do not have a permanent ex-
object, but I rise to ask the gentleman
OFFERED BY MR. ACKERMAN
tension for flexitime at this moment. Nev.
from New York [Mr. ACKERMAN] to ex-
Mr. ACKERMAN. Mr. Speaker, I
ertheless, I ask my colleagues to support
plain what this measure is.
offer an amendment in the nature of a
H.R. 3414 to extend the program until Oc-
Mr. ACKERMAN. Mr. Speaker, will
substitute.
tober 31. 1985. Unless we pass this legisla-
the gentleman yield?
The Clerk read as follows:
tion before adjournment this week. flexi-
Mr. GILMAN. I yield to the gentle-
man from New York
Amendment in the nature of a substitute
time will expire and the countless number
Mr. ACKERMAN. Mr. Speaker. H.R.
offered by Mr. ACKERMAN: Strike out all
of vital services provided by Government
after the enacting clause and insert in lieu
employees under this program will be ad-
3414 is a noncontroversial bill. which
thereof the following
versely affected.
has been cleared with the minority. It
That section 5 of the Federal Employees
Mr. Speaker, I don't believe my col.
is an emergency measure which will
Flexible and Compressed Work Schedules
leagues on either side of the aisle want this.
permit the continuation of alternative
Act of 1982 (5 U.S.C. 6101 note) is amended
Please support H.R. 3414.
work schedules, which are now being
to read as follows:
used by more than 300,000 Federal em-
"SEC 5 The amendments made by this
The SPEAKER pro tempore. The
ployees. The present authority for the
Act shall not be in effect after October 31
question is on the amendment in the
program is due to expire next Monday,
1985.
nature of a substitute offered by the
September 30. H.R. 3414 is the only
Mr. TAYLOR. Mr. Speaker, will the
gentleman from New York [Mr. Ack-
way to avoid the costly and unneces-
gentleman yield?
ERMAN].
sary disruption which would result if
Mr. ACKERMAN. I yield to the gen-
The amendment in the nature of a
that authority is permitted to lapse.
tleman from Kentucky.
substitute was agreed to.
Mr. GILMAN Mr. Speaker I rise in
(Mr. TAYLOR asked and was given
The bill was ordered to be engrossed
support of H.R. 3414 an act to extend
permission to revise and extend his re-
and read E third time was read the
for a 30 day period, until October 31
marks.)
third time, and passed.
the Federal Employees Flexible and
Mr. TAYLOR. r.Speaker, I rise to
The title of the bill was amended so
Compressed Work Schedules Act.
take this time to assure my colleagues
as to read: "An act to provide that the
Since the authorization by Congress
that we on the minority side of the
authority to establish and administer
in 1978 of experimental programs in
committee have no objection to the
flexible and compressed work sched-
the use of flexible and compressed
bill now being considered or the
ules for Federal Government employ-
work schedules, the great majority of
amendment.
ees be extended through October 31,
comments concerning this program
I want to commend the chairman for
1985."
have been very positive.
bringing forth another extension of
The experimentation, sometimes re-
this program because I believe it has
A motion to reconsider was laid on
ferred to as flextime. afforded Federal
proven to be one of the more success-
the table.
public employees the opportunity to
ful programs we have authorized and,
participate in a number of work sched-
hopefully. we will have a permanent
authorization bill shortly.
GENERAL LEAVE
ule designs other than the traditional
5-day. 40-hour workweek.
Mr. WOLF. Mr. Speaker, will the
Mr. ACKERMAN. Mr. Speaker. I
The program has not been without
gentleman yield?
ask unanimous consent that all Mem-
some weaknesses when used improper-
Mr. ACKERMAN. I yield to the gen-
bers may have 5 legislative days in
ly outside the framework of manage-
tleman from Virginia.
which to revise and extend their re-
ment consultation, but as with the pri-
Mr. WOLF. Mr. Speaker. I thank the
marks, and include extraneous matter
vate sector experience, flexible work
gentleman for yielding.
on H.R. 3414. the bill just passed.
schedules result in innumerable bene-
I want to thank the gentleman from
The SPEAKER pro tempore. Is
fits: increased usage of buildings and
New York [Mr. ACKERMAN] for moving
there objection to the request of the
equipment, decreased traffic conges-
this bill so quickly. It is a bill that he
gentleman from New York?
tion. improved attendance, and height-
has been very persistent on, and I
thank him. and I hope we can have a
There was no objection.
ened productivity and worker morale.
Recently. the results of a GAO and
unanimous vote for it.
OPM study accessing the success of
Mr. PARRIS. Mr. Speaker, will the
FOOD SECURITY ACT OF 1985
the program was released and the data
gentleman yield?
showed that the program is highly
Mr. ACKERMAN. I yield to the gen-
The SPEAKER pro tempore. Pursu-
productive; beneficial to both Govern-
tleman from Virginia.
ant to House Resolution 267 and rule
ment and to its employees and repre-
(Mr. PARRIS asked and was given
XXIII, the Chair declares the House
sents a permanent step toward accessi-
permission to revise and extend his re-
in the Committee of the Whole House
ble, efficient Government.
marks.)
on the State of the Union for the fur-
Accordingly, I urge my colleagues to
Mr. PARRIS. Mr. Speaker, I thank
ther consideration of the bill, H.R.
support H.R. 3414.
the gentleman for yielding.
2100.
LEGI-SLATE Report for 99th Congress monday, September 30, 1985 11:02am (EDT)
SEARCH OF 6,561 BILLS AND RESOLUTIONS TO FIND 1 MEASURE:
LIMITED TO THE SPECIFIC MEASURE: H.R.3414
Bi ACKERMAN (D-NY) Flexible ano Compressed Work Schedules for
Federal Government Employees, Extension of Authority
CAPTION (OFFICIAL TITLE):
An act to provide that the authority to establish and administer flexible
and compresseo WORK schedules for Federal Government employees be extended
through October 31, 1985,
INTRODUCED. 09/23/85
COSPONSORS:
CURRENTLY NONE
ALL SPECIFIED ACTIONS:
09/23/85 IN THE HOUSE
Introduces
Referred to HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE
09/26/85 IN THE HOUSE
motion to discharse: BY ACKERMAN (D-N)
measure discharged from HOUSE COMMITTEE ON POST OFFICE AND CIVIL SERVICE
Consigered ID (laid before) the House (CR P Page H-7808
Amendment offered , BY ACKERMAN (D-NY) In the nature OT B substitute that
extends the flextime PROSTAM to October 31, 1985 CCR Page H-7808
Agreed to amendment BY ACKERMAN (D-NY) (VOICE VOTE) ID the nature 01 a
substitute
Measure passed to third reading (VOICE VOTE:
Measure passed (agreed to) (VOICE VOTE
Title of measure amended (see "Describe" report)
09/26/85 IN THE SENATE
Motion to consider (or proceed with consideration): BY DOLE (R-KS)
NO objection to request for unanimous consent, BY DOLE (R-KS)
considered in (laid before) the Senate (CR Pase S-12251)
Measure passed to third readins (VOICE VOTE)
measure passed (agreed to) (VOICE VOTE
Received in the Senate, after P855898 in the House
DO YOU WISH TO ADD TO OR CREATE A FILE OF MEASURES?
347800
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5/81
THE WHITE HOUSE
WASHINGTON 5 H
October 25, 1985
MEMORANDUM FOR DAVID L. CHEW
STAFF SECRETARY
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Enrolled Bill H.R. 2174 --
Colville Indian Judgment Funds
Counsel's Office has reviewed the above-referenced enrolled
bill, and finds no objection to it from a legal perspective.
ID # 330155
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Document No. 330155
WHITE HOUSE STAFFING MEMORANDUM
DATE:
10/24/85
ACTION/CONCURRENCE/COMMENT DUE BY: 5:00 pm, Mon. 10/28/85
SUBJECT: ENROLLED BILL H.R. 2174 - Colville Indian Judgment Funds
ACTION FYI
ACTION FYI
VICE PRESIDENT
à
LACY
REGAN
McFARLANE
MILLER
OGLESBY
&
BUCHANAN
X
RYAN
CHAVEZ
A
SPEAKES
CHEW
P
as $ SPRINKEL
DANIELS
SVAHN
FIELDING
A
THOMAS
FRIEDERSDORF
TUTTLE
HENKEL
HICKEY
HICKS
KINGON
R
REMARKS
Please submit your comments on the attached Enrolled Bill directly
to my office by 5:00 р.ш. Monday, October 28. Thank you.
RESPONSE:
David L. Chew
Staff Secretary
Ext 2702
DITE B 1 RESULT THE LIMITED :
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
OCT 24 1985
MEMORANDUM FOR THE PRESIDENT
Subject: Enrolled Bill H.R. 2174 - Colville Indian Judgment Funds
Sponsors - Reps. Foley (D) and Morrison (R) Washington
Last Day for Action
October 30, 1985 - Wednesday
Purpose
Transfers to the Colville Business Council any undistributed
portion of certain judgments awarded the Confederated Tribes of
the Colville Reservation in the State of Washington.
Agency Recommendations
Office of Management and Budget
Approval
Department of the Interior
Approval
Department of Justice
No objection
Discussion
The Confederated Tribes of the Colville Reservation in the State
of Washington were awarded judgments from the Indian Claims
Commission under dockets 161, 222, and 224 in 1965. The plan for
the use and distribution of these judgment funds became effective
in 1976, and it included the set-aside of funds for a per capita
distribution to tribal members.
Starting in 1978 and thereafter, Indian juogment distribution
plans routinely provide that any balance remaining in the
treasury, after the allocation of per capita payments,
automatically revert to the governing body of the tribe.
However, since the distribution plan for awards from the above
mentioned dockets predates this change, legislation is needed to
allow the remaining balances to be transferred to the Colville
Business Council. H.R. 2174 would provide the necessary
authority to transfer the remaining judgment funds and accrued
interest, which as of March 31, 1985, came to $211,209.
2
H.R. 2174 includes a requirement for Secretary of the Interior
approval prior to the expenditure of transferred funds by the
Colville Business Council. In a report of August 23, 1985, to
the House Interior and Insular Affairs Committee, Interior
recommended enactment of H.R. 2174, provided that the post-hoc
requirement for Secretarial approval be deleted because of the
potential administrative difficulty. While the bill was not
amended to incorporate this recommendation, Interior's enrolled
bill letter states that the Department's concern with this
requirement has been alleviated because the Council will use the
funds for ongoing tribal programs and has pledged to work closely
with the Department in the expenditure of the transferred
judgment funds. In recommending approval, Interior concludes
that II the circumstances of the proposed transfer are
sufficiently unique that our approval of the post-hoc requirement
of Secretarial approval will not be construed as a precedent.
#
H.R. 2174 passed both Houses of the Congress by voice vote.
C.
MAR
Cames C. Miller HI
Director
Enclosures