An Act to improve and clarify certain laws affecting the coast Guard Reserve
PL 91-402 (H.R.13716), enacted 09/18/1970

838 
PUBLIC LAW 91-400-SEPT. 16, 1970 
[84 STAT. 
Public Law 91-400 
September 16,1970 
[H.R. 13434] 
Hualapai Tribe, 
Ariz. 
Judgment funds, 
disposition. 
Tajc exemption. 
AN ACT 
To provide for the disposition of judgment funds on deposit to the credit of the 
Hualapai Tribe of the Hualapai Reservation, Arizona, in Indian Claims 
Ooniinission Dockets Numbered 90 and 122, and for other purples. 
Be it e/rmcted hy the Seriate and House of RepreHentativea of the 
United States of America in Congress assernhJed. That tlie unexpended 
balance of funds on deposit in the Treasury of tlie United States to 
the credit of the Hualapai Tribe of Indians that were apf>ropriat^ to 
pay a judgment granted by the Indian Claims Commission in dockets 
Xumbered 90 and 122, and the interest thereon, less payment of 
attorney fees and expenses, may be advanced, expended, invested or 
reinvested for any purpose that is authorized by tlie tribal governing 
body and approved by the Secretary of the Interior. 
SEC. 2. Any part of such funds that may be distributed to members 
of the tribe shall not be subject to Federal or State income tax. 
SEC. 3. The Secretary of the Interior is authorized to prescribe rules 
and regulations to carry out the provisions of this Act. 
Approved September 16, 1970. 
September 16,1970 
[H.R. 14097] 
Public Law 91-401 
AN ACT 
To authorize the use of funds arising from a .judKuu'nt in fjivor of rhe Citizfii 
Hand of I'otawatonii Indians of Oklahoma in Iiidiiii) Chiinis Commission 
Docket Xo. !
M
i
. and for other purposes. 
Citizen Band of 
Potawatomi In-
dians, Okla. 
Judgment funds, 
disposition. 
83 Stat. 62. 
Tax exemption. 
Be it enacted by the Senate and House of Be/ffexentat'/re.s of the 
United. States of Attiei/aa, In CongreHS as.set))bled. That the funds on 
deposit in the Treasury of tlie United States to the credit of the Citizen 
Hand of Potawatomi Indians of Oklahoma tliat were a]:)propriated by 
the Act of July 22, 1969 (Public Law 91-47) to i)ay a judgment by tlie 
IndiaJi Claijiis Commission in docket numbered 9f) dated August 27, 
1968, and the interest thereon, including the interest accruing thereon, 
after payment of attorney fees and expenses, may be advanced or 
(expended for any purpose tluit is authorized by the tribal governing 
body and aj)pro\ed by the Secretary of the Interior. Any i:»ait of such 
funds that may be distributed per ca])ita to the members of the band 
shall not be subject to Federal or State income tax. 
SEC. 2. Sums payable to enrollees or their heirs or legatees who are 
less than twenty-one years of age or who are under a legal disability 
shall be paid in accordance with such procedures, including the estab-
lishment of trusts, as the Secretary of the Interior determines ap])ro-
priate to protect the best interests of such persons. 
Approved September 16, 1970. 
September 18,1970 
[H.R.13716] 
Public Law 91-402 
AN ACT 
To Improve and clarify certain laws affecting the Coast Guard Reserve. 
Coast Guard 
Reserve. 
Promotion 
system. 
63 Stat. 554. 
14 u s e 762. 
Be it enacted hy the Senate and House of R e 
present at 
ice^ of the 
United States of America in ('ongress assemhled^ That title 14, United 
States Code, is amended as follows: 
(1) Subsection (b) of section 762 is amended by striking out the 
words ", but not above the grade of captain". 
84 STAT. 
PUBLIC LAW 91-402-SEPT. 18, 1970 
839 
(2) Section 770 is amended by striking out the figure "795-' in both 
of the pLices it appears and inserting in lieu thereof, the figure "798"; 
by redesignating clause "(9)" as "(10)"; and by adding a new clause 
"(9)"as follows: 
' 
^ 
"(9) the 'active duty promotion list' is as defined in section 41a 
of this title." 
(8) Section 772 is amended by inserting before the period in the 
second sentence of subsection (b) the phrase "or because an excess 
results directly from the operation of mandatory provisions of this 
or other laws". 
(4) Section 774 is amended to read as follows: 
"A Reserve officer must be in an active status to be eligible for con-
sideration for promotion and to be promoted under this subchapter. 
Officers retained in an active status and excluded from promotion by 
the provisions of section 787 of this title are not eligible for considera-
tion for promotion." 
(5) Section 775 is amended by adding a new subsection (f) to read 
as follows: 
"(f) Whenever a selection board is convened to consider officers of 
the Women's Reserve not serving on active duty, membership of the 
board shall include, when reasonably available, not less than two 
members of the Women's Reserve not serving on active duty." 
(6) Section 780 is amended— 
(A) by amending subsections (c) and (d) to read as follows: 
"(c) Each selection board, from among those officers whose names 
are submitted to it as determined by section 783 of this title, shall 
recommend for promotion to the next high grade: 
"(1) those male officers serving in the grade of lieutenant 
(junior grade) or above whom it considers to be best qualified; 
"(2) those male officers serving in the grade of ensign whom it 
(•onsiders to be fully qualified; 
" (8) those officers of the Women's Reserve serving in the grade 
of lieutenant or below whom it considers to be full^ qualified; and 
" (4) those officers of the Women's Reserve serving in the grade 
of lieutenant commander or above whom it considers to be best 
qualified. The recommendation of a selection board shall be based 
on comparative fitness for the diities to which officers of the 
Women's Reserve are normally assigned. 
"(d) Before convening a board to recommend officers for promotion 
to any grade above lieutenant (junior grade), the Secretary shall deter-
mine the total number of officers to be selected for promotion to that 
grade. X^nless the Secretary takes action pursuant to the provisions of 
subsection (c) of section 772 of this subchapter, this number shall be 
equal to the number of vacancies existing in the grade, plus the number 
of vacancies estimated for the next twelve months, less the number of 
officers on the promotion list for that grade." 
(B) by adding a new subsection (i) to read as follows: 
"(i) Vacancies in all grades shall be filled by the combined total of 
those officers, male and female, who have been selected for promotion. 
Selection opportunity for officers of the Women's Reserve to grades 
72 Stat. 1547. 
14 u s e 770. 
74 Stat. 280. 
Eligibility. 
72 Stat. 1549, 
Selection board, 
membership re-
quirements. 
Recommenda-
tions; method. 
Vacancies. 
47-348 O - 72 - 57 (Pt. 1) 
840 
PUBLIC L
A
W 91-402-SEPT. 18, 1970 
[84 STAT. 
above lieutenant connnander shall be equivalent to that prescribed for 
male officers of the same grades. Officers of the Women's Reserve beino-
considered for promotion to the grades of lieutenant commander or 
below shall be considered and selected in their order of i)recedence up 
to the number designated to be selected.*" 
dence!^ ^"^ '"^''^' 
(7) Sectiou 781 IS amended to read as follows : 
72 Stat. 1551. 
"Officers of the Reserve shall have rank and take precedence in their 
1
4 use 781. 
respective grades among themselves and v,dth officers of the same grade 
on the active duty promotion list and the permanent commissioned 
teaching staff in accordance with the dates of rank as stated in their 
commissions. When Reserve officers and officers on the active duty pro-
^ 
' 
motion list or the permanent commissioned teaching stall' have the 
same date of rank m a grade, such officers shall take precedence as 
determined by the Secretary. 
Transfers. 
"Notwithstanding any other provision of law, Reserve officers shall 
not lose precedence when transferred from the Reserve promotion list 
to the active duty promotion list or vice versa iior shall their dates of 
rank be changed due to such transfers. 
"Reserve officers, when on the active duty promotion list, shall be 
promoted in the same manner as are other officers on the active duty 
promotion list regardless of the length of their active duty service." 
Running mates. 
(g) Section 782 Is amended— 
(A) by amending subsection (a) to read as follows: 
" (a) Each officer of the Reserve in an active status not on the active 
duty promotion list shall be assigned a running mate who sJiall be the 
officer of the same grade on the active duty promotion list who is next 
senior to him in precedence as determined in the manner prescribed in 
^"P^^- 
section 781 of this title. Officers who are extra numbers, who have twice 
failed of selection, or who have not been recommended for continuation 
77 Stat. 186. 
uudcr sectlou 289 of this title shall not be assigned as running mates 
under this section."; 
(B) by amending clause (1) of subsection (b) to read as 
follows: 
"(1) If a running mate is promoted from below the promotion 
zone, is removed from the active duty promotion list, suffers loss 
of numbers, or fails to qualify for promotion, the new running 
mate shall be the officer of the same grade on the active duty 
promotion list who was next senior to the old running mate or if 
there be no such officer then the most senior officer in that grade 
on the active duty promotion list. If the old running mate was 
on a list of selectees for promotion, the new running mate shall 
be on a list of selectees."; 
(C) by amending clause (2) of subsection (b) by striking the 
words "of the r e ^ l a r Coast Guard, exclusive of extra numbers," 
and inserting in lieu thereof the words "on the active duty promo-
tion list."; 
,, ,„ V 
(D) by amending clause (3) of subsection (b) to read as 
follows: 
" (3) If an officer of the Reserve is considered for promotion at 
approximately the same time as his running mate and fails of 
selection, fails to qualify for promotion after selection, or declines 
an appointment after having been selected for promotion and his 
running mate is promoted, the new running mate shall be the 
next senior officer remaining in the same grade on the active duty 
promotion list whose name is not on a list of selectees and who is 
eligible for consideration for promotion."; 
(E) by amending clause (4) of subsection (b) to read as follows: 
" (4) If an officer of the Reserve was not considered for promo-
tion at approximately the same time as his running mate, and the 
84 STAT.] 
PUBLIC LAW 91-402-SEPT. 18, 1970 
841 
72 Stat. 1551. 
14 u s e 782. 
Keserve officer subsequently is considered and fails of selection 
or fails to qualify for promotion, such failure shall l)e deemed to 
have occurred at the same time as his running? mate was con-
sidered. His new running mate shall be the next senior officer 
remaining in the same grade on the active duty promotion list 
whose name was not on a list of selectees at the time the original 
running mate was selected.'*; 
(F) by adding a clause (5) to subsection (b) to read as follows: 
'"(5) In any situation not expressly covered by this subsection 
or where the assignment of a running mate would result in an 
inequitable change in precedence, the Secretary may assign an 
appropriate running mate to effect the intent of this section that no 
unjust benefit or detriment will result to any officer from the oper-
ation of this section.'"; 
(G) by adding a clause (6) to subsection (b) to read as follows: 
"(6) A Reserve officer on the active duty promotion list shall 
become the running mate of all the inactive duty Reserve officers 
who are junior to him and had a running mate in common with 
him at the time of his being placed on the active duty promotion 
list.''; and 
(H) by adding a subsection (c) to read as follows: 
'' (c) The Secretary is authorized to adjust, as necessary, the dates of 
rank of Reserve officers not on active duty so that the dates will corre-
spond with those of the running mates assigned to them in accordance 
with the provisions of this section. However, the dates of rank of those 
Reserve officers whose names are on a list of selectees for promotion to 
the next higher grade at the time of enactment of this subsection, shall 
not be adjusted until such time as the officers have been promoted. If 
overpayments of pay and allowances will have resulted from the 
adjustment of dates of rank, such overpayments shall not be subject to 
recoupment." 
(9) Section 784 is amended by designating the existing section as 
subsection (a) and by adding a new subsection (b) as follows: 
"(b) Notwithstanding any other provision of law, a Reserve rear 
admiral shall become entitled to the pay and allowances of the upper 
half for duty performed from the date his running mate becomes so 
entitled." 
(10) Section 787 is amended— 
!"^^!"^^ °1 
(A) by striking out the first sentence in subsection (a) and in- tary's discretion. 
sertin^ in lieu thereof the sentence "Officers of the Women's Re-
serve m the grades of lieutenant (junior grade) and lieutenant 
failing of selection for promotion to the next higher grade, and all 
other Reserve officers after failing of selection for promotion to 
the next higher grade for a second time, may be retained in or 
eliminated from an active status in the discretion of the 
Secretary."; 
(B) by striking out the word "Other" in the second sentence 
and inserting in lieu thereof the word "Those"; 
(C) by striking out the words between "officers" and "shall" in 
the second sentence and inserting in lieu thereof the words "who 
r.; ,
H ? 
are not retained in an active status"; and 
(D) by striking the column heading "Total commissioned serv-
ice years" and inserting in lieu thereof the heading "Total years 
of commissioned service". 
(11) Section 790 is amended— 
(A) by deleting the words "or her" after the word "his"; 
(B) by deleting the words "in the Regular Coast (xuard" after 
the word "mate": 
Dates of rank, 
adjustment. 
Overpayments, 
72 Stat 1552. 
Promotion, tem-
porary or per-
manent. 
842 
PUBLIC LAW 91-402-SEPT. 18, 1970 
[84 STAT. 
(C) by deleting- the word "Regular" before tlie words "niiuiing 
mate" in the two places they appear; and 
(D) by deleting the words "in the Eegular service" after the 
word "mate" in subsection (a). 
ac?/v?dutyrpro. 
(^2) Section 791 is amended to read as follows: 
motions. ' 
"(a) While serving on active duty other than active duty for train-
14 usc'rgf"*' 
i^.g'.or other than for duty on a board, a Reserve officer shall not be 
eligible for consideration for promotion or for promotion under the 
provisions of this subchapter. Such an officer shall be considered for 
promotion and promoted pursuant to appropriate provisions contained 
elsewhere in this title. If so promoted, such an officer shall be con-
sidered as having been promoted under this subchapter and shall be 
considered as an extra number in the grade to which promoted for 
the purpose of grade distribution prescribed in this subchapter and 
shall not be counted in such distribution until he is released from 
active duty. 
"(b) Notwithstanding provisions of subsection (a) of this section a 
Reserve officer who, at the time he reports for active duty has been 
recommended for promotion to the next higher grade under the pro-
visions of this subchapter, shall be promoted to such grade subject to 
the same conditions as though selected under provisions of law^ appli-
cable to a Reserve officer serving on active duty. 
"(c) A Reserve officer who, at the time he is released from active 
duty, has been recommended for promotion to the next higher grade 
under provisions of law applicable to a Reserve officer serving on 
active duty, shall be promoted to such grade subject to the same condi-
tions as though selected under provisions of this subchapter. 
"(d) A failure of selection for promotion to the next higher grade 
shall be counted for all purposes regardless of whether it occurred 
under the provisions of this subchapter or under other provisions of 
law." 
(13) The following new sections are added: 
"§ 796. Failure of selection for promotion 
"(a) A Reserve officer, other than an officer serving in the ^rade of 
captain, who is, or is senior to, the junior officer in the promotion zone 
established for his grade, fails of selection if he is not selected for pro-
motion by the selection board which considered him, or if having been 
recommended for promotion by the board, his name is thereafter 
removed from the report of the board by the President. 
"(b) An officer shall not be considered to have failed of selection if 
he was not considered by a selection board because of administrative 
error. If he is selected by the next succeeding selection board after the 
error is discovered and is promoted, he shall be given the date of rank 
and precedence that he would have held if he had been recommended 
for promotion by the selection board which would have considered 
him but for the error. 
"(c) Those officers of the Women's Reserve in the grades of lieu-
tenant and lieutenant (junior grade) who are junior to the last officer 
selected by a board pursuant to subsection (i) of section 780 of this 
Ante. p. 83 9. 
^^^.j^ shall uot be considered to have failed of selection, and the names 
of such officers shall be submitted to the next ensuing selection board. 
"§ 797. Promotion; acceptance; oath of office 
" (a) An officer who has been appointed under the provisions of this 
subchapter is considered to have accepted such appointment unless 
delivery of the appointment cannot be effected. 
"(b) An officer who has served continuously since he subscribed to 
the oath of office prescribed in section 3331 of title .5, T'nited States 
84 STAT.] 
PUBLIC LAW 91-403-SEPT. 18, 1970 
843 
Code, is not required to take a new oath upon his a])i)oint]ne]it in a 
higher grade. 
"§ 798. Rear admiral; maximum service in grade 
"A Reserve rear admiral, unless retained in or removed from an 
active status under other provisions of huv, shall be removed from an 
active status on the date he completes tive years of service in the per-
manent grade of rear admiral." 
SEC. 2. (a) Reserve officers in each grade who have been recom-
mended as qualified for promotion under laws and regulations in effect 
the day before the effective date of this Act but not promoted to the 
grade for which they were recommended shall be placed on a list in 
the order of their precedence, and they shall be promoted as if they 
had been selected for promotion in the approved report of a selection 
board convened under the provisions of title 14, United States Code, as 
amended by this Act. 
(b) Reserve officers who have failed of selection for promotion to 
the next higher grade under laws and regulations in effect the day 
before the effective date of this Act shall be deemed to have failed of 
selection for promotion to the next higher grade under the provisions 
of title 14, United States Code, as amended by this Act. 
(c) The enactment of this Act does not terminate the appointment 
of any officer. 
Approved September 18, 1970. 
80 Stat. 424. 
63 Stat. 496. 
Public Law 91-403 
A N A C T 
September 18, 1970 
To ieiinlnirf>e the Ute Tribe of the Uintah and Ouray Keservation for tribal 
[H. R. 16416] 
funds that were used to construct, operate, and maintain the Uintalt Indian 
irrigation project, Utah, and for other purposes. 
Be it iruicted hy the Senate and House of Reprcifcntative.s of thv 
r hi 
ted. Stat en of Aw erica in Congress assembled. That the Secretary of 
the Interior is authorized to reimburse the Ute Indian Tribe of the 
I'intah and Ouray Reservation in Utah for tribal funds that have been 
used for the construction, operation, and maintenance of the Uintah 
Iiulian irrigation project, Utah, computed and adjusted as follows: 
(a) With resi)ect to construction charges, the tribal funds originally 
involved amounted to $920,112.74. From that sum there shall be 
deducted the amount of $275,864.25, which represents a reimbursement 
of tribal construction funds under a judgment of the United States 
Court of Claims for the portion of the construction costs chargeable 
against non-Indian lands. From the balance so calculated, there shall be 
deducted an amount equal to the construction charges against irrigable 
land (determined according to the appro\ed designation of 19(54) 
which were collected from the proceeds of sales of land and deposited 
in the tribal accounts. From the balance so calculated there shall be 
deducted $1,250, which rei)resents the tribal funds used to purchase 
the following described lands, title to which was taken in the name of 
the United States and which hereafter shall be held by the United 
Stat<>,s in trust for the tribe: 
west half southwest quarter southeast (juarter southeast quarter 
section 18, township 1 south, range 1 east, containing 5 acres; 
south half southeast quarter northeast quarter northeast quar-
ter sectifm .36, township 1 south, range 4 west, containing 5 acres; 
northeast quarter northeast quarter southwest quarter section 
82, township 1 north, range 1 west, containing 10 acres; and 
Uintah Indian 
irrigation project, 
Utah. 
Construction 
costs, reimburse-
ment.