(h) For the purposes of this section and section 3571 of this title(1) "Annual rate regular employee" means an employee for whom the Postmaster General has established a regular work schedule consisting of five eight-hour days in accordance with section 3571 of this title.

(2) "Hourly rate regular employee" means an employee for whom the Postmaster General has established a regular work schedule consisting of not more than forty hours a week.

(3) "Substitute employee" means an employee for whom the Postmaster General has not established a regular work schedule. 83574. Night work.

Employees who perform work between the hours of 6 o'clock post meridian and 6 o'clock ante meridian standard or daylight saving time, depending upon which time is observed where the work is performed, shall be paid extra compensation for each hour of that work at the rate of 10 per centum of their hourly basic compensation. The differential for night duty is not included in computing overtime compensation to which the employees may be entitled.

§ 3575. Exemptions.

[(a) Sections 3571, 3573 and 3574 of this title do not apply to postmasters, rural carriers, postal inspectors, and employees in salary level PFS-16 and above.]

(a) Sections 3571, 3575, and 3574 of this title do not apply to postmasters, rural carriers, postal inspectors, employees in salary levels PFS-16 and above, and such employees in regional offices in salary levels PFS-15 and below as the Postmaster General designates.

(b) Sections 3571 and 3573 of this title do not apply to employees referred to in section 3581 of this title.

(c) Sections 3571 (a), (b), and (d), and 3573(e) of this title do not apply to substitute employees.

(d) Section 3571(b) of this title does not apply to hourly rate regular employees.

§ 3576. Holiday service of rural carriers and employees assigned to road duty.

When the President of the United States authorizes Federal employees generally to be excused from duty on a work day, rural carriers and employees in the Postal Transportation Service or in the Motor Vehicle Service who are assigned to road duty, other than substitutes, who are required to work on such a day, shall be granted a day off, with pay and without charge thereof to their earned annual leave, within one year thereafter.

§ 3577. Workweek of postmasters in post offices of the first, second, and third classes.

(a) The Postmaster General shall schedule postmasters in post offices of the first, second, and third classes to work a five-day week. (b) Subsection (a) of this section shall not be held or considered to permit the closing of any post office on any weekday, Monday through Saturday, inclusive.

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§ 3578. Irregular, unscheduled, overtime differential.

(a) The Postmaster. General may provide premium pay to employees subject to the Postal Field Service Schedule other than

(1) postmasters,

(2) employees referred to in section 3581 of this title, and..

(3) employees in salary levels PFS-16 and above,

in positions in which the hours of duty cannot be controlled administratively and which require substantial amounts of irregular, unscheduled, overtime duty and duty at night, on Sundays, and on holidays, with the employee generally being responsible for recognizing, without supervision, circumstances which require him to remain on duty.

(b) Premium pay under subsection (a) of this section shall

(1) be provided on an annual basis under conditions established by the Postmaster General in lieu of any other premium pay to which the employee otherwise may be entitled, and

(2) be determined as an appropriate percentage, not less than 10 per centum nor more than 25 per centum, of such part of the rate of the employee's basic compensation as does not exceed the maximium pay step for salary level PFS-11.

(c) An employee may be paid premium pay under this section only to the extent that the payment does not cause his aggregate rate of compensation for any pay period to exceed the maximum rate of salary level PFS-18.

90TH CONGRESS HOUSE OF REPRESENTATIVES 2d Session

REPORT

{No. 1137

EXTENDING THE TIME FOR CONVEYANCE OF CERTAIN PUBLIC LANDS IN NEVADA TO THE COLORADO RIVER COMMISSION OF NEVADA

FEBRUARY 29, 1968.-Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Mr. BARING, from the Committee on Interior and Insular Affairs, submitted the following

REPORT

[To accompany H.R. 15069]

The Committee on Interior and Insular Affairs, to whom was referred the bill (H.R. 15069) to amend the act directing the Secretary of the Interior to convey certain public lands in the State of Nevada to the Colorado River Commission of Nevada in order to extend for 5 years the time for selecting such lands, having considered the same, report favorably thereon with amendments and recommend that the bill as amended do pass.

The amendments are as follows:

Page 2, lines 1 through 4, strike out all of paragraphs (1) and (2) and insert the following:

(1) in section 2, strike out "ten years" and insert in lieu thereof "twelve years";.

(2) in section 3, strike out "ten year" and insert in lieu thereof "twelve year".

Amend the title so as to read:

A bill to amend the act directing the Secretary of the Interior to convey certain public lands in the State of Nevada to the Colorado River Commission of Nevada in order to extend for two years the time for selecting such lands.

PURPOSE

H.R. 15069, as amended by the committee, would extend for 2 years, i.e., until March 6, 1970, the time within which the Colorado River Commission of Nevada may exercise its option, as provided for

in the act of March 6, 1958 (72 Stat. 31), as amended by the act of October 10, 1962 (76 Stat. 804), to select certain areas of public lands in southern Nevada for purchase and development.

H.R. 15069 was introduced by Mr. Baring.

NEED

The act of March 6, 1958, as amended, directs the Secretary of the Interior to segregate, from all forms of entry under the public land laws, some 126,775 acres of public land in southern Nevada for a 10year period. During this time the Colorado River Commission for Nevada may exercise its option of having patented to the State of Nevada all or part of the segregated lands. Exercise of the option prior to March 6, 1968, would have the effect of extending the segregation until the lands are finally disposed of by the Secretary. The State will pay the appraised fair market value of the lands as of March 6, 1958. As required by the 1958 act the Colorado River Commission submitted a proposed plan of development within the specified 3-year period. However, as the Department of the Interior appraisal of the property was not made available until approximately 4 years after the date of enactment there remained insufficient time for the commission to act effectively during the original 5-year life of the act. The 1958 act was therefore amended in 1962 to provide for a 5-year extension and also to make clear that the appraised value of the land was to be determined as of the effective date of the original act, i.e., March 6, 1958.

Due to delays in reappraising the land to reflect 1958 values, as well as the lack of available water for development of the land, final plans of the commission were further delayed. However, with the authorization of the southern Nevada water project, water will be available and development of the valley is now feasible. The committee was advised that the commission is now in the process of making an application for purchase of the land and expects to enter into a contract with the United States in the near future. However, it appears doubtful that final arrangements can be completed before the expiration date of the present act on March 6, 1968.

The 2-year extension recommended by the committee would provide sufficient time for the completion of pending negotiations for the beneficial development of these lands but would not needlessly tie them up for an extended period of time.

COMMITTEE AMENDMENT

The committee adopted an amendment limiting the extension of time to 2 years instead of the 5 years as originally proposed in H.R.

15069.

COST

There will not be any increase in budgetary requirements as a result of enactment of H.R. 15069.

DEPARTMENTAL REPORTS

The Department of the Interior recommended amendment of H.R. 15069 to reflect the fair market value of the lands as of the

H.R. 1137

date each application for transfer is filed. The committee did not adopt this recommendation. The report of the Department is set forth below.

U.S. DEPARTMENT OF THE INTERIOR,

Hon. WAYNE N. ASPINALL,

OFFICE OF THE SECRETARY,
Washington, D.C., February 16, 1968.

Chairman, Committee on Interior and Insular Affairs,
House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This responds to your request for our views on H.R. 15069, a bill to amend the act directing the Secretary of the Interior to convey certain public lands in the State of Nevada to the Colorado River Commission of Nevada in order to extend for 5 years the time for selecting such lands.

The amended 1958 act directs the Secretary of the Interior to segregate certain public lands within a 10-year period following March 6, 1958. The total acreage for segregation purposes is about 126,775 acres. It also gives the Colorado River Commission an option of having patented to the State by the Secretary all or part of the segregated lands. If the option is exercised within the 10-year period, it will have the effect of extending the segregation until the lands are finally disposed of by the Secretary.

Under the law the remaining steps to be taken by the commission to exercise its option are (1) to select the land units it desires and (2) to submit with the selection a development and acquisition planning report and the details of any proposed acquisition payment plan. The 10-year period runs out on March 6, 1968. The option is exercised by the filing with the Secretary "of any application for the conveyance of title to any lands within the transfer area." To date, the State has not exercised the option, although they have indicated a desire to do so. H.R. 15069 would give the State an additional 5 years to exercise the option.

The original version of section 4(c) of the act directed that the Secretary make an appraisal of the lands "at the earliest practicable date following the effective date of this act." The lands were appraised as of November 27, 1961, and this appraisal was completed early in 1962 and communicated to the State. The appraisal showed the value of the lands to be $2,830,000 as of November 27, 1961.

In 1962, Congress, in amending the 1958 act, provided that the appraisal shall be made as of the effective date of the act, namely March 6, 1958. The reappraisal was made retrogressive to 1958 and communicated to the State. The reappraisal value is $1,320,000. The 1958 appraisal is $1,510,000 less than the 1961 appraisal. In providing for this reappraisal, the committee said:

"It is probable that the value of the lands described in the 1958 act will be enhanced during the next few years, with some of the enhancement traceable directly to the plans being made by State and Federal agencies to bring water into the area and otherwise provide beneficial utilization of the lands. The committee believes that the State of Nevada should not be compelled to pay such increased value for the land, particularly in view of the delay of the Department of the Interior in not completing its original appraisal at an earlier time.

H.R. 1137