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Volume 86 · 581

Public Law 92–398

Making appropriations for the Department of Transportation and related agencies for the fiscal year ending June 30, 1973, and for other purposes.

Approved August 22, 1972

Statutory text

AN ACT

Making appropriations for the Department of Transportation and related agencies for the fiscal year ending June 30, 1973, and for other purposes.

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

That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the Department of Transportation and related agencies for the fiscal year ending June 30, 1973, and for other purposes, namely:

TITLE I DEPARTMENT OF TRANSPORTATION

Office of the Secretary salaries and expenses For necessary expenses of the Office of the Secretary of Transportation, including not to exceed $27,000 for allocation within the Department for official reception and representation expenses as the Secretary may determine; $23,970,000.

Transportation Planning, Research, and Development For necessary expenses for conducting transportation planning, research, and development activities, including the collection of national transportation statistics, to remain available until expended, $88,500,000, of which not to exceed $7,000,000 shall be derived from the appropriation for “Research, engineering and development (Airport and Airway Trust Fund)”.

Grants-in-Aid for Natural Gas Pipeline Safety For grants-in-aid to carry out a pipeline safety program, as authorized by section 5 of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. 1674), $875,000, to remain available until expended.

Consolidation of Departmental Headquarters For necessary expenses in connection with the consolidation of departmental activities into the Southwest Area of Washington, District of Columbia, $800,000.

COAST GUARD Operating Expenses For necessary expenses for the operation and maintenance of the Coast Guard, not otherwise provided for; purchase of not to exceed sixteen passenger motor vehicles for replacement only; and recreation and welfare; $548,900,000, of which $164,905 shall be applied to Capehart Housing debt reduction: Provided, That the number of aircraft on hand at any one time shall not exceed one hundred and seventy-five exclusive of planes and parts stored to meet future attrition: Provided further, That, without regard to any provisions of law or Executive order prescribing minimum flight requirements, Coast Guard regulations which establish proficiency standards and maximum and minimum flying hours for this purpose may provide for the payment of flight pay at the rates prescribed in section 301 of title 37, United States Code, to certain members of the Coast Guard otherwise entitled to receive flight pay during the current fiscal year (1) who have held aeronautical ratings or designations for not less than fifteen years, or (2) whose particular assignment outside the United States or in Alaska, makes it impractical to participate in regular aerial flights, or who have wen assigned to a course of instruction of 90 days or more: Provided further, That amounts equal to the obligated balances against the appropriations for “Operating expenses” for the two preceding years, shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against, this appropriation: Provided further, That not to exceed $15,000 shall be available for investigative expenses of a confidential character, to be expended on the approval and authority of the Commandant and his determination shall be final and conclusive upon the accounting officer of the Government. Acquisition, Construction, and Improvements For necessary expenses of acquisition, construction, rebuilding, and improvement of aids to navigation, shore facilities, vessels, and aircraft, including equipment related thereto; $131,550,000, to remain available until expended. Alteration of Bridges For necessary expenses for alteration of obstructive bridges; $12,500,000, to remain available until expended. Retired Pay For retired pay, including the payment of obligations therefor otherwise chargeable to lapsed appropriations for this purpose, and payments under the Retired Serviceman’s Family Protection Plan: $72,789,000. Reserve Training For all necessary expenses for the Coast Guard Reserve, as authorized by law; maintenance and operation of facilities; and supplies, equipment, and services; $31,735.000: Provided, That amounts equal to the obligated balances against the appropriations for “Reserve training” for the two preceding years shall be transferred to and merged with this appropriation, and such merged appropriation shall be available as one fund, except for accounting purposes of the Coast Guard, for the payment of obligations properly incurred against such prior year appropriations and against this appropriation. Research, Development, Test, and Evaluation For necessary expenses, not otherwise provided for, for basic and applied scientific research, development, test, and evaluation; maintenance, rehabilitation, lease, and operation of facilities and equipment, as authorized by law; $17,500,000, to remain available until expended. State Boating Safety Assistance For financial assistance for State boating safety programs in accordance with the provisions of the Federal Boat Safety Act of 1971 (Public Law 92–75), $4,500,000, to remain available until expended.

FEDERAL AVIATION ADMINISTRATION Operations For necessary expenses of the Federal Aviation Administration, not otherwise provided for, including administrative expenses for research and development and for establishment of air navigation facilities, and carrying out the provisions of the Airport and Airway Development Act; purchase of four passenger motor vehicles for replacement only; and purchase and repair of skis and snowshoes; $1,150,538,000; and for acquisition and modernization of facilities and equipment and service testing in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant, $19,200,000, to remain available until expended; and for acquisition of screening devices, which devices may be transferred, conveyed, or loaned to air carriers and commercial operators under such terms and conditions as the Federal Aviation Administrator may deem appropriate, for use by such air carriers and commercial operators in complying with Federal requirements for passenger screening systems, $3,500,000, to remain available until expended: Provided, That there may be credited to this appropriation, funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the maintenance and operation of air navigation facilities. Facilities and Equipment (Airport and Airway Trust Fund) For necessary expenses, not otherwise provided, for acquisition, establishment, and improvement by contract or purchase, and hire of air navigation and experimental facilities, including initial acquisition of necessary sites by lease or grant; engineering and service testing including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing of quarters and related accommodations for officers and employees of the Federal Aviation Administration stationed at remote localities where such accommodations are not available, but at a total cost of construction not to exceed $50,000 per housing unit in Alaska; and purchase of five aircraft; $302,650,000 to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred in the establishment and modernization of air navigation facilities: Provided further, That no part of the foregoing appropriation shall be available for the construction of a new wind tunnel, or to purchase any land for or in connection with the National Aviation Facilities Experimental Center. Research, Engineering and Development (Airport and Airway Trust Fund) For necessary expenses, not otherwise provided, for research, engineering and development in accordance with the provisions of the Federal Aviation Act (49 U.S.C. 1301–1542), including construction of experimental facilities and acquisition of necessary sites by lease or grant; $66,000,000, to be derived from the Airport and Airway Trust Fund, to remain available until expended: Provided, That there may be credited to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses incurred for research, engineering and development. Grants-in-Aid for Airports (Airport and Airway Trust Fund) For grants-in-aid for airport planning pursuant to section 13 of Public Law 91–258, and for liquidation of obligations incurred for airport development under authority contained in section 14 of Public Law 91–258, to be derived from the Airport and Airway Trust Fund and to remain available until expended, $115,000,000, of which $15,000,000 shall be for airport planning grants. Federal Payment to the Airport and Airway Trust Fund For payment to the Airport and Airway Trust Fund as provided by section 208(d) of Public Law 91–258, $48,728,000. Operation and Maintenance, National Capital Airports For expenses incident to the care, operation, maintenance, improvement, and protection of the federally owned civil airports in the vicinity of the District of Columbia, including purchase of two passenger motor vehicles for police type use, for replacement only; purchase, cleaning, and repair of uniforms; and arms and ammunition: $12,265,000. Construction, National Capital Airports For necessary expenses for construction at the federally owned civil airports in the vicinity of the District of Columbia, $2,600,000, to remain available until expended. Aviation War Risk Insurance Revolving Fund The Secretary of Transportation is hereby authorized to make such expenditures, within the limits of funds available pursuant to section 1306 of the Act of August 23, 1958 (49 U.S.C. 1536), and in accordance with section 104 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for aviation war risk insurance activities under said Act.

FEDERAL HIGHWAY ADMINISTRATION Salaries and Expenses For necessary expenses, not otherwise provided, as authorized by law, of the Federal Highway Administration, $13,325,000, of which $5,600,000 shall be derived from the Highway Trust Fund, together with not to exceed $98,400,000 to be transferred from the appropriation for “Federal-aid highways (trust fund)”: Provided, That not to exceed $22,150,000 of the amount provided herein shall remain available until expended. Highway Beautification (Liquidation of Contract Authorization) For payment of obligations incurred in carrying out the provisions of title 23, United States Code] sections 131, 136, and 319(b). $12,000,000 to remain available until expended, together with $965,000 for necessary administrative expenses for carrying out such provisions of title 23, United States Code, as authorized by section 105 (a) of the Federal-Aid Highway Act of 1970. Highway-Rented Safety Grants (Liquidation of Contract Authorization) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, administered by the Federal Highway Administration, to remain available until expended, $12,000,000, of which $8,000,000 shall be derived from the Highway Trust Fund: Provided, That not to exceed $393,000 of the amount appropriated herein may be transferred to the appropriation “Salaries and expenses”. Rail Crossings—Demonstration Projects For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 322, to remain available until expended, $2,000,000, of which $600,000 shall be derived from the Highway Trust Fund. Territorial Highways (Liquidation of Contract Authorization) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 215, $2,000,000, to remain available until expended. Darien Gap Highway For necessary expenses for construction of the Darien Gap Highway in accordance with the provisions of section 216 of title 23 of the United States Code, including the purchase of not to exceed two passenger motor vehicles $15,000,000, to remain available until expended. Federal-Aid Highways (Liquidation of Contract Authorization) (Trust Fund) For carrying out the provisions of title 23, United States Code, which are attributable to Federal-aid highways, not otherwise provided, including reimbursement for sums expended, pursuant to the provisions of section 2 of the Pacific Northwest Disaster Relief Act of 1965 (79 Stat. 131), reimbursement for sums expended pursuant to the provisions of section 21 of the Alaska Omnibus Act, as amended (78 Stat. 505), $4,891,990,000, or so much thereof as may be available in and derived from the “Highway trust fund”, to remain available until expended. Right-Of-Way Revolving Fund (Liquidation of Contract Authorization) (Trust Fund) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 108(c), as authorized by section 7(c) of the Federal-Aid Highway Act of 1968, $35,000,000, to remain available until expended, and to be derived from the “Highway trust fund” at such times and in such amounts as may be necessary to meet current withdrawals. Forest Highways (Liquidation of Contract Authorization) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 204, pursuant to contract authorization granted by title 23, United States Code, section 203, to remain available until expended, $23,000,000. Public Lands Highways (Liquidation of Contract Authorization) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 209, pursuant to the contract authorization granted by title 23, United States Code, section 203, $16,000,000, to remain available until expended.

NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION Traffic and Highway Safety For expense’s necessary to discharge the functions of the Secretary with respect to traffic and highway safety, including services authorized by 5 U.S.C. 3109, $44,185,000, of which $29,490,000 shall be derived from the Highway trust fund. State and Community Highway Safety (Liquidation of Contract Authorization) For payment of obligations incurred in carrying out the provisions of title 23, United States Code, section 402, to remain available until expended, $70,000,000, of which $29,500,000 shall be derived from the Highway trust fund.

FEDERAL RAILROAD ADMINISTRATION Office of the Administrator salaries and expenses For necessary expenses of the Federal Railroad Administration, $2,835,000. Railroad Research For necessary expenses for conducting railroad research activities, $10,350,000, to remain available until expended. Bureau of Railroad Safety For necessary expenses of the Bureau of Railroad Safety, not otherwise provided for, $7,000,000. High-Speed Ground Transportation Research and Development For necessary expenses for research, development, and demonstrations in high-speed ground transportation, $52,500,000, to remain available until expended. The Alaska Railroad alaska railroad revolving fund The Alaska Railroad Revolving Fund shall continue available until expended for the work authorized by law, including operation and maintenance of oceangoing or coastwise vessels by ownership, charter, or arrangement with other branches of the Government service, for the purpose of providing additional facilities for transportation of freight, passengers, or mail, when deemed necessary for the benefit and development of industries or travel in the area served: and payment of compensation and expenses as authorized by 5 U.S.C. 8146, to be reimbursed as therein provided; and not to exceed $1,000,000 of the Fund shall be available for use in construction and engineering work on an extension of the Alaska Rail road from Fair banks, Alaska, to the International Airport located near that city: Provided, That no employee shall be paid an annual salary out of said fund in excess of the salaries prescribed by the Classification Act of 1949, as amended, for grade GS–15, except the general manager of said railroad, one assistant general manager at not to exceed the salaries prescribed by said Act for GS–17, and five officers at not to exceed the salaries prescribed by said Act for grade GS–16.

URBAN MASS TRANSPORTATION ADMINISTRATION Urban Mass Transportation Fund administrative expenses For necessary administrative expenses of the urban mass transportation program authorized by the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seep, as amended by Public Law 91–453), in connection with the activities, including uniforms and allowances therefor, as authorized by law (5 U.S.C. 5901–5902); hire of passenger motor vehicles; and services as authorized by 5 U.S.C. 3109: $6,542,000. research, development, and demonstrations and university research and training For an additional amount for the urban mass transportation program, as authorized by the Urban Mass Transportation Act of 1964, as amended (49 U.S.C. 1601 et seq.), to remain available until expended; $96,250,000: Provided, That $93,250,000 shall be available for research, development, and demonstrations, $2,500,000 shall be available for university research and training, and not to exceed $500,000 shall be available for managerial training as authorized under the authority of the said act. liquidation of contract authorization For payment to the urban mass transportation fund, for liquidation of contractual obligations incurred under authority of the Urban Mass Transportation Act of 1964 (49 U.S.C. 1601 et seq., as amended by Public Law 91–453), $232,000,000, to remain available until expended.

SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION The Saint Lawrence Seaway Development Corporation is hereby authorized to make such expenditures, within the limits of funds and borrowing authority available to such Corporation, and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act, as amended, as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such Corporation except as hereinafter provided.

limitation on administrative expenses, saint lawrence seaway development corporation Not to exceed $797,000 shall be available for administrative expenses which shall be computed on an accrual basis, including not to exceed $3,000 for official entertainment expenses to be expended upon the approval or authority of the Secretary of Transportation, hire of passenger motor vehicles and aircraft, operation and maintenance of aircraft, uniforms or allowances therefor for operation and maintenance personnel, as authorized by law (5 U.S.C. 5901–5902), and $15,000 for services as authorized by 5 U.S.C. 3109.

TITLE II RELATED AGENCIES

National Transportation Safety Board salaries and expenses For necessary expenses of the National Transportation Safety Board, $7,785,000.

CIVIL AERONAUTICS BOARD Salaries and Expenses For necessary expenses of the Civil Aeronautics Board, including hire of aircraft; hire of passenger motor vehicles; services as authorized by 5 U.S.C. 3109; uniforms, or allowances therefor, as authorized by law (5 U.S.C. 5901–5902); and not to exceed $1,000 for official reception and representation expenses, $14,173,000. Payments to Air Carriers For payments to air carriers of so much of the compensation fixed and determined by the Civil Aeronautics Board under section 406 of the Federal Aviation Act of 1958 (49 U.S.C. 1376), as is payable by the Board, $54,000,000, to remain available until expended.

INTERSTATE COMMERCE COMMISSION Salaries and Expenses For necessary expenses of the Interstate Commerce Commission, including services as authorized by 5 U.S.C. 3109, $33,120,000, of which $150,000 shall be available for valuation of pipelines: Provided, That Joint Board members and cooperating State commissioners may use Government transportation requests when traveling in connection with their duties as such.

THE PANAMA CANAL Canal Zone Government operating expenses For operating expenses necessary for the Canal Zone Government, including operation of the Postal Service of the Canal Zone; hire of passenger motor vehicles; uniforms or allowances therefor, as author-ized by law (5 U.S.C. 5901–5902); expenses incident to conducting hearings on the Isthmus; expenses of special training of employees of the Canal Zone Government as authorized by 5 U.S.C. 4101–4118; contingencies of the Governor, residence for the Governor; medical aid and support of the insane and of lepers and aid and support of indigent persons legally within the Canal Zone, including expenses of their deportation when practicable; and maintaining and altering facilities of other Government agencies in the Canal Zone for Canal Zone Government use, $55,200,000. capital outlay For acquisition of land and land under water and acquisition, construction, and replacement of improvements, facilities, structures, and equipment, as authorized by law (2 C.Z. Code, sec. 2; 2 C.Z. Code, sec. 371), including the purchase of not to exceed thirteen passenger motor vehicles for replacement only; improving facilities of other Government agencies in the Canal Zone for Canal Zone Government use; and expenses incident to the retirement of such assets; $4,500,000, to remain available until expended. Panama Canal Company corporation The Panama Canal Company is hereby authorized to make such expenditures within the limits of funds and borrowing authority available to it and in accordance with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 1(4 of the Government Corporation Control Act, as amended (31 U.S.C. 849), as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation, including maintaining and improving facilities of other Government agencies in the Canal Zone for Panama Canal Company use. limitation on general and administrative expenses Not to exceed $20,556,000 of the funds available to the Panama Canal Company shall be available during the current fiscal year for general and administrative expenses of the Company, including operation of tourist vessels and guide services, which shall be computed on an accrual basis. Funds available to the Panama Canal Company for operating expenses shall be available for the purchase of not to exceed twenty-six passenger motor vehicles, for replacement only, and for uniforms or allowances therefor as authorized by law (5 U.S.C. 5901–5902).

WASHINGTON METROPOLITAN AREA TRANSIT AUTHORITY Federal Contribution To enable the Department of Transportation to pay the Washington Metropolitan Area Transit Authority, as part of the Federal contribution toward expenses necessary to design, engineer, construct, and equip a rail rapid transit system, as authorized by the National Capital Transportation Act of 1969 (Public Law 91–143), including acquisition of rights-of-way, land, and interest therein, to remain available until expended, $131,181,000 for the fiscal year 1974.

TITLE III GENERAL PROVISIONS

Sec. 301.

During the current fiscal year applicable appropriations to the Department of Transportation shall be available for maintenance and operation of aircraft; hire of passenger motor vehicles and aircraft; and uniforms, or allowances therefor, as authorized by law

80 Stat. 508; 81 Stat. 206.

(5 U.S.C. 5901–5902).

Sec. 302.

None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for grants-in-aid for airport development aggregating more than $280,000,000 in fiscal year 1973.

Sec. 303.

None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $40,000,000 for “Highway Beautification” in fiscal year 1973.

Sec. 304.

None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $85,000,000 in fiscal year 1973 for “State and Community Highway Safety” and “Highway-Related Safety Grants”.

Sec. 305.

None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $4,000,000 in fiscal year 1973 for “Territorial Highways”.

Sec. 306.

None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $20,090,000, exclusive of the reimbursable program, in fiscal year 1973 for “Forest Highways”.

Sec. 307.

None of the funds provided under this Act shall be available for the planning or execution of programs the obligations for which are in excess of $12,000,000 in fiscal year 1973 for “Public Lands Highways”.

Sec. 308.

None of the funds provided in this Act shall be available for administrative expenses in connection with commitments for “Urban Mass Transportation Fund” aggregating more than $1,000,000,000 in fiscal year 1973.

Sec. 309.

No part or any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

Sec. 310.

None of the funds provided under this Act shall be available for the planning or execution of programs for any further construction of the Miami jetport or of any other air facility in the State of Florida lying south of the Okeechobee Waterway and in the drainage basins contributing water to the Everglades National Park until it has been shown by an appropriate study made jointly by the Department of the Interior and the Department of Transportation that such an airport will not have an adverse environmental effect on the ecology of the Everglades and until any site selected on the basis of such study is approved by the Department of the Interior and the Department of Transportation: Provided, That nothing in this section shall affect the availability of such funds to carry out this study.

Sec. 311.

The Governor of the Canal Zone is authorized to employ

80 Stat. 416.

services as authorized by 5 U.S.C. 3109, in an amount not exceeding $150,000.

Sec. 312.

Funds appropriated for operating expenses of the Canal Zone Government may be apportioned notwithstanding section 3679 of the Revised Statutes, as amended (31 U.S.C 665), to the extent necessary to permit payment of such pay increases for officers or employees as may be authorized by administrative action pursuant to law which are not in excess of statutory increases granted for the same period in corresponding rates of compensation for other employees of the Government in comparable positions.

Sec. 313.

Funds appropriated under this Act for expenditure by

FAA and Coast Guard personnel, dependents, school expenses.

the Federal Aviation Administration and the Coast Guard shall be available (1) for expenses of primary and secondary schooling for dependents of Federal Aviation Administration and Coast Guard personnel stationed outside the continental United States at costs for any given area not in excess of those of the Department of Defense for the same area, when it is determined by the Secretary that the schools, if any, available in the locality are unable to provide adequately for the education of such dependents, and (2) for transportation of said dependents between schools serving the area which they attend and their places of residence when the Secretary, under such regulations as he may prescribe, determines that such schools are not accessible by public means of transportation on a regular basis.

Sec. 314.

Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed the per diem

80 Stat. 416.

rate equivalent to the rate for a GS–18.

5 USC 5332 note.

This Act may be cited as the “Department of Transportation and

Short title.

Related Agencies Appropriation Act, 1973”.

Approved August 22, 1972.

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