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REFERENCES IN TEXT

The Davis-Bacon Act, as amended, referred to in subsec. (a) (6), is classified to sections 276a to 276a-5 of Title 40, Public Buildings, Property, and Works.

Reorganization Plan Numbered 14 of 1950, referred to in subsec. (a) (6), is set out in the Appendix to Title 5, Government Organization and Employees.

CODIFICATION

"This chapter", referred to in subsec. (a) (5) (B) and (c) (1) and (2), read in the original "this title" meaning title I of Pub. L. 92-512, which is classified to this chapter and sections 6017A and 6687 of Title 26, Internal Revenue Code.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1263 of this title.

SUBCHAPTER III-GENERAL PROVISIONS

§ 1261. Definitions and special rules.

(a) Secretary.

For purposes of this chapter, the term "Secretary" means the Secretary of the Treasury or his delegate. The term "Secretary of the Treasury" means the Secretary of the Treasury personally, not including any delegate.

(b) Entitlement period.

For purposes of this chapter, the term "entitlement period" means

(1) The period beginning January 1, 1972, and ending June 30, 1972.

(2) The period beginning July 1, 1972, and ending December 31, 1972.

(3) The period beginning January 1, 1973, and ending June 30, 1973.

(4) The one-year periods beginning on July 1 of 1973, 1974, and 1975.

(5) The period beginning July 1, 1976, and ending December 31, 1976.

(c) District of Columbia.

(1) Treatment as State and local government.

For purposes of this chapter, the District of Columbia shall be treated both

(A) as a State (and any reference to the Governor of a State shall, in the case of the District of Columbia, be treated as a reference to the Commissioner of the District of Columbia), and

(B) as a county area which has no units of local government (other than itself) within its geographic area.

(2) Reduction in case of income tax on nonresident individuals.

If there is hereafter enacted a law imposing a tax on income earned in the District of Columbia by individuals who are not residents of the District of Columbia, then the entitlement of the District of Columbia under subchapter I of this chapter for any entitlement period shall be reduced by an amount equal to the net collections from such tax during such entitlement period attributable to individuals who are not residents of the District of Columbia. The preceding sentence shall not apply if

(A) the District of Columbia and Maryland enter into an agreement under which each State agrees to impose a tax on income earned in that State by individuals who are residents of the other State, and the District of Columbia and Virginia enter into an agreement under

which each State agrees to impose a tax on income earned in that State by individuals who are residents of the other State, or

(B) the Congress enacts a law directly imposing a tax on income earned in the District of Columbia by individuals who are not residents of the District of Columbia.

(Pub. L. 92-512, title I, § 141, Oct. 20, 1972, 86 Stat. 934.)

CODIFICATION

"This chapter", referred to in subsecs. (a), (b), and (c) (1), read in the original "this title" meaning title I of Pub. L. 92-512, which is classified to this chapter and sections 6017A and 6687 of Title 26, Internal Revenue Code. RETURN OF TAX IN THE EVENT OF IMPOSITION OF INCOME TAX ON NONRESIDENT INDIVIDUALS Pub. L. 93-198, title VII, § 735, Dec. 24, 1973, 87 Stat. 823, amended subsec. (c) of this section, effective Jan. 2, 1975 if title IV of Pub. L. 93-198 is accepted by a majority of the registered qualified electors in the District of Columbia voting on the charter issue in the charter referendum to be conducted before May 24, 1974, to read as follows:

"(c) DISTRICT OF COLUMBIA. For purposes of this title, the District of Columbia shall be treated both

"(1) as a State (and any reference to the Governor of a State shall, in the case of the District of Columbia, be treated as a reference to the Mayor of the District of Columbia), and

"(2) as a county area which has no units of local government (other than itself) within its geographic area.".

§ 1262. Regulations. (a) General rule.

The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the provisions of this chapter.

(b) Administrative procedure act to apply.

The rulemaking provisions of subchapter II of chapter 5 of Title 5 shall apply to the regulations prescribed under this chapter for entitlement periods beginning on or after January 1, 1973. (Pub. L. 92-512, title I, § 142, Oct. 20, 1972, 86 Stat. 935.)

CODIFICATION

"The chapter", referred to in subsecs. (a) and (b), read in the original "this title" meaning title I of Pub. L. 92512, which is classified to this chapter and sections 6017A and 6687 of Title 26, Internal Revenue Code.

§ 1263. Judicial review. (a) Petitions for review.

Any State which receives a notice of reduction in entitlement under section 1226(b) of this title, and any State or unit of local government which receives a notice of withholding of payments under section 1223(b) or 1243 (b) of this title, may, within 60 days after receiving such notice, file with the United States court of appeals for the circuit in which such State or unit of local government is located a petition for review of the action of the Secretary. A copy of the petition shall forthwith be transmitted to the Secretary; a copy shall also forthwith be transmitted to the Attorney General.

(b) Record.

The Secretary shall file in the court the record of the proceeding on which he based his action, as provided in section 2112 of Title 28. No objection to the action of the Secretary shall be considered by the court unless such objection has been urged before the Secretary.

(c) Jurisdiction of court.

The court shall have jurisdiction to affirm or modify the action of the Secretary or to set it aside in whole or in part. The findings of fact by the Secretary, if supported by substantial evidence contained in the record, shall be conclusive. However, if any finding is not supported by substantial evidence contained in the record, the court may remand the case to the Secretary to take further evidence, and the

Secretary may thereupon make new or modified findings of fact and may modify his previous actions. He shall certify to the court the record of any further proceedings. Such new or modify findings of fact shall likewise be conclusive if supported by substantial evidence contained in the record.

(d) Review by Supreme Court.

The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification, as provided in section 1254 of Title 28. (Pub. L. 92-512, title I, § 143, Oct. 20, 1972, 86 Stat. 935.)

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1223, 1226 of this title.

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(As amended Oct. 13, 1972, Pub. L. 92-492, § 2(a), 86 Stat. 810.)

AMENDMENTS

1972-Cl. (1). Pub. L. 92-492 added provision including within the term "Territory" for the purposes of this title and other laws relating to the militia, the National Guard, the Army National Guard of the United States, and the Air National Guard of the United States, the Virgin Islands.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 10 section 101.

§ 107. Availability of appropriations.

(a) Under such regulations as the Secretary concerned may prescribe, appropriations for the National Guard are available for

(b) The expenses of enlisted members of the Regular Army or the Regular Air Force on duty with the National Guard shall be paid from appropriations for the Army National Guard or the Air National Guard, as the case may be, but not from the allotment of a State or Territory, Puerto Rico, the Canal Zone, or the District of Columbia. Payable expenses include allowances for subsistence and quarters under sections 402 and 403 of title 37 and expenses for medicine and medical attendance. (As amended Aug. 13, 1971, Pub. L. 92-119, § 1(a), 85 Stat. 340.)

AMENDMENTS

1971-Pub. L. 92-119, § 1(a)(1), substituted "Availability" for "Apportionment" in the catchline.

Subsec. (a). Pub. L. 92-119, § 1(a) (2), (3), (4), redesignated former subsec. (b) as subsec. (a), and in subsec. (a) as so redesignated, substituted "appropriation for the National Guard" for "apportioned appropriation". Former subsec. (a), which provided for the apportionment of appropriations for the Army National Guard and Air National Guard under prescribed formulas among the states, territories, Puerto Rico, the Canal Zone, District of Columbia, was stricken.

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Subsec. (b). Pub. L. 92-119, § 1(a) (4), redesignated former subsec. (c) as subsec. (b). Former subsec. (b) redesignated subsec. (a) and amended.

Subsec. (c). Pub. L. 92-119, § 1(a) (4), redesignated former subsec. (c) as subsec. (b).

Chapter 3.-PERSONNEL

§ 307. Federal recognition of officers: examination; certificate of eligibility.

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(g) Federal recognition may not be extended in the case of any member of the National Guard of the Virgin Islands in any grade above colonel. (As amended Oct. 13, 1972, Pub. L. 92-492, § 2(b), 86 Stat. 810.)

AMENDMENTS

1972-Subsec. (g). Pub. L. 92-492 added subsec. (g).

Chapter 5.-TRAINING

§ 502. Required drills and field exercises.

(a) Under regulations to be prescribed by the Secretary of the Army or the Secretary of the Air Force, as the case may be, each company, battery, squadron, and detachment of the National Guard, unless excused by the Secretary concerned, shall

(1) assemble for drill and instruction, including indoor target practice, at least 48 times each year; and

(2) participate in training at encampments, maneuvers, outdoor target practice, or other exercises, at least 15 days each year.

However, no member of such unit who has served on active duty for one year or longer shall be required to participate in such training if the first day of such training period falls during the last one hundred and twenty days of his required member ship in the National Guard.

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§ 708

§ 708. Property and fiscal officers.

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1972 Subsec. (b) (4). Pub. L. 92-445 added provision that the claim may be allowed to the extent that the law of the place where the act or omission complained of occurred would permit recovery from a private individual under similar circumstances, when the damage to or loss of property, or personal injury or death was caused wholly or partly by a negligent or wrongful act of the claimant, his agent, or his employee.

§ 716. Claims for overpayment of pay and allowances, other than travel and transportation allowances. (a) A claim of the United States against a person arising out of an erroneous payment of any pay or allowances, other than travel and transportation

allowances, made before or after the effective date
of this section, to or on behalf of a member or former
member of the National Guard, the collection of
which would be against equity and good conscience
and not in the best interest of the United States,
may be waived in whole or in part by-
(1) the Comptroller General; or

(2) the Secretary concerned, as defined in section 101 (5) of title 37, when

(A) the claim is in an amount aggregating not more than $500;

(B) the claim is not the subject of an exception made by the Comptroller General in the account of any accountable officer or official; and

(C) the waiver is made in accordance with standards which the Comptroller General shall prescribe.

(b) The Comptroller General or the Secretary concerned, as the case may be, may not exercise his authority under this section to waive any claim—

(1) if, in his opinion, there exists, in connection with the claim, an indication of fraud, misrepresentation, fault, or lack of good faith on the part of the member or any other person having an interest in obtaining a waiver of the claim; or

(2) if application for waiver is received in his office after the expiration of three years immediately following the date on which the erroneous payment of pay or allowances, other than travel and transportation allowances, was discovered. (c) A person who has repaid to the United States all or part of the amount of a claim, with respect to which a waiver is granted under this section, is entitled, to the extent of the waiver, to refund, by the department concerned at the time of the erroneous payment, of the amount repaid to the United States, if he applies to that department for that refund within two years following the effective date of the waiver. The Secretary concerned shall pay from current applicable appropriations that refund in accordance with this section.

(d) In the audit and settlement of accounts of any accountable officer or official, full credit shall be given for any amounts with respect to which collection by the United States is waived under this section.

(e) An erroneous payment, the collection of which is waived under this section, is considered a valid payment for all purposes.

(f) This section does not affect any authority under any other law to litigate, settle, compromise, or waive any claim of the United States. (Added Pub. L. 92-453, § 2(1), Oct. 2, 1972, 86 Stat. 759.)

REFERENCES IN TEXT

Effective date of this section, referred to in subsec. (a), means the effective date of Pub. L. 92-453, which was approved Oct. 2, 1972.

TITLE 33.-NAVIGATION AND NAVIGABLE WATERS

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§ 59j. Delaware River, Philadelphia County, Pennsylvania; permanent structures.

The portion of the Delaware River in Philadelphia County, Commonwealth of Pennsylvania, lying between all that certain lot or piece of ground situate in the second and fifth wards of the city of Philadelphia described as follows:

Beginning at a point on the easterly side of Delaware Avenue (variable width) said side being the bulkhead line of the Delaware River (approved by the Secretary of War on September 10, 1940), at the distance of 1,833.652 feet from an angle point on the easterly side of said Delaware Avenue south of Washington Avenue;

thence extending along the easterly side of said Delaware Avenue the following courses and distances, (1) north 0 degree 45 minutes 33.2 seconds west 2,524.698 feet to a point; (2) north 9 degrees 36 minutes 25 seconds east, 2,168.160 feet to a point; (3) north 13 degrees 26 minutes 45.8 seconds east, 2,039.270 feet to a point; (4) north 20 degrees 12 minutes 52.4 seconds east, 35.180 feet to an angle point in Delaware Avenue; thence continuing north 20 degrees 12 minutes 52.4 seconds east along the said bulkhead line, the distance of 574.970 feet to a point on the south house line of Callowhill Street produced;

thence extending along the south house line of Callowhill Street produced south 80 degrees 47 minutes 30.6 seconds east, the distance of 523.908 feet to a point on the pierhead line of the Delaware River (approved by the Secretary of War on September 10, 1940);

thence extending along the said pierhead line the following courses and distances, (1) south 17 degrees 52 minutes 48.5 seconds west, 605.262 feet to a point; (2) south 14 degrees 14 minutes 14.7 seconds west, 1,372.530 feet to a point; (3) south 10 degrees 37 minutes 35.3 seconds west, 1,252.160 feet to a point; (4) south 8 degrees 23 minutes 50.4 Page 1279

seconds west, 1,450.250 feet to a point; (5) south 2 degrees 22 minutes 45.9 seconds west, 1,221.670 feet to a point; (6) south 1 degree 4 minutes 36 seconds east, 1,468.775 feet to a point on the north house line of Catherine Street extended, thence extending north 76 degrees 56 minutes 29.2 seconds west, the distance of 555.911 feet to the first mentioned point and place of beginning is hereby declared not to be a navigable water of the United States within the meaning of the Constitution and laws of the United States, and the Consent of Congress is hereby given, for the filling or erection of permanent structures in all or any part of the described area.

(Pub. L. 92-605, § 1, Oct. 31, 1972, 86 Stat. 1493.) PERMANENT STRUCTURES IN ABOVE-DESCRIBED AREA;

APPROVAL OF PLANS

Section 2 of Pub. L. 92-605 provided that: "This declaration [this section] shall apply only to portions of the above-described area which are filled or occupied by permanent structures. No such filling or erection of structures in the above-described area shall be commenced until the plans therefor have been approved by the Secretary of the Army who shall, prior to granting such approval, give consideration to all factors affecting the general public interest and the impact of the proposed work on the environment."

Chapter 3.-NAVIGATION RULES FOR HARBORS, RIVERS, AND INLAND WATERS GENERALLY

PRELIMINARY

§ 151. Demarcation of high seas lines. CROSS REFERENCES

Vessel bridge-to-bridge radiotelephone requirement and capability for vessels on navigable waters of United States inside lines established under this section, see section 1203 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1203 of this title.

RULES CONCERNING LIGHTS, ETC.

§ 180. Lights of vessel at anchor.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 section 1655. NO VESSEL UNDER ANY CIRCUMSTANCES TO NEGLECT PROPER PRECAUTIONS

§ 222. Lights on war and Coast Guard vessels; exhibition suspended.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 section 1655.

Chapter 4.-NAVIGATION RULES FOR GREAT LAKES AND THEIR CONNECTING AND TRIBUTARY WATERS

§ 258. Lights of vessel at anchor.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 49 section 1655.

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