An Act to encourage the development of novel varieties of sexually reproduced plants and to make them available to the public, providing protection available to those who breed, develop, or discover them, and thereby promoting progress in agriculture in t
PL 91-577 (S.3070), enacted 12/24/1970

1542 
PUBLIC LAW 91-577-DEC. 24, 1970 
[84 STAT. 
Public Law 91-577 
December 24,1970 
A N A C T 
[S.3070] 
TQ encourage the development of novel varieties of sexually reproduced plants 
and to make them available to the public, providing protection available to 
those who breed, develop, or discover them, and thereby promoting progress in 
agriculture in the public interest. 
Plant Variety 
Protection Act. 
Be it enacted hy the Senate a/nd House of Rejwesentatives 
of the 
United States of America in Congress assembled^ 
INDEX 
Section 
TITLE I—Plant Variety Protection Office 
1 
TITLE II—Protectability of Plant Varieties and Certificates-of Protection, 
41 
TITLE III—Plant Variety Protection and Rights 
101 
TITLE I—PLANT VARIETY PROTECTION OFFICE 
Chapter 
Section 
1. Organization and Publications 
1 
2. Legal Provisions as to the Plant Variety Protection Office 
21 
3. Plant Variety Protection Fees 
31 
Chapter 1.—ORGANIZATION AND PUBLICATIONS 
Section 1. Establishment. 
There is hereby established in the Department of Agriculture a 
bureau to be knovv^n as the Plant Variety Protection Office, which shall 
have the functions set forth in this Act. 
Sec. 2. SeaL 
The Plant Variety Protection Office shall have a seal with which 
documents and certificates evidencing plant variety protection shall be 
authenticated. 
Sec. 3. Organization. 
The organization of the Plant Variety Protection Office shall, except 
as provided herein, be determined by the Secretary of Agriculture 
(hereinafter called the Secretary]. The office shall devote itself sub-
stantially exclusively to the administration of this Act. 
Sec. 4. Restrictions on Employees as to Interest in Plant Variety 
Protection. 
Employees of the Plant Variety Protection Office shall be ineligible 
during the periods of their employment, to apply for plant variety 
protection and to acquire directly or indirectly, except by inheritance 
or bequest, any right or interest m any matters before that office. This 
section Shall not apply to members of the Plant Variety Protection 
Board who are not otherwise employees of the Plant Variety Protec-
tion Office. 
Sec. 5. Bond of Employees. 
Such employees as the Secretary designates, before entering upon 
their duties, ^ a l l severally give bond, with sureties, in sums pre-
scribed by the Secretary, conditioned for the faithful discharge of 
their respective duties and that they shall render to the proper officers 
of the Treasury a true account of all money received by virtue of their 
offices. 
Sec. 6. Regulations. 
The Secretary may establish regulations, not inconsistent with law, 
for the conduct of proceedings in the Plant Variety Protection Office 
after consultations with the Plant Variety Protection Board. 
84 STAT. ] 
PUBLIC LAW 91-577-DEC. 24, 1970 
1543 
Sec. 7. Plant Variety Protection Board. 
(a) APPOINTMENT.—The Secretary shall appoint a Plant Variety 
Protection Board. The Board shall consist of individuals who are 
experts in various areas of varietal development covered by this Act. 
Membership of the Board shall include farmer representation and 
shall be drawn approximately equally from the private or seed indus-
try sector and from the sector of government or the public. The Secre-
tary or his designee shall act as chairman of the Board without voting 
rights except in the case of ties. 
(b) FUNCTIONS OF BOARD.—The functions of the Plant Variety Pro-
tection Board shall include: 
(1) Advising the Secretary concerning the adoption of Eules 
and Regulations to facilitate the proper administration of this 
Act; 
(2) Making advisory decisions on all appeals from the 
examiner. The Board shall determine whether to act as a full 
Board or by panels it selects; and whether to review advisory 
decisions made by a panel. For service on such appeals, the Board 
may select, as temporary members, experts in the area to which 
the particular appeal relates; and 
(3) Advising the Secretary on all questions under section 44. 
(c) COMPENSATION or BOARD.—^The members of the Plant Variety 
Protection Board shall serve without compensation except for stand-
ard government reimbursable expenses. 
Sec. 8. Library. 
The Secretary shall maintain a library of scientific and other works 
and periodicals, both foreign and domestic, in the Plant Variety Pro-
tection Office to aid the officers in the discharge of their duties. 
Sec. 9. Register of Protected Plant Varieties. 
The Secretary shall maintain a register of published specifications 
of L^nited States protected plant varieties and a file of such other 
scientific and technical information as may be necessary or practicable. 
Sec. 10. Publications. 
(a) The Secretary may publish, or cause to be published, in such 
format as he shall determine to be suitable, the following: 
(1) The specifications for plant variety protection including 
drawings and photographs. 
(2) The Official Journal of the Plant Variety Protection Office, 
including annual indices. 
(3) Pamphlet copies of the plant variety protection laws and 
rules of practice and circulars or other publications relating to the 
business of the Office. 
(b) The Plant Variety Protection Office may print the heading of 
the drawings or photographs for protected plant varieties for the 
purpose of photolithography and may provide suitable copy for any 
lithoghaphy to appear on the same page. 
(c) The Secretary may (1^ establish public facilities for the search-
ing of plant variety protection records and materials, and (2) from 
time to time, as through an information service, disseminate to the 
public those portions of the technological and other public information 
available to or within the Plant Variety Protection Office to encourage 
innovation and promote the progress of the useful arts. 
(d) The Secretary may exchange any of the publications specified 
for publications desirable for the use of the Plant Variety Protection 
Office. The Secretary may exchange copies of specifications, drawings, 
and photographs of United States protected plant varieties for copies 
1544 
PUBLIC LAW 91-577-DEC. 24, 1970 
[84 STAT. 
of specifications, drawings, and photographs of applications and pro-
tected plant varieties of foreign countries. 
Sec. 11. Copies far Public Libraries. 
The Secretary may supply printed copies of specifications, drawings, 
and photographs of protected plant varieties to public libraries in the 
United States which shall maintain such copies for the use of the 
public. 
Chapter 2.—LEGAL PROVISIONS AS TO THE PLANT 
VARIETY PROTECTION OFFICE 
Sec. 21. Day for Taking Action Falling on Saturday, Sunday, or 
Holiday. 
When the day, or the last day, for taking any action or paying any 
fee in the United States Plant variety Protection Office falls on Satur-
day, Sunday, a holiday within the District of Columbia, or on any 
other day the Plant Variety Protection Office is closed for the receipt 
of papers, the action may be taken or the fee paid, on the next succeed-
ing business day. 
Sec. 22. Form of Papers Filed. 
The Secretary may by regulations prescribe the form of papers to be 
filed in the Plant Variety Protection Office. 
Sec. 23. Testimony in Plant Variety Protection Office Cases. 
The Secretary may establish regulations for taking affidavits, depo-
sitions, and other evidence required in cases before the Plant Variety 
Protection Office. Any officer authorized by law to take depo-
sitions to be used in the courts of the United States, or of the State 
where he resides, may take such affidavits and depositions, and swear 
the witnesses. If any person acts as a hearing officer by authority of the 
Secretary, he shall have like power. 
Sec. 24. Subpoenas, Witnesses. 
(a) The clerk of any United States court for the district wherein 
testimony is to be taken in accordance with regulations established by 
the Secretary for use in any contested case in the Plant Variety Pro-
tection Office shall, upon tne application of any party thereof, issue 
a subpoena for any witness residing or being withih such district or 
within one hundred miles of the stated place in such district, command-
ing him to appear and testify before an officer in such district author-
ized to take depositions and affidavits, at the time and place stated 
in the subpoena. The provisions of the Federal Rules of Civil Pro-
as use app. 
cedure relating to the attendance of witnesses and the f)roduction of 
documents and things shall apply to contested cases in the Plant 
Variety Protection Office insofar as consistent with such regulations. 
(b) Every witness subpoenaed or testifying shall be allowed the 
fees and traveling expenses allowed to witnesses attending the United 
States district courts. 
(c) A judge of a court whose clerk issued a subpoena may enforce 
obedience to the process or punish disobedience as in other like cases, 
on proof that a witness, served with such subpoena, neglected or 
refused to appear or to testify. No witness shall be deemed guilty of 
contempt for disobeying such subpoena unless his fees and traveling 
expenses in going to, and returning from, one day's attendance at the 
place of examination^ are paid or tendered him at the time of the serv-
ice of the subpoena; nor for refusing to disclose any secret matter 
except upon appropriate order of the court which issued the subpoena 
or of the Secretary. 
84 STAT. ] 
PUBLIC LAW 91-577-DEC. 24, 1970 
1545 
Sec. 25. Effect of Defective Execution. 
Any document to be filed in the Plant Variety Protection Office and 
which is required by any law or regulation to be executed in a specified 
manner may be provisionally accepted by the Secretary despite a 
defective execution, provided a properly executed document is sub-
mitted within such time as may be prescribed. 
Sec. 26. Regulations for Practice Before the Office. 
The Secretary shall prescribe regulations governing the admission 
to practice and conduct of persons representing applicants or other 
parties before the Plant Variety Protection Office, The Secretary may, 
after notice and opportunity for a hearing, suspend or exclude, either 
generally or in any particular case, from further practice before the 
Office of Plant Variety Protection any person shown to be incompetent 
or disreputable or guilty of gross misconduct. 
Sec. 27. Unauthorized Practice. 
Anyone who in the United States engages in direct or indirect 
practice before the Office of Plant Variety Protection while suspended 
or excluded under section 26, or without being admitted to practice 
before the Office, shall be liable in a civil action for the return of all 
money received, and for compensation for damage done by such person 
and also may be enjoined from such practice. However, there shall be 
no liability for damage if such person establishes that the work was 
done competently and without negligence. This section does not apply 
to anyone who, without a claim of self-sufficiency, works under the 
supervision of another who stands admitted and is the responsible 
party; nor to anyone who establishes that he acted only on behalf of 
any employer by whom he was regularly employed. 
Chapter 3.—PLANT VARIETY PROTECTION FEES 
Sec. 31. Plant Variety Protection Fees; Appropriations. 
The Secretary shall, under such regulations as he may prescribe, 
charge and collect reasonable fees for services performed under this 
Act. The fees authorized shall be recovered to the Treasury of the 
United States of America, and expenses needed for the administration 
of this Act shall come through the Nation's regular budgetary, author-
ization, and appropriations process. The initial capital of the fund 
shall consist of appropriations, which are hereby authorized to be 
made. Until such time as the Secretary prescribes fees as provided 
by this section, a fee of $50 shall be charged for filing each application, 
subject to such adjustment as may be appropriate after fees are 
prescribed by the Secretary hereunder. 
Sec. 32. Payment of Plant Variety Protection Fees; Return of 
Excess Amounts. 
All fees shall be paid to the Secretary, and the Secretary may refund 
any sum paid by mistake or in excess of the fee required. 
TITLE II—PROTECT 
ABILITY OF PLANT VARIETIES AND 
CERTIFICATES OF PROTECTION 
Chapter 
Section 
4. Protection of Plant Varieties 
41 
5. Applications : Form, Who May File, Relating Back, Confidentiality 
51 
6. Examination : Response Time, Initial Appeals 
61 
7. Appeals to Courts and Other Review 
71 
8. Certificates of Plant Variety Protection 
81 
9. Reexamination After Issue, and Contested Proceedings 
91 
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PUBLIC LAW 91-577-DEC. 24, 1970 
[84 STAT. 
Chapter 4.—PROTECTABILITY OF PLANT VARIETIES 
Sec. 41. Definitions and Rules of Construction. 
The definitions and rules of construction set forth in this section 
apply for the purposes of this Act. 
(a) The term "novel variety" may be represented by, without limita-
tion, seed, transplants, and plants, and is satisfied if there is: 
(1) Distinctness in the sense that the variety clearly differs by 
one or more identifiable morphological, physiological or other 
characteristics (which may include those evidenced by processing 
or product characteristics, for example, milling and baking char-
acteristics in the case of wheat) as to which a differenec in gene-
alogy may contribute evidence, from all prior varieties of public 
knowledge at the date of determination within the provisions of 
section 42; and 
(2) Uniformity in the sense that any variations are describable, 
predictable and commercially acceptable; and 
(3) Stability in the sense that the variety, when sexually repro-
duced or reconstituted, will remain unchanged with regard to its 
essential and distinctive characteristics with a reasonable degree of 
reliability commensurate with that of varieties of the same cate-
gory in which the same breeding method is employed. 
(b) The terms "United States" and "this country" means the United 
States of America, its territories and possessions, and the Common-
wealth of Puerto Rico. 
(c) The term "kind" means one or more related species or sub-
species singly or collectively known by one common name, for example, 
soybean, flax, or radish. 
(d) The term "date of determination" means the date when there 
has been at least tentative determination that the variety has been 
sexually reproduced with recognized characteristics, whether or not 
the novelty of those characteristics has been determined. 
(e) The term "breeder" shall mean the person who— 
(1) directs the final breeding creating the novel variety, or 
(2) discovers the novel variety, and 
makes the tentative determination described in subsection (^d). Where 
such actions are conducted by an agent on behalf of his principal, the 
principal, rather than the agent, shall be considered the breeder. The 
terms "breed", "develop", "originate", and "discover", and derivatives 
thereof shall each include the other. 
(f) The term "sexually reproduced" shall include any production 
of a variety by seed. 
(g) The term "basic seed" means the seed planted to produce certi-
fied or commercial seed. 
(h) The term "testing" means testing or experimental use of a 
variety before any sale thereof. Sale for other than seed purposes of 
seed or other plant material produced as the result of testing shall not 
constitute a sale for the purpose of the preceding sentence or for the 
purpose of the following subsection. 
(i) The term "public variety" means a variety sold or used in this 
country, or existing in and publicly known in this country; but use 
for the purpose of testing, or sale or use as individual plants not known 
to be sexually reproducible, shall not make the variety a public variety. 
(j) A variety described in a publication as specified in section 42(a) 
(1) (B) is "effectively available to workers in this country" if a source 
from which it can be purchased is indicated in such publication or 
readily determinable or if such publication teaches how to produce 
84 STAT. J 
PUBLIC LAW 91-577-DEC. 24, 1970 
1547 
the variety from source-material effectively available to workers in 
this country. 
Sec. 42. Right to Plant Variety Protection; Plant Varieties Pro-
tectable. 
(a) The breeder of any novel variety of sexually reproduced plant 
(other than fungi, bacteria, or first generation hybrids) who has so 
reproduced the variety, or his successor in interest, shall be entitled 
to plant variety protection therefor, subject to the conditions and 
requirements of this title unless one of the following bars exists: 
(1) Before the date of determination thereof by the breeder, 
or more than one year before the effective filing date of the appli-
cation therefor, the variety was (A) a public variety in this 
country, or (B) effectively available to workers in this country 
and adequately described by a publication reasonably deemed 
a part of the public technical knowledge in this country which 
description must include a disclosure of the principal characteris-
tics by which the variety is distinguished. 
(2) An application for protection of the variety based on the 
same breeder's acts, was filed in a foreign country by the owner or 
his privies more than one year before the effective filing date of 
the application filed in the United States. 
(3) Another is entitled to an earlier date of determination for 
the same variety and such other (A) has a certificate of plant 
variety protection hereunder or (B) has been engaged in a con-
tinuing program of development and testing to commercialization, 
or (C) has within six months after such earlier date of determina-
tion adequately described the variety by a publication reasonably 
deemed a part of the public technical knowledge in this country 
which description must include a disclosure of the principal 
characteristics by which the variety is distinguished. 
(b) The Secretary may, by regulation, extend for a reasonable 
period of time the one year time period provided in subsection (a) for 
filing applications, and may in that event provide for at least com-
mensurate reduction of the term of protection. 
Sec. 43. Reciprocity Limits. 
Protection under the Act may, by regulation, be limited to nationals 
of the United States, except where this limitation would violate a 
treaty and except that nationals of a foreign state in which they are 
domiciled shall be entitled to so much of the protection here afforded 
as is afforded by said foreign state to nationals of the United States for 
tlie same genus and species. 
Sec. 44. Public Interest In Wide Usage. 
The Secretary may declare a protected variety open to use on a 
basis of equitable remuneration to the owner, not less than a reasonable 
roj^alty, when he determines that such declaration is necessary in order 
to insure an adequate supply of fiber, food, or feed in this country and 
that the owner is unwilling or unable to supply the public needs for 
the variety at a price which may reasonably be deemed fair. Sucli 
declaration may be, with or without limitation, with or without desig-
nation of what the remuneration is to be; and shall be subject to review 
as under section 71 or 72 (any finding that the price is not reasonable 
being reviewable), and shall remain in effect not more than two years. 
In the event litigation is required to collect such remuneration, a higher 
rate may be allowed by the court. 
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PUBLIC LAW 91-577-DEC. 24, 1970 
[84 STAT. 
Chapter 5—APPLICATIONS; FORM, WHO MAY FILE, 
RELATING BACK, CONFIDENTIALITY 
Sec. 51. Application for Recognition of Plant Variety Rights. 
(a) An application for a certificate of Plant Variety Protection 
may be filed by the owner of the variety sought to be protected. The 
application shall be made in writing to the Secretary, shall be signed 
by or on behalf of the applicant, and shall be accompanied by the 
prescribed fee. 
(b) An error as to the naming of the breeder, without deceptive 
intent, may be corrected at any time, in accordance with regulations 
established by the Secretary. 
Sec. 52. Content of Application. 
An application for a certificate recognizing plant variety rights 
shall contain: 
(1) The name of the variety except that a temporary designa-
tion will suffice until the certificate is to be issued. 
(2) A description of the variety setting forth its novelty and 
a description of the genealogy and breeding procedure, when 
known. The Secretary may require amplification, including the 
submission of adequate photographs or drawings or plant speci-
mens, if the description is not adequate or as complete as is reason-
ably possible, and submission of records or proof of ownership or 
of allegations made in the application. An applicant may add to 
or correct the description at any time, before the certificate is 
issued, upon a showing acceptable to the Secretary that the revised 
description is retroactively accurate. Courts shall protect others 
from any injustice which would result. The Secretary may accept 
records of the breeder and of any official seed certifying agency 
in this country as evidence of stability where applicable. 
(3) A declaration that a viable sample of basic seed necessary 
for propagation of the variety will be deposited and replenished 
periodically in a public repository in accordance with regulations 
to be established hereunder. This declaration may be added by 
amendment. 
(4) A statement of the basis of applicant's ownership. 
Sec. 53. Joint Breeders. 
(a) When two or more persons are the breeders, one (or his suc-
cessor) may apply, naming the others. 
(b) The Secretary, after such notice as he may prescribe, may 
issue a certificate of plant variety protection to the applicant and 
such of the other breeders (or their successors in interest) as may 
have subsequently joined in the application. 
Sec. 54. Death or Incapacity of Breeder. 
Legal i^epresentatives of deceased breeders and of those under legal 
incapacity may make application for plant variety protection upon 
compliance with the requirements and on the same terms and condi-
tions applicable to the breeder or his successor in interest. 
Sec. 55. Benefit of Earlier Filing Date. 
(a) An application for a certificate of plant variety protection filed 
in this country based on the same variety, and on rights derived from 
the same breeder, on which there has previously been filed an applica-
tion for plant variety protection in a foreign country which affords 
similar privileges in the case of applications filed in the United States 
84 STAT. ] 
PUBLIC LAW 91-577-DEC. 24, 1970 
1549 
by nationals of the United States, shall have the same effect as the 
same application would have if filed in the United States on the date on 
which the ai^plication for plant variety protection for the same variety 
was first filed in snch foreign country, if the aj)plication in this country 
is filed within twelve months from the earliest date on which such 
foreign application was filed. No application shall be entitled to a 
right of priority under this section, unless the applicant designates 
the foreign application in his application or by amendment thereto 
and, if required by the Secretary, furnishes such copy, translation or 
both, as the Secretary may specify. 
(b) An application for a certificate of plant variety protection for 
the same variety as was the subject of an application previously filed in 
the United States by or on behalf of the same person, or by his prede-
cessor in title, shall have the same effect as to such variety as tliough 
filed on the date of the prior application if filed before the issuance of 
the certificate or other termination of proceedings on the first applica-
tion or on an application similarly entitled to the benefit of the filing 
date of the first application and if it contains or is amended to contain 
a specific reference to the earlier filed application. 
(c) A later application shall not by itself establish that a character-
istic newly described was in the variety at the time of the earlier 
application. 
Sec. 56. Confidential Status of Application. 
Applications for plant variety protection and their contents shall be 
kept in confidence by the Plant Variety Protection Office, by the Board, 
and by the offices in the Department of Agriculture to which access 
may be given under regulations. No information concerning the same 
shall be given without the authority of the owner, unless necessary 
under special circumstances as may be determined by the Secretary, 
except that the Secretary may publish the variety names designated m 
applications, stating the kind to which each applies. 
Sec. 57. Publication. 
The Secretary may establish regulations for the publication of any 
pending application when publication is requested by the owner. 
Chapter 6.—EXAMINATION, RESPONSE 
TIME, INITIAL 
APPEALS 
Sec. 61. Examination of Application. 
The Secretary shall cause an examination to be made of the applica-
tion and if on such examination it is determined that the applicant is 
entitled to plant variety protection under the law, the Secretary shall 
issue a notice of allowance of plant variety protection therefor as here-
inafter provided. 
Sec. 62. Notice of Refusal; Reconsideration. 
(a) Whenever an application is refused, or any objection or require-
ment made by the examiner, the Secretary shall notify the applicant 
thereof, stating the reasons therefor, together with such information 
and references as may be useful in judging the propriety of continuing 
the prosecution of the application; and if after receiving such notice 
the applicant requests reconsideration, with or without amendment, 
the application shall be reconsidered. 
(b) For taking appropriate action after the mailing to him of an 
action other than allowance, an applicant shall be allowed six months, 
or such other time as the Secretary in exceptional circumstances shall 
set in the refusal, or such time as he may allow as an extension. With-
out such extension, action may be taken up to three months lat^ by pay-
ing an additional fee to be prescribed by the Secretary. 
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PUBLIC LAW 91-577-DEC. 24, 1970 
[84 STAT. 
Sec. 63. Initial AppeaL 
When an application for plant variety protection has been refused 
by the Plant Variety Protection Office, the applicant may appeal to the 
Secretary. The Secretary shall seek the advice of the Plant Variety 
Protection Board on all appeals, before deciding the appeal. 
Chapter 7.—APPEALS TO COURTS AND OTHER REVIEW 
Sec. 71. Appeals. 
From the decisions made under sections 44, 63, 91, 92, and 128 
appeal may, within sixty days or such further times as the Secretary 
28 use app. 
allows, be taken under the Federal Rules of Appellate Procedure. The 
Court of Customs and Patent Apj)eals and United States Courts of 
Appeals shall have jurisdiction, with venue in the case of the latter 
80 Stat. 622. 
as Stated in 28 U.S.C. 2343. 
Sec. 72. Civil Action Against Secretary. 
An applicant dissatisfied with a decision under section 63 or 91 of 
this title, may, as an alternative to appeal, have remedy by civil action 
against the Secretary in the United States District Court for the Dis-
trict of Columbia. Such action shall be commenced within sixty days 
after such decision or within such further time as the Secretary allows. 
The court may, in the case of review of a decision by the Secretary 
refusing plant variety protection, adjudge that such applicant is 
entitled to receive a certificate of plant variety protection for liis 
variety as specified in his application as the facts of the case may 
appear, on compliance with the requirements of this Act. 
Sec. 73. Appeal or Civil Action in Contested Cases. 
(a) A party to a proceeding under section 92 of this title, dissatis-
fied with the decision, may take an appeal under section 71 or may 
have remedy by civil action if commenced within sixty days after such 
decision or within such further time as the Secretary allows. A party 
contemplating appeal as provided herein shall notify all adverse 
parties of his intention and any such adverse party, not the Secre-
tary, shall have the right, by notice served within ten days of the 
notice to him, to elect that any review shall be by civil action. In such 
suits the record in the Plant Variety Protection Office shall be admitted 
on motion of any party upon the terms and conditions as to costs, 
expenses, and the further cross-examination of witnesses, as the court 
imposes, without prejudice to the right of the parties to take further 
testimony. The testimony and exhibits of the record in the Plant 
Variety Protection Office when admitted shall have the same effect 
as if originally taken and produced in the suit. 
(b) Such suit may be instituted against the party in interest as 
shown by the record of the Plant Variety Protection Office at the 
time of the decision complained of, but any party in interest may 
become a party to the action. If there be adverse parties residing in a 
plurality of districts not embraced within the same State, or an 
adverse party residing in a foreign country, the United States District 
Court for the District of Columbia, or any United States district court 
to which it may transfer the case, shall have jurisdiction and may 
issue summons against the adverse parties directed to the marshal of 
any district in which any adverse party resides. Summons against 
adverse parties residing in foreign countries may be served by publica-
tion or otherwise as the court directs. The Secretary shall not be made 
a party but he shall have the right to intervene. Judgment of the 
court in favor of the right of an applicant to plant variety protection 
shall authorize the Secretary to issue a certificate of plant variety 
protection on the filing in the Plant Variety Protection Office of a 
84 STAT. ] 
PUBLIC LAW 91-577-DEC. 24, 1970 
1551 
certified copj of the judgment and on compliance with the require-
ments of this Act. 
Chapter 8.—CERTIFICATES OF PLANT VARIETY 
PROTECTION 
Sec. 81. Plant Variety Protection. 
(a) If it appears that a certificate of plant variety protection should 
be issued on an application, a written notice of allowance shall be given 
or niailed to the owner. The notice shall specify the sum, constituting 
the issue fee, which shall be paid within one month thereafter. 
(b) Upon timely payment of this sum, and provided that deposit 
of seed has been made in accordance with section 52(3), the certificate 
of plant variety protection shall issue. 
(c) If any payment required by this section is not timely made, 
but is submitted with an additional fee prescribed by the Secretary 
within nine months after the due date or within such further time as 
the Secretary may allow, it shall be accepted. 
Sec. 82. How Issued. 
A certificate of plant variety protection shall be issued in the name 
of the United States of America under the seal of the Plant Variety 
Protection Office, and shall be signed by the Secretary or have his 
signature placed thereon, and shall be recorded in the Plant Variety 
Protection Office. 
Sec. 83. Contents and Term of Plant Variety Protection. 
(a) Every certificate of plant variety protection shall certify that 
the breeder (or his successor in interest) his heirs or assignees, has the 
right, during the term of the plant variety protection, to exclude others 
from selling the variety, or offering it for sale, or reproducing it, or 
importing it, or exporting it, or using it in producing (as distinguished 
from developing) a hybrid or different variety therefrom, to the extent 
provided by this Act. If the owner so elects, the certificate shall also 
specify that in the United States, seed of the variety shall be sold by 
variety name only as a class of certified seed and, if specified, shall also 
conform to the number of generations designated by the owner. Any 
rights, or all rights except tnose elected under the preceding sentence, 
may be waived; and the certificate shall conform to such waiver. The 
Secretary may at his discretion permit such election or waiver to be 
made after certificating and amend the certificate accordingly, with-
out retroactive effect. 
(b) The term of plant variety protection shall expire seventeen years 
from the date of issue of the certificate in the United States. If the 
certificate is not issued within three years from the effective filing date, 
the Secretary may shorten the term by the amount of delay in the 
prosecution of- the application attributed by the Secretary to the 
applicant. 
(c) The term of plant variety protection shall also expire if the 
owner fails to comply with regulations, in force at the time of certifi-
cating, relating to replenishing seed in a public repository: Provided, 
Expiration date. 
1552 
PUBLIC LAW 91-577-DEC. 24, 1970 
[84 STAT. 
however. Tliat this expiration shall not occur unless notice is mailed 
to the last owner recorded as provided in section 101(d) and he fails, 
within the time allowed thereafter, not less than three months, to com-
ply with said regulations, paying an additional fee to be prescribed by 
the Secretary. 
Sec. 84. Certificate of Correction of Plant Variety Protection 
Office Mistake. 
Whenever a mistake in a certificate of plant variety protection, 
incurred through the fault of the Plant Variety Protection Office, is 
clearly disclosed by the records of the Office, the Secretary may issue a 
certificate of correction stating the fact and nature of such mistake, 
under seal, without charge, to be recorded in the records of plant 
variety protection. A copy thereof shall be attached to each copy of the 
published specifications or certificate of plant variety protection and 
such certificate of correction shall be considered as part of the original 
certificate of plant variety protection. Every such certificate of plant 
variety protection shall have the same effect as if the same had been 
originally issued in such corrected form. The Secretary may issue a 
corrected certificate of plant variety protection without charge in lieu 
of and with like effect as a certificate of correction. 
Sec. 85. Certificate of Correction of Applicant's Mistake. 
Whenever a mistake of a clerical or typographical nature, or of 
minor character, or in the description of the variety, which was not 
the fault of the Plant Variety Protection Office, appears in a certificate 
of plant variety protection and a showing has been made that such 
mistake occurred in good faith, the Secretary may, upon payment of 
the required fee, issue a certificate of correction in the manner and 
with attachment of copies as in section 84, if the correction unquestion-
ably could have been made before the certificate issued. Such certificate 
of plant variety protection shall have the same effect and operation in 
law on the trial of actions for causes thereafter arising as if the same 
had been originally issued in such corrected form. 
Sec. 86. Correction of Named Breeder. 
An error as to the naming of a breeder in the application, without 
deceptive intent, shall not affect validity of plant variety protection 
and may be corrected at any time by the Secretary in accordance with 
regulations established by him or upon order of a federal court before 
which the matter is called in question. Upon such correction the Secre-
tary shall issue a certificate accordingly. Such correction shall not 
deprive any person of any rights he otherwise would have had. 
Chapter 9^REEXAMINATI0N AFTER ISSUE, AND CON-
TESTED PROCEEDINGS 
Sec. 91. Reexamination After Issue. 
(a) Any person may, within five years after the issuance of a certifi-
cate of plant variety protection, notify the Secretary in writing of 
facts which may have a bearing on the protectability of the variety, 
and the Secretary may cause such plant variety protection to be reex-
amined in the light thereof. 
(b) Reexamination of plant variety protection under this section and 
appeals shall be pursuant to the same procedures and with the same 
rights as for original examinations. Abandonment of the procedure 
while subject to a ruling against the retention of the certificate shall 
result in cancellation of the plant variety certificate thereon and notice 
84 STAT. ] 
PUBLIC LAW 91-577-DEC. 24, 1970 
1553 
thereof shall be endorsed on copies of the specification of the protected 
plant variety thereafter distributed by the Plant Variety Protection 
Office. 
(c) If a person acting under subsection (a) makes a prima facie 
showing of facts needing proof, the Secretary may direct that the 
reexamination include such mterparty proceedings as he shall establish. 
Sec. 92. Priority Contest. 
(a) If the Secretary determines that two applications of different 
applicants may be based on the same variety, he may: 
(1) Initiate a priority contest on his own motion whether or not 
one of the applications may have been certificated; or 
(2) Issue a certificate on the application having the earliest effec-
tive filing date, with notice to all; or 
(3) Issue a certificate naming alternative owners, under a single 
variety name acceptable to both. 
(b) On request of any person when a certificate has been issued 
naming another as an owner or alternative owner, both having applied 
for protection on the same variety, the Secretary shall institute a 
priority contest, except that any person shall have forfeited his right 
to assert priority for the purpose of obtaining plant variety protection 
when an adverse certificate has issued if he fails to make the request 
within one year of the mailing of notice specified in part (2) above or 
if he fails to make the request within the period for taking action after 
refusal of his application on the basis of the adverse certificate. 
Sec. 93. Effect of Adverse Final Judgment or of Non Action. 
(a) A final judgment under section 92 adverse to an application 
from which no appeal or other review had been or can be taken or had 
shall constitute cancellation of any certificating on that application, 
and notice thereof shall be endorsed on copies of the specifications of 
the protected plant variety thereafter distributed by the Plant Variety 
Protection Office. 
(b) Any person who has not proceeded in accordance with the pro-
vision of this chapter shall not be foreclosed or in any way prejudiced 
with respect to the defense of an infringement suit or affirmative relief 
under declaratory judgment proceedings. 
(c) No person subject to an adverse decision in a proceeding under 
this chapter shall be foreclosed with respect to asserting comparable 
grounds in defense of an infringement suit or as a basis for affirmative 
relief under declaratory judgment proceedings. 
Sec. 94. Interfering Plant Variety Protection. 
The owner of a certificate of plant varietv protection may have relief 
against another owner of a certificate of the same variety by civil 
action, and the court may adjudge the question of validity of the 
respective certificates, or the ownership of the certificate. The provi-
sions of section 73(b) of this title shall apply to actions brought under 
this section. 
TITLE III—PLANT VARIETY PROTECTION AND RIGHTS 
Chapter 
Section 
10. Ownership and Assignment 
101 
11. Infringement of Plant Variety Protection 
111 
12. Remedies for Infringement of Plant Variety Protection, and Other 
Actions 
121 
13. Intent and Severability 
131 
14. Temporary Provision and Related Enactments; Exempted Plants; 
Miscellaneous 
141 
1554 
PUBLIC LAW 91-577-DEC. 24, 1970 
[84 STAT. 
Chapter 10.—OWNERSHIP AND ASSIGNMENT 
Sec. 101. Ownership and Assignment. 
(a) Subject to the provisions of this title, plant variety protection 
shall have the attributes of personal property. 
(b) Applications for certificates of plant variety protection, or any 
interest in a variety, shall be assignable by an instrument in writing. 
The owner may in like manner license or grant and convey an exclusive 
right to use of the variety in the whole or any specified part of the 
United States. 
(c) A certificate of acknowledgment under the hand and official 
seal of a person authorized to administer oaths within the United 
States, or in a foreign country, of a diplomatic or consular officer 
of the United States or an officer authorized to administer oaths 
whose authority is proved by a certificate of a diplomatic or consular 
officer of the United States, shall be prima facie evidence of the execu-
tion of an assignment, grant, license, or conveyance of plant variety 
protection or application for plant variety protection. 
(d) An assignment, grant, conveyance or license shall be void as 
against any subsequent purchaser or mortagee for a valuable considera-
tion, without notice, unless it, or an acknowledgment thereof by the 
person giving such encumbrance that there is such encumbrance, is 
filed for recording in the Plant Variety Protection Office within one 
month from its date or at least one month prior to the date of such 
subsequent purchase or mortgage. 
Sec. 102. Ownership During Testing. 
An owner who, with notice that release is for testing only, releases 
possession of seed or other sexually reproducible plant material for 
testing retains ownership with respect thereto; and any diversion from 
authorized testing, or any unauthorized retention, of such material by 
anyone who has knowledge that it is under such notice, or who is 
chargeable with notice, is prohibited, and violates the property rights 
of the owner. Anyone receiving the material tagged or labeled with the 
notice is chargeable with the notice. The owner is entitled to remedy 
and redress in a civil action hereunder. No remedy available by State 
or local law is hereby excluded. No such notice shall be used, or if used 
be effective, when the owner has made identical sexually reproducible 
plant material available to the public, as by sale thereof. 
Chapter 11.—INFRINGEMENT OF PLANT VARIETY 
PROTECTION 
Sec. 111. Infringement of Plant Variety Protection. 
Except as otherwise provided in this title, it shall be an infringement 
of the rights of the owner of a novel variety to perform without author-
ity, any of the following acts in the United States, or in commerce 
which can be regulated by Congress or affecting such commerce, prior 
to expiration of the right to plant variety protection but after either 
the issue of the certificate or the distribution of a novel plant variety 
with the notice under section 127: 
(1) sell the novel variety, or oflfer it or expose it for sale, deliver 
it, ship it, consign it, exchange it, or solicit an offer to buy it, or 
any otner transfer of title or possession of it; 
(2) import the novel variety into, or export it from, the United 
States; 
84 STAT. ] 
PUBLIC LAW 91-577-DEC. 24, 1970 
1555 
(3) sexually multiply the novel variety as a step in marketing 
(for growing purposes) the variety; or 
(4) use the novel variety in producing (as distinguished from 
developing) a hybrid or different variety therefrom; or 
(5) use seed which had been marked "propagation prohibited" 
or progeny thereof to propagate the novel variety; or 
(6) dispense the novel variety to another, in a form which can 
be propagated, without notice as to being a protected variety 
under which it was received; or 
(7) perform any of the foregoing acts even in instances in which 
the novel variety is multiplied other than sexually, except in 
pursuance of a valid United States plant patent; or 
(8) instigate or actively induce performance of any of the 
foregoing acts. 
Sec. 112. Grandfather Clause. 
Nothing in this Act shall abridge the right of any person, or his 
successor in interest, to reproduce or sell a variety developed and 
produced by such person more than one year prior to the effective 
filing date of an adverse application for a certificate of plant variety 
protection. 
Sec. 113. Right To Save Seed; Crop Exemption. 
Except to the extent that such action may constitute an infringement 
under subsections (3) and (4) of section 111, it shall not infringe any 
right hereunder for a person to save seed produced by him from seed 
obtained, or descended from seed obtained, by authority of the owner 
of the variety for seeding purposes and use such saved seed in the pro-
duction of a crop for use on his farm, or for sale as provided in this 
section: Provided^ That without regard to the provisions of section 
111(3) it shall not infringe any right hereunder for a person, whose 
primary farming occupation is the growing of crops for sale for other 
than reproductive purposes, to sell such saved seed to other persons so 
engaged, for reproductive purposes, provided such sale is in compliance 
with such State laws governing the sale of seed as may be applicable. 
A bona fide sale for other than reproductive purposes, made m chan-
nels usual for such other purposes, of seed produced on a farm either 
from seed obtained by authority of the owner for seeding purposes or 
from seed produced by descent on such farm from seed obtained by 
authority of the owner for seeding purposes shall not constitute an 
infringement. A purchaser who diverts seed from such channels to 
seeding purposes shall be deemed to have notice under section 127 that 
his actions constitute an infringement. 
Sec. 114. Research Exemption. 
The use and reproduction of a protected variety for plant breeding 
or other bona fide research shall not constitute an infringement of the 
protection provided under this Act. 
Sec. 115. Intermediary Exemption. 
Transportation or delivery \yy a carrier in the ordinary course of its 
business as a carrier, or advertising by a person in the advertising busi-
ness in the ordinary course of that business, shall not constitute an 
infringement of the protection provided under this Act. 
47-348 O - 72 - 15 (Pt. 2) 
1556 
PUBLIC LAW 91-577-DEC. 24, 1970 
[84 STAT. 
Chapter 12.—REMEDIES FOR INFRINGEMENT OF PLANT 
VARIETY PROTECTION, AND OTHER ACTIONS 
Sec. 121. Remedy for Infringement of Plant Variety Protection. 
An owner shall have remedy by civil action for infringement of his 
plant variety protection under section 111. If a variety is sold under 
the name of a variety shown in a certificate, there is a prima facie pre-
sumption that it is the same variety. 
Sec. 122. Presumption of Validity; Defenses. 
(a) Certificates of plant variety protection shall be presumed valid. 
The burden of establishing invalidity of a plant variety protection 
shall rest on the party asserting invalidity. 
(b) The following shall be defenses in any action charging infringe-
ment and shall be pleaded: (1) noninfringement, absence of liability 
for infringement, or unenforceability; (2) invalidity of the plant 
variety protection in suit on any ground specified in section 42 of this 
title as a condition for protectability; (3) mvalidity of the plant vari-
ety protection in suit for failure to comply with any requirement of 
section 52; (4) that the asserted infringement was performed under 
an existing certificate adverse to that asserted and'prior to notice of 
the infringement; and (5) any other fact or act made a defense by 
this Act. 
Sec. 123. Injunction. 
The several courts having jurisdiction of cases under this title may 
grant injunctions in accordance with the principles of equity to pre-
vent the violation of any right hereunder on such terms as the court 
deems reasonable. 
Sec. 124. Damages. 
(a) Upon finding an infringement the court shall award damages 
adequate to compensate for the infringement but in no event less than 
a reasonable royalty for the use made of the variety by the infringer, 
together with interest and costs as fixed by the court. 
(b) When the damages are not determined by the jury, the court 
shall determine them. In either event the court may increase the 
damages up to three times the amount determined. 
(c) The court may receive expert testimony as an aid to the deter-
mination of damages or of what royalty would be reasonable under 
the circumstances. 
(d) As to infringement prior to, or resulting from a planting prior 
to, issuance of a certificate for the infringed variety, a court finding 
the infringer to have established innocent intentions, shall have dis-
cretion as to awarding damages. 
Sec. 125. Attorney Fees. 
The court in exceptional cases may award reasonable attorney fees 
to the prevailing party. 
Sec. 126. Time Limitation on Damages. 
(a) No recovery shall be had for that part of any infringement 
committed more than six years (or known to the owner more than 
one year) prior to the filing of the complaint or counterclaim for 
infringement in the action. 
(b) In the case of claims against the United States Government for 
unauthorized use of a protected variety, the period between the date 
of receipt of written claim for compensation by the department or 
agency of the Government having authority to settle such claim, and 
the date of mailing by the Government of a notice to the claimant that 
his claim has been denied shall not be counted as part of the period 
referreH to in the preceding paragraph. 
84 STAT. ] 
PUBLIC LAW 91-577-DEC. 24, 1970 
1557 
Sec. 127. Limitation of Damages; Marking and Notice. 
Owners may give notice to the public by physically associating with 
or affixing to the container of seed of a novel variety or by fixing to the 
novel variety, a label containing the words "Propagation Prohibited" 
and after the certificate issues, such additional words as "LT.S. Pro-
tected Variety", In the event the novel variety is distributed by authori-
zation of the owner and is received by the infringer without such 
marking, no damages shall be recovered against such infringer by the 
owner in any action for infringement, unless the infringer has actual 
notice or knowledge that propagation is prohibited or that the variety 
is a protected variety, in which event damages may be recovered only 
for infringement occurring after such notice. As to both damages and 
injunction, a court shall have discretion to be lenient as to disposal of 
materials acquired in good faith by acts prior to such notice. 
Sec. 128. False Marking; Cease and Desist Orders. 
(a) Each of the following actSj if performed in connection with the 
sale, offering for sale, or advertising of sexually reproducible plant 
material, is prohibited, and the Secretary may, if he determines after 
an opportunity for hearing that the act is bein^ so performed, issue an 
order to cease and desist, said order being binding unless appealed 
under section 71: 
(1) Use of the words "U.S. Protected Variety" or any word or 
number importing that the material is a variety protected under 
certificate, when it is not. 
(2) Use of any wording importing that the material is a variety 
for which an application for plant variety protection is pending, 
when it is not. 
(3) Use of the phrase "propagation prohibited" or similar 
phrase without reasonable basis, a statement of this basis being 
promptly filed with the Secretary if the phrase is used beyond 
testing and no application has been filed. Any reasonable basis 
expires one year after the first sale of the variety except as justified 
thereafter by a pending application or a certificate still in force. 
(b) Anyone convicted of violating a binding cease and desist order, 
or of perrorming any act prohibited in subsection (a) of this section 
for the purpose of deceiving the public, shall be fined not more than 
$10,000 and not less than $500. 
(c) Anyone whose business is damaged or is likely to be damaged 
by an act prohibited in subsection (a) of this section, or is subjected 
to competition in connection with which such act is performed, may 
have remedy by civil action. 
Sec. 129. Nonresident Proprietors; Service and Notice. 
Every owner not residing in the United States may file in the Plant 
Variety Protection Office a written designation stating the name and 
address of a person residing within the United States on whom may 
be served process or notice of proceedings affecting the plant variety 
protection or rights thereunder. If the person designated cannot be 
found at the address given in the last designation, or if no person has 
been designated, the United States District Court for the District of 
Columbia shall have jurisdiction and summons shall be served by 
publication or otherwise as the court directs. The court shall have the 
same jurisdiction to take any action respecting the plant variety pro-
tection, or rights thereunder that it would have if the owner were 
personally within the jurisdiction of the court. 
1558 
PUBLIC L
A
W 91-577-DEC. 24, 1970 
[84 STAT. 
Chapter 13.—INTENT AND SEVERABILITY 
Sec. 131. Intent. 
It is the intent of Congress to provide the indicated protection for 
new varieties by exercise of any constitutional power needed for that 
end, so as to afford adequate encouragement for research, and for 
marketing when appropriate, to yield for the public the benefits of new 
uscprec.titie 1. varieties. Constitutional clauses S and 8' of article I, section 8 are both 
relied upon. 
Sec. 132. Severability. 
If this Act is held unconstitutional as to some provisions or circum-
stances, it shall remain in force as to the remaining provisions and 
other circumstances. 
Chapter 14.—TEMPORARY PROVISION AND RELATED 
ENACTMENTS; EXEMPTED PLANTS; MISCELLANEOUS 
Sec. 141. Effective Date. 
This Act shall take effect upon enactment. Applications may be filed 
with the Secretary and held by him until the Office of Plant Variety 
Protection is organized and in operation. 
Sec. 142. Amendment of Federal Seed Act. 
The Federal Seed Act (53 Stat. 1275) is amended as follows: 
(a) By adding at the end thereof: 
7 u s e 1551. 
"TITLE V—SALE OF UNCERTIFIED SEED OF PROTECTED 
VARIETY 
"Section 501. 
" (a) It shall be unlawful in the United States or in interstate or for-
eign commerce to sell by variety name seed not certified by an official 
^eed certifying agency when it is a variety for which a certificate of 
plant variety protection under the Plant Variety Protection Act speci-
fies sale only as a class of certified seed: Provided, That seed irom 
a certified lot may be labeled as to variety name when used in a mix-
ture by, or with the approval of, the owner of the variety." 
Protected va- 
(b) By adding at the end of section 102 the following wording: 
riety, seed certifi- «ggg^ Q
f ^ yarietv for which a certificate of plant variety protection 
cation, limuation. 
, 
J 
• • 
-r-* 
. 
j * 
k i 
^i^ 
^ 
i 
i 
83 Stat. 134. 
uuder the Plant Variety Protection Act specifies sale only as a class 
7 use 1562. 
of certified seed shall be certified only when 
"(1) the basic seed from which the variety was j>roduced was 
furnished by authority of the owner of the variety if the certifi-
cation is made during the term of protection, and 
"(2) it conforms to the number of generations designated by 
the certificate, if the certificate contains such a designation.". 
Sec. 143. Amendment of Judicial Code. 
Title 28 of the United States Code, entitled Judicial Code and 
6
2 Stat. 869. 
Judiciary, is amended as follows: 
80 Stat. 901. 
(a) After section 1644 add: 
"Sec. 1545. Decision of the Plant Variety Protection Office. 
"The Court of Customs and Patent Appeals shall have nonexclusive 
jurisdiction of appeals under section 71 of the Plant Variety Protection 
Act." 
74 Stat. 855. 
84 STAT. ] 
PUBLIC LAW 91-578-DEC. 24, 1970 
1559 
(b) In section 1338 after "Patents" in the heading, after "patents" 
^2 stat. 931. 
and after "patent" 
(both occurrences) 
insert ", plant variety 
protection". 
(c) After section 2351 add: 
so stat. 624. 
"2353. The Court of appeals has nonexclusive jurisdiction to hear appeals under 
section 71 of the Plant Variety Protection Act." 
(d) In section 1498 add the following new subsection: 
u s''"courrof^"^' 
"(d) Hereafter, whenever a plant variety protected by a certificate claims. " 
of plant variety protection under the laws of the United States shall ,/^^^*^Vcc'*^' 
be infringed by the United States, by a corporation owned or controlled 
by the United States, or by a contractor, subcontractor, or any person, 
firm, or corporation acting for the Government and with the author-
ization and consent of the Government, the exclusive remedy of the 
owner of such certificate shall be by action against the United States 
in the Court of Claims for the recovery of his reasonable and entire 
compensation as damages for such infringement: Provided^ That a 
Government employee shall have a right of action against the Govern-
ment under this subsection except where he was in a position to order, 
influence, or induce use of the protected plant variety by the Govern-
ment: Provided^ however^ That this subsection shall not confer a 
right of action on any certificate owner or any assignee of such owner 
with respect to any protected plant variety made bv a person while 
in the employment or service of the United States, where such variety 
was prepared as a part of the official functions of the employee, or in 
the preparation of which Government time, material, or facilities were 
used: And provided 
further^ That before such action against the 
United States has been instituted, the appropriate corporation owned 
or controlled by the United States or the head of the appropriate 
agency of the Government, as the case may be, is authorized to enter 
into an agreement with the certificate owner in full settlement and 
compromise, for the damages accrued to him bv reason of such 
infringement and to settle the claim administratively out of available 
appropriations." 
Sec. 144. Exempted Plants. 
The provisions of this Act shall not apply to the seeds, plants, or 
transplants of okra, celery, peppers, tomatoes, carrots, and cucumbers. 
Sec. 145. Short Title. 
This Act may be cited as the "Plant Variety Protection Act". 
Approved December 24, 1970. 
Public Law 91-578 
AN ACT 
December 24,1970 
To amend section 2 of the Act of June 30, 1954, as amended, providing for the 
[s. 3479] 
continuance of civil government for the Truist Territory of the Pacific Islands. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of AmsTica in Congress assenibled^ That section 2 of the 
Act of June 30,1954 (Q8 Stat. 330), as amended, is amended by delet- Jovemme'nt''" 
ing "for fiscal year 1969, $5,000,000 in addition to the sums heretofore 
Ap^^prL'tion. 
appropriated, for fiscal year 1970, $50,000,000 and for the fiscal year 
H ^t^'-1213. 
1971, $50,000,000" and inserting in lieu thereof the following: "for note. 
^^^^ 
each of the fiscal years 1971,1972, and 1973, $60,000,000". 
Approved December 24, 1970. 
Pacific Trust