An Act to amend the National Foundation on the Arts and the Humanities Act of 1965 to provide for a permanent authorization for programs under such act
PL 91-346 (S.3215), enacted 07/20/1970

84 STAT. ] 
PUBLIC LAW 91-346-JULY 20, 1970 
443 
Public Law 91-346 
AN ,ACT 
July 20, 197CI 
To amend the National Foundation on the Arts and the Humanities Act of 1965, 
[^' 3215] 
and for other purposes. 
Be it enacted hy the. Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That this Act may FX^drtron°on\he 
be cited as "The National Foundation on the Arts and the Humanities Arts and the 
Amendments of 1970". 
Humanities 
Amendments of 
1970. 
AMENDMENT WITH RESPECT TO THE DECLARATION OF PURPOSE 
20 use 952. 
SEC. 2. Clause (2) of section 2 of the National Foundation on the 
Arts and Humanities Act of 1965 is amended by inserting before the 
^9 stan 845. 
semicolon at the end thereof the following: "in order to achieve a 
better understanding of the past, a better analysis of the present, and 
a better view of the future". 
ADDITION TO DEFINITION OF HUMANITIES 
SEC. 3. Subsection (a) of section 3 of the National Foundation on 
the Arts and Humanities Act of 1965 is amended by inserting "com- 
82 stat. is?. 
parative religion; ethics;" after "archeology;", and by inserting before 
the period at the end thereof the following: "with particular attention 
to the relevance of the humanities to the current conditions of national 
life". 
ASSISTANCE RELATING TO THE DISTRIBUTION OF WORKS OF ART AND WORK 
IN RESIDENCE BY ARTISTS 
SEC. 4. Clause (3) of subsection (c) of section 5 of the National 
Foundation on the Arts and the Humanities Act of 1965 is amended 
^° "^^ ^^''• 
by inserting after "enable them" the following: "to achieve wider 
distribution of their works, to work in residence at an educational or 
cultural institution, or". 
CONSOLIDATION OF LAWS RELATING TO THE NATIONAL COUNCIL ON 
THE ARTS 
SEC. 5. (a) (1) Subsection (b) of section 5 of the National Founda-
tion on the Arts and the Humanities Act of 1965 is amended to read 
as follows: 
"(b)(1) The Endowment shall be headed by a chairman, to be 
chairman, 
known as the Chairman of the National Endowment for the Arts, who ^PP°'" '"^^ • 
shall be appointed by the President, by and with the advice and con-
sent of the Senate. 
"(2) The term of office of the Chairman shall be four years and 
the Chairman shall be eligible for reappointment. The provisions of 
this subsection shall apply to any person appointed to fill a vacancy in 
the office of Chairman. Upon expiration of his term of office the 
Chairman shall serve until his successor shall have been appointed 
and shall have qualified." 
(2) Such section 5 is further amended by striking out subsection 
(d) and by redesignating subsections (e), (f), (g), (h), (i), (j), (k), 
and (1), and all references thereto, as subsections (d), (e), (f), (g), 
(h), (i), (j), and (k), respectively. 
(3) Clause (2) of subsection (a) of section 10 of such Act is amended 
82 stau ^ise. 
by striking out all that follows "sections 5 (c) and 7(c)" and inserting 
" """ """ 
in lieu thereof a semicolon. 
20 u s e 959. 
444 
PUBLIC LAW 91-346-JULY 20, 1970 
^4 STAT. 
20 use 9
6
^
0
^
' 
(•^^ Section 11(a) of such Act is amended by striking out "and the 
functions transferred by section 6(a) of this Act,''. 
20 use 955^' 
^^^ Section 6 of such Act is amended to read as follows: 
"NATIONAL CX)UNCIL ON THE ARTS 
"SEC. 6. (a) There shall be, within the National Endowment for the 
Arts, a National Council on the Arts (hereinafter in this section re-
ferred to as the 'Council'). 
" (b) The Council shall be composed of the Chairman of the National 
Endowment for the Arts, who shall be Chairman of the (^ouncil, and 
twenty-six other members appointed by the President who shall be 
selected— 
" (1) from among private citizens of the ITnited States who are 
widely recognized for their broad knowledge of, or expertise in, 
or for their profound interest in, the arts; 
"(2) so as to include practicing artists, civic cultural leaders, 
members of the museum profession, and others who are profes-
sionally engaged in the arts; and 
"(3) so as collectively to provide an appropriate distribution 
of membership among the major art fields. 
The President is requested, in the making of such appointments, to 
give consideration to such recommendations as may, from time to 
time, be submitted to him by leading national organizations in these 
fields. 
"(c) Each member shall hold office for a term of six years, and the 
terms of office shall be staggered. No member shall be eligible for 
reappointment during the two-^ear period following the expiration 
of his term. Any member appointed to fill a vacancy shall serve for 
the remainder of the term for which his predecessor was appointed. 
"(d) The Council shall meet at the call of the Chairman but not less 
often than twice during each calendar year. Fourteen members of the 
Council shall constitute a quorum. 
"(e) Members shall receive compensation at a rate to be fixed by the 
Chairman but not to exceed the per diem equivalent of the rate author-
ized for grade GS-18 by section 5332 of title 5 of the United States 
Ante, p. 198-1. 
Code and be allowed travel expenses including per diem in lieu of 
80 Stat. 499; 
subsisteuce, as authorized by law (5 U.S.C. 5703) for persons in the 
83 tat. 190. 
Oovernment service employed intermittently. 
"(f) The Council shall (1) advise the Chairman with respect to 
])olicies, programs, and procedures for carrying out his functions, 
duties, or responsibilities under this Act, and (2) review applications 
for financial assistance under this Act and make recommendations 
thereon to the Chairman. The Chairman shall not approve or disap-
l)rove any such application until he has received the recommendation 
of the Council on such application, unless the Council fails to make a 
recommendation thereon within a reasonable time. In the case of an 
application involving $10,000, or less, the Chairman may approve or 
disapprove such request if such action is taken pursuant to the terms 
of a delegation of authority from the Council to the Chairman, and 
provided that each such action by the Chairman shall be reviewed by 
the Council." 
79 Stat. 851. 
(c) Subscction (e) of section 8 of such Act is amended to read as 
20 use 957. 
follows: 
"(e) Members shall receive compensation at a rate to be fixed by 
the Chairman but not to exceed the per diem equivalent of the rate 
authorized for grade GS-18 by section 5332 of title 5 of the United 
Ante, 
p. 444. 
Effective dates. 
Ante, 
p. 443. 
84 STAT. ] 
PUBLIC LAW 91-346-JULY 20, 1970 
445 
States Code and be allowed travel expenses including per diem in 
^"'^' P- ^^^•^• 
lieu of subsistence, as authorized by law (5 U.S.C. 5703) for persons ga^stau'iso^^' 
in the Government service employed intermittently." 
(d) (1) The National Council on the Arts established under section 6 
of the National Foundation on the Arts and the Humanities Act of 
1965, as amended by subsection (b), shall, for any purpose determined 
to be necessary by the C'hairman of the National Endowment for the 
Arts, be deemed to be a continuation of the National Council on the 
Arts established under the National Arts and Cultural Development 
Act of 1964, Public Law 88-579, without interruption. 
^s stau 905. 
(2) Members appointed to the National Council on the Arts pursu- note. 
ant to section 5 of the National Arts and Cultural Development Act of 
1964 shall be deemed to have been appointed as members of the National 
20 use 734. 
Council on the Arts established under section 6 of the National 
Foundation on the Arts and the Plumanities Act of 1965, with such 
terms of office as may be remaining under the prior appointment on 
the effective date of the amendments made by subsection (b). 
(3) (A) The amendments made by subsections (a) and (b) shall be 
effective after June 30,1970. 
(B) Effective July 1,1970, the National Arts and Cultural Develop- 
^''''^'^ 
ment Act of 1964, Public Law 88-579, is repealed. 
TECHNICAL AMENDMENT RELATING TO T H E DISTRICT OF COLUMBIA 
SEC. 6. Clause (A) of paragraph (2) of subsection (g) of section 5 
of the National Foundation on the Arts and the Humanities Act of 
1965 is amended by inserting after "Recreation Board" a comma and 
the following: "or any successor desi^ated for the purpose of this 
Act by the Commissioner of the District of Columbia,". 
ALLOTMENTS OF FUNDS TO STATES 
SEC. 7. Paragraph (3) of subsection (g) of section 5 of the National 
Foundation on the Arts and the Humanities Act of 1965 is amended 
to read as follows: 
"(3) From the sums appropriated to carry out the purposes of this 
subsection for any fiscal year, not less than $65,000 shall be allotted to 
each State. That part of such sums as may remain after such allotment 
shall be allotted among the States in equal amounts, except that for 
the purposes of this sentence the term 'State' shall not include Guam 
"state." 
and American Samoa. If the sums appropriated for any fiscal year 
to carry out the purposes of this subsection are insufficient to satisfy 
allotments under the first sentence of this paragraph, such sums shall 
be allotted among the States in equal amounts.". 
AMENDMENTS W I T H RESPECT TO T H E NATIONAL ENDOWMENT FOR 
T H E 
H U M A N I T I E S 
SEC 8. (a) Clause (2) of subsection (b) of section 7 of the National 
Foundation on the Arts and the Humanities Act of 1965 is amended by 
^^ ^g^- ^^°-
adding at the end thereof the following: "Upon expiration of his term 
of office the Chairman shall serve until his successor shall have been 
appointed and shall have qualified." 
(b) Clause (2) of subsection (c) of such section is amended to read 
as follows: 
"(2) initiate and support research and programs to strengthen 
the research and teaching potential of the United States in the 
446 
PUBLIC LAW 91-346-JULY 20, 1970 
[84 STAT. 
79 Stat. 850. 
20 u s e 956. 
humanities by making arrangements (including contracts, grants, 
loans, and other forms of assistance) with individuals or groups 
to support such activities." 
(c) Clause (5) of subsection (c) of such section is amended by insert-
ing after "groui)s," the following: "education in, and''. 
20 u s e 958. 
INCLUSION OF T H E ARCHIVIST OF T H E UNITED STATES AS A MEMBER OF T H E 
FEDERAL COUNCIL ON T H E ARTS AND THE 
HUMANITIES 
SEC. 9. Subsection (b) of section 9 of the National Foundation on 
the Arts and the Humanities Act of 1965 is amended by inserting after 
"the (^hairman of the (Commission of Fine Arts" a comma and the 
following: "the Archivist of the United States". 
82 Stat. 186, 
20 u s e 959. 
METHOD OF MAKING 
PAYMENTS 
SEC. 10. The first sentence of subsection (a) of section 10 of the 
National Foundation on the Arts and the Humanities Act of 1965 is 
amended by redesignating clauses (6) and (7), and all references 
thereto, as clauses (7) and (8) and by inserting after clause (5) the 
following new clause: 
"(6) to make advance, progress, and other payments without 
regard to the provisions of section 3648 of the Revised Statutes 
(81U.S.C.529)." 
TECHNICAL 
AMENDMENT 
SEC. 11. Subsection (a) of section 10 of the National Foundation 
on the Arts and Humanities Act of 1965 is amended— 
(1) in clause (3) by inserting "to" before "appoint"; 
(2) in clause (4) by inserting "to" before "utilize"; 
(3) in clause (5) by inserting "to" before "accept"; 
(4) in clause (7) by inserting "to" before "rent"; 
(5) in clause (8) by inserting "to" before "make". 
20 u s e 960. 
AUTHORIZATIONS OF APPROPRIATIONS 
SEC. 12. (a) Subsection (a) of section 11 of the National Founda-
tion on the Arts and the Humanities Act of 1965 is amended by— 
(1) striking out "and $6,500,000 for the fiscal year ending 
June 30,1970" in the first sentence of such section and inserting in 
lieu thereof the following: "$6,500,000 for the fiscal year ending 
June 30, 1970, $12,875,000 for the fiscal year ending June 30, 
1971, $21,000,000 for the fiscal year ending June 30, 1972, and 
$28,625,000 for the fiscal year ending June 3U, 1973"; 
(2) striking out "and $9,000,000 for the fiscal year ending 
June 30, 1970 in the first sentence of such section and inserting 
in lieu thereof the following: "$9,000,000 for the fiscal year ending 
June 30, 1970, $17,000,000 for the fiscal year ending June 30, 
1971, $26,^)00,000 for the fiscal year ending June 30, 1972, and 
$35,500,000 for the fiscal year ending June 30, 1973"; and 
(3) striking out "and $2,500,000 for the fiscal year ending 
June 30,1970" in the second ^ntence of such section and inserting 
in lieu thereof the following: "$2,500,000 for the fiscal year ending 
June 30, 1970, $4,125,000 for the fiscal year ending June 30, 1971, 
$5,500,000 for the fiscal year ending June 30, 1972, and $6,875,000 
for the fiscal year ending June 30,1973". 
84 STAT. ] 
PUBLIC LAW 91-347-JULY 22, 1970 
447 
(b) The first sentence of subsection (b) of section 11 of such Act is 
82 stat. is?. 
amended by inserting immediately before the period at the end thereof 
^° "^^ ^^°" 
a comma and the following: "and the amount so appropriated for the 
fiscal year ending June 30, 1971, shall not exceed $6,000,000, the 
amount so appropriated for the fiscal year ending June 30, 1972, shall 
not exceed $7,000,000, and the amount so appropriated for the fiscal 
year ending June 30,1973, shall not exceed $9,0;)0,000". 
Approved July 20, 1970. 
Public Law 91-347 
AN ACT 
July 22, 1970 
To provide for the convej^ance of certain real property of the Federal Govern- 
[H. R. 7618] 
ment to the Board of Public Instruction, Okaloosa County, Florida. 
Florida. 
Okaloosa 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of America in Congress assembled^ That, subject to 
section 3 of this Act, the Secretary of the Air Force shall donate, grant, co^my^Board o
f 
and convey to the Board of Public Instruction for the County of fj"^"" ^^^truc-
Okaloosa, Florida, all right, title, and interest of the United States 
°Land convey-
in and to the real property described in section 2 of this Act for use ^nce. 
as permanent sites for Okaloosa County public schools. 
SEC. 2. The real property referred to in the first section of this 
Act is more particularly described as follows: 
The west 15 acres, of that part lying north of Bayou Poquito sub-
division, of Government lot 2, section 31, township 1 south, range 24 
west; also 
The north half of lot 14, and the north half of lot 13 east of liigh-
w^ay, and the south 842 feet of lot 11 east of highway; also 
Beginning at the southwest corner of section 18— 
thence east a distance of 130 feet to a point of beginning; 
thence east along the said section line a distance of 1,840 feet 
to a monument; 
thence north a distance of 700 feet to a point on the south line 
of Tennessee Avenue; 
thence west along the south boundary of Tennessee Avenue a 
distance of 919 feet; 
thence northwesterly along a line 275 feet to a point on the 
north boundary of Tennessee Avenue; 
thence north along the west boundary of Fern Dell Avenue a 
distance of 700 feet to a point on the south line of Georgia 
Avenue a distance of 785 feet; 
thence south a distance of 1,450 feet to the point of beginning 
containing 40 acres, more or less; also 
Beginning at the northeast corner of the southeast quarter section 
26, township 1 south, range 24 west, proceed north 88 degrees 40 min-
utes west 1,150 feet to a concrete monument; 
thence south 0 degrees 58 minutes west 1,817.10 feet to a con-
crete monument on the north rig'ht-of-way line of State Road 
Numbered S-85-A; 
thence north 64 degrees 50 minutes east along said right-of-
way line 1,280.90 feet to a concrete monument; 
thence north 0 decrees 58 minutes east 1,245.45 feet to the point 
of beginning, containing 40 acres, more or less. 
SEC. 3. The conveyance provided for b^ the first section of this 
conditions. 
Act shall be subject to the following conditions: