PUBLIC LAW 95-625, 92 STAT, 3467, NATIONAL PARKS RECREATION ACT OF
1978
acquisition of lands and interests
in lands within the Sawtooth National Recreation
Area in Idaho.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 16 USC 1 // may be cited as the " National
Parks and Recreation Act of 1978".
Sec. 1. Short title and table of contents. Sec. 2. Definition. Sec.
3. Authorization of appropriations.
Sec. 101. Specific increases.
Agate Fossil Beds National Monument.
Andersonville National Historic Site.
Andrew Johnson National Historic Site.
Biscayne National Monument.
Capitol Reef National Park.
Carl Sandburg Home National Historic Site.
Cowpens National Battlefield Site.
De Soto National Memorial.
Fort Bowie National Historic Site.
Frederick Douglass Home, District of Columbia.
Grant Kohrs Ranch National Historic Site.
Guadalupe Mountains National Park.
Gulf Islands National Seashore.
Harpers Ferry National Historical Park.
Hubbell Trading Post National Historic Site.
Indiana Dunes National Lakeshore.
John Muir National Historic Site.
Lands in Prince Georges and Charles Counties, Maryland.
Longfellow National Historic Site.
Pecos National Monument.
Perry's Victory and International Peace Memorial.
San Juan Island National Historical Park.
Sitka National Historical Park.
Statue of Liberty National Monument.
Thaddeus Kosciuszko Home National Historic Site.
Tuskegee Institute National Historic Site.
Whiskeytown-Shasta-Trinity National Recreation Area.
William Howard Taft National Historic Site.
Wilson's Creek National Battlefield.
Sec. 201. Acqusition ceilings.
Big Cypress National Preserve.
Buffalo National River.
Cumberland Island National Seashore.
Sec. 202. Sawtooth National Recreation Area.
Sec. 301. Revision of boundaries.
Bent's Old Fort National Historic Site.
Cape Cod National Seashore.
Chiricahua National Monument.
Coronado National Memorial.
Eisenhower National Historic Site.
Fort Caroline National Memorial.
George Washington Birthplace National Monument.
Great Sand Dunes National Monument.
Gulf Islands National Seashore.
Hawaii Volcanoes National Park.
John Day Fossil Beds National Monument.
Monocacy National Battlefield.
Montezuma Castle National Monument.
Oregon Caves National Monument.
Salem Maritime National Historic Site.
Theodore Roosevelt National Memorial Park.
Tumacacori National Monument.
Tuzigoot National Monument.
White Sands National Monument.
William Howard Taft National Historic Site.
Wind Cave National Park.
Sec. 302. Maps and descriptions. Sec. 303. Acquisition and disposal of
lands. Sec. 304. Other authorities. Sec. 305. Name change; City of
Refuge National Historical Park. Sec. 306. Black Hammock Island. Sec.
307. Allegheny Portage Railroad National Historic Site and Johnstown
Flood National Memorial. Sec. 308. Fort Laramie National Historic
Site. Sec. 309. Fort Union Trading Post National Historic Site. Sec.
310. Addition of Dorchester Heights to the Boston National Historical
Park. Sec. 311. Fort Clatsop National Memorial. Sec. 312. Adams
National Historic Site, Massachusetts. Sec. 313. Addition of Eppes
Manor to Petersburg National Battlefield. Sec. 314. Addition of Mineral
King Valley to Sequoia National Park. Sec. 315. Cuyahoga Valley
National Recreation Area. Sec. 316. Delaware Water Gap National
Recreation Area. Sec. 317. Golden Gate National Recreation Area. Sec.
318. Point Reyes National Seashore. Sec. 319. Antietam National
Battlefield. Sec. 320. Chesapeake and Ohio Canal National Historical
Park. Sec. 321. Alibates Flint Quarries and Texas Panhandle Pueblo
Culture National
Monument. Sec. 322. Fire Island National Seashore. Sec. 323.
Cumberland Island National Seashore.
Sec. 401. Designation of areas. Sec. 402. Map and description. Sec.
403. Cessation of certain uses. Sec. 404. Administration. Sec. 405.
Savings provisions.
Sec. 501. Guam National Seashore. Sec. 502. Pine Barrens Area, New
Jersey. Sec. 503. Edgar Allan Poe National Historic Site. Sec. 504.
Saint Paul's Church, Eastchester. Sec. 505. Kaloko-Honokohau National
Historical Park. Sec. 506. Palo Alto Battlefield National Historic
Site. Sec. 507. Santa Monica Mountains National Recreation Area. Sec.
508. Ebey's Landing National Historical Reserve.
Sec. 509. Frienship Hill National Historic Site. Sec. 510. Thomas
Stone National Historic Site. Sec. 511. Maggie L. Walker National
Historic Site. Sec. 512. Crow Creek Village Archeological Site.
Sec. 551. Amendments to National Trail Systems Act.
Sec.601. Facilities at Yellowstone National Park. Sec.602. Ridgelands
Area study. Sec.603. Preservation of historical and archaeological
data. Sec.604. New area studies, general management plans, and
contracts. Sec.605. Oak Creek Canyon and Chirichaua National Monument
studies. Sec.606. Land and Water Conservation Fund accomplishments
reporting date. Sec.607. Hells Canyon National Recreation Area. Sec.
608. Irvine Coast-Laguna, California study. Sec.609. Theodore
Roosevelt Inaugural National Historic Site. Sec.610. Theodore Roosevelt
National Park. Sec.611. Badlands National Park. Sec.612. Albert
Einstein Memorial. Sec.613. Pearson-Skubitz Big Hill Lake. Sec. 614.
Advisory Council on Historic Preservation.
Sec.701. Addition of Pere Marquette Segment. Sec.702. Addition of Rio
Grande Segment. Sec.703. Addition of Skagit Segments. Sec.704.
Addition of Upper Delaware Segment; special provisions. Sec.705.
Addition of Middle Deaware Segment. Sec.706. Addition of the Amercian
Segment. Sec.707. Addition of Missouri Segment. Sec.708. Addition of
Saint Joe Segments.
Sec.721. Designation of the Kern River (North Fork) for study. Sec.
722. Designation of the Loxahatchee River for study. Sec.723.
Designation of the Ogeechee River for study. Sec.724. Designation of
certain segment of the Salt River for study. Sec.725. Designation of
the Verde River for study. Sec.726. Designation of the San Francisco
River for study. Sec.727. Designation of Fish Creek for study. Sec.
728. Designation of Black Creek for study. Sec.729. Designation of
Allegheny River for study. Sec.730. Designation of the Cacapon River
for study. Sec.731. Designation of the Escatawpa River for study. Sec.
732. Designation of the Myakka River for study. Sec.733. Designation
of Soldier Creek for study. Sec.734. Designation of Red River for
study. Sec.735. Authorization for study. Sec.736. Study period.
Sec.751. Eleven Point River. Sec.752. Rogue River. Sec.753. Saint
Croix River. Sec.754. Salmon River. Sec.755. Chattooga River.
AMENDMENTS- Continued
Sec.761. Technical amendments. Sec.762. Federal lands; cooperative
agreements. Sec.763. Miscellaneous technical amendments. Sec.704.
Lease of Federal lands.
Sec.801. Recognition of the Honorable William M. Ketchum
Sec.1301. Beaverhead or Gallatin National Forests. Sec.1302. Hampton
National Historic Site.
Sec.2. As used in this Act, except as otherwise specifically
provided, the term " Secretary" means the Secretary of the Interor.
Sec.3. Authorizations of moneys to be appropriated under this Act
shall be effective on October 1,1978. Notwithstanding any other
provision of this Act, authority to enter into contracts, to incur
obligations, or to make payments under this Act shall be effective only
to the extent, and in such amounts, as are provided in advance in
appropriation Acts.
Sec.101. The limitations on funds for development within certain
units of the National Park System and affiliated areas are amended as
follows:
(1) Agate Fossil Beds National Monument, Nebraska: Section 4
of the Act of June 5,1965
// 16 USC 431 //
(79 STAT. 123), is amended by changing "$1,842,000" to
"$2,012,000".
(2) Andersonville National Historic Site, Georgia: Section 4
of the Act of October 16,1970 (84 STAT. 989), is amended by
changing "$1,605,000" to "$2,205,000 for development.", and by
deleting "(March 1969 prices), for development, plus or minus such
amounts, if any, as may be justified by reason of ordinary
fluctuation in construction costs as indicated by engineering cost
indices applicable to the types of construction involved herein.".
(3) Andrew Johnson National Historic Site, Tennessee: Section
3 of the Act of December 11,1963 (77 STAT. 350) is amended by
changing "$266,000" to "$286,000".
(4) Biscayne National Monument, Florida: Section 5 of the Act
of October 18,1968
// 16 USC 450 qq-4 //
(82 STAT.1188), is amended by changing "$2,900,000" to
"$6,565,000".
(5) Capitol Reef National Park, Utah: Section 7 of the Act of
December 18,1971
// 16 USC 273f. //
(85 STAT. 739), is amended by changing "$1,052,700 (April 1970
prices)" to "$1,373,000 for development.", and by deleting "for
development, plus or minus such amounts, if any, as may be
justified by reason of ordinary fluctuations in construction costs
as indicated by engineering cost indexes applicable to types of
construction involved herein.".
(6) Carl Sandburg Home National Historic Site, North Carolina:
Section 3 of the Act of October 17,1968 (82 STAT 1154), is amended
by changing "$952,000" to "$1,662,000".
(7) Cowpens National Battlefield Site, South Carolina: Section
402 of the Act of April 11,1972 (86 STAT. 120), is amended by
changing "$3,108,000" to "$5,108,000".
(8) De Soto National Memorial, Florida: Section 3 of the Act
of March 11,1948 (62 STAT 78), as amended,
// 16 USC 450dd //
is further amended changing "$3,108,000" to "$5,108,000".
(9) Fort Bowie National Historic Site, Arizona: Section 4 of
the Act of August 30,1964 (78 STAT 681), is amended by deleting
"$550,000 to carry out the purposes of this Act.", and inserting
in lieu thereof: "85,000 for land acquisition and $1,043,000 for
development".
(10) Frederick Douglass Home, District of Columbia: Section 4
of the Act of September 5,1962 (76 STAT. 435), is amended by
changing "$413,000" to "$1,350,000". (11) Grant Kohrs Ranch
National Historic Site, Montana; Section 4 of the Act of August
25,1972 (86 STAT 632), is amended to read as follows: " SEC.4.
There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this Act, but not to
exceed $752,000 for land acquisition and not to exceed $2,075,000
for development."; the additional sums herein authorized for land
acquisition may be used to acquire the fee simple title to lands
over which the United States has acquired easements or other less
than fee interests.
(12) Guadalupe Mountains National Park, Texas: Section 6 of
the Act of October 15,1966 (80 STAT. 920),
// 16 USC 283e. //
is amended by changing "$10,362,000" to "$24,715,000", and by
adding the following new sentence at the end of the section: " No
funds appropriated fordevelopment purposes pursuant to this Act
may be expended for improvements incompatible with wilderness
management within the corridor of the park leading to the summit
of Guadalupe Peak.".
(13) Gulf Islands National Seashore, Florida-Mississippi:
Section 11 of the Act of January 8,1971 (84 STAT. 1967)
// 16 USC 4592h-10 //
is amended by changing "$17,774,000" to "$24,224,000", and by
deleting the phrase "(June 1970 prices) for development, plus such
amounts, if any, as may be justified by reason of ordinary
fluctuations in construction costs as indicated by engineering
costs indices applicable to the types of construction involved
herein.", and inserting in lieu thereof "for development.".
(14) Harper's Ferry National Historical Park, Maryland-West
Virginia: Section 4 of the Act of June 30,1944 (58 STAT. 645),
// 16 USC 450bb //
is amended further by changing "$8,690,000" to "$12,385,000".
(15) Hubbell Trading Post National Historic Site, Arizona:
Section 3 of the Act of August 28,1965 (79 STAT. 584),
// 16 USC 461 //
is amended by changing "$952,000" to "$977,000".
(16) Indiana Dunes National Lakeshore, Indiana: Section 10 of
the Act of November 5,1966 (80 STAT. 1312),
// 16 USC 460u-9. //
is amended by changing "$8,500,000" to "$9,440,000".
(17) John Muir National Historic Site, California: Section 3
of the Act of August 31,1964 (78 STAT. 753), is amended by
striking out "$300,000 for land acquisition and restoration of the
buildings thereon." and inserting in lieu thereof "$224,000 for
land acquisition and $1,285,000 for development".
(18) For the preservation and protection of certain lands in
Prince Georges and Charles Counties, Maryland: Section 4 of the
joint resolution of October 4,1961 (75 STAT. 783)
// 75 STAT 782. //
is amended by inserting "(a)" after " SEC.4." and by adding the
following new subsection (b) at the end thereof:
"(b) In addition to such other sums as have been appropriated for
such purposes, there is authorized $2,000,000 for development.".
(19) Longfellow National Historic Site, Massachusetts: Section
4 of the Act of October 9,1972 (86 STAT. 791) is amended by
changing $586,000 (May 1971 prices)" to "$682,000 for
development.", and by deleting "of the area, plus or minus such
amounts, if any, as may be justified by reason of ordinary
fluctuations in construction costs as indicated by engineering
cost indices applicable to the types of construction involved
herein.".
(20) Pecos National Monument, New Mexico: Section 3 of the Act
of June 28,1965 (79 STAT. 195) is amended by changing "$500,000"
to "$2,375,000".
(21) Perry's Victory and International Peace Memorial, Ohio:
Section 4 of the Act of October 26,1972 (86 STAT. 1181),
// 16 USC 433c //
is amended by changing "$5,177,000" to $9,327,000".
(22) San Juan Island National Historical Park, Washington:
Section 4 of the Act of September 9,1966
// 16 USC 282c. //
(80 STAT. 737), is amended by changing "3,542,000" to
"$5,575,000".
(23) Sitka National Historcal Park, Alaska: Section 3 of the
Act of October 18,1972 (86 STAT. 904), is amended by changing
"$691,000 (June 1971 prices)" to "$1,571,000", by changing the
comma following "development" to a period, and by deleting the
remainder of the sentence following said period.
(24) Statue of Liberty National Monument, New York-New Jersey:
Section 1 of the joint resolution of August 17,1965 (79 STAT.
543), is amended by changing "$6,000,000" to "$24,000,000."
(25) Thaddeus Kosciuszko Home National Historic Site,
Pennsylvania: Section 3 of the Act of October 21,1972 (86 STAT.
1046), is amended by changing "$592,000" to "$742,000".
(26) Tuskegee Institute National Historic Site, Alabama:
Section 104(e) of the Act of October 26,1974 (88 STAT.1463), is
amended by changing "$2,722,000" to "$2,862,000".
(27) Wiskeytown-Shasta-Trinity National Recreation Area,
California: Section 10 of the Act of November 8,1965 (79 STAT.
1295),
// 16 USC 460q-9 //
is amended by changing "$22,700,000" to "$24,649,000".
(28) William Howard Taft National Historic Site, Ohio: Section
3 of the Act of December 2,1969 (83 STAT 273) is amended by
changing "$318,000" to "$1,888,000".
(29) Wilson's Creek National Battlefield, Missouri: Section 3
of the Act of December 16,1970 (84 STAT. 1441),
// 16 USC 430mm. //
is amended by changing "$2,285,000 (March 1969 prices)," to
"$5,640,000.", and deleting the remaining portion of the sentence
following the period.
SEC. 201. The limitations on appropriatons for the acquisition of
lands and interests therein within certain units of the National Park
System are amended as follows:
(1) Big Cypress National Preserve, Florida: section 8 of the
Act of October 11,1974 (88 STAT. 1258),
// 16 USC 698m. //
is amended by changing "$116,000,000" to "$156,700,000".
(2) Buffalo National River, Arkansas: Section 7 of the Act of
March 1,1972 (86 STAT. 44),
// 16 USC 460m-14. //
is amended by changing "$30,071,500" to "$39,948,000".
(3) Cumberland Island National Seashore, Georgia: Section 10
of the Act of October 23,1972 (86 STAT. 1066),
// 16 USC 459i-9 //
is amended by changing "$10,500,000" to "$28,500,000".
Sec. 202. Section 13 of the Act of August 22,1972 (86 STAT. 612), //
16 USC 460aa-12. // is amended by changing "$19,802,000" to
"$47,802,000".
Sec. 301. The boundaries of the following units of the National Park
System are revised as follows, and there are authorized to be
appropriated such sums as may be necessary, but not exceed the amounts
specfied in the following paragraphs for acquisitions of lands and
interests in lands within areas added by reason of such revisions:
(1) Bent's Old Fort National Historic Site, Colorado: To add
approximately six hundred and twenty-two acres as generally
depicted on the map entitled " Boundary Map, Bent's Old Fort
National Historic Site, Colorado", numbered 417-80,0007-A, and
dated June 1976: "$842,000.
(2) Cape Cod National Seashore, Massachusetts: To add
approximately thirteen acres and to delete approximately sixteen
acres as generally depicted on the map entitled " Cape Cod
National Seashore Boundary Map", numbered 609-60,015 and dated
February 1978.
(3) Chiricahua National Monument, Arizona: To add
approximately four hundred and forty acres as generally depicted
on the map entitled " Boundary Map Chiricahua National Monument,
Arizona", numered 145-80,002, and dated August 1977: $294,000.
(4) Coronado National Memorial, Arizona: To add approximately
three thousand and forty acres and delete approximately twelve
hundred acres as generally depicted on the map entitled " Land
Status Map 01, Coronado National Memorial, Cochise County
Arizona", numered 8630/80,001, and dated October 1977:
$1,410,000.
(5) Eisenhower National Historic Site, Pennsylavania: To add
approximately one hundred ninety-five and eighty-three
one-hundredths acres as generally depicted on the map entitled "
Boundary Map, Eisenhower National Historic Site, Adams County,
Pennsylvania", numbered 446-40,001 B, and dated April 1978:
$166,000.
(6) Fort Caroline National Memorial, Florida: To add
approximately ten acres as generally depicted on the map entitled
" Boundary Map Fort Caroline National Memorial, Florida", numered
5310/80,000-A, and dated April 1978: $170,000.
(7) George Washington Birthplace National Monument, Virginia:
To add approximately eighty-two and twenty-five one-hundredths
acres as generally depicted on the map entitled " Boundary Map,
George Washington Birthplace National Memorial, Virginia", numered
332-30,000-B and dated September 1978: $450,000.
(8) Great Sand Dunes National Monument, Colorado: To add
approximately one thousand one hundred and nine acres as generally
depicted on the map entitled " Boundary Map, Great Sand Dunes
National Monument, Colorado", numbered 140-80,001-A. and dated
November 1974: $166,000.
(9) Gulf Islands National Seashore, Mississippi-Florida: To
add approximately six hundred acres as generally depicted on the
map entitled " Boundary Map, Gulf Islands National Seashore,
Mississippi-Florida", numbered 20,006, and dated April 1978:
$300,000.
(10) Hawaii Volcanoes National Park, Hawaii: To add
approximately two hundred sixty-nine acres as generally depicted
on the map entitled " Boundary Map, Hawaii Volcanoes National
Park, Hawaii", numbered 80,000, and dated August 1975: $562,000.
(11) John Day Fossil Beds National Monument, Oregon: To add
approximately one thousand four hundred and eleven acres, and to
delete approximately one thousand six hundred and twenty acres as
generally depicted on the map entitled " Boundary Map, John Day
Fossil Beds National Monument, Oregon",numbered 177-30,000-B, and
dated May 1978: $3,500,000. The Act of October 26,1974 (88 STAT.
1461), which designates the John Day Fossil Beds National Monument
is amended by deleting the second proviso of section 101(a)(2).
Furthermore, not withstanding any other provision of law to the
contrary, the Secretary may, if he determines that to do so will
not have a substantial adverse effect on the preservation of the
fossil and other resources within the remainder of the monument,
convey approximately sixty acres acquired by the United States for
purposes of the monument in exchange for non-Federal lands within
the boundaries of the monument, and, efective upon such
conveyance, the boundaries of the monument are hereby revised to
exclude the lands conveyed.
(12) Monocacy National Battlefield, Maryland: To add
approxmately five hundred and eighty-seven acres as generally
depicted on the map entitled, " Boundary Map, Monocacy National
Battlefield", numbered 894-40,001, and dated May 1978:
$3,500,000.
(13) Montezuma Castle National Monument, Arizona: To add
approximately thirteen acres and to delete approximately five
acres as generally depicted on the map entitled " Montezuma Castle
National Monument, Arizona", numbered 20,006, and dated April
1978.
(14) Oregon Caves National Monument, Oregon: To add
approximately eight acres as generally depicted on the map
entitled " Oregon Cave, Oregon", numbered 20,000, and dated April
1978: $107,000.
(15) Salem Maritime National Historic Site, Massachusetts: To
add approximately fifteen one-hundredths of an acre as generally
depicted on the map entitled " Salem Maritime National Historic
Site Boundary Map", numbered 373-80,010, and dated february 1978:
$67,500.
(16) Theodore Roosevelt National Memorial Park, North Dakota:
To add approximately one hundred and forty-six acres, and delete
approximately one hundred and sixty acres as generally depicted on
map entitled " Boundary Map Theodore Roosevelt National Memorial
Park-North Unit Mc Kenzie County/ North Dakota", numbered
387/80,020, and dated July 1977.
(17) Tumacacori National Monument, Arizona: To add
approximately seven acres, and delete approximately eleven-
hundredths of an acre as generally depicted on the map entitled "
Boundary Map, Tumacacori National Monument, Arizona", numbered
311-80,009-A, and dated March 1978: $24,000.
(18)(A) Tuzigoot National Monument, Arizona: To add
approximately seven hundred and ninety-one acres as generally
depicted on the map entitled " Master Proposal, Tuzigoot National
Monument", numbered 378-30,000 D, and dated January 1973:
$1,350,000.
(B) The Secretary is authorized to acquire by donation,
purchase
with donated or appropriated funds, exchange or otherwise
and subject to such terms, reservations, conditions applied to the
acquired lands as he may deem satisfactory, the lands and
interests in lands that are included within the boundaries of the
Tuzigoot National Monument as revised by this paragraph. When so
acquired, they shall be administered in accordance with provisions
of law generally applicable to units of the National Park System,
including the Act of August 25,1916 (39 STAT. 535).
// 16 USC 1 //
(C) In exercising his authority to acquire such lands and
interests in lands by exchange, the Secretary may accept title to
any non-Federal property within the boundaries of the national
monument and in exchange therefor he may convey to the grantor of
such property any federally owned property under his jurisdiction
in the State of Arizona. The values of the properties so
exchanged either shall be approximately equal, or if they are not
approximately equal the values shall be equalized by the payment
of cash to the grantor or to the Secretary as the circumstances
require.
(19) White Sands National Monument, New Mexico: To add
approximately three hundred and twenty acres, and delete
approximately seven hundred and sixty acres as generally depicted
on the map entitled " Boundary Map, White Sands, National
Monument, New Mexico", numbered 142/20,010-A, and dated November
1973.
(20) William Howard Taft National Historic Site, Ohio: To add
approximately three acres as generally depicted on the map
entitled " Boundary Map, William Howard Taft National Historic
Site, Ohio", numbered 448-40,021, and dated January 1977.
(21) Wind Cave National Park, South Dakota: To add
approximately two hundred and twenty-eight acres as generally
depicted on the map entitled " Boundary Map, Wind Cave National
Park, South Dakota", numbered 108-80,008, and dated July 1977:
$227,000.
Sec. 302. Within twelve months after the date of the enactment of
this Act, the Secretary shall publish in the Federal Register a detailed
map or other detailed description of the lands added or excluded from
any area pursuant to section 301.
Sec. 303. (a) Within the boundaries of the areas as revised in
accordance with section 301, the Secretary is authorized to acquire
lands and interests therein by donation, purchase with donated or
appropriated funds, exchange, or transfer from any other Federal agency.
Lands and interests therein so acquired shall become part of the area
to which they are added, and shall be subjected to all laws, rules, and
regulations applicable thereto. When acquiring any land pursuant to
this title, the Secretary may acquire any such land subject to the
retention of a right of use and occupancy for a term not to exceed
twenty-five years or for the life of the owner or owners. Lands owned by
a State or political subdivision thereof may be acquired only by
donation.
(b)(1) Lands and interests therein deleted from any area pursuant to
section 301 may be exchanged for non-Federal lands within the revised
boundaries of such area, or transferred to the jurisdiction of any other
Federal agency or to a State or political subdivision thereof, without
monetary consideration, or be administered as public lands by the
Secretary, as the Secretary may deem appropriate.
(2) In exercising the authority contained in this section with
respect to lands and interests therein deleted from any such area which
were acquired from a State, the Secretary may, on behalf of the United
States transfer to such State exclusive or concurrent legislative
jurisdiction over such lands subject to such terms and conditions as he
may deem appropriate, to be effective upon acceptance thereof by the
State.
(c) It is the established policy of Congress that wilderness,
wildlife conservation, and park and recreation values of real property
owned by the United States be conserved, enhanced, and developed. It is
further declared to be the policy of Congress that unutilized,
underutilized, or excess Federal real property be timely studied as to
suitability for wilderness, wildlife conservation, or park and
recreation purposes. To implement this policy, the Secretary, the
Administrator of General Services, and the Director of the Office of
Management and Budget shall establish a system with appropriate
procedures to permit the Secretary full and early opportunity to make
such studies and propose appropriate recommendations to disposing
agencies for consideration in connection with determinations of further
utilization or disposal of such property under existing law. Each
affected executive agency is authorized and directed to provide to the
Secretary such advice and information relating to such studies as the
Secretary may request.
Sec. 304. The authorities in this title are supplementary to any
other authorities available to the Secretary with respect to the
acquisition, development, and administration of the areas referred to in
section 301.
PARK
Sec. 305. The Act of July 21,1955 (69 STAT. 376) // 16 USC 397-397b,
397d. // is hereby amended to redesignate the City of Refuge National
Historical Park as the Puuhonua o Honaunau National Historical Park.
Sec. 306. The lot on Black Hammock Island, identified by warranty
deed numbered 70-56,903, recorded among the land records of Duval
County, Florida, on November 23, 1970, owned by the Federal Government,
shall, pursuant to the Act of December 18,1967 (81 Stat. 656; 16 U.S.
C. 19g, 19h), be deeded to the National Park Foundation to be sold at
fair market value. The proceeds of such sale shall be remitted to the
National Park Service for land acquisition and development of the Fort
Caroline National Memorial.
Sec. 307. (a) The Secretary is authorized to revise the boundaries of
the Allegheny Portage Railroad National Historic Site and the Johnstown
Flood National Memorial in Pennsylvania to add approximately five
hundred and twenty-six acres and sixty-seven acres respectively.
Sections 302 and 303 of this Act shall be applicable to such boundary
revision.
(b) In addition to amounts otherwise available for such purposes
there are authorized to be appropriated not more than $2,743,000 for
land acquisition and $4,280,000 for development to carry out the
purposes of this section.
Sec. 308. (a) The first section of the Act entitle " An Act to revise
the boundaries and change the name of the Fort Laramie National
Monument, Wyoming, and for other purposes", approved April 29, 1960 (74
Stat. 83), // 16 USC 426k. // is amended to read as follows: " That in
order to preserve the sites of historic buildings and roads associated
with Fort Laramie the boundaries of the Fort Laramie National Historic
Site shall hereafter comprise the area generally depicted on the map
entitled ' Boundary Map, Fort Laramie National Historic Site', numbered
375-90,001, and dated September 1977. The map shall be on file and
available for public inspection in the office of the National Park
Service, Department of the Interior".
(b) The first sentence of section 2 of such Act is amended by
inserting between the words "boundary" and "described" the phrase "as
depicted on the map.".
Sec. 309. (a) The first section of the Act entitled " An Act to
authorize establishment of the Fort Union Trading Post National Historic
Site, North Dakota and Montana, and for other purposes", approved June
20, 1966 (80 STAT. 211), is amended by deleting "located in Williams
County, North Dakota, and such additional lands and interests in lands
in Williams County, North Dakota, and Roosevelt County, Montana," and
inserting in lieu thereof "located in the States of North Dakota and
Montana," and by deleting "400 acres" and inserting in lieu thereof "450
acres as generally depicted on the map entitled ' Fort Union Trading
Post, Montana-North Dakota', numbered 436-80,025, and dated February
1977".
(b) Section 4 of such Act // 80 Stat. 211 // is amended by deleting
"$613,000 for the acquisition of lands and interests in lands and for
the development" and inserting in lieu thereof "$280,000 for the
acquisition of lands and $4,416,000 for development: Provided further,
That the Secretary is directed to study the possible reconstruction of
the historic remains of Fort Union, and the Secretary is further
directed to transmit to the Congress, within one year of the enactment
of this Act, a recommendation on the reconstruction of the fort based on
historic documentation.".
NATIONAL
HISTORICAL PARK
Sec. 310. (a) Section 2(a) of the Boston National Historical Park Act
of 1974 (88 Stat. 1184) // 16 USC 410z. // is amended--,
(1) in paragraph (6) by striking out "and" at the end thereof;
(2) in paragraph (7) by striking out the period and inserting
in lieu thereof ";and"; and
(3) by inserting at the end thereof the following new
paragraph:
"(8) Dorchester Heights, Boston.".
(b) Section 3(a) of such Act // 16 USC 410z.-1. // is amended--,
(1) in paragraph (3) by inserting "and" after the semicolon;
(2) by striking out "(4) Dorchester Heights; and"; and
(3) by striking out "(5)" and inserting in lieu thereof "(4)".
(c) There are authorized to be appropriated such sums as may be
necessary for the acquisition of lands or interests in lands designated
by subsection (a) of this section // 16 USC 410z // as a component of
the Boston National Historical Park, and for the development of such
component.
(d) Section 2(d) of such Act is amended by deleting the period at the
end of the last sentence and inserting: "and the Secretary is
authorized to grant, in accordance with such terms and conditions as he
deems necessary and consistent with the purposes of this Act, easements
and rights-of-way to the Commonwealth of Massachusetts or any political
subdivision thereof including the Boston Redevelopment Authority for
purposes of the vehicular, pedestrian and utility access to that portion
of the Boston Navy Yard outside the boundaries of the Park. Such grants
of easements and rights-of-way shall be upon the express condition that
the grantee convey to the United States the property known as Building
No. 107, being a part of the Boston Navy Yard and owned by the Boston
Redevelopment Authority.".
Sec. 311. Section 2 // 16 USC 450mm-1. // of the Act of May 29,1958
(72 STAT. 153; 16 U.S.C. 450mm-1), is amended to read as follows:
" Sec. 2. The Secretary of the Interior shall designate for inclusion
in Fort Clatsop National Memorial land and improvements thereon located
in Clatsop County, Oregon, which are associated with the winter
encampment of the Lewis and Clark Expedition, known as Fort Clatsop,
including the site of the salt cairn (specifically, lot number 18, block
1, Cartwright Park Addition of Seaside, Oregon) utilized by that
expedition and adjacent portions of the old trail which led overland
from the fort to the coast: Provided, That the total area so designated
shall contain no more than one hundred and thirty acres.".
Sec. 312. (a) In order to preserve for the benefit, education, and
inspiration of present and future generations the birthplaces of John
Adams and John Quincy Adams, the Secretary is authorized to accept the
conveyance, without monetary consideration, of the property known as the
John Adams Birthplace at 133 Franklin Street, and the property known as
the John Quincy Adams Birthplace at 141 Franklin Street, in Quincy,
Massachusetts, together with such adjacent real property as may be
desirable, for administration as part of the Adams National Historic
Site in Quincy, Massachusetts. Together with, or following such
conveyance, the Secretary is authorized to accept the conveyance,
without monetary consideration, of furnishings and personal property
relating to such birthplaces, after consultation with appropriate
officials of the city of Quincy and with the owner or owners of such
furnishings and personal property.
(b) The Secretary shall administer the properties acquired pursuant
to subsection (a) of this section as part of the Adams National Historic
Site in accordance with this section and the provisions of law generally
applicable to national historic sites, including the Act of August 25,
1916 (39 Stat. 535) // 16 USC 1 // and the Act of August 21, 1935 (49
Stat. 666). // 16 USC 461 //
BATTLEFIELD
Sec. 313. (a) The Secretary is authorized to acquire the historic
Eppes Manor, and such other lands adjacent thereto, not to exceed
twenty-one acres, for addition to the Petersburg National Battlefield,
as generally depicted on the map entitled " Petersburg National
Battlefield, Virginia", numbered APMA 80,001, and dated May 1978.
(b) There are hereby authorized to be appropriated not to exceed
$2,200,000 to carry out the purposes of this section.
NATIONAL PARK
Sec. 314. // 16 USC 45f. // (a) it is the purpose of this section
to--,
(1) assure the preservation for this and future generations of
the outstanding natural and scenic features of the area commonly
known as the Mineral King Valley and previously designated as the
Sequoia National Game Refuge; and
(2) enhance the ecological values and public enjoyment of such
area by adding such area to the Sequoia National Park.
(b)(1) in order to add to the Sequoia National Park (hereinafter in
this section referred to as the "park") a certain area known as Mineral
King Valley possessing unique natural and scenic values, there is hereby
established as part of such park all lands, waters and interests
therein, constituting approximately sixteen thousand two hundred acres
designated before the date of the enactment of this Act as the Sequoia
National Game Refuge and as depicted on the drawing entitled " Boundary
Map, Sequoia-Kings Canyon National Park", numbered 102-90,000 and dated
April 1975. A copy of such drawing shall be on file and available for
public inspection in the office of the Director, National Park Service,
Department of the Interior. After advising the Committee on Interior and
Insular Affairs of the United States House of Representatives and the
Committee on Energy and Natural Resources of the United States Senate in
writing, the Secretary is authorized to make minor revisions of the
boundaries of the park when necessary by publication of a revised
drawing or other boundary description in the Federal Register.
(2) The Sequoia National Game Refuge is hereby abolished and the
Secretary of Agriculture shall transfer, without consideration, to the
administrative jurisdiction of the Secretary, the area constituting such
refuge, and any unexpended funds available for purposes of management of
the refuge shall be available for purposes of management of the park.
(c)(1) Within the boundaries of the area added to the park pursuant
to this section, the Secretary may acquire lands and interests in lands
by donation, purchase with donated or appropriated funds, exchange, or
transfer from other Federal departments or agencies.
(2) Where the private use of any property acquired pursuant to this
subsection would, in the judgment of the Secretary, be compatible with
the purposes of this section, the Secretary may, as a condition of such
acquisition, permit the owner or owners of such property to retain for
themselves and their successors or assigns rights of use and occupancy.
Such rights of use and occupancy shall be for not more than twenty-five
years or for a term ending at the death of the owner or his or her
spouse, whichever is later. The owner shall reserve such rights and
elect the term to be reserved on the date of acquisition of the
property. Except for so much of the property as is donated, the
Secretary shall pay to the owner the fair market value of the property
on the date of its acquisition, less the fair market value on that date
of the right retained by the owner.
(3) A right of use and occupancy retained pursuant to paragraph (2)
may be terminated by the Secretary upon his determination that the
property or any portion thereof is being used in a manner which is
incompatible with the purposes of this section. Such right shall
terminate by operation of law upon notification by the Secretary to the
holder of the right of such determination and tendering to him the
amount equal to the fair market value of that portion which remains
unexpired as of the date of such tender. In the case of any property
which was used for noncommercial purposes during the ten calendar years
immediately preceding the enactment of this Act, the commercial use of
such property subsequent to the enactment of this Act shall be treated
as incompatible with the purposes of this section. In the case of any
property which was used for commercial purposes at any time during the
ten calendar years immediately preceding the enactment of this Act, any
substantial change or expansion of such commercial use subsequent to the
enactment of this Act without the express approval of the Secretary
shall be treated as incompatible with such purposes.
(4) In exercising his authority to acquire property under this
section, the Secretary shall give prompt and careful consideration to
any offer made by an individual owning property within the park to sell
such property if such individual notifies the Secretary that the
continued ownership of such property is causing, or would result in,
undue hardship. Nothing in this section, or in any other provision of
law, shall prevent the Secretary from exercising his authority to
acquire property referred to in this subsection at any time after the
date of the enactment of this Act.
(5) If any individual tract or parcel of land acquired is partly
inside and partly outside the boundaries of the park the Secretary may,
in order to minimize the payment of severance damages, acquire the whole
of the tract or parcel.
(6) If the management plan prepared under subsection (e) provides for
improved access to the area added to the park under this section, the
Secretary is authorized to acquire, by donation, purchase with donated
or appropriated funds, exchange or transfer from other Federal
departments or agencies, the area comprising the road from State Route
198 to, and within, the Mineral King Valley together with a right-of-way
for such road of a width sufficient to include improvements to the road
and all bridges, ditches, cuts, and fills appurtenant thereto, but not
exceeding a maximum average width of two hundred feet. Property
acquired from the State or any political subdivision thereof may be
acquired by donation only. With regard to routes of access to and
within the Mineral King Valley, the Secretary shall take such measures
as are necessary to protect against the effects of siltation on the
ecosystem of the park.
(7) The Secretary shall report to the committees of the Congress
named in subsection (b)(1) the action taken by him pursuant to this
subsection. Such report shall contain information sufficient to inform
such committees of--,
(A) the acquisitions made by him pursuant to this subsection
during the period covered by such report;
(B) his reasons why all of such property authorized to be
acquired and not so acquired as of the date of such report, if
any, have not been acquired; and
(C) his schedule of a timetable for the acquisition of such
property referred to in subparagraph (B).
such report shall be submitted before the expiration of the second
fiscal year beginning after the date on which the comprehensive
management plan is submitted to the committees of Congress pursuant to
subsection (e).
(d)(1) The area added to the park by this section shall be
administered in accordance with this section and the provisions of law
generally applicable to units of the National Park System including the
Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. and following) and the
Act of September 25, 1890 (26 Stat. 478; 16 U.S.C. 41 and following).
Any other statutory authority available to the Secretary for the
conservation and management of wildlife, wildlife habitat, and natural
resources may be utilized to the extent he finds such authority will
further the purposes of this section.
(2)(A) Except in the case of a lease or permit which the Secretary
determines to be incompatible with the administration of the park
pursuant to this section, any lease or permit on Federal land within the
area added to the park under this section which is in effect immediately
before the enactment of this Act shall continue in effect pursuant to
its terms and conditions following the expansion of the park under this
section.
(B) In the case of a lease or permit which is continued under
subparagraph (A), upon notice to the Secretary by the lessee or
permittee of his intention to seek renewal or extension of such lease or
permit, the lease or permit shall be reviewed by the Secretary, and may
be renewed or extended for an additional period of five year. Any such
lease or permit shall be reviewed at the end of such renewal or
extension period and may also be renewed or extended in the same manner
for additional five-year periods thereafter. Any renewals or extensions
of leases or permits shall be granted only to those persons who were
lessees or permittees of record on the date of enactment of this Act,
and any such lease or permit shall provide that the lease or permit may
be terminated by the Secretary at any time if the Secretary determines
that such lease or permit is incompatible with the administration of the
park pursuant to this section or that the land is needed for park
purposes.
(3) The Act of December 14, 1974 (88 Stat. 1660) is amended by
inserting the following new section after section 4:
" Sec. 5. // 16 USC 45a-1 // Notwithstanding any other provision of
law, any federally owned lands incorporated within the boundaries of
Sequoia National Park subsequent to the date of enactment of this Act,
which entail project works, developments, lands, or facilities which are
components of Federal Power Commission Project Numbered 298, shall be
subject to all provisions of this Act.".
(e)(1) Within two years from the date of enactment of this Act, // 16
USC 45f. // the Secretary, in cooperation with the State of California,
shall develop and submit to the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate, a
comprehensive management plan for the area added to the park under this
section. In the preparation of such plan, the Secretary shall give
appropriate consideration to the need for the development of additional
recreational opportunities and other public uses which are consistent
with sound environmental management of the area and the policies of the
National Park Service.
(2)(A) In preparing the comprehensive management plan required by
this subsection and in preparing any subsequent revision of such plan,
the Secretary shall provide for full public participation and shall
consider the comments and views of all interested agencies,
organizations, and individuals.
(B) For purposes of insuring such full public participation, the
Secretary shall provide reasonable advance notice to State and local
governments, interested Federal agencies, private organizations, and the
general public of hearings, workshops, meetings, and other opportunities
available for such participation. Such notice shall be published in
newspapers of general circulation in the localities affected by the
development and management of the park, published in the Federal
Register, and communicated by other appropriate means. The Western
Regional Advisory Committee of the National Park Service (or a
subcommittee thereof) shall also be utilized for purposes of
facilitating public involvement.
(C) The Secretaries or Directors of all Federal departments, agencies
and commissions having a relevant expertise are hereby authorized and
directed to cooperate with the Secretary in his development of such plan
and to make such studies as the Secretary may request on a cost
reimbursable basis.
(D) In preparing the comprehensive management plan required by this
subsection, the Secretary shall consider technical information and other
pertinent data assembled or produced by field studies or investigations
conducted separately or jointly by the technical and administrative
personnel of the Federal and State agencies involved in order to insure
the permanent conservation of wildlife within the area added to the park
by this section. Except in emergencies, rules and regulations
pertaining to the management of wildlife within the area added to the
park by this section shall be put into effect only after consultation
with the State of California.
(f) There are hereby authorized to be appropriated such sums as may
be necessary for the acquisition of land and interests therein described
in this section.
(g) Effective upon the transfer referred to in subsection (b)(2),
Public Law 85-648 (72 Stat. 604; 16 U.S.C. 45a-3) and section 6 of the
Act of July 3, 1926 (44 Stat. 821; 16 U.S.C. 688) // 16 USC 688 // are
hereby repealed. The repeal of such section 6 shall not be construed to
prohibit or prevent the Secretary from exercising any authority
applicable to the national parks respecting the protection of birds,
game, or other wild animals.
(h) The Congress recognizes that the Mineral King Valley area has
outstanding potential for certain year-round recreational opportunities,
but the development of permanent facilities for downhill skiing within
the area would be inconsistent with the preservation and enhancement of
its ecological values.
Sec. 315. (a) Section 2(a) of the Act of December 27, 1974, entitled
" An Act to provide for the establishment of the Cuyahoga Valley
National Recreation Area" (88 Stat. 1784) // 16 USC 460ff-1. // is
amended by striking out " Boundary Map, Cuyahoga Valley National
Recreation Area, Ohio, numbered 90,000-A, and dated September 1976," and
inserting in lieu thereof " Boundary Map, Cuyahoga Valley National
Recreation Area, Ohio, numbered 90,001-A, and dated May 1978,".
(b) Section 6(a) of such Act // 16 USC 460ff-5. // is amended by
striking out "$41,100,000" and inserting in lieu thereof "$70,100,000".
(c) The first sentence of section 6(b) of such Act is amended to read
as follows: " For the development of the recreation area, including
improvements of properties acquired for purposes of this Act, there is
authorized to be appropriated not more than $13,000,000".
(d) Section 2(e) of such Act is amended by adding the following at
the end thereof: " In applying this subsection with respect to lands
and interests therein added to the recreation area by action of the
Ninety-fifth Congress, the date ' January 1, 1978,' shall be substituted
for the date ' January 1, 1975,' in each place it appears.".
(e) Section 4(f) of such Act // 16 USC 460ff-3 // is amended by
inserting "(or intergovernmental organization)" after "local government"
in each place it appears and by adding the following new sentence at the
end thereof: " Assistance under this subsection may include payments
for technical aid.".
(f) Section 2(a) is further amended by striking the period at the end
thereof and adding the following, " Provided, That with respect to the
property known as the Hydraulic Brick Company located in Independence,
Ohio, the Secretary shall have the first right of refusal to purchase
such property for a purchase price not exceeding the fair market value
of such property on the date it is offered for sale. When acquired such
property shall be administered as part of the recreation area, subject
to the laws and regulations applicable thereto.".
Sec. 316. Section 2(a) of the Act // 16 USC 460o-1. // entitled " An
Act to authorize establishment of the Delaware Water Gap National
Recreation Area, and for other purposes", approved September 1, 1965 (79
Stat. 612) is amended by adding the following at the end thereof:
"beginning on the date of the enactment of the National Parks and
Recreation Act of 1978, the Secretary of the Interior is authorized to
acquire for purposes of the recreation area established under this Act
all lands and interests therein within the exterior boundaries of the
area depicted on the drawing referred to in this subsection (including
any lands within such exterior boundaries designated for acquisition by
the Secretary of the Army in connection with the project referred to in
this subsection). In exercising such authority, the Secretary of the
Interior may permit the retention of rights of use and occupancy in the
same manner as provided in the case of acquisitions by the Secretary of
the Army under subsection (d). On the date of enactment of the National
Parks and Recreation Act of 1978, the acquisition authorities of any
other Federal agency contained in the subsection shall terminate and the
head of any other Federal agency shall transfer to the Secretary of the
Interior jurisdiction over all lands and interests therein acquired by
said agency under the authority of the Act, or any other authority of
law which lands are within the exterior boundaries of the area depicted
on the drawing referred to in this subsection. On the date of enactment
of the National Parks and Recreation Act of 1978, all unexpended
balances available to any other Federal agency for acquisition of land
within the exterior boundaries referred to in the preceding sentence
shall be transferred to the Secretary of the Interior to be used for
such purposes. In carrying out his acquisition authority under this
section the Secretary shall give priority to the following:
"(1) completion of acquisition of lands for which condemnation
proceedings have been started pursuant to the authorization of the
project referred to in this subsection;
"(2) acquisition of lands of beneficial owners, not being a
corporation,
who in the judgment of the Secretary would suffer
hardship if acquisition of their lands were delayed;
"(3) acquisition of lands on which, in the judgment of the
Secretary,
there is an imminent danger of development that would
be incompatible with the purposes of the recreation area;
"(4) acquisition of lands of beneficial owners, not being a
corportion, who are willing to sell their lands provided they are
able to continue to use it for noncommercial residential purposes
for a limited period of time which will not, in the judgment of
the Secretary, unduly interfere with the development of public use
facilities for such national recreation area, pursuant to the
authorization for such area;
"(5) acquisition of scenic easements when, in the judgment of
the Secretary, such easements are sufficient to carry out the
purposes for which such national recreation area was authorized;
and
"(6) acquisition of lands necessary to preserve the integrity
of the recreation area.".
SEC. 317. (a) Subsection 2(a) of the Act of October 27, 1972 (86
Stat. 1299), // 16 USC 460bb-1. // as amended (16 U.S.C. 459), is
further amended to read as follows: "(a) The recreation area shall
comprise the lands, waters, and submerged lands generally depicted on
the map entitled: ' Revised Boundary Map, Golden Gate National
Recreation Area', numbered NRA-GG-80,003-K and dated October 1978. The
authority of the Secretary to acquire lands in the tract known as San
Francisco Assessor's Block number 1592 shall be limited to an area of
not more than one and nine-tenths acres. Notwithstanding any other
provision of this Act, the Secretary shall not acquire the Marin County
Assessor's parcels numbered 199-181-01, 199-181-06, 199-181-08,
199-181--13, and 199-181-14, located in the Muir Beach portion of the
recreation area.".
(b) Section 3(i) of such Act // 16 USC 460bb-2. // is amended to
read as follows:
"(i) New construction and development within the boundaries described
in section 2(a) on lands under the administrative jurisdiction of a
department other than that of the Secretary is prohibited, except that
improvements on lands which have not been transferred to his
administrative jurisdiction may be reconstructed or demolished. Any such
structure which is demolished may be replaced with an improvement of
similar size, following consultation with the Secretary or his
designated representative, who shall conduct a public hearing at a
location in the general vicinity of the area, notice of which shall be
given at least one week prior to the date thereof. The foregoing
limitation on construction and development shall not apply to expansion
of those facilities known as Letterman General Hospital or the Western
Medical Institute of Research.".
(c) Subsection 3(j) of such Act is amended to read as follows:
"(j) The owner of improved residential property or of agricultural
property on the date of its acquisition by the Secretary under this Act
may, as a condition of such acquisition, retain for himself and his or
her heirs and assigns a right of use and occupancy for a definite term
of not more than twenty-five years, or, in lieu thereof, for a term
ending at the death of the owner or the death of his or her spouse,
whichever is later. The owner shall elect the term to be reserved.
Unless the property is wholly or partly donated to the United States,
the Secretary shall pay to the owner the fair market value of the
property on the date of acquisition minus the fair market value on that
date of the right retained by the owner. A right retained pursuant to
this section shall be subject to termination by the Secretary upon his
or her determination that it is being exercised in a manner inconsistent
with the purposes of this Act, and it shall terminate by operation of
law upon the Secretary's notifying the holder of the right of such
determination and tendering to him or her an amount equal to the fair
market value of that portion of the right which remains unexpired.
Where appropriate in the discretion of the Secretary, he or she may
lease federally owned land (or any interest therein) which has been
acquired by the Secretary under this Act, and which was agricultural
land prior to its acquisition. Such lease shall be subject to such
restrictive covenants as may be necessary to carry out the purposes of
this Act. Any land to be leased by the Secretary under this section
shall be offered first for such lease to the person who owned such land
or who was a leaseholder thereon immediately before its acquisition by
the United States.".
(d) In subsection 3(k) of such Act, following " June 1, 1971." insert
"or, in the case of areas added by action of the Ninety-fifth Congress,
October 1, 1978,"; and at the end of the subsection, add the following
new sentence: " The term 'agricultural property' as used in this Act
means lands which are in regular use for agricultural, ranching, or
dairying purposes as of January 1, 1978, together with residential and
other structures related to the above uses of the property as such
structures exist on said date."
(e) Section 3 of such Act is amended by adding the following at the
end thereof:
"(n) The Secretary shall accept and shall manage in accordance with
this Act, any land and improvements adjacent to the recreation area
which are donated by the State of California or its political
subdivisions. The boundaries of the recreation area shall be changed to
include such donated lands.
"(o) In acquiring those lands authorized by the Ninety-fifth Congress
for the purposes of this Act, the Secretary may, when agreed upon by the
landowner involved, defer payment or schedule payments over a period of
ten years and pay interest on the unpaid balance at a rate not exceeding
that paid by the Treasury of the United States for borrowing purposes.".
(f) Section 4 of such Act // 16 USC 460bb-3. // is amended by adding
the following at the end thereof:
"(e) No fees or admission charges shall be levied for admission of
the general public to the recreation area except to portions under lease
or permit for a particular and limited purpose authoorized by the
Secretary. The Secretary may authorize reasonable charges for public
transportation and, for a period not exceeding five years from the date
of enactment of this legislation, for admission to the sailing vessel
Balclutha.
"(f) notwithstanding any other provisions of law, in the
administration of those parcels of property known as Haslett Warehouse,
Cliff House Properties and Louis' Restaurant, the Secretary shall credit
any proceeds from the rental of space in the aforementioned properties
to the appropriation, if any, bearing the cost of their administration,
maintenance, repair and related expenses and also for the maintenance,
repair and related expenses of the vessels and the adjacent piers
comprising the National Maritime Museum, for major renovation and park
rehabilitation of those buildings included in the Fort Mason Foundation
Cooperative Agreement, and for a coordinated public and private access
system to and within the recreation area and other units of the national
park system in Marin and San Francisco Counties: Provided, That surplus
funds, if any, will be deposited into the Treasury of the United States:
Provided further, That notwithstanding any other provision of law, in
the administration of said parcels the Secretary may, if he deems
appropriate, enter into a contract for the management of said parcels of
property with such terms and conditions as will protect the Government's
interest, with excess funds being used as set forth above.".
(g) Section 5(b) of such Act // 16 USC 460bb-4. // is amended by
changing the word "fifteen" to "seventeen".
Sec. 318. (a) Section 2(a) of the Act // 16 USC 459c-1. // of
September 13, 1962 (76 Stat. 538) as amended (16 U.S.C. 459) is further
amended as follows:
" Sec. 2. (a) The Point Reyes National Seashore shall consist of the
lands, waters, and submerged lands generally depicted on the map
entitled ' Boundary Map, Point Reyes National Seashore', numbered
612-80,008-E and dated May 1978.
" The map referred to in this section shall be on file and available
for public inspection in the Offices of the National Park Service,
Department of the Interior, Washington, District of Columbia. After
advising the Committee on Interior and Insular Affairs of the United
States House of Representatives and the Committee on Energy and Natural
Resources of the United States Senate in writing, the Secretary may make
minor revisions of the boundaries of the Point Reyes National Seashore
when necessary by publication of a revised drawing or other boundary
description in the Federal Register.".
(b) Section 5(a) of such Act // 16 USC 459c-5. // is amended to read
as follows:
" SEC. 5. (a) The owner of improved property or of agricultural
property on the date of its acquisition by the Secretary under this Act
may, as a condition of such acquisition, retain for himself and his or
her heirs and assigns a right of use and occupancy for a definite term
of not more than twenty-five years, or, in lieu thereof, for a term
ending at the death of the owner or the death of his or her spouse,
whichever is later. The owner shall elect the term to be reserved.
Unless the property is wholly or partly donated to the United States,
the Secretary shall pay to the owner the fair market value of the
property on the date of acquisition minus the fair market value on that
date of the right retained by the owner. A right retained pursuant to
this section shall be subject to termination by the Secretary upon his
or her determination that it is being exercised in a manner inconsistent
with the purposes of this Act, and it shall terminate by operation of
law upon the Secretary's notifying the holder of the right of such
determination and tendering to him or her an amount equal to the fair
market value of that portion of the right which remains unexpired.
Where appropriate in the discretion of the Secretary, he or she may
lease federally owned land (or any interest therein) which has been
acquired by the Secretary under this Act, and which was agricultural
land prior to its acquisition. Such lease shall be subject to such
restrictive covenants as may be necessary to carry out the purposes of
this Act. Any land to be leased by the Secretary under this section
shall be offered first for such lease to the person who owned such land
or was a leaseholder thereon immediately before its acquisition by the
United States.".
(c) In subsection 5(b) of such Act, following " September 1, 1959,"
insert "or, in the case of areas added by action of the Ninety-fifth
Congress, May 1, 1978,"; and at the end of the subsection, add the
following new sentence: " The term 'agricultural property' as used in
this Act means lands which were in regular use for, or were being
converted to agricultural, ranching, or dairying purposes as of May 1,
1978, together with residential and other structures related to the
above uses of the property.".
(d) Section 5 of such Act is amended by adding the following new
subsection (c) to read as follows:
"(c) In acquiring those lands authorized by the Ninety-fifth Congress
for the purposes of this Act, the Secretary may, when agreed upon by the
landowner involved, defer payment or schedule payments over a period of
ten years and pay interest on the unpaid balance at a rate not exceeding
that paid by the Treasury of the United States for borrowing purposes.".
(e) Section 8 of such Act // 16 USC 459c-7. // is renumbered section
9 and the following new section is inserted after section 7:
" SEC. 8. The Secretary shall cooperate with the Bolinas Public
Utilities District to protect and enhance the watershed values within
the seashore. The Secretary may, at his or her discretion, permit the
use and occupancy of lands added to the seashore by action of the
Ninety-fifth Congress by the utilities district for water supply
purposes, subject to such terms and conditions as the Secretary deems
are consistent with the purposes of this Act.".
SEC. 319. (a) In furtherance of the purposes of the Act // 16 USC
430oo. // entitled " An Act to provide for the protection and
preservation of the Antietam Battlefield in the State of Maryland",
approved April 22, 1960 (74 Stat. 79), and other Acts relative thereto,
the Secretary is hereby authorized to acquire only scenic easements over
the additional lands generally depicted on the map entitled " Boundary
Map, Antietam National Battlefield, Washington County, Maryland,"
numbered 302-80,005-A and dated June 1977.
(b) The Antietam National Battlefield Site established pursuant to
such Act of April 22, 1960, // 16 USC 430nn. // including only scenic
easements acquired pursuant to subsection (a) of this section, is hereby
redesignated the " Antietam National Battlefield". The boundaries of
such battlefield are hereby revised to include the area generally
depicted on the map referenced in subsection (a) of this section, which
shall be on file and available for public inspection in the offices of
the National Park Service, Department of the Interior.
SEC. 320. Section 8(b) of the Act of January 8, 1971 (84 Stat.
1978) is amended by changing "$20,400,000" to "$28,400,000". The
boundaries of the park are revised to include approximately 600
additional acres: Provided, however, That such additions shall not
include any properties located between 30th Street and Thomas Jefferson
Street in the northwest section of the District of Columbia.
CULTURE
NATIONAL MONUMENT
SEC. 321. (a) The first section of the Act of August 31, 1965 (79
Stat. 587) is amended by adding at the end thereof the following: " The
national monument shall comprise the area generally depicted on the map
entitled ' Boundary Map Alibates Flint Quarries', numbered 432-80,021,
and dated November 1976. Minor boundary adjustments may be made from
time to time by the Secretary.".
(b) Section 3 of such Act is amended by deleting "$260,000" and
inserting "$4,291,000" in lieu thereof.
(c) The Act of August 31, 1965 (79 Stat. 587) // 16 USC 431 // is
hereby amended to redesignate the Alibates Flint Quarries and Texas
Panhandle Pueblo Culture National Monument as the Alibates Flint
Quarries National Monument.
SEC. 322. (a) Subsection 1(b) of the Act of September 11, 1964 (78
Stat. 928), // 16 USC 459e. // as amended, is further amended to read
as follows:
"(b) The boundaries of the national seashore shall extend from the
easterly boundary of the main unit of Robert Moses State Park eastward
to Moriches Inlet and shall include not only Fire Island proper, but
also such islands and marshlands in the Great South Bay, Bellport Bay,
and Moriches Bay adjacent to Fire Island as Sexton Island, West Island,
Hollins Island, Ridge Island, Pelican Island, Pattersquash Island, and
Reeves Island and such other small and adjacent islands, marshlands, and
wetlands as would lend themselves to contiguity and reasonable
administration within the national seashore and in addition, the waters
surrounding said area to distances of one thousand feet in the Atlantic
Ocean and up to four thousand feet in Great South Bay and Moriches Bay
and, in addition, mainland terminal and headquarters sites, not to
exceed a total of twelve acres, on the Patchogue River within Suffolk
County, New York, all as delineated on a map identified as ' Fire Island
National Seashore', numbered OGP-0004, dated May 1978. The Secretary
shall publish said map in the Federal Register, and it may also be
examined in the offices of the Department of the Interior.".
(b) Section 2 of such Act // 16 USC 459e-1. // is amended by adding
the following new subsection at the end thereof:
"(g) The authority of the Secretary to condemn undeveloped tracts
within the Dune District as depicted on map entitled ' Fire Island
National Seashore' numbered OGP-0004 dated May, 1978, is suspended so
long as the owner or owners of the undeveloped property therein maintain
the property in its natural state. Undeveloped property within the Dune
District that is acquired by the Secretary shall remain in its natural
state.".
(c) Section 7(b) of such Act // 16 USC 459e-6 // is amended by
striking the phrase " Brookhaven town park at", and inserting in lieu
thereof: " Ocean Ridge portion of".
(d) Section 10 of such Act // 16 USC 459e-9. // is amended by
striking "$18,000,000", and inserting in lieu thereof "$23,000,000".
SEC. 323. Section 1 of the Act of October 23, 1972 (86 Stat. 1066),
// 16 USC 459i. // is amended by changing the phrase "numbered
CUIS-40,000B, and dated June 1971,", to read "numbered CUIS 40,000 D,
and dated January 1978,".
SEC. 401. The following lands are hereby designated as wilderness in
accordance with section 3(c) of the Wilderness Act (78 Stat. 890; 16
U.S.C. 1132(c), // 16 USC 1132 // and shall be administered by the
Secretary in accordance with the applicable provisions of the Wilderness
Act: // 16 USC 1131 //
(1) Buffalo National River, Arkansas, wilderness comprising
approximately ten thousand five hundred and twenty-nine acres and
potential wilderness additions comprising approximately
twenty-five thousand four hundred and seventy-one acres depicted
on a map entitled " Wilderness Plan, Buffalo National River,
Arkansas", numbered 173-20,036-B and dated March 1975, to be known
as the Buffalo National River Wilderness.
(2) Carlsbad Caverns National Park, New Mexico, wilderness
comprising approximately thirty-three thousand one hundred and
twenty-five acres and potential wilderness additions comprising
approximately three hundred and twenty acres, depicted on a map
entitled " Wilderness Plan, Carlsbad Caverns National Park, New
Mexico," numbered 130-20,003-B and dated January 1978, to be known
as the Carlsbad Caverns Wilderness. By January 1, 1980, the
Secretary shall review the remainder of the park and shall report
to the President, in accordance with section 3 (c) and (d) of the
Wilderness Act (78 Stat. 891; 16 U.S.C. 1132 (c) and (d)), his
recommendations as to the suitability or nonsuitability of any
additional areas within the park for preservation as wilderness,
and any designation of such areas as wilderness shall be
accomplished in accordance with said subsections of the Wilderness
Act.
// 16 USC 1131 //
(3) Everglades National Park, Florida, wilderness comprising
approximately one million two hundred and ninety-six thousand five
hundred acres and potential wilderness additions comprising
approximately eighty-one thousand nine hundred acres, depicted on
a map entitled " Wilderness Plan, Everglades National Park,
Florida", numbered 160-20,011 and dated June 1974, to be known as
the Everglades Wilderness.
(4) Guadalupe Mountains National Park, Texas, wilderness
comprising approximately forty-six thousand eight hundred and
fifty acres, depicted on a map entitled " Wilderness Plan,
Guadalupe Mountains National Park, Texas", numbered 166-20,006-B
and dated July 1972, to be known as the Guadalupe Mountains
Wilderness.
(5) Gulf Islands National Seashore, Florida, and Mississippi,
wilderness comprising approximately one thousand eight hundred
acres and potential wilderness additions comprising approximately
two thousand eight hundred acres, depicted on a map
entitled " Wilderness Plan, Gulf Islands National Seashore,
Mississippi, Florida", numbered 635-20,018-A and dated March 1977,
to be known as the Gulf Islands Wilderness.
(6) Hawaii Volcanoes National Park, Hawaii, wilderness
comprising approximately one hundred and twenty-three thousand one
hundred acres and potential wilderness additions comprising
approximately seven thousand eight hundred and fifty acres,
depicted on a map entitled " Wilderness Plan, Hawaii Volcanoes
National Park, Hawaii", numbered 124-20,020 and dated April 1974,
to be known as the Hawaii Volcanoes Wilderness.
(7) Organ Pipe Cactus National Monument, Arizona, wilderness
comprising approximately three hundred and twelve thousand six
hundred acres and potential wilderness additions comprising
approximately one thousand two hundred and forty acres, depicted
on a map entitled " Wilderness Plan, Organ Pipe Cactus National
Monument, Arizona", numbered 157-20,001-B and dated October 1978,
to be known as the Organ Pipe Cactus Wilderness.
(8) Theodore Roosevelt National Memorial Park, North Dakota,
wilderness comprising approximately twenty-nine thousand
nine hundred and twenty acres, depicted on maps entitled
" Theodore Roosevelt National Memorial Park, North Dakota" (North
Unit and South Unit) numbered 387-20,007-E and dated January 1978,
to be known as the Theodore Roosevelt Wilderness.
SEC. 402. A map and description of the boundaries of the areas
designated in this title shall be on file and available for public
inspection in the office of the Director of the National Park Service,
Department of the Interior, and in the Office of the Superintendent of
each area designated in this title. As soon as practicable after this
Act takes effect, maps of the wilderness areas and descriptions of their
boundaries shall be filed with the Committee on Interior and Insular
Affairs of the House of Representatives and the Committee on Energy and
Natural Resources of the United States Senate, and such maps and
descriptions shall have the same force and effect as if included in this
Act: Provided, That correction of clerical and typographical errors in
such maps and descriptions may be made.
SEC. 403. // 16 USC 1131 // Any lands which represent potential
wilderness additions in this title, upon publication in the Federal
Register of a notice by the Secretary that all uses thereon prohibited
by the Wilderness Act have ceased, shall thereby be designated
wilderness. Lands designated as potential wilderness additions shall be
managed by the Secretary insofar as practicable as wilderness until such
time as said lands are designated as wilderness.
SEC. 404. The areas designated by this Act as wilderness shall be
administered by the Secretary of the Interior in accordance with the
applicable provisions of the Wilderness Act governing areas designated
by that Act as wilderness, except that any reference in such provisions
to the effective date of the Wilderness Act shall be deemed to be a
reference to the effective date of this Act, and, where appropriate, any
reference to the Secretary of Agriculture shall be deemed to be a
reference to the Secretary of the Interior.
SEC. 405. Nothing in this title shall be construed to diminish the
authority of the Coast Guard, pursuant to sections 2 and 81 of title 14,
United States Code, and title 1 of the Ports and Waterways Safety Act of
1972 (33 U.S.C. 1221), or the Federal Aviation Administration to use the
areas designated wilderness by this Act within the Everglades National
Park, Florida; and the Gulf Islands National Seashore, Florida and
Mississippi, for navigational and maritime safety purposes.
SEC. 501. (a) The Secretary through the Director of the National Park
Service, shall revise and update the National Park Service study of the
Guam National Seashore and, after consultation with the Secretary of the
Department of Defense and the Governor of Guam, shall transmit the
revised study within two years to the Committee on Energy and Natural
Resources of the Senate and the Committee on Interior and Insular
Affairs of the House of Representatives including his recommendations
and a series of options for congressional consideration each of which--,
(1) will encompass the area from Ajayan Bay to Nimitz Beach
including Cocos and Anac Islands and extending inland as far as
the Fena Valley Reservoir and Mount Sasalaguan, and
(2) if implemented, will afford protection to the natural and
historic resources of the area as well as providing visitor access
and interpretive services.
(b) The Secretary, and the Secretary of the Department of Defense,
shall take such actions as they may deem appropriate within their
existing authorities to protect the resource values of the submerged
lands within the area of the study referred to in subsection (a) of this
section.
SEC. 502. (a) // 16 USC 471i. // The Congress finds that--,
(1) the Pinelands area in New Jersey, containing approximately
1,000,000 acres of pine-oak forest, extensive surface and ground
water resources of high quality, and a wide diversity of rare
plant and animal species, provides significant ecological,
natural, cultural, recreational, educational, agricultural, and
public health benefits;
(2) there is a national interest in protecting and preserving
these benefits for the residents of and visitors to the area;
(3) a primary responsibility for protecting and enhancing these
benefits resides with the State of New Jersey and the various
local units of government having jurisdiction over the area;
(4) in view of the longstanding Federal practice of assisting
the States in creating, protecting, preserving, and enhancing
areas of significant regional and urban importance, and in view of
the national significance of this resource, the Federal Government
has an interest in assisting the State of New Jersey and its local
units of government in fulfilling their reponsibilities and in
avoiding adverse Federally approved or assisted impacts before
these responsibilities can be undertaken;
(5) the State of New Jersey and its local units of government
have authority to prevent or minimize adverse uses of the land and
water resources of the Pinelands area and can, to a great extent,
protect the health, safety, and general welfare by the use of such
authority; and
(6) there is a demonstrated need to protect, preserve and
enhance the land and water resources of the Pinelands area through
a new program which combines the capabilities and resources of the
local, State and Federal governments and the private sector and
provides an alternative to large-scale direct Federal acquisition
and management in cases where such acquisition and management is
inappropriate.
(b) The purposes of this section are--,
(1) to protect, preserve and enhance the significant values of
the land and water resources of the Pinelands area;
(2) to encourage and assist the State of New Jersey and its
units of local government in the development of a comprehensive
management plan for the Pinelands area in order to assure orderly
public and private development in the area consistent with the
findings of this section;
(3) to provide, during the development of this comprehensive
plan, Federal financial assistance for the acquisition of lands in
the Pinelands area that have critical ecological values which are
in immediate danger of being adversely affected or destroyed;
(4) to encourage and assist the State and its units of local
government in developing a governmental mechanism to implement
this comprehensive plan, and to provide Federal financial
assistance for the acquisition of lands consistent with the
comprehensive plan;
(5) to encourage adequate coordination of all government
programs affecting the land and water resources of the Pinelands
area.
(c) There is hereby established the Pinelands National Reserve which
shall consist of the approximately 1,000,000-acre area generally
depicted on the map entitled " Pinelands National Reserve Boundary Map"
numbered NPS/80,011 A and dated September 1978. Within the Pinelands
National Reserve, there is hereby established the Federal Project Review
Area, which shall consist of the approximately 486,000 acre area also
depicted on the map. The map shall be on file and available for public
inspection in the offices of the Department of the Interior in
Washington, and in the offices of the State of New Jersey planning
entity established pursuant to subsection (d), and in locations
throughout the Pinelands National Reserve as determined by the planning
entity.
(d) Within thirty days after the date of enactment of this section,
the Secretary of the Interior (hereinafter referred to as the "
Secretary") shall request of Governor of the State of New Jersey to
establish, within ninety days of such request, a planning entity to
develop a comprehensive management plan for the Pinelands National
Reserve. In order to carry out the purposes of this section, such
planning entity shall be composed of fifteen members to be appointed as
follows: one member appointed by the Secretary; one member from each
of the seven counties in the Pinelands National Reserve to be appointed
by the respective governing bodies of each county; and seven members to
be appointed by the Governor. The membership of the planning entity
shall include residents of the Pinelands National Reserve who represent
economic activities such as agriculture in the area, as well as
residents of New Jersey who represent conservation interests. The
Secretary shall provide technical assistance and grants to the State for
the development of the plan or revisions thereof: Provided, That such
grants shall not exceed 75 percent of the cost of developing the plan,
shall be made only upon application of the Governor, on behalf of the
planning entity, and shall be subject to such other conditions as the
Secretary may deem appropriate to assure State and local interim
protection of the area.
(e) During the development of the management plan, the planning
entity shall:
(1) consult with appropriate officials of any local government
or State or Federal agency which has jurisdiction over lands and
waters within the area;
(2) consult with the officials of any local government which
has jurisdiction over lands and waters within areas delineated in
accordance with subsection (f) (2) (B);
(3) consult with interested professional, scientific and
citizen organizations;
(4) consult with a citizens advisory committee which may be
established by the Governor; and
(5) conduct public hearings at places within the area, and at
such other places as may be appropriate, for the purpose of
providing interested persons with an opportunity to express their
views with respect to matters covered by the management plan.
(f) The comprehensive management plan for the Pinelands National
Reserve shall include, but need not be limited to--,
(1) A resource assessment which:
this
section with special reference to (i) ground and
surface
water supply and quality; (ii) natural hazards,
including
fire; (iii) endangered, unique and unusual plants and
animals
and biotic communities; (iv) ecological factors
relating to
the protection and enhancement of blueberry and
cranberry
production and other agricultural activity; (v) air
quality;
and (vi) other appropriate considerations affecting the ecological
integrity of the area; and
cultural,
open space, ad outdoor recreation resources of the area
together with a determination of overall policies
required to
maintain and enhance these resources.
(2) A map showing the detailed boundary of the Pinelands
National Reserve, such map to delineate:
the Pinelands
National Reserve; and
recreational
significance.
(3) A land use capability map and a comprehensive statement of
policies for land use management of the area which:
land
and water protection and management techniques,
including
but not limited to, zoning and regulation derived from
State
and local police powers, development and use standards
and
permit systems, acquisition of conservation easements
and
other interests in land, public access agreements with
private
landowners, purchase of land for resale or lease-back,
fee
acquisition of public recretion sites and ecologically
sensitive
areas and any other method of land and water protection
and management which will help meet the goals and carry
out the policies of the management plan;
police
power responsibilities to the greatest extent
practicable to
regulate the use of land and water resources in a manner
consistent with the purposes of this section; and
area
and provide for the protection and enhancement of such
activities as farming, forestry, proprietary
recreational
facilities, and those indigenous industries and
commercial
and residential developments which are consistent with
the
findings and purposes of this section.
(4) A coordination and consistency component which details the
ways in which local, State and Federal programs and policies may
best be coordinated to promote the goals and policies of the
management plan, and which details how land, water and structures
managed by governmental or nongovernmental entities in the public
interest within the area may be integrated into the management
plan.
(5) A public use component including, among other items, a
detailed program to educate the public concerning appropriate uses
of the area.
(6) a financial component, together with a cash flow timetable,
which:
of taxes,
general administrative costs, and any anticipated
extraordinary
or continuing costs; and
costs,
including, but not limited to, grants, donations and
loans
from local, State, and Federal departments and
agencies, and
from the private sector.
(7) A program to provide for the maximum feasible local
government and public participation in the management of the
Pinelands National Reserve.
(8) A program for State and local governmental implementation
of the comprehensive management plan in a manner that will insure
the continued, uniform, consistent protection of this area in
accord with the purposes of this section.
(9) In conjunction with existing State programs and planning
processes, a plan to implement the provisions of the Clean Water
Act
// 33 USC 1251 //
and the Safe Drinking Water Act
// 42 USC 201 //
which pertain to the surface and ground waters of the Pinelands
National Reserve.
(g)(1) The State of New Jersey, throught the planning entity, shall
adopt and submit to the Secretary a comprehensive management plan within
eighteen months after the date that funds are first provided for its
preparation under subsection (d). In the event the State fails to
submit the plan within such time period, the Secretary may obtain
reimbursement or offset from the State of all Federal funds previously
granted under this section. The Secretary shall, within ninety days
after the date the plan is submitted to him, either approve or
disapprove the plan. Should the Secretary fail to act on the proposed
plan within ninety days, the plan shall be regarded as approved. Upon
approval, the Secretary shall submit the plan to the Congress for a
period of ninety days prior to implementation.
(2) In determining whether or not to approve the management plan, the
Secretary shall consider whether:
(A) the planning entity has afforded adequate opportunity,
including public hearings, for public and governmental involvement
in the preparation and review of the plan, and whether such review
and comment thereon were considered in the plan or revision as
presented to him;
(B) he has received adequate assurances from appropriate State
officials that the recommended implementation program identified
in the plan will be initiated within a reasonable time after the
date of approval of the plan and such program will insure
effective implementation of the State and local aspects of the
plan;
(C) provision is made for the participation of a Federal
representative in the implementation program;
(D) the plan requires the exercise of police power
responsibilities to the greatest extent practicable to regulate
the use of land and water resources in a manner consistent with
the purposes of this section;
(E) the plan, if implemented, would adequately protect the
significant natural, ecological, agricultural, scenic, cultural
and recreational resources of the Pinelands National Reserve and,
consistent with such protection, provide adequate and appropriate
outdoor recreational opportunities and economic activities within
the area;
(F) the plan provides for the Governor of the State of New
Jersey to exercise effective and continuing oversight over its
implementation; and
(G) after consultation with the Secretary of Defense, the
national defense mission of the military installations within,
contiguous or adjacent to the Pinelands National Reserve has been
adequately provided for.
(3) If the Secretary disapproves the management plan or a revision
thereof, he shall, within sixty days after the date of such disapproval,
advise the planning entity in writing of the reasons therefor, together
with his recommendations for revision. The State of New Jersey, through
the planning entity shall, within one hundred and twenty days after
receipt by the planning entity of notification of such disapproval,
revise and resubmit the plan to the Secretary who shall approve or
disapprove a proposed revision within sixty days after the date it is
submitted to him. Should the Secretary fail to act on a proposed
revision within sixty days, the revision shall be considered as
approved.
(4) The Secretary shall consider a plan revision in accordance with
the procedure set forth in paragraph (2). Such revisions must be
consistent with the purposes of this section.
(5) In the event that the planning entity fails to obtain approval of
the plan by the Secretary within thirty-six months after the date funds
are first provided under subsection (d) for development of the plan, the
Secretary shall terminate all Federal assistance for and participation
in the development of such plan, and may obtain reimbursement or offset
from the State of New Jersey of all Federal funds previously granted
under this section.
(6) The Secretary shall provide technical assistance for and monitor
at periodic intervals the implementation of the approved management
plan. A local jurisdiction or the State shall obtain the approval of
the Secretary prior to any modification of the approved plan. The
Secretary shall consider a plan revision in accordance with the
procedure set forth in paragraph (2). Such revisions must be consistent
with the purposes of this section. Any jurisdiction that implements
changes to the approved management plan, or adopts or acquiesces in
changes to laws, regulations, or policies adopted to implement such
plan, without approval of the Secretary, may be liable for reimbursement
or offset of all Federal funds previously granted to it under this
section without regard to such additional terms and conditions or other
requirements of law that may be applicable to such grants.
(h)(1)(A) During the development of the management plan, the
Secretary is authorized to make grants to the State of New Jersey for
the acquisition of lands and waters or interests therein within the
Pinelands National Reserve that he determines, in consultation with the
State planning entity, have critical ecological values which are in
immediate danger of being adversely affected or destroyed.
(B) The grants authorized by subsection (h)(1)(A) together with the
grants made under paragraph (4) of this subsection, shall (i) be made in
a manner consistent with the requirements of the Land and Water
Conservation Fund Act; // 16 USC 460l-4 // (ii) not exceed 75 percent
of the total cost of all property acquired by the State pursuant to this
subsection; (iii) be supplemental to any other Federal financial
assistance for any other program; and (iv) be subject to such
additional terms and conditions as the Secretary may deem necessary to
effectuate the purposes of this section.
(2) In the event the State elects not to make acquisitions as
authorized under subsection (h)(1), the Secretary, during the
development of the management plan, is authorized to acquire such lands,
waters or interests therein by donation, purchase with donated or
appropriated funds, exchange, or otherwise, and to administer such
property under the laws generally applicable to units of the National
Park System or National Wildlife Refuge System in a manner to carry out
the purposes of this section.
(3) After his approval of the management plan, the Secretary (A) is
authorized to convey property acquired purrsuant to subsection (h) (2)
to State or local authorities in accordance with the management plan,
under such terms and conditions as he may deem appropriate, which shall
include (i) a requirement that where the Secretary transfers land
acquired with appropriated funds, the State or local government shall
repay not less than 25 percent of the cost of such lands to the
Secretary under such terms and conditions as he may deem appropriate,
and (ii) a retention of a right of reversion of title to the United
States, and (B) shall accept from the State those lands acquired
pursuant to subsection (h)(1), which are identified in the management
plan as being appropriate for Federal ownership and management:
Provided, That the Secretary shall reimburse to the State such sums as
are necessary to (i) cover 100 percent of the original cost of
acquisition as to each parcel of land so transferred and (ii) assure
that as to the remainder of lands acquired pursuant to subsection (h)(
1) not transferred under this subsection, the total Federal land
acquisition cost does not exceed 75 percent of the purchase price of
such lands.
(4) Upon approval of the management plan, the Secretary is authorized
to make grants for the acquisition within the Pinelands National Reserve
of lands and waters or interests therein in a manner consistent with the
management plan. All applications for such grants shall be made within
ten years from the date of implementation of the management plan.
(i) During the development of the management plan for the Pinelands
National Reserve, all applications for Federal assistance under programs
covered by Part I of OMB Circular A-95 and direct Federal actions
covered by Part II of OMB Circular A-95 within the Federal Project
Review Area generally depicted on the map referred to in subsection (c)
which involve the construction of housing, industrial parks, highways,
or sewage or water treatment facilities shall be reviewed by the
planning entity, upon receipt from the New Jersey State A-95
Clearinghouse (hereinafter referred to as the Clearinghouse). If the
planning entity finds that such application or proposed action would
have no adverse impact on the resources and ecological values of the
Federal Project Review Area, the planning entity shall so notify the
Clearinghouse. If the planning entity does not so find, Congress
authorizes the planning entity to notify the Clearinghouse and other
affected parties that such application or proposed action shall not
proceed pending further review, and the planning entity shall forward
such application or notice of proposed action to the Secretary. Any such
application or proposed action which the Secretary determines would be
significantly adverse to the purposes of this section shall not proceed
while the management plan is being developed. The review process
established under this subsection shall begin upon the appropriation of
funds under subsection (k).
(j) Nothing in this section shall be construed to limit or prohibit
any Federal action ordered by a court of competent jurisdiction or
directed by a Federal agency as essential for the protection of public
health or safety, for national security or defense, or for the
maintenance of environmental values within the Pinelands National
Reserve or the Federal Project Review Area.
(k) There is authorized to be appropriated not to exceed $26 million
to carry out the provisions of this section. Not to exceed $3 million
shall be available for planning: Provided, That any funds not used for
planning shall be available for land acquisition; Provided further,
That $23,000,000 shall be made available for land acquisition, as
authorized by this section. Such appropriations may be made from the
general fund of the Treasury or from revenues due and payable to the
United States under the Outer Continental Shelf Lands Act, as amended,
// 43 USC 331 // which would otherwise be credited to miscellaneous
receipts.
SEC. 503. // 16 USC 461 // (a) In recognition of the literary
importance attained by Edgar Allan Poe, there is hereby authorized to be
established the Edgar Allen Poe National Historic Site.
(b) The Secretary is authorized to acquire by donation, purchase or
exchange the lands and buildings within the area described in subsection
(c). The lands and buildings acquired by the Secretary under this
section shall comprise the Edgar Allan Poe National Historic Site and
shall be administered by the Secretary through the National Park
Service. The Secretary shall administer, maintain, protect, and develop
the site subject to the provisions of law generally applicable to
national historic sites.
(c) The lands and buildings specified in subsection (b) comprise that
area of Philadelphia, Pennsylvania, known as the Poe House complex and
includes the house at the rear of 530 North Seventh Street, the
adjoining three-story brick residence on the front of the land backing
up to and including the building at 532 North Seventh Street, and the
North Garden of approximately seven thousand and eighty square feet and
the South Garden of approximately nine thousand three hundred and fifty
square feet.
(d) As soon as the Secretary finds that a substantial portion of the
acquisition authorized under subsection (b) has been completed, he shall
establish the Edgar Allan Poe National Historic Site by publication of
notice thereof in the Federal Register.
(e) There are hereby authorized to be appropriated such sums as are
necessary to carry out the provisions of this section.
SEC. 504. // 16 USC 461 // (a) In order to preserve and protect Saint
Paul's Church, Eastchester, in Mount Vernon, New York, for the benefit
of present and future generations, the Secretary may accept any gift or
bequest of any property or structure which comprises such church and any
other real or personal property located within the square bounded by
South Columbus Avenue, South Third Avenue, Edison Avenue, and South
Fulton Avenue, in Mount Vernon, New York, including the cemetary located
within such square and any real property located within such square
which was at any time a part of the old village green, now in Mount
Vernon, New York.
(b) Any property acquired under subsection (a) shall be administered
by the Secretary acting through the National Park Service, in accordance
with this section and provisions of law generally applicable to units of
the National Park System, including the Act approved August 25, 1916 (16
U.S.C. 1 and following) and the Act approved August 21, 1935. // 16 USC
461 // The Secretary, in carrying out the provisions of such Acts (i)
shall give particular attention to assuring the completion of such
structural and other repairs as he considers necessary to restore and
preserve any property acquired in accordance with this section, and (ii)
may enter into cooperative agreements with other public or private
entities for the management, protection, development, and
interpretation, in whole or in part, of the property so acquired.
SEC. 505. // 16 USC 396d. // (a) In order to provide a center for
the preservation, interpretation, and perpetuation of traditional native
hawaiian activities and culture, and to demonstrate historic land use
patterns as well as to provide a needed resource for the education,
enjoyment, and appreciation of such traditional native hawaiian
activities and culture by local residents and visitors, there is
established the Kaloko-Honokohau National Historical Park (hereinafter
in this section referred to as the "park") in Hawaii comprising
approximately one thousand three hundred acres as generally depicted on
the map entitled " Kaloko-Honokohau National Historical Park," numbered
KHN-80,000, and dated May 1978, which shall be on file and available for
public inspection in the appropriate offices of the National Park
Service, Department of the Interior.
7b) Except for any lands owned by the State of Hawaii or its
subdivisions, which may be acquired only by donation, the Secretary is
authorized to acquire the lands described above by donation, exchange,
or purchase through the use of donated or appropriated funds,
notwithstanding any prior restriction of law.
(c) The Secretary shall administer the park in accordance with this
section and the provisions of law generally applicable to units of the
national park system, including the Acts approved August 25, 1916 (39
Stat. 535; 16 U.S.C. 461-467), and August 21, 1935 (49 Stat. 666; 16
U.S.C. 461 et seq.), and generally in accordance with the guidelines
provided in the study report entitled " Kaloko-Honokohau" prepared by
the Honokohau Study Advisory Commission and the National Park Service,
May 1974, GPO 690-514.
(d)(1) In administering the park the Secretary may provide
traditional native Hawaian accommodations.
(2) The Secretary shall consult with and may enter into a cooperative
management agreement with the State of Hawaii for the management of the
submerged lands within the authorized park boundary, following the
marine management policies of the State of Hawaii.
(3) Commercial, recreational, and subsistence fishing and shoreline
food gathering activities as well as access to and from the Honokohau
small boat harbor by motor boats and other water craft shall be
permitted wherever such activities are not inconsistent with the
purposes for which the park is established, subject to regulation by the
Secretary.
(4) The Secretary shall consult with and may enter into agreements
with other governmental entities and private landowners to establish
adequate controls on air and water quality and the scenic and esthetic
values of the surrounding land and water areas. In consulting with and
entering into any such agreements, the Secretary shall to the maximum
extent feasible utilize the traditional native Hawaiian Ahupua's concept
of land and water management.
(e) In carrying out the purposes of this section the Secretary is
authorized and directed as appropriate to employ native Hawaiians. For
the purposes of this section, native Hawaiians are defined as any lineal
descendants of the race inhabiting the Hawaiian Islands prior to the
year 1778.
(f)(1) There is hereby established the Kaloko-Honokohau Na Hoa Pili O
Kaloko-Honokohau (The Friends of Kaloko-Honokohau), an Advisory
Commission for the park. The Commission shall be composed of nine
members, appointed by the Secretary, at least five of whom shall be
selected from nominations provided by native Hawaiian organizations.
All members of the Commission shall be residents of the State of Hawaii,
and at least six members shall be native Hawaiians. Members of the
Commission shall be appointed for five-year terms except that initial
appointment(s) shall consist of two members appointed for a term of five
years, two for a term of four years, two for a term of three years, two
for a term of two years, and one for a term of one year. No member may
serve more than one term consecutively.
(2) The Secretary shall designate one member of the Commission to be
Chairman. Any vacancy in the Commission shall be filled by appointment
for the remainder of the term.
(3) Members of the Commission shall serve without compensation. The
Secretary is authorized to pay the expenses reasonably incurred by the
Commission in carrying out its responsibilities under this section on
vouchers signed by the Chairman.
(4) The Superintendent of the park, the National Park Service State
Director, Hawaii, a person appointed by the Governor of Hawaii, and a
person appointed by the mayor of the county of Hawaii, shall serve as ex
officio nonvoting members of the Commission.
(5) The Commission shall advise the Director, National Park Service,
with respect to the historical, archeological, cultural, and
interpretive programs of the park. The Commission shall afford
particular emphasis to the quality of traditional native Hawaiian
culture demonstrated in the park.
(6) The Commission shall meet not less than twice a year. Additional
meetings may be called by the Chairman.
(7) The Advisory Commission shall terminate ten years after the date
of enactment of this Act.
(g) There are hereby authorized to be appropriated not to exceed
$25,000,000 for acquisition and $1,000,000 for development.
SEC. 506. // 16 USC 461 // (a) In order to preserve and commemorate
for the benefit and enjoyment of present and future generations an area
of unique historical significance as one of only two important battles
of the Mexican War fought on American soil, the Secretary is authorized
to establish the Palo Alto Battlefield National Historic Site in the
State of Texas.
(b) For the purposes of tyhis section, the Secretary is authorized to
acquire by donation, purchase, or exchange, not to exceed fifty acres of
lands and interests therein, comprising the initial unit, in the
vicinity of the site of the battle of Palo Alto, at the junction of Farm
Roads 1847 and 511, 6.3 miles north of Brownsville, Texas. The
Secretary shall complete a stucy and recommend to the Congress such
additions as are required to fully protect the historic integrity of the
battlefield by June 30, 1979. The Secretary shall establish the
historic site by publication of a notice to that effect in the Federal
Register at such time as he determines that sufficient property to
constitute an administrable unit has been acquired. Pending such
establishment and thereafter, the Secretary shall administer the
property acquired pursuant to this section in accordance with this
section and provisions of law generally applicable to units of the
National Park System, including the Act of August 25, 1916 (30 Stat.
535) // 16 USC 1 // and the Act of August 21, 1935 (49 Stat. 666). // 16
USC 461 //
(c) There are authorized to be appropriated such sums as may be
necessary for lands and interests in lands and $200,000 for development
to carry out the provisions of this section.
SEC. 507. // 16 USC 460kk. // (a) The Congress finds that--,
(1) there are significant scenic, recreational, educational,
scientific, natural, archeological, and public health benefits
provided by the Santa Monica Mountains and adjacent coastline
area;
(2) there is a national interest in protecting and preserving
these benefits for the residents of and visitors to the area; and
(3) the State of California and its local units of government
have authority to prevent or minimize adverse uses of the Santa
Monica Mountains and adjacent coastline area and can, to a great
extent, protect the health, safety, and general welfare by the use
of such authority.
(b) There is hereby established the Santa Monica Mountains National
Recreation Area (hereinafter referred to as the "recreation area"). The
Secretary shall manage the recreation area in a manner which will
preserve and enhance its scenic, natural, and historical setting and its
public health value as an airshed for the Southern California
metropolitan area while providing for the recreational and educational
need of the visiting public.
(c)71) The recreation area shall consist of the lands and waters and
interests generally depicted as the recreation area on the map entitled
" Boundary Map, Santa Monica Mountains Natural Recreation Area,
California, and Santa monica Mountains Zone", numbered SMM-NRA 80,000,
and dated May 1978, which shall be on file and available for inspection
in the offices of the National Park Service, Department of the Interior,
Washington, District of Columbia, and in the offices of the General
Services Administration in the Federal Office Building in West Los
Angeles, California, and in the main public library in Ventura,
California. After advising the Committee on Interior and Insular
Affairs of the United States House of Representatives and the Committee
on Energy and Natural Resources of the United States Senate, in writing,
the Secretary may make minor revisions of the boundaries of the
recreation area when necessary by publication of a revised drawing or
other boundary description in the Federal Register.
(2) Not later than ninety days after the date of enactment of this
Act, the Secretary, after consultation with the Governor of the State of
California, the California Coastal Commission, and the Santa Monica
Mountains Comprehensive Planning Commission, shall commence acquisition
of lands, improvements, waters, or interests therein within the
recreation area. Such acquisition may be by donation, purchase with
donated or appropriated funds, transfer from any Federal agency,
exchange, or otherwise. Any lands or interests therein owned by the
State of California or any political subdivision thereof (including any
park district or other public entity) may be acquired only by donation,
except that such lands acquired after the date of enactment of this
section by the State of California or its political subdivisions may be
acquired by purchase or exchange if the Secretary determines that the
lands were acquired for purposes which further the national interest in
protecting the area and that the purchase price or value on exchange
does not exceed fair market value on the dat that the State acquired the
land or interest: Provided, however, That the value of any lands
acquired by the Secretary under the exception in this sentence shall be
deducted from the amount of moneys available for grants to the State
under subsection (n) of this section. Notwithstanding any other
provision of law, any Federal property located within the boundaries of
the recreation area shall, with the concurrence of the head of the
agency having custody thereof, be transferred without cost, to the
administrative jurisdiction of the Secretary for the purposes of the
recreation area.
(3) The Administrator of the General Services Administration is
hereby authorized and directed to transfer the site generally known as
Nike Site 78 to the Secretary for inclusion in the recreation area:
Provided, That the county of Los Angeles shall be permitted to continue
to use without charge the facilities together with sufficient land as in
the determination of the Secretary shall be necessary to continue to
maintain and operate a fire suppression and training facility and shall
be excused from payment for any use of the land and facilities on the
site prior to the enactment of this Act. At such time as the county of
Los Angeles, California, relinquishes control of such facilities and
adjacent land or ceases the operation of the fire suppression and
training facility, the land and facilities shall be managed by the
Secretary as a part of the recreation area.
(d)(1) Within six months after the date of enactment of this Act, the
Secretary shall identify the lands, waters, and interests within the
recreation area which must be acquired and held in public ownership for
the following critical purposes: preservation of beaches and coastal
uplands; protection of undeveloped inland stream drainage basins;
connection of existing State and local government parks and other
publicly owned lands to enhance their potential for public recreation
use; protection of existing park roads and scenic corridors, including
such right-of-way as is necessary for the protection of the Mulholland
Scenic Parkway Corridor; protection of the public health and welfare;
and development and interpretation of historic sites and recreation
areas in connection therewith, to include, but not be limited to, parks,
picnic areas, scenic overlooks, hiking trails, bicycle trails, and
equestrian trails. The Secretary may from time to time revise the
identification of such areas, and any such revisions shall become
effective in the same manner as herein provided for revisions in the
boundaries of the recreation area.
(2) By January 1, 1980, the Secretary shall submit, in writing, to
the committees referred to in subsection (c) and to the Committees on
Appropriations of the United States Congress a detailed plan which shall
indicate--,
(A) the lands and areas identified in paragraph (1),
(B) the lands which he has previously acquired by purchase,
donation, exchange, or transfer for the purpose of this recreation
area.
(C) the annual acquisition program (including the level of
funding) recommended for the ensuing five fiscal years, and
(D) the final boundary map for the recreation area.
(e) With respect to improved properties, as defined in this section,
fee title shall not be acquired unless the Secretary finds that such
lands are being used, or are threatened with uses, which are detrimental
to the purposes of the recreation area, or unless each acquisition is
necessary to fulfill the purposes of this section. The Secretary may
acquire scenic easements to such improved property or such other
interests as, in his judgement are necessary for the purposes of the
recreation area.
(f) For the purposes of this section, the term "improved property"
means--,
(1) a detached single-family dwelling, the construction of
which was begun before January 1, 1976 (hereafter referred to as
"dwelling"), together with so much of the land on which the
dwelling is situated as is in the same ownership as the dwelling
and as the Secretary designates to be reasonably necessary for
the enjoyment of the dwelling for the sole purpose of
noncommercial residential use, together with any structures
necessary to the dwelling which are situated on the land so
designated, and
(2) property developed for agricultural uses, together with any
structures accessory thereto as were used for agricultural
purposes on or before January 1, 1978.
in determining when and to what extent a property is to be treated as
"improved property" for purposes of this section, the Secretary shall
take into consideration the manner of use of such buildings and lands
prior to January 1, 1978, and shall designate such lands as are
reasonably necessary for the continued enjoyment of the property in the
same manner and to the same extent as existed prior to such date.
(g) The owner of an improved property, as defined in this section, on
the date of its acquisition, as a condition of such acquisition, may
retain for herself or himself, her or his heirs and assigns, a right of
use and occupancy of the improved property for noncommercial residential
or agriculture purposes, as the case may be, for a definite term of not
more than twenty-five years, or, in lieu thereof, for a term ending at
the death of the owner or the death of her or his spouse, whichever is
later. The owner shall elect the term to be reserved. Unless the
property is wholly or partially donated, the Secretary shall pay to the
owner the fair market value of the property on the date of its
acquisition, less the fair market value on that date of the right
retained by the owner. A right retained by the owner pursuant to this
section shall be subject to termination by the Secretary upon his
determination that it is being exercised in a manner inconsistent with
the purposes of this section, and it shall terminate by operation of law
upon notification by the Secretary to the holder of the right of such
determination and tendering to him the amount equal to the fair market
value of that portion which remains unexpired.
(h) In exercising the authority to acquire property under this
section, the Secretary shall giveprompt and careful consideration to any
offer made by an individual owning property within the recreation area
to sell such property, if such individual notifies the Secretary that
the continued ownership of such property is causing, or would result in,
undue hardship.
(i) The Secretary shall administer the recreation area in accordance
with this Act and provisions of laws generally applicable to units of
the National Park System, including the Act of August 25, 1916 (39 Stat.
535; 16 U.S.C. 1 et seq.). In the administration of the recreation
area, the Secretary may utilize such statutory authority available for
the conservation and management of wildlife and natural resources as
appropriate to carry out the purpose of this section. The fragile
resource areas of the recreation area shall be administered on a
low-intensity basis, as determined by the Secretary.
(j) The Secretary may enter into cooperative agreements with the
State of California, or any political subdivision thereof, for the
rendering, on a reimbursable basis, of rescue, firefighting, and law
enforcement services and cooperative assistance by nearby law
enforcement and fire preventive agencies.
(k) Notwithstanding any other provision of law, the Secretary is
authorized to accept donations of funds, property, or services from
individuals, foundations, corporations, or public entities for the
purpose of land acquisition and providing services and facilities which
the Secretary deems consistent with the purposes of this section.
(1) By January 1, 1981, the Santa Monica Mountains National
Recreation Area Advisory Commission, established by this section, shall
submit a report to the Secretary which shall--,
(1) assess the capability and willingness of the State of
California and the local units of government to manage and operate
the recreation area,
(2) recommend any changes in ownership, management, and
operation which would better accomplish the purposes of this
section, and
(3) recommend any conditions, joint management agreements, or
other land use mechanisms to be contingent on any transfer of
land.
(m) The Secretary, after giving careful consideration to the
recommendations set forth by the Advisory Commission, shall, by January
1, 1982, submit a report to the Committees referred to in subsection (c)
which shall incorporate the recommendations of the Advisory Commission
as well as set forth the Secretary's recommendations. Such report
shall--,
(1) assess the benefits and costs of continued management as a
unit of the National Park Systems.
(2) assess the capability and willingness of the State of
California and the local units of government to manage and operate
the recreation area, and
(3) recommend any changes in ownership, management, and
operation which would better accomplish the purposes of this
section.
(n)(1) The Secretary shall request the Santa Monica Mountains
Comprehensive Planning Commission to submit a comprehensive plan,
prepared in accord with this section and title 7.75 of the California
Government Code (commencing with section 67450), for the Santa Monica
Mountains Zone generally depicted on the map referred to in subsection
(c) of this section for approval.
(2) The comprehensive plan shall include, in addition to the
requirements of California State law--,
(A) an identification and designation of public and private
uses which are compatible with and which would not significantly
impair the significant scenic, recreational, educational,
scientific, natural, archeological, and public health benefits
present in the zone and which would not have an adverse impact on
the recreation area or on the air quality of the south coast air
basin;
(B) a specific minimum land acquisition program which shall
include, but not be limited to, fee and less than fee acquisition
of strategic and critical sites not to be acquired by the Federal
Government for public recreational and other related uses; and a
program for the complementary use of State and local authority to
regulate the use of lands and waters within the Santa Monica
Mountains Zone to the fullest extent practicable consistent with
the purposes of this section; and
(C) a recreation transportation system which may include but
need not be limited to existing public transit.
(3) No plan submitted to the Secretary under this section shall be
approved unless the Secretary finds the plan consistent with paragraph
(2) and finds that--,
(A) the planning commission has afforded adequate opportunity,
including public hearings, for public involvement in the
preparation and review of the plan, and public comments were
received and considered in the plan or revision as presented to
him;
(B) the State and local units of government identified in the
plan as responsible for implementing its provisions have the
necessary authority to implement the plan and such State and local
units of government have indicated their intention to use such
authority to implement the plan;
(C) the plan, if implemented, would preserve significant
natural, historical, and archeological benefits and, consistent
with such benefits, provide increased recreational opportunities
for persons residing in the greater Los Angeles-southern
California metropolitan area; and
(D) implementation of the plan would not have a serious adverse
impact on the air quality or public health of the greater Los
Angeles region.
Before making his findings on the air quality and public health impacts
of the plan, the Secretary shall consult with the Administrator of the
Environmental Protection Agency.
(4) Following approval of the plan with respect to the Santa Monica
Mountains Zone, upon receipt of adequate assurances that all aspects of
that jurisdiction's implementation responsibilities will be adopted and
put into effect, the Secretary shall--,
(A) provide grants to the State and through the State to local
governmental bodies for acquisition of lands, waters, and
interests therein identified in paragraph (2)(B), and for
development of essential public facilities, except that usch
grants shall be made only for the acquisition of lands, waters,
and interests therein, and related essential public facilities,
for park, recreation, and conservation purposes; and
(B) provide, subject to agreements that in the opinion of the
Secretary will assure additional preservation of the lands and
waters of the zone, such funds as may be necessary to retire
bonded indebtedness for water and sewer and other utilities
already incurred by property owners which in the opinion of the
Secretary would if left outstanding contribute to further
development of the zone in a manner inconsistent with the approved
plan developed by the planning commission.
no grant for acquisition of land may be made under subparagraph (A)
unless the Secretary receives satisfactory assurances that such lands
acquired under subparagraph (A) shall not be converted to other than
park, recreation, and conservation purposes without the approval of the
Secretary and without provision for suitable replacement land.
(5) Grants under this section shall be made only upon application of
the recipient State and shall be in addition to any other Federal
financial assistance for any other program, and shall be subject to such
terms and conditions as the Secretary deems necessary to carry out the
purposes of this section. Any jurisdiction that implements changes to
the approved plan which are inconsistent with the purposes of this
section, or adopts or acquiesces in changes to laws regulations or
policies necessary to implement or protect the approved plan, without
approval of the Secretary, may be liable for reimbursement of all funds
previously granted or available to it under the terms of this section
without regard to such additional terms and conditions or other
requirements of law that may be applicable to such grants. During the
life of the planning commission, changes to the plan must be submitted
by the planning commission to the Secretary for approval. No such
application for a grant may be made after the date five years from the
date of the Secretary's approval of the plan.
(o) The head of any Federal agency having direct or indirect
jurisdiction over a proposed Federal or federally assisted undertaking
in the lands and waters within the Santa Monica Mountains Zone,
generally depicted on the map referred to in subsection (c), and the
head of any Federal agency having authority to license or permit any
undertaking in such lands and waters shall, prior to the approval of the
expenditure of any Federal funds on such undertaking or prior to the
issuance of any license or permit, as the case may be, afford the
Secretary a reasonable opportunity to comment with regard to such
undertaking and shall give due consideration to any comments made by the
Secretary and to the effect of such undertaking on the "findings"
purposes of this section.
(p) The Secretary shall give full consideration to the
recommendations of the California Department of Parks and Recreation,
the Santa Monica Mountains Comprehensive Planning Commission, and the
California Coastal Commission.
(q)(1) There is hereby established the Santa Monica Mountains
National Recreation Area Advisory Commission (hereinafter referred to as
the " Advisory Commission"). The Advisory Commission shall terminate
ten years after the date of establishment of the recreation area.
(2) The Advisory Commission shall be composed of the following
members to serve for terms of five years as follows:
(A) one member appointed by the Governor of the State of
California;
(B) one member appointed by the mayor of the city of Los
angeles;
(C) one member appointed by the Board of Supervisors of Los
Angeles County;
(D) one member appointed by the Board of Supervisors of Ventura
County; and
(E) five members appointed by the Secretary, one of whom shall
serve as the Commission Chairperson.
(3) The Advisory Commission shall meet on a regular basis. Notice of
meetings and agenda shall be published in local newspapers which have a
distribution which generally covers the area. Commission meetings shall
be held at locations and in such a manner as to insure adequate publid
involvement. Such locations shall be in the region of the Santa Monica
Mountains and no more than twenty-five miles from it.
(4) Members of the Commission shall serve without compensation as
such, but the Secretary may pay expenses reasonably incurred in carrying
out their responsibilities under this Act on vouchers signed by the
Chairperson.
(5) The secretary, or his or her designee, shall from time to time
but at least semiannually, meet and consult with the Advisory Commission
on matters relating to the development of this recreation area and with
respect to carrying out the provisions of this section.
(r) There are authorized to be appropriated such sums as may be
necessary for acquisition of lands and interests in land within the
boundaries of the recreation area established under this section, but
not more than $15,000,000 for fiscal year 1979, $40,000,000 for fiscal
year 1980, $45,000,000 for fiscal year 1981, $10,000,000 for fiscal year
1982, and $15,000,000 for fiscal year 1983, such sums to remain
available until expended. For grants to the State pursuant to
subsection (n) there are authorized to be appropriated not nore than
$10,000,000 for fiscal year 1979, $10,000,000 for fiscal year 1980,
$5,000,000 for fiscal year 1981, and $5,000,000 for fiscal year 1982,
such sums to remain available until expended. For the authorizations
made in this subsection, any amounts authorized but not appropriated in
any fiscal year shall remain available for appropriation in succeeding
fiscal years.
(s) For the development of essential public facilities in the
recreation area there are authorized to be appropriated not more than
$500,000. The Congress expects that, at least until assessment of the
report required by subsection (t), any further development of the area
shall be accomplished by the State of California or local units of
government, subject to the approval of the Director, National Park
Service.
(t) Within two years from the date of establishment of the recreation
area pursuant to this section, the Secretary shall, after consulting
with the Advisory Commission, develop and transmit to the Committees
referred to in subsection (c) a general management plan for the
recreation area consistent with the objectives of this section. Such
plan shall indicate--,
(1) a plan for visitor use including the facilities needed to
accomodate the health, safety, education and recreation needs of
the public;
(2) the location and estimated costs of all facilities;
(3) the projected need for any additional facilities within the
area;
(4) any additions or alterations to the boundaries of the
recreation area which are necessary or desirable to the better
carrying out of the purposes of this section; and
(5) a plan for preservation of scenic, archeological and
natural values and of fragile ecological areas.
SEC. 508. // 16 USC 461 // (a) There is hereby established the Ebey's
Landing National Historical Reserve (hereinafter referred to as the
"reserve"), in order to preserve and protect a rural community which
provides an unbroken historical record from nineteenth century
exploration and settlement in Puget Sound to the present time, and to
commemorate--,
(1) the first through exploration of the Puget Sound area, by
Captain George Vancouver, in 1792;
(2) settlement by Colonel Isaac Neff Ebey who led the first
permanent settlers to Whidbey island, quickly became an important
figure in Washington Territory, and ultimately was killed by
haidahs from the Queen Charlotte Islands during a period of Indian
unrest in 1857;
(3) early active settlement during the years of the Donation
Land Law (1850-1855)
// 9 Stat. 496; 10 Stat. 158, 305. //
and thereafter; and
(4) the growth since 1883 of the historic town of Coupeville.
The reserve shall include the area of approximately eight thousand acres
identified as the Central Whidbey Island Historic District.
(b)(1) To achieve the purpose of this section, the Secretary, in
cooperation with the appropriate State and local units of general
government, shall formulate a comprehensive plan for the protection,
preservation, and interpretation of the reserve. The plan shall
identify those areas or zones within the reserve which would most
appropriately be devoted to--,
(A) public use and development;
(B) historic and natural preservation; and
(C) private use subject to appropriate local zoning ordinances
designed to protect the historical rural setting.
(2) Within eighteen months following the date of enactment of this
section, the Secretary shall transmit the plan to the President of the
Senate and the Speaker of the House of Representatives.
(c) At such time as the State or appropriate units of local
government having jurisdiction over land use within the reserve have
enacted such zoning ordinances or other land use controls which in the
judgement of the Secretary will protect and preserve the historic and
natural features of the area in accordance with the comprehensive plan,
the Secretary may, pursuant to cooperative agreement--,
(1) transfer management and administration over all or any part
of the property acquired under subsection (d) of this section to
the State or appropriate units of local government;
(2) provide technical assistance to such State or unit of local
government in the management, protection, and interpretation of
the reserve; and
(3) make periodic grants, which shall be supplemental to any
other funds to which the grantee may be entitled under any other
provision of law, to such State or local unit of government for
the annual costs of operation and maintenance, including but not
limited to, salaries of personnel and the protection,
preservation, and rehabilitation of the reserve except that no
such grant may exceed 50 per centum of the extimated annual cost,
as determined by the Secretary, of such operation and maintenance.
(d) The Secretary is authorized to acquire such lands and interests
as he determines are necessary to accomplish the purposes of this
section by donation, purchase with donated funds, or exchange, except
that the Secretary may not acquire the fee simple title to any land
without the consent of the owner. The Secretary shall, in addition,
give prompt and careful consideration to any offer made by an individual
owning property within the historic district to sell such property, if
such individual notifies the Secretary that the continued ownership of
such property is causing, or would result in, undue hardship.
Lands and interests therein so acquired shall, so long as
responsibility for management and administration remains with the United
States, be administered by the Secretary subject to the provisions of
the Act of August 25, 1916 (39 Stat. 535), // 16 USC 1 // as amended and
supplemented, and in a manner consistent with the purpose of this
section.
(e) If, after the transfer of management and administration of any
lands pursuant to subsection (c) of this section, the Secretary
determines that the reserve is not being managed in a manner consistent
with the purposes of this section, he shall so notify the appropriate
officers of the State or local unit of government to which such transfer
was made and provide for a ninety-day period in which the transferee may
make such modifications in applicable laws, ordinances, rules, and
procedures as will be consistent with such purposes. If, upon the
expiration of such ninety-day period, the Secretary determines that such
modifications have not been made or are inadequate, he shall withdraw
the management and administration from the transferee and he shall
manage such lands in accordance with the provisions of this section.
(f) There is hereby authorized to be appropriated not to exceed
$5,000,000 to carry out the provisions of this section.
SEC. 509. // 16 USC 461 //
(a) The Secretary is authorized to establish the Friendship Hill
National Historic Site in the State of Pennsylvania, including the
former home of Albert Gallatin, as depicted on the map entitled "
FRHI-8000" dated February 1978. Said map shall be on file and available
for public inspection in the offices of the Director, National Park
Service, Washington, District of Columbia. The Secretary is authorized
to acquire such land, improvements, and any personal property of
cultural and historical value thereon by donation, purchase with donated
or appropriated funds, or exchange.
(b) Pending establishment of the site and thereafter the Secretary
shall administer property acquired pursuant to this section in
accordance with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C.
1,2-4), as amended and supplemented, and the Act of August 21, 1935 (49
Stat. 666; 16 U.S.C. 461 - 467), as amended.
(c) (1) There are hereby authorized to be appropriated from the Land
and Water Conservation Fund, such sums as may be necessary to carry out
the purposes of this section.
(2) For the development of essential facilities there are authorized
to be appropriated for the fiscal year ending September 30, 1980, and
for succeeding fiscal years, such sums as may be necessary to carry out
the purposes of this section, but not to exceed $100,000. Within three
years from the effective date of this section, the Secretary shall
develop and transmit to the Committee on Interior and Insular Affairs of
the House of Representatives and to the Committee on Energy and Natural
Resources of the Senate a general management plan for the use and
development of the site consistent with the purposes of this section,
indicating--,
(A) the lands and interests in lands adjacent or related to the
site which are deemed necessary or desirable for the pueposes of
resource protection, scenic integrity, or management and
administration of the area in furtherance of the purposes of this
section and the estimated cost thereof;
(B) the number of visitors and types of public use within the
site which can be accommodated in accordance with the protection
of its resources; and
(C) the location and estimated cost of facilities deemed
necessary to accommodate such visitors and uses.
Sec. 510. (a) The Secretary is authorized to acquire by donation,
exchange, or purchase with donated or appropriated funds, the Thomas
Stone home and grounds, known as Habre-de-Venture, located on Rose Hill
Road near La Plata in Charles County, Maryland, for establishment as the
Thomas Stone National Historic Site.
(b) The national historic site shall be established by the Secretary
by the publication of notice to that effect in the Federal Register at
such time that he determines he has sufficient ownership to constitute
an administrable unit. After such publication, the site shall be
administered by the Secretary pursuant to the provisions of this section
and the provisions of the Act of Act of August 25, 1916 (39 Stat. 535),
as amended and supplemented (16 U.S.C. 1 et seq.), and the Act of August
21, 1935 (49 Stat. 666; 16 U.S.C. 461 - 467).
(c) To carry out the purposes of this section, there is hereby
authorized to be appropriated not to exceed $600,000 for the acquisition
of lands and interests therein and not to exceed $400,000 for
development.
Sec. 511. // 16 USC 461. //
(a) The Secretary is authorized to establish the Maggie L. Walker
National Historic Site (hereinafter in this section referred to as the
"historic site") in the city of Richmond, Virginia.
(b) The historic site shall comprise the area extending east from the
western boundary of the Maggie L. Walker House at 113 East Leigh Street
in Richmond, Virginia, to Third Street and extending north from an
east-west line which coincides with the front property line of such
house to an east-west line which coincides with the north side of the
alleyway immediately at the rear of such house. Following timely notice
in writing to the Committee on Interior and Insular Affairs of the House
of Representatives and the Committee on Energy and Natural Resources of
the Senate of his intention to do so, the Secretary may make minor
revisions in the boundaries of the historic site by publication of a map
or other revised boundary description in the Federal Register.
(c) Within the boundaries of the historic site, the Secretary may
acquire lands and interests therein by donation, purchase with donated
or appropriated funds, exchange, or transfer from any other Federal
agency. Any property within such boundaries owned by the State of
Virginia or any political subdivision thereof may be acquired only by
donation.
(d) When the Secretary determines that lands and interests therein
have been acquired in an amount sufficient to constitute an
administerable unit, he shall establish the historic site by publication
of a notice to that effect in the Federal Register. Pending such
establishment and thereafter, the Secretary shall administer the
historic site in accordance with the Act of August 25, 1916 (39 Stat.
535), as amended and supplemented (16 U.S.C. 1, 2 - 4), and the Act of
August 21, 1935 (49 Stat. 666), as amended (16 U.S.C. 461 et seq.).
Funds available for the historic site shall be available for restoration
and rehabilitation of properties therein in accordance with cooperative
agreements entered into pursuant to section 2(e) of the Act of August
21, 1935, supra.
(e) (1) There are authorized to be appropriated such sums as may be
necessary to carry out the provisions of this section, but not more than
$795,000 for acquisition of lands and interests in land and not more
than $500,000 for the development of essential facilities.
(2) Within three complete fiscal years from the date of enactment of
this section, the Secretary shall develop and transmit to the Committees
referred to in subsection (b) a general management plan for the historic
site consistent with the purposes of this section. Such plan shall
indicate--,
(i) facilities needed to accommodate the health, safety, and
educational needs of the public;
(ii) the location and estimated cost of all facilities; and
(iii) the projected need for any additional facilities.
Sec. 512. // 16 USC 1a-5 //
(a) The Secretary shall prepare and transmit to the Committee on
Energy and Natural Resources of the Senate and the Committee on Interior
and Insular Affairs of the House of Representatives within two years
from the date of enactment, a feasibility/suitability study of the Crow
Creek Village archeological site, Buffalo County, South Dakota, as a
unit of the National Park System The study shall include cost estimates
for any necessary acquisition, development, operation and maintenance,
as well as any feasibile alternatives for the administration and
protection of the area, including, but not limited to, Federal financial
and technical assistance to the State of South Dakota, Buffalo County or
other suitable entity.
(b) Notwithstanding any other provision of law, the Secretary of the
Army is directed to take such actions as may be necessary to preserve
and protect such site from any adverse impact on the site and to refrain
from any activities which might cause such impact until two years from
the date of submission of the study by the Secretary.
Sec. 551. The National Trails System Act (82 Stat. 919; 16 U.S.C.
1241), as amended, is further amended as follows:
(1) In section 2(a) // 16 USC 1241. //
after "promote" insert "the preservation of,"; and after "outdoor
areas" insert "and historic resources".
(2) In section 2(a) delete "(ii)" and the remainder of the sentence
and insert "(ii) secondarily, within scenic areas and along historic
travel routes of the Nation, which are often more remotely located.".
(3) In section 2(b) delete "and scenic" and insert ", scenic and
historic".
(4) In section 3 redesignate subsection "(c)" as "(d)", // 16 USC
1242. // and insert a new subsection (c) as follows:
"(c) National historic trails, established as provided in section 5
of this Act, // 16 USC 1243. // which will be extended trails which
follow as closely as possible and practicable the original trails or
routes of travel of national historical significance. Designation of
such trails or routes shall be continuous, but the established or
developed trail, and the acquisition thereof, need not be continuous
onsite. National historic trails shall have as their purpose the
identification and protection of the historic route and its historic
remnants and artifacts for public use and enjoyment. Only those
selected land and water based components of an historic trail which are
on federally owned lands and which meet the national historic trail
criteria established in this Act, are established as initial Federal
protection components of a national historic trail. The appropriate
Secretary may subsequently certify other lands as protected segments of
an historic trail upon application from State or local governmental
agencies or private interests involved if such segments meet the
national historic trail criteria established in this Act and such
criteria supplementary thereto as the appropriate Secretary may
prescribe, and are administered by such agencies or interests without
expense to the United States.".
(5) In the new section 3(d) // 16 USC 1243. // delete "or national
scenic" and insert ",national scenic or national historic".
(6) Change the title of section 5 to read " NATIONAL SCENIC AND
NATIONAL HISTORIC TRAILS".
(7) In section 5(a), // 16 USC 1244. //
insert in the first sentence after the word "scenic" the words "and
national historic" and change the second sentence to read: " There are
hereby established the following National Scenic and National Historic
Trails:".
(8) In section 5(a) (1), in the first sentence, after the word "
Appalachian", insert " National Scenic", and in section 5(a) (2), in the
first sentence, after " Pacific Crest", insert " National Scenic".
(9) In section 5(a), delete paragraph (3) and insert in lieu the
following new paragraphs:
"(3) The Oregon National Historic Trail, a route of approximately two
thousand miles extending from near Independence, Missouri, to the
vicinity of Portland, Oregon, following a route as depicted on maps
identified as ' Primary Route of the Oregon Trail 1841-1848', in the
Department of the Interior's Oregon Trail study report dated April 1977,
and which shall be on file and available for public inspection in the
office of the Director of the National Park Service. The trail shall be
administered by the Secretary of the Interior.
"(4) The Mormon Pioneer National Historic Trail, a route of
approximately one thousand three hundred miles extending from Nauvoo,
Illinois, to Salt Lake City, Utah, following the primary historical
route of the Mormon Trail as generally depicted on a map, identified as,
' Mormon Trail Vicinity Map, figure 2' in the Department of the Interior
Mormon Trail study report dated March 1977, and which shall be on file
and available for public inspection in the office of the Director,
National Park Service, Washington, D.C. The trail shall be administered
by the Secretary of the Interior.
"(5) The Continential Divide National Scenic Trail, a trail of
approximately thirty-one hundred miles, extending from the Montana-
Canada border to the New Mexico-Mexico border, following the approximate
route depicted on the map, identified as ' Proposed Continental Divide
National Scenic Trail' in the Department of the Interior Continental
Divide Trail study report dated March 1977 and which shall be on file
and available for public inspection in the office of the Chief, Forest
Service, Washington, D.C. The Continental Divide National Scenic Trail
shall be administered by the Secretary of Agriculture in consultation
with the Secretary of the Interior. Notwithstanding the provisions of
section 7(c), // 16 USC 1246. // the use of motorized vehicles on roads
which will be designated segments of the Continental Divide National
Scenic Trail shall be permitted in accordance with regulations
prescribed by the appropriate Secretary.
"(6) The Lewis and Clark National Historic Trail, a trail of
approximately three thousand seven hundred miles, extending from Wood
River, Illinois, to the mouth of the Columbia River in Oregon, following
the outbound and inbound routes of the Lewis and Clark Expedition
depicted on maps identified as, ' Vicinity Map, Lewis and Clark Trail'
study report dated April 1977. The map shall be on file and available
for public inspection in the office of the Director, National Park
Service, Washington, D.C. The trail shall be administered by the
Secretary of the Interior.
"(7) The Iditarod National Historic Trail, a route of approximately
two thousand miles extending from Seward, Alaska, to Nome, Alaska,
following the routes as depicted on maps identified as ' Seward- Nome
Trail', in the Department of the Interior's study report entitled ' The
Iditarod Trail (Seward-Nome Route) and other Alaskan Gold Rush Trails'
dated September 1977. The map shall be on file and available for public
inspection in the office of the Director, National Park Service,
Washington, D.C. The trail shall be administered by the Secretary of
the Interior.".
(10) In section 5(b) // 16 USC 1244. // after "national scenic"
wherever it appears insert "or national historic"; in the first
sentence after the phrase " Secretary of the Interior," insert "through
the agency most likely to administer such trail,"; delete the third
sentence; and delete that portion of the fourth sentence which precedes
the numerical listing, and insert in lieu the following: " The studies
listed in subsection (c) of this section shall be completed and
submitted to the Congress, with recommendations as to the suitability of
trail designation, not later than three complete fiscal years from the
date of enactment of their addition to this subsection, or from the date
of enactment of this sentence, whichever is later. Such studies, when
submitted, shall be printed as a House or Senate document, and shall
include, but not be limited to:".
(11) In section 5(b)(3) after the semicolon add "and in the case of
national historic trails the report shall include the recommendation of
the Secretary of the Interior's National Park System Advisory Board as
to the national historic significance based on the criteria developed
under the Historic Sites Act of 1935 (49 Stat. 666; U.S.C. 461);".
(12) In section 5(b)(8) delete the word "and" at the end of the
sentence; in section 5(b)(9) change the period at the end of the
sentence to a semicolon; and at the end of section 5(b) add the
following new paragraphs:
"(10) the anticipated impact of public outdoor recreation use
on the preservation of a proposed national historic trail and its
related historic and archeological features and settings,
including the measures proposed to ensure evaluation and
preservation of the values that contribute to their national
historic significance; and
"(11) to qualify for designation as a national historic trail,
a trail must meet all three of the following criteria:
use
and must be historically significant as a result of
that use.
The route need not currently exist as a discernible
trail to
qualify, but its location must be sufficiently known to
permit
evaluation of public recreation and historical interest
potential. A designated trail should generally
accurately
follow the historic route, but may deviate somewhat on occasion of
necessity to avoid difficult routing through subsequent development, or
to provide some route variation offering a more pleasurable recreational
experience. Such deviations shall be so noted on site. Trail segments
no longer possible to travel by trail due to subsequent development as
motorized transportation routes may be designated and marked onsite as
segments which link to the historic trail.
as
trade and commerce, migration and settlement, or
military
campaigns. To qualify as nationally significant, historic use
of the trail must have had a far-reaching effect on
broad
patterns of American culture. Trails significant in
the
history of native Americans may be included.
historic
interpretation and appreciation. The potential for
such use
is generally greater along roadless segments developed
as
historic trails, and at historic sites associated with
the trail.
The presence of recreation potential not related to
historic
appreciation is not sufficient justification for
designation
under this category.".
(13) In section 5(c), // 16 USC 1244. //
add the following at the end thereof:
"(20) Overmountain Victory Trail, extending from the vicinity of
Elizabethton, Tennessee, to Kings Mountain National Military Park, South
Carolina.".
(14) In section 5 delete subsection (d), and insert a new section 5(
d) to read as follows:
"(d) The Secretary charged with the administration of each respective
trail shall, within one year of the date of the addition of any national
scenic or national historic trail to the System, and within sixty days
of the enactment of this sentence for the Appalachian and Pacific Crest
National Scenic Trails, establish an advisory council for each such
trail, each of which councils shall expire ten years from the date of
its establishment. The appropriate Secretary shall consult with such
council from time to time with respect to matters relating to the trail,
including the selection of rights-of-way, standards for the erection and
maintenance of markers along the trail, and the administration of the
trail. The members of each advisory council, which shall not exceed
thirty-five in number, shall serve for a term of two years and without
compensation as such, but the Secretary may pay, upon vouchers signed by
the chairman of the council, the expenses reasonably incurred by the
council and its members in carring out their responsibilities under this
section. Members of each council shall be appointed by the appropriate
Secretary as follows:
"(i) a member appointed to represent each Federal department or
independent agency administering lands through which the trail
route passes, and each appointee shall be the person designated by
the head of such department or agency;
"(ii) a member appointed to represent each State through which
the trail passes, and such appointments shall be made from
recommendations of the Governors of such States;
"(iii) one or more members appointed to represent private
organizations, including corporate and individual landowners and
land users, which in the opinion of the Secretary, have an
established and recognized interest in the trail, and such
appointments shall be made from recommendations of the heads of
such organizations: Provided, That the Appalachian Trail
Conference shall be represented by a sufficient number of persons
to represent the various sections of the country through which the
Appalachian Trail passes; and
"(iv) the Secretary shall designate one member to be chairman
and shall fill vacancies in the same manner as the original
appointment.".
(15) In section 5 // 16 USC 1244. //
add two new subsections (e) and (f) as follows:
"(e) Within two complete fiscal years of the date of enactment of
legislation designating a national scenci trail, except for the
Continental Divide National Scenic Trail, as part of the system, and
within two complete fiscal years of the date of enactment of this
subsection for the Pacific Crest and Appalachian Trails, the responsible
Secretary shall, after full consultation with affected Federal land
managing agencies, the Governors of the affected States, the relevant
advisory council established pursuant to section 5(d), and the
Appalachian Trail Conference in the case of the Appalachian Trail,
submit to the Committee on Interior and Insular Affairs of the House of
Representatives and the Committee on Energy and Natural Resources of the
Senate, a comprehensive plan for the acquisition, management,
development, and use of the trail, including but not limited to, the
following items:
"(1) specific objectives and practices to be observed in the
management of the trail, including the identification of all
significant natural, historical, and cultural resources to be
preserved (along with high potential historic sites and high
potential route segments in the case of national historic trails),
details of anticipated cooperative agreements to be consummated
with other entities, and an identified carrying capacity of the
trail and a plan for its implementation;
"(2) an acquisition or protection plan, by fiscal year, for all
lands to be acquired by fee title or lesser interest, along with
detailed explanation of anticipated necessary cooperative
agreements for any lands not to be acquired; and
"(3) general and site-specific development plans including
anticipated costs.
"(f) Within two complete fiscal years of the date of enactment of
legislation designating a national historic trail or the Continental
Divide National Scenic Trail as part of the system, the responsible
Secretary shall, after full consultation with affected Federal land
managing agencies, the Governors of the affected States, and the
relevant Advisory Council established pursuant to section 5(d) of this
Act, submit to the Committee on Interior and Insular Affairs of the
House of Representatives and the Committee on Energy and Natural
Resources of the Senate, a comprehensive plan for the management, and
use of the trail, including but not limited to, the following items:
"(1) specific objectives and practices to be observed in the
management of the trail, including the identification of all
significant natural, historical, and cultural resources to be
preserved, details of any anticipated cooperative agreements to be
consummated with
State and local government agencies or private interests, and for
national scenic or national recreational trails an identified
carrying capacity of the trail and a plan for its implementation;
and
"(2) the process to be followed by the appropriate Secretary to
implement the marking requirements established in section 7(c) of
this Act.".
// 16 USC 1246. //
(16) In section 6 // 16 USC 1245. //
in the first sentence delete "or national scenic," and insert",
national scenic or national historic", and in the second sentence delete
"or scenic" and insert", national scenic, or national historic".
(17) In section 7(a) in the first sentence delete " National Scenic
Trails" and insert "national scenic and national historic trails"; in
two instances in subsection (b), and in the first sentence of subsection
(c), after "scenic", insert "or national historic"; in subsection (c)
in the second proviso, after "recreation" delete "or scenic" and insert
",national scenic, or national historic"; and in the fifth sentence
after "recreation" delete "and scenic" and insert", national scenic, and
national historic"; in subsection (d) after "recreation" delete "or
scenic" and insert ", national scenic, or national historic"; in
subsection (e) after "scenic" in both instances where it appears insert
"or national historic"; in subsection (h) in the first sentence after
"recreation" delete "or scenic" and insert", national scenic, or
national historic", and in the second sentence after "scenic" insert "or
national historic"; in subsection (i) after "recreation" delete "delete
"or scenic" and insert", national scenic, or national historic".
(18) In section 7(c) // 16 USC 1246. //
at the end of the fourth sentence insert the following: " Where a
national historic trail follows existing public roads, developed
rights-of-way or waterways, and similar features of man's
nonhistorically related development, approximating the original location
of a historic route, such segments may be marked to facilitate
retracement of the historic route, and where a national historic trail
parallels an existing public road, such road may be marked to
commemorate the historic route.".
Other uses along the historic trails and the Continental Divide
National Scenic Trail, which will not substantially interfere with the
nature and purposes of the trail, and which, at the time of designation,
are allowed by administrative regulations, including the use of
motorized vehicles, shall be permitted by the Secretary charged with the
administration of the trail.
(19) In section 7(e), in the first proviso, delete "within two
years".
(20) In section 7(g), delete the second proviso entirely.
(21) At the end of subsection 7(g) add the following new sentence: "
For national historic trails, direct Federal acquisition for trail
purposes shall be limited to those areas indicated by the study report
or by the comprehensive plan as high potential route segments or high
potential historic sites.".
No land or site located along a designated national historic trail or
along the Continental Divide National Scenic Trail shall be subject to
the provisions of section 4(f) of the Department of Transportation Act
(49 U.S.C. 1653(f) unless such land or site is deemed to be of
historical significance under appropriate historical site criteria such
as those for the National Register of Historic Places.
(22) In section 8 in the first sentence of subsection (a) // 16 USC
1247. //
after "establishing park, forest, and other recreation" insert "and
historic" and after "administered by States, and recreation" insert "and
historic"; and at the end of the first sentence insert the following:
" The Secretary is also directed to encourage States to consider, in
their comprehensive statewide historic preservation plans and proposals
for financial assistance for State, local, and private projects
submitted pursuant to the Act of October 15, 1966 (80 Stat. 915), // 16
USC 470. // as amended, needs and opportunities for establishing
historic trails.".
(23) In section 10, // 16 USC 1249. //
strike "(a)(1)" and insert in lieu thereof "(a)"; strike "the
subsequent fiscal year" and insert in lieu thereof "subsequent fiscal
years"; strike the paragraph numbered "(2)" in its entirety; and add a
new "subsection (c)" as follows:
"(c) There is hereby authorized to be appropriated such sums as may
be necessary to implement the provisions of this Act relating to the
trails designated by paragraphs 5(a) (3), (4), (5), (6), and (7):
Provided, That no such funds are authorized to be appropriated prior to
October 1, 1979: And provided further, That notwithstanding any other
provisions of this Act or any other provisions of law, no funds may be
expended for the acquisition of lands or interests in lands for the
Continental Divide National Scenic Trail, the Oregon National Historic
Trail, the Mormon Pioneer National Historic Trail, the Lewis and Clark
national Historic Trail, and the Iditarod National Historic Trail.".
Sec. 601. (a) The Secretary is hereby authorized to acquire and
upgrade the concession facilities owned by the Yellowstone Park Company
at Yellowstone National Park in the State of Wyoming.
(b) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this section.
Sec. 602. (a) // 16 USC 1a-5 //
In order to consider preserving in their natural condition
appropriate segments of the Ridgelands east of San Francisco Bay for
protection of the area's unique ecology and topography and for public
outdoor recreation, the Secretary shall study, investigate, and
formulate recommendations on the feasibility and desirability of
establishing such area as a unit of the National Park System. The
Secretary shall consult with the Secretary of Agriculture, the Chief of
Engineers, Department of the Army, and any other appropriate Federal
agencies, as well as with the East Bay Regional Park District, the
Association of Bay Area Governments, and other State and local bodies
and officials involved, and shall coordinate the study with applicable
local and State plans and planning activities relating to the
Ridgelands. Federal departments and agencies are authorized and directed
to cooperate with the Secretary and, to the extent permitted by law, to
furnish such statistic, data, reports, and other material as the
Secretary may deem necessary for purposes of the study.
(b) The Secretary shall submit to the President and the Congress of
the United States, within one year after the date of enactment of this
Act, a report of his findings and recommendations. The report of the
Secretary shall contain, but not be limited to, findings with respect
to--,
(1) the scenic, scientific, historic, natural, and outdoor
recreation values of the Ridgeland, including their use for
walking, hiking, horseback riding, bicycling, swimming,
picnicking, camping forest management, fish and wildlife
management, educational exhibiting, and scenic and historic site
preservation;
(2) the type of Federal, State, and local programs that are
feasible and desirable in the public interest to preserve,
develop, and make accessible for public use the values identified;
(3) the relationship of any recommended national park,
recreation area, or wilderness area to existing or proposed
Federal, State, and local programs to manage in the public
interest the natural resources of the entire San Francisco Bay
area;
(4) alternative means of restoring and preserving the values
inherent in the area under present ownership patterns; and
(5) the development of public land policies consistent with the
protection of private open space land.
(c) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the provisions of this section.
Sec. 603. (a) The Act of June 27, 1960 (74 Stat. 220) as amended May
24, 1974 (88 Stat. 174, 176; 16 U.S.C. 469) is amended as follows:
(b) In section 7(b), // 16 USC 469c. //
delete the "and" following "1977;", change the period at the end of
the sentence to a semicolon; and add the following words: "$500,000 in
fiscal year 1979; $1,000,000 in fiscal year 1980; $1,500,000 in fiscal
year 1981; $1,500,000 in fiscal year 1982; and $1,500,000 in fiscal
year 1983.".
(c) In section 7(c), delete the "and" following "1977;", change the
period at the end of the sentence to a semicolon, and add the following
words: "$3,000,000 in fiscal year 1979; $3,000,000 in fiscal year
1980; $3,500,000 in fiscal year 1981; $3,500,000 in fiscal year 1982;
and $4,000,000 in fiscal year 1983.".
(d) Add the following new subsection "(d)" to section 7:
"(d) Beginning fiscal year 1979, sums appropriated for purposes of
section 7 shall remain available until expended.".
CONTRACTS
Sec. 604. The Act entitled " An Act to improve the administration of
the National Park System by the Secretary of the Interior, and to
clarify the authorities applicable to the System, and for other
purposes" (84 Stat. 825) is amended as follows:
(1) At the end of section 8
// 16 USC 1a-5. //
add the following: " For the purposes of carrying out the
studies for potential new Park System units and for monitoring the
welfare of those resources, there are
authorized to be appropriated annually not to exceed $1,000,000.
For the purposes of monitoring the welfare and integrity of the
national landmarks, there are authorized to be appropriated
annually not to exceed $1,500,000.".
(2) In section 9,
// 16 USC 463. //
change "eleven" to "twelve".
(3) Delete section 12(b)
// 16 USC 1a-7. //
and insert in lieu the following:
"(b) General management plans for the preservation and use of each
unit of the National Park System, including areas within the national
capital area, shall be prepared and revised in a timely manner by the
Director of the National Park Service. On January 1 of each year, the
Secretary shall submit to the Congress a list indicating the current
status of completion or revision of general management plans for each
unit of the National Park System. General management plans for each
unit shall include, but not be limited to:
"(1) measures for the preservation of the area's resources;
"(2) indications of types and general intensities of
development (including visitor circulation and transportation
patterns, systems and modes) associated with public enjoyment and
use of the area, including general locations, timing of
implementation, and anticipated costs;
"(3) identification of and implementation commitments for
visitor carrying capacities for all areas of the unit; and
"(4) indications of potential modifications to the external
boundaries of the unit, and the reasons therefor.".
(4) In section 12(c) delete "or exceeding five years" and
insert "or of five years or more".
STUDIES
Sec. 605. // 16 USC 1a-5. //
(a) In recognition of the need for and desirability of protecting the
Oak Creek Canyon, Yavapai, and Soldiers Wash-Mormon Canyon areas in
Arizona as a unit or units of the National Park System, the Secretary,
in cooperation with the Secretary of Agriculture where national forest
lands are involved, shall conduct a study to determine a suitable
boundary for such unit or units of the System, including the areas
referred to herein together with such lands as may be apropriate to
provide for their protection and administration as a national monument
or other unit of the National Park System. Such study shall be
conducted in consultation with appropriate units of local government
concerned and the Sedona-Oak Creek Canyon Interagency Task Force. Such
study shall take into account existing patterns of use and activities in
the area and the possible adverse impacts a National Monument
designation in the area would have on multiple use activities important
to the local economy.
(b) The Secretary, in cooperation with the Secretary of Agriculture
where national forest lands are involved, shall conduct a study of the
boundary of Chiricahua National Monument, Arizona, to determine the
appropriate location of a boundary line for additions to the monument
which includes such highly scenic features as Cochise Head and which is
located to the extent practicable on natural topographic features.
(c) A report of each study conducted pursuant to subsections (a) and
(b) of this section shall be submitted by the Secretary to the Committee
on Interior and Insular Affairs of the House of Representatives and the
Committee on Energy and Natural Resources of the Senate not later than
one year following the date on which funds are appropriated for the
purpose of the study. Each report shall include a map or other
description of the boundary determined as a result of the study, a
description of the natural, scenic, and cultural features within the
boundary, and the recommendation of the Secretary with respect to such
further legislation as may be appropriate.
REPORTING
DATE
Sec. 606. (a) The first sentence of section 6(f)(7) of the Land and
Water Conservation Fund Act (78 Stat. 897) // 16 USC 4601l-8. // is
amended by inserting ",so as to be received by the Secretary no later
than December 31," after the word "transmit".
(b) The third sentence of such section 6(f)(7) of such Act // 16 USC
460l-8. //
is amended by striking out the period and inserting in lieu thereof
"by no later than March 1 of each year.".
Sec. 607. The words " September 1975" in section 1(b) of the Act of
December 31, 1975 // 16 USC 460gg. // (Public Law 94 - 199), are
deleted and replaced with the words " May 1978," to clarify that the
boundary between Saulsberry and Freezeout Saddles is the hydrologic
divide.
Sec. 608. // 16 USC 1a-5. // (a) In order to consider preserving in its
natural condition, the Irvine Coast-Laguna area, California from Newport
Beach to Laguna Beach as generally depicted on the map entitled " Irvine
Coast-Laguna Study Area", numbered IRV-90,000, and dated June 1978, and
in order to consider protection of the area's unique ecology and
topography, its watershed and marine environment, and public outdoor
recreation opportunities, the Secretary shall study, investigate, and
formulate recommendations on the feasibility and desirability of
establishing such area as a unit of the National Park System, such as a
park, recreation area, or seashore. The Secretary shall consult with
other appropriate Federal agencies, as well as with the appropriate
State and local bodies and officials involved, and shall coordinate the
study with applicable local and State plans and planning activities
relating to the area. Federal departments and agencies are authorized
and directed to cooperate with the Secretary and, to the extent
permitted by law, to furnish such statistics, data, reports, and other
material as the Secretary may deem necessary for purposes of the study.
(b) The Secretary shall submit to the President and the Congress of
the United States, within six months after the date of enactment of this
section, a report of his findings and recommendations. The report of
the Secretary shall contain, but not be limited to, findings with
respect to--,
(1) the scenic, scientific, natural, and outdoor recreation
values of the Irvine Coast-Laguna area;
(2) the type of Federal, State, and local programs that are
feasible and desirable in the public interest to preserve,
develop, and make accessible for public use the values identified;
and
(3) the relationship of any recommended national park,
recreation area, or seashore area to existing or proposed Federal,
State, and local programs to manage in the public interest the
natural
resources of the entire Irvine Coast-Laguna area.
(c) There is hereby authorized to be appropriated $50,000 to carry
out the provisions of this section.
Sec. 609. The first section of the Act entitled " An Act to provide
for the acquisition and preservation of the real property known as the
Ansley Wilcox House in Buffalo, New York, as a national historic site",
approved November 2, 1966 (Public Law 89 - 708), // 80 Stat. 1101. //
is amended by striking out "at no expense to the United States" and
inserting in lieu thereof "at no direct operating expense to the
Department of the Interior,".
Sec. 610. // 16 USC 241g. //
The area formerly known as the " Theodore Roosevelt National Memorial
Park", established by the Act of April 25, 1947 (61 Stat. 52), // 16 USC
241. // shall henceforth be known as the " Theodore Roosevilt National
Park".
Sec. 611. // 16 USC 441e-1. //
The area formerly known as the " Badlands National Monument",
established by Presidential Proclamation of January 25, 1939 (53 Stat.
2521), shall henceforth be known as the " Badlands National Park".
Sec. 612. // 16 USC 431. //
The Secretary of the Interior is authorized to convey for nominal
consideration to the National Academy of Sciences, United States
Reservation 332 A, located on the south side of Square Numbered 88
between 21st Street, 22d Street and Constitution Avenue in the District
of Columbia to erect and maintain a Memorial to Albert Einstein. The
title to said property shall remain with the National Academy of
Sciences so long as the property is used for access. At such time as
the property is no longer used for memorial purposes or public access is
restricted, title to said property shall revert to the United States.
Sec. 613. // 76 Stat. 1180. // The project for flood protection on
Big Hill Creek, Kansas, authorized by the Flood Control Act of 1962,
Public Law 87 - 874, shall hereafter be known and designated as the "
Pearson-Skubitz Big Hill Lake". Any reference in a law, map,
regulation, document, or record, or other paper of the United States to
such project shall be held to be a reference to the " Pearson-Skubitz
Big Hill Lake".
Sec. 614. Section 212(a) of the Act of October 15, 1966 (80 Stat.
915), // 16 USC 470t. // as amended (16 U.S.C. 470), is further amended
by adding the following at the end thereof:
" There are authorized to be appropriated not to exceed $2,250,000 in
fiscal year 1980.".
Sec. 701. Section 3(a) of the Wild and Scenic Rivers Act // 16 USC
1274. //
is amended by adding the following new paragraph at the end thereof:
"(16) PERE MARQUETTE, MICHIGAN.-- The segment downstream from the
junction of the Middle and Little South Branches to its junction with
United States Highway 31 as generally depicted on the boundary map
entitled ' Proposed Boundary Location, Pere Marquette Wild and Scenic
River,'; to be administered by the Secretary of Agriculturee. After
consultation with State and local governments and the interested public,
the Secretary shall take such action as is provided for under subsection
(b) with respect to the segment referred to in this paragraph within one
year from the date of enactment of this paragraph. Any development or
management plan prepared pursuant to subsection (b) shall include (a)
provisions for the dissemination of information to river users and (b)
such regulations relating to the recreational and other uses of the
river as may be necessary in order to protect the area comprising such
river (including lands contiguous or adjacent thereto) from damage or
destruction by reason of overuse and to protect its scenic, historic,
esthetic and scientific values. Such regulations shall further contain
procedures and means which shall be utilized in the enforcement of such
development and management plan. For the purposes of carrying out the
provisions of this Act with respect to the river designated by this
paragraph, there are authorized to be appropriated not more than
$8,125,000 for the acquisition of lands or interests in lands and
$402,000 for development.".
Sec. 702. Section 3(a) of the Wild and Scenic Rivers Act // 16 USC
1274. //
is amended by adding the following new paragraph at the end thereof:
"(17) RIO GRANDE, TEXAS.-- The segment on the United States side of
the river from river mile 842.3 above Mariscal Canyon downstream to
river mile 651.1 at the Terrell-Val Verde County line; to be
administered by the Secretary of the Interior. The Secretary shall,
within two years after the date of enactment of this paragraph, take
such action with respect to the segment referred to in this paragraph as
is provided for under subsection (b). The action required by such
subsection (b) shall be undertaken by the Secretary, after consultation
with the United States Commissioner, International Boundary and Water
Commission, United States and Mexico, and appropriate officials of the
State of Texas and its political subdivisions. The development plan
required by subsection (b) shall be construed to be a general management
plan only for the United States side of the river and such plan shall
include, but not be limited to, the establishment of a detailed boundary
which shall include an average of not more than 160 acres per mile.
Nothing in this Act shall be construed to be in conflict with--,
"(A) the commitments or agreements of the United States made by
or in pursuance of the treaty between the United States and Mexico
regarding the utilization of the Colorado and Tijuana Rivers and
of the Rio Grande, signed at Washington, February 1944 (59 Stat.
1219), or
"(B) the treaty between the United States and Mexico regarding
maintenance of the Rio Grande and Colorado River as the
international boundary between the United States and Mexico,
signed November 23, 1970.
// 23 UST 371. // For purposes of carrying out the provisions of this
Act with respect to the river designated by this paragraph, there are
authorized to be appropriated such sums as may be necessary, but not
more than $1,650,000 for the acquisition of lands and interests in lands
and not more than $1,800,000 for development.".
Sec. 703. Section 3(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(18) SKAGIT, WASHINGTON.-- The segment from the pipeline crossing at
Sedro-Woolley upstream to and including the mouth of Bacon Creek; the
Cascade River from its mouth to the junction of its North and South
Forks; the South Fork to the boundary of the Glacier Peak Wilderness
Area; the Suiattle River from its mouth to the boundary of the Glacier
Peak Wilderness Area at Milk Creek; the Sauk River from its mouth to
its junction with Elliott Creek; the North Fork of the Sauk River from
its junction with the South Fork of the Sauk to the boundary of the
Glacier Peak Wilderness Area; as generally depicted on the boundary map
entitled ' Skagit River--River Area Boundary'; all segments to be
administered by the Secretary of Agriculture. Riprapping related to
natural channels with natural rock along the shorelines of the Skagit
segment to preserve and protect agricultural land shall not be
considered inconsistent with the values for which such segment is
designated. After consultation with affected Federal agencies, State
and local government and the interested public, the Secretary shall take
such action as is provided for under subsection (b) with respect to the
segments referred to in this paragraph within one year from the date of
enactment of this paragraph; as part of such action, the Secretary of
Agriculture shall investigate that portion of the North Fork of the
Cascade River from its confluence with the South Fork to the boundary of
the North Cascades National Park and if such portion is found to qualify
for inclusion, it shall be treated as a component of the Wild and Scenic
Rivers System designated under this section upon publication by the
Secretary of notification to that effect in the Federal Register. For
the purposes of carrying out the provisions of this Act with respect to
the river designated by this paragraph there are authorized to be
appropriated not more than $11,734,000 for the acquisition of lands or
interest in lands and not more than $332,000 for development.".
PROVISIONS
Sec. 704. (a) Section 3(a) of the Wild and Scenic Rivers Act // 16
USC 1274. //
is amended by adding the following new paragraph at the end thereof:
"(19) UPPER DELAWARE RIVER, NEW YORK AND PENNSYLVANIA.--, The segment
of the Upper Delaware River from the confluence of the East and West
branches below Hancock, New York, to the existing railroad bridge
immediately downstream of Cherry Island in the vicinity of Sparrow Bush,
New York, as depicted on the boundary map entitled ' The Upper Delaware
Scenic and Recreational River', dated April 1978; to be administered by
the Secretary of the Interior. Subsection (b) of this section shall not
apply, and the boundaries and classifications of the river shall be as
specified on the map referred to in the preceding sentence, except to
the extent that such boundaries or classifications are modified pursuant
to section 705(c) of the National Parks and Recreation Act of 1978.
Such boundaries and classifications shall be published in the Federal
Register and shall not become effective until ninety days after they
have been forwarded to the Committee on Interior and Insular Affairs of
the United States House of Representatives and the Committee on Energy
and Natural Resources of the United States Senate. For purposes of
carrying out the provisions of this Act with respect to the river
designated by this paragraph there are authorized to be appropriated
such sums as may be necessary.".
(b)(1) Notwithstanding any requirement to the contrary contained in
section 6(c) of the Wild and Scenic Rivers Act, // 16 USC 1274. //
within one hundred and eighty days after the date of enactment of this
Act, // 16 USC 1277. // the Secretary shall publish in the Federal
Register general guidelines for land and water use control measures to
be developed and implemented by the appropriate officials of the States
of New York and Pennsylvania (hereinafter referred to as the "directly
affected States"), by the local political subdivisions, and by the
Delaware River Basin Commission (hereinafter referred to as the "
Commission"). The Secretary shall provide for participation in the
development of the said general guidelines by all levels of State,
county, and local government, and concerned private individuals and
organizations, and also shall seek the advice of the Upper Delaware
Citizens Advisory Council established in subsection (f) (hereinafter
referred to as the " Advisory Council"). In each of the directly
affected States, prior to publication of such general guidelines, public
hearings shall be conducted by the Secretary or his designee, in the
region of the Upper Delaware River designated by subsection (a)
(hereinafter in this section referred to as the " Upper Delaware
River").
(2) The Secretary may from time to time adopt amended or revised
guidelines and shall do so in accordance with the provisions of
paragraph (1) hereof.
(c)(1) Within three years from the date of the enactment of this Act,
// 16 USC 1274. // the Secretary, in coperation with the Commission,
the Advisory Council, the directly affected States and their concerned
political subdivisions and other concerned Federal agencies, shall
develop, approve, and submit to the Governors of the directly affected
States a management plan (hereinafter in this section referred to as the
"management plan" or "the plan") for the Upper Delaware River which
shall provide for as broad a range of land and water uses and scenic and
recreational activities as shall be compatible with the provisions of
this section, the Wild and Scenic Rivers Act, // 16 USC 1271. // and
the general guidelines for land and water use controls promulgated by
the Secretary under the provisions of subsection (b).
(2) The lan shall apply to the Upper Delaware River and shall set
forth--,
(A) a map showing detailed final landward boundaries, and upper
and lower termini of the area and the specific segments of the
river classified as scenic and recreational, to be administered in
accordance with such classifications;
(B) a program for management of existing and future land and
water use, including the application of available management
techniques;
(C) an analysis of the economic and environmental costs and
benefits of implementing the management plan including any impact
of the plan upon revenues and costs of local government;
(D) a program providing for coordinated implementation and
administration of the plan with proposed assignment of
responsibilities to the appropriate governmental unit at the
Federal, regional, State, and local levels; and
(E) such other recommendations or provisions as shall be deemed
appropriate to carry out the purposes of this section.
(3) Immediately following enactment of this Act, the Secretary,
through the National Park Service or such other designee, shall develop
and implement such interim programs as he shall deem necessary and
appropriate to protect the Upper Delaware River and its environs and to
protect the public health and safety. Such interim programs shall
include provisions for information to river users, education and
interpretation activities, and regulation of recreational use of the
river.
(4) To enable the directly affected States and their political
subdivisions to develop and implement programs compatible with the
management plan, the Secretary shall provide such technical assistance
to the said States and their political subdivisions as he deems
appropriate.
(5) The Secretary shall promote public awareness of and participation
in the development of the management plan, and shall develop and conduct
a concerted program to this end. Prior to final approval of the
management plan, the Secretary shall hold two or more public hearings in
the Upper Delaware River region of each directly affected State.
(6) Upon approval of the management plan by the Secretary, it shall
be published in the Federal Register and shall not become effective
until ninety days after it shall have been forwarded to the Committee on
Interior and Insular Affairs of the United States House of
Representatives and the Committee on Energy and Natural Resources of the
United States Senate. The plan shall be administered by the Secretary
in accordance with the provisions of this section and the Wild and
Scenic Rivers Act. The Secretary is hereby granted such authority as
may be required to implement and administer said plan.
(d) Notwithstanding any provision of the Wild and Scenic Rivers
Act, // 16 USC 1274. // the Secretary may not acquire more than a
total of four hundred and fifty acres of land and interests in land for
access, development sites, the preservation of scenic qualities, or for
any other purposes: Provided, That the Secretary may acquire additional
land and interests in land for such purposes not in excess of one
thousand acres if such additional acquisition is recommended and
provided for in the management plan as finally approved by the
Secretary. The limitations contained in this section shall not apply
under the circumstances set forth in subsection (e)(4) of this section.
Prior to acquisition of any land or interests in land which has been
used for business purposes during the annual period immediately
preceding the date of the enactment of this Act, the Secretary shall
first make such efforts as he deems reasonable to acquire easements or
restrictive covenants, or to enter into any other appropriate agreements
or arrangements with the owners of said land, consistent with the
purposes of this section.
(e)(1) For the purpose of protecting the integrity of the Upper
Delaware River, the Secretary shall review all relevant local plans,
laws, and ordinances to determine whether they substantially conform to
the approved management plan provided for in subsection (c) and to the
general guidelines promulgated by the Secretary pursuant to subsection
(b). Additionally, the Secretary shall determine the adequacy of
enforcement of such plans, laws, and ordinances, including but not
limited to review of building permits and zoning variances granted by
local governments, and amendments to local laws and ordinances.
(2) The purpose of such reviews shall be to determine the degree to
which actions by local governments are compatible with the purposes of
this section. Following the approval of the management plan and after a
reasonable period of time has elapsed, but not less than two years, upon
a finding by the Secretary that such plans, laws, and ordinances are
nonexistent, are otherwise not in conformance with the management plan
or guidelines, or are not being enforced in such manner as will carry
out the purposes of this section (as determined by the Secretary), the
Secretary may exercise the authority available to him under the
provisions of paragraph (4) hereof.
(3) To facilitate administration of this section, the Secretary may
contract with the directly affected States or their political
subdivisions to provide, on behalf of the Secretary, professional
services necessary for the review of relevant local plans, laws, and
ordinances, and of amendments thereto and variances therefrom, and for
the monitoring of the enforcement thereof by local governments having
jurisdiction over any area in the region to which the management plan
applies. The Secretary shall notify the appropriate State or local
officials as to the results of his review under this section within
forty-five days from the date he receives notice of the local government
action.
(4) In those sections of the Upper Delaware River where such local
plans, laws, and ordinances, or amendments thereto or variances
therefrom, are found by the Secretary not to be in conformance with the
guidelines or the management plan promulgated pursuant to subsections
(b) and (c) of this section, respectively, or are not being enforced in
such manner as will carry out the purposes of this section (as
determined by the Secretary), the Secretary is hereby authorized to
acquire land or interests in land in excess of the acreage provided for
in subsection (d) of this section. Land and interests in land acquired
pursuant to this subsection shall be restricted to the geographical area
of the local governmental unit failing to conform with the said
guidelines or management plan, and shall be limited to those lands
clearly and directly required, in the judgement of the Secretary, for
protection of the objectives of this Act. The total acreage of land and
interests in land acquired pursuant to this subsection shall not in any
event exceed the limitations contained in section 6(a) of the Wild and
Scenic Rivers Act. // 16 USC 1277. // This subsection shall apply
notwithstanding the first sentence of section 6(c) of the Wild and
Scenic Rivers Act. Notwithstanding any limitation on amounts authorized
to be appropriated for acquisition of land and interests in land which
is contained in section 3(a)(21) of the Wild and Scenic Rivers Act or in
any other provision of law, there are authorized to be appropriated such
sums as may be necessary to carry out this subsection.
(f)(1) At the earliest practicable date following enactment of this
Act, // 16 USC 1274. // but no later than one hundred and twenty days
thereafter, there shall be established an Upper Delaware Citizens
Advisory Council. The Advisory Council shall encourage maximum public
involvement in the development and implementation of the plans and
programs authorized by this section. It shall report to the Commission
and the Secretary from time to time during preparation of the management
plan. Following completion of the management plan, it shall report to
the Secretary and the Governors of the directly affected States no less
frequently than once each year its recommendations, if any, for
improvement in the programs authorized by this Act, or in the programs
of other agencies which may relate to land or water use in the Upper
Delaware River region.
(2) Membership on the Advisory Council shall consist of seventeen
members appointed as follows: there shall be--,
(A) six members from each of the directly affected States
appointed by the Secretary from nominations submitted by the
legislatures of the respective counties and appointed such that
two members shall be from each of Orange, Delaware, and Sullivan
Counties, New York, and three members shall be from each of Wayne
and Pike Counties, Pennsylvania (at lease one
appointee from each county shall be a permanent resident of a
municipality abutting the Upper Delaware River);
(B) two members appointed at large by each Governor of a
directly affected State; and
(C) one member appointed by the Secretary.
The Secretary shall designate one of the aforesaid members to serve as
Chairperson of the Advisory Council who shall be a permanent resident of
one of the aforementioned counties. Vacancies on the Advisory Council
shall be filled in the same manner in which the original appointment was
made. Members of the Advisory Council shall serve without compensation
as such, but the Secretary is authorized to pay expenses reasonably
incurred by the Advisory Council in carrying out its responsibilities
under this Act on vouchers signed by the Chairman.
(g) With respect to the land and water in areas which are not owned
by the United States but which are within the boundaries of the segment
of the Delaware River designated as a wild and scenic river under
subsection (a), the Secretary is authorized to enter into contracts with
the appropriate State or political subdivisions thereof pursuant to
which the Secretary may provide financial assistance to such State or
political subdivision for purposes of--,
(1) enforcing State and local laws in such areas, and
(2) removing solid waste from such areas and disposing of such
waste.
(h) Nothing in this section // 16 USC 1274. // shall be construed as
limiting the right to fish and hunt on any of the lands or waters within
the boundaries of the Upper Delaware River in the manner provided in
section 13 of the Wild and Scenic Rivers Act. // 16 USC 1284. //
(i) There are hereby authorized to be appropriated to carry out the
purposes of this section // 16 USC 1274. // such sums as may be
necessary.
(j) Where any provision of the Wild and Scenic Rivers Act // 16 USC
1274. // is inconsistent with any provisions of this section, the
provision of this section shall govern. In applying the provisions of
section 6(g)(3) of the Wild and Scenic Rivers Act, // 16 USC 1277. //
with regard to "improved property", the date specified therein, shall,
for purposes of the river designated in this Act, be the date of
enactment of this Act (rather than January 1, 1967).
Sec. 705. Section 3(a) of the Wild and Scenic Rivers Act // 16 USC
1274. // is amended by adding the following new paragraph at the end
thereof:
"(20) DELAWARE, NEW YORK, PENNSYLVANIA, AND NEW JERSEY.--, The
segment from the point where the river crosses the northern boundary of
the Delaware Water Gap National Recreation Area to the point where the
river crosses the southern boundary of such recreation area; to be
administered by the Secretary of the Interior. For purposes of carrying
out this Act with respect to the river designated by this paragraph,
there are authorized to be appropriated such sums as may be necessary.
Action required to be taken under subsection (b) of this section with
respect to such segment shall be taken within one year from the date of
enactment of this paragraph, except that, with respect to such segment,
in lieu of the boundaries provided for in such subsection (b), the
boundaries shall be the banks of the river. Any visitors facilities
established for purposes of use and enjoyment of the river under the
authority of the Act establishing the Delaware Water Gap National
Recreation Area shall be compatible with the purposes of this Act and
shall be located at an appropriate distance from the riv er.".
Sec. 706. Section 3(a) of the Wild and Scenic Rivers Act // 16 USC
1274. // is amended by adding the following new paragraph at the end
thereof:
"(21) American, California.--The North Fork from a point 0.3 mile
above Heath Springs downstream to a point approximately 1,000 feet
upstream of the Colfax-Iowa Hill Bridge, including the Gold Run Addition
Area, as generally depicted on the map entitled ' Proposed Boundary
Maps' contained in Appendix I of the document dated January 1978 and
entitled ' A Proposal: North Fork American Wild and Scenic River'
published by the United States Forest Service, Department of
Agriculture; to be designated as a wild river and to be administered by
agencies of the Departments of Interior and Agriculture as agreed upon
by the Secretaries of such Departments or as directed by the President.
Action required to be taken under subsection (b) shall be taken within
one year after the date of the enactment of this paragraph; in applying
such subsection (b) in the case of the Gold Run Addition Area, the
acreage limitation specified therein shall not apply and in applying
section 6(g)(3), // 12 USC 1277. // January 1 of the calendar year
preceding the calendar year in which this paragraph is enacted shall be
substituted for January 1, 1967. For purposes of carrying out the
provisions of this Act with respect to the river designated by this
paragraph, there are authorized to be appropriated not more than
$850,000 for the acquisition of lands and interests in land and not more
than $765,000 for development.".
Sec. 707. Section 3(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(22) Missouri River, Nebraska, South Dakota.--The segment from
Gavins Point Dam, South Dakota, fifty-nine miles downstream to Ponca
State Park, Nebraska, as generally depicted in the document entitled '
Review Report for Water Resources Development, South Dakota, Nebraska,
North Dakota, Montana', prepared by the Division Engineer, Missouri
River Division, Corps of Engineers, dated August 1977 (hereinafter in
this paragraph referred to as the ' August 1977 Report'). Such segment
shall be administered as a recreational river by the Secretary. The
Secretary shall enter into a written cooperative agreement with the
Secretary of the Army (acting through the Chief of Engineers) for
construction and maintenance of bank stabilization work and appropriate
recreational development. After public notice and consultation with the
State and local governments, other interested organizations and
associations, and the interested public, the Secretary shall take such
action as is required pursuant to subsection (b) within one year from
the date of enactment of this section. In administering such river, the
Secretary shall, to the extent, and in a manner, consistent with this
section--,
"(A) provide (i) for the construction by the United States of
such recreation river features and streambank stabilization
structures as the Secretary of the Army (acting through the Chief
of Engineers) deems necessary and advisable in connection with the
segment designated by this paragraph, and (ii) for the operation
and maintenance of all streambank stabilization structures
constructed in connection with such segment (including both
structures constructed before the date of enactment of this
paragraph and structures constructed after such date, and
including both structures constructed under the authority of this
section and structures constructed under the authority of any
other Act); and
"(B) permit access for such pumping and associated pipelines as
may be necessary to assure an adequate supply of water for owners
of land adjacent to such segment and for fish, wildlife, and
recreational uses outside the river corridor established pursuant
to this paragraph.
The streambank structures to be constructed and maintained under
subparagraph (A) shall include, but not be limited to, structures at
such sites as are specified with respect to such segment on pages 62 and
63 of the August 1977 Report, except that sites for such structures may
be relocated to the extent deemed necessary by the Secretary of the Army
(acting through the Chief of Engineers) by reason of physical changes in
the river or river area. The Secretary of the Army (acting through the
Chief of Engineers) shall condition the construction or maintenance of
any streambank stabilization structure or of any recreational river
feature at any site under subparagraph (A) (i) upon the availability to
the United States of such land and interests in land in such ownership
as he deems necessary to carry out such construction or maintenance and
to protect and enhance the river in accordance with the purposes of this
Act. Administration of the river segment designated by this paragraph
shall be in coordination with, and pursuant to the advice of a
Recreational River Advisory Group which may be established by the
Secretay. Such Group may include in its membership, representatives of
the affected States and political subdivisions thereof, affected Federal
agencies, and such organized private groups as the Secretary deems
desirable. Notwithstanding the authority to the contrary contained in
subsection 6(a) of this Act, // 16 USC 1277. // no land or interests in
land may be acquired without the consent of the owner: Provided, That
not to exceed 5 per centum of the acreage within the designated river
boundaries may be acquired in less than fee title without the consent of
the owner, in such instance of the Secretary's determination that
activities are occurring, or threatening to occur thereon which
constitute serious damage or threat to the integrity of the river
corridor, in accordance with the values for which this river was
designated. For purposes of carrying out the provisions of this Act
with respect to the river designated by this paragraph, there are
authorized to be appropriated not to exceed $21,000,000, for acquisition
of lands and interests in lands and for development.".
Sec. 708. Section 3(a) of the Wild and Scenic Rivers Act // 16 USC
1274. // is amended by adding the following new paragraph at the end
thereof:
"(23) Saint Joe, Idaho.--The segment above the confluence of the
North Fork of the Saint Joe River to Spruce Tree Campground, as a
recreational river; the segment above Spruce Tree Campground to Saint
Joe Lake, as a wild river, as generally depicted on the map entitled '
Saint Joe River Corridor Map' on file with the Chief of the Forest
Service and dated September 1978; to be administered by the Secretary
of Agriculture. Notwithstanding any other provision of law, the
classification of the Saint Joe River under this paragraph and the
subsequent development plan for the river prepared by the Secretary of
Agriculture shall at no time interfere with or restrict the maintenance,
use, or access to existing or future roads within the adjacent lands nor
interfere with or restrict present use of or future construction of
bridges across that portion of the Saint Joe designated as a
'recreational river' under this paragraph. Dredge or placer mining
shall be prohibited within the banks or beds of the main stem of the
Saint Joe and its tributary streams in their entirety above the
confluence of the main stem with the North Fork of the river. Nothing
in this Act shall be deemed to prohibit the removal of sand and gravel
above the high water mark of the Saint Joe River and its tributaries
within the river corridor by or under the authority of any public body
or its agents for the purposes of construction or maintenance of roads.
The Secretary shall take such action as is required under subsection (b)
of this section within one year from the date of enactment of this
paragraph. For the purposes of this river, there are authorized to be
appropriated not more than $1,000,000 for the acquisition of lands or
interest in lands.".
STUDY
Sec. 721. Section 5(a) of the Wild and Scenic Rivers Act // 16 USC
1276. // is amended by adding the following new paragraph at the end
thereof:
"(59) Kern, California.--The main stem of the North Fork from its
source to Isabella Reservoir excluding its tributaries.".
Sec. 722. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(60) Loxahatchee, Florida.--The entire river including its
tributary, North Fork.".
Sec. 723. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(61) Ogeechee, Georgia.--The entire river.".
FOR STUDY
Sec. 724. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(62) Salt, Arizona.--The main stem from a point on the north side of
the river intersected by the Fort Apache Indian Reservation boundary
(north of Buck Mountain) downstream to Arizona State Highway 288.".
Sec. 725. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(63) Verde, Arizona.--The main stem from the Prescott National
Forest boundary near Paulden to the vicinity of Table Mountain,
approximately 14 miles above Horseshoe Reservoir, except for the segment
not included in the national forest between Clarkdale and Camp Verde,
North segment.".
Sec. 726. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(64) San Francisco, Arizona.--The main stem from confluence with the
Gila upstream to the Arizona-New Mexico border, except for the segment
between Clifton and the Apache National Forest.".
Sec. 727. Section 5(a) of the Wild and Scenic Rivers Act // 16 USC
1276. // is amended by adding the following new paragraph at the end
thereof:
"(65) Fish Creek, New York.--The entire East Branch.".
Sec. 728. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(66) Black Creek, Mississippi.--The segment from Big Creek Landing
in Forrest County downstream to Old Alexander Bridge Landing in Stone
County.".
Sec. 729. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(67) Allegheny, Pennsylvania.--The main stem from Kinzua Dam
downstream to East Brady.".
Sec. 730. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(68) Cacapon, West Virginia.--The entire river.".
Sec. 731. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(69) Escatawpa, Alabama And Mississippi.--The segment upstream from
a point approximately one mile downstream from the confluence of the
Escatawpa River and Jackson Creek to a point where the Escatawpa River
is joined by the Yellowhouse Branch in Washington County, Alabama, near
the town of Deer Park, Alabama; and the segment of Brushy Creek
upstream from its confluence with the Escatawpa to its confluence with
Scarsborough Creek.".
Sec. 732. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(70) Myakka, Florida.--The segment south of the southern boundary of
the Myakka River State Park.".
Sec. 733. Section 5(a) of the Wild and Scenic Rivers Act is amended
by adding the following new paragraph at the end thereof:
"(71) Soldier Creek, Alabama.--The segment beginning at the point
where Soldier Creek intersects the south line of section 31, township 7
south, range 6 east, downstream to a point on the south line of section
6, township 8 south, range 6 east, which point is 1,322 feet west of the
south line of section 5, township 8 south, range 6 east in the county of
Baldwin, State of Alabama.".
Sec. 734. Section 5(a) of the Wild and Scenic Rivers Act // 16 USC
1276. // is amended by adding the following paragraph at the end
thereof:
"(72) Red, Kentucky.--The segment from Highway numbered 746 (also
known as Spradlin Bridge) in Wolf County, Kentucky, downstream to the
point where the river descends below seven hundred feet above sea level
(in its normal flow) which point is at the Menifee and Powell County
line just downstream of the iron bridge where Kentucky Highway numbered
77 passes over the river.".
Sec. 735. Paragraph (3) of section 5(b) of the Wild and Scenic
Rivers Act is redesignated as paragraph (4) and is amended by striking
out "$2,175,000" and substituting "$4,060,000". Such paragraph is
further amended by adding the following at the end thereof: " There are
authorized to be appropriated for the purpose of conducting the studies
of the rivers named in subparagraphs (59) through (74) such sums as may
be necessary.".
Sec. 736. Section 5(b) of the Wild and Scenic Rivers Act is amended
by inserting the following new paragraph after paragraph (2):
"(3) The studies of the rivers named in paragraphs (59) through (72)
of subsection (a) shall be completed and reports submitted thereon not
later than five full fiscal years after the date of the enactment of
this paragraph. The study of rivers named in paragraphs (62) through
(64) of subsection (a) shall be completed and the report thereon
submitted by not later than April 1981.".
Sec. 751. Section 16(a) of the Wild and Scenic Rivers Act // 16 USC
1287. // is amended by striking out " Eleven Point, Missouri,
$4,906,500" and substituting " Eleven Point, Missouri, $10,407,000".
Sec. 752. Section 16(a) of the Wild and Scenic Rivers Act is amended
by striking out " Rogue, Oregon, $12,447,200" and substituting " Rogue,
Oregon, $15,147,000".
Sec. 753. Section 16(a) of the Wild and Scenic Rivers Act is amended
by striking out " Saint Croix, Minnesota and Wisconsin, $11,768,550" and
substituting " Saint Croix, Minnesota and Wisconsin, $21,769,000".
Sec. 754. Section 16(a) of the Wild and Scenic Rivers Act is amended
by striking out " Salmon, Middle Fork, Idaho, $1,237,100" and
substituting " Salmon, Middle Fork, Idaho, $1,837,000".
Sec. 755. Section 3(a)(10) of the Wild and Scenic Rivers Act // 16
USC 1274. // (relating to the Chattooga River in North Carolina, South
Carolina, and Georgia) is amended by striking out "$2,000,000" and
inserting in lieu thereof "$5,200,000".
Sec. 761. Section 2(a) of the Wild and Scenic Rivers Act // 16 USC
1273. // is amended by striking out "without expense to the United
States" and by adding the following at the end thereof: " Upon receipt
of an application under clause (ii) of this subsection, the Secretary
shall notify the Federal Energy Regulatory Commission and publish such
application in the Federal Register. Each river designated under clause
(ii) shall be administered by the State or political subdivision thereof
without expense to the United States other than for administration and
management of federally owned lands. For purposes of the preceding
sentence, amounts made available to any State or political subdivision
under the Land and Water Conservation Act of 1965 // 16 USC 460l-4. //
or any other provision of law shall not be treated as an expense to the
United States. Nothing in this subsection shall be construed to provide
for the transfer to, or administration by, a State or local authority of
any federally owned lands which are within the boundaries of any river
included within the system under clause (ii).".
Sec. 762. Section 12(a) of the Wild and Scenic Rivers Act // 16 USC
1283. // is amended by striking out the first sentence thereof and
substituting: " The Secretary of the Interior, the Secretary of
Agriculture, and the head of any other Federal department or agency
having jurisdiction over any lands which include, border upon, or are
adjacent to, any river included within the National Wild and Scenic
Rivers System or under consideration for such inclusion, in accordance
with section 2(a)(ii), 3(a), or 5(a), // 16 USC 1274, 1276. // shall
take such action respecting management policies, regulations, contracts,
plans, affecting such lands, following the date of enactment of this
sentence, as may be necessary to protect such rivers in accordance with
the purposes of this Act. Such Secretary or other department or agency
head shall, where appropriate, enter into written cooperative agreements
with the appropriate State or local official for the planning,
administration, and management of Federal lands which are within the
boundaries of any rivers for which approval has been granted under
section 2(a)(ii).".
Sec. 763. (a) Section 3(b) of the Wild and Scenic Rivers Act // 16
USC 1274. // is amended by inserting after "one year from the date of
this Act" the following: "(except where a different date is provided in
subsection (a)".
(b) Section 6(g) (3) of ssuch Act // USC 1277. // is amended by
inserting after " January 1, 1967," the following "(except where a
different date is specifically provided by law with respect to any
particular river)".
(c) Section 16(b) of such Act // 16 USC 1287. // is deleted in its
entirety, and section 16(a) is renumbered as section 16.
Sec. 764. The Wild and Scenic Rivers Act is amended by adding the
following new section after section 14:
" Sec. 14 A. // 16 USC 1285a. // (a) Where appropriate in the
discretion of the Secretary, he may lease federally owned land (or any
interest therein) which is within the boundaries of any component of the
National Wild and Scenic Rivers System and which has been acquired by
the Secretary under this Act. Such lease shall be subject to such
restrictive covenants as may be necessary to carry out the purposes of
this Act.
"(b) Any land to be leased by the Secretary under this section shall
be offered first for such lease to the person who owned such land
immediately before its acquisition by the United States.".
Sec. 801. Within the War in the Pacific National Historical Park,
Guam, and the American Memorial Park, Saipan, the Secretary, acting
through the Director of the National Park Service, and in consultation
with the Governor of each area, is authorized to provide in each of
these parks some form of appropriate recognition of the outstanding
contributions and untiring commitments of the late Congressman William
M. Ketchum of California toward the needs of the people of the insular
areas. Fully cognizant of sacrifices that sometimes must be made in
order to preserve the basic principles of democracy, Congressman Ketchum
personally experienced the devastations of war, as he served with
distinction in the United States military during the Second World War in
the Pacific Theater and during the Korean Conflict. Congressman
Ketchum, an individual of strong principle and commitment, through his
leadership and active participation in the United States Congress, made
substantial and invaluable contributions to the political and economic
growth, development, and well-being of American Samoa, Guam, the
Northern Mariana Islands, the Trust Territory of the Pacific Islands,
and the Virgin Islands. In particular, he will be remembered for the
key role he played in the passage of the historic Covenant to establish
a Commonwealth of the Northern Mariana Islands in political union with
the United States.
Sec. 901. // 16 USC 230. //
In order to preserve for the education, inspiration, and benefit of
present and future generations significant examples of natural and
historical resources of the Mississippi Delta region and to provide for
their interpretation in such manner as to portray the development of
cultural diversity in the region, there is authorized to be established
in the State of Louisiana the Jean Lafitte National Historical Park and
Preserve (hereinafter referred to as the "park"). The park shall consist
of (1) the area of approximately twenty thousand acres generally
depicted on the map entitled " Barataria Marsh Unit-Jean Lafitte
National Historical Park and Preserve" numbered 90,000 B and dated April
1978, which shall be on file and available for public inspection in the
office of the National Park Service, Department of the Interior; (2)
the area known as Big Oak Island; (3) an area or areas within the
French Quarter section of the city of New Orleans as may be designated
by the Secretary of the Interior for an interpretive and administrative
facility; (4) the Chalmette National Historical Park; and (5) such
additional natural, cultural, and historical resources in the French
Quarter and Garden District of New Orleans, forts in the delta region,
plantations, and Acadian towns and villages in the Saint Martinville
area and such other areas and sites as are subject to cooperative
agreements in accordance with the provisions of this title.
Sec. 902. // 16 USC 230a. // (a) Within the Barataria Marsh Unit the
Secretary is authorized to acquire not to exceed eight thousand acres of
lands, waters, and interests therein (hereinafter referred to as the
"core area"), as depicted on the map referred to in the first section of
this title, by donation, purchase with donated or appropriated funds, or
exchange. The Secretary may also acquire by any of the foregoing
methods such lands and interests therein, including leasehold interests,
as he may designate in the French Quarter of New Orleans for development
and operation as an interpretive and administrative facility. Lands,
waters, and interests therein owned by the State of Louisiana or any
political subdivision thereof may be acquired only by donation. In
acquiring property pursuant to this title, the Secretary may not acquire
right to oil and gas without the consent of the owner, but the exercise
of such rights shall be subject to such regulations as the Secretary may
promulgate in furtherance of the purposes of this title.
(b) With respect to the lands, waters, and interests therein
generally depicted as the "park protection zone" on the map referred to
in the first section of this title, the Secretary shall, no later than
six months from the date of enactment of this Act, in consultation with
the affected State and local units of government, develop a set of
guidelines or criteria applicable to the use and development of
properties within the park protection zone to be enacted and enforced by
the State or local units of government.
(c) The purpose of any guideline developed pursuant to subsection (b)
of this section shall be to preserve and protect the following values
within the core area:
(1) fresh water drainage patterns from the park protection zone
into the core area;
(2) vegetative cover;
(3) integrity of ecological and biological systems; and
(4) water and air quality.
(d) Where the State or local units of government deem it appropriate,
they may cede to the Secretary, and the Secretary is authorized to
accept, the power and authority to confect and enforce a program or set
of rules pursuant to the guidelines established under subsection (b) of
this section for the purpose of protecting the values described in
subsection (c) of this section.
(e) The Secretary, upon the failure of the State or local units of
government to enact rules pursuant to subsection (b) of this section or
enforce such rules so as to protect the values enumerated in subsection
(c) of this section, may acquire such lands, servitudes, or interests in
lands within the park protection zone as he deems necessary to protect
the values enumerated in subsection (c) of this section.
(f) The Secretary may revise the boundaries of the park protection
zone, notwithstanding any other provision of law, to include or exclude
properties, but only with the consent of Jefferson Parish.
Sec. 903. // 16 USC 230b. // Within the Barataria Marsh Unit, the
owner or owners of improved property used for noncommercial residential
purposes on a year-round basis may, as a condition of the acquisition of
such property by the Secretary, elect to retain a right of use and
occupancy of such property for noncommercial residential purposes if, in
the judgment of the Secretary, the continued use of such property for a
limited period would not unduly interfere with the development or
management of the park. Such right of use and occupancy may be either a
period ending on the death of the owner or his spouse, whichever occurs
last, or a term of not more than twenty-five years, at the election of
the owner. Unless the property is donated, the Secretary shall pay to
the owner the fair market value of the property less the fair market
value of the right retained by the owner. Such right may be transferred
or assigned and may be terminated by the Secretary, if he finds that the
property is not used for noncommercial residential purposes, upon tender
to the holder of the right an amount equal to the fair market value of
the unexpired term. As used in this section, the term "improved
property" means a single-family, year-round dwelling, the construction
of which was begun before January 1, 1977, which serves as the owner's
permanent place of abode at the time of its acquisition by the United
States, together with not more than three acres of land on which the
dwelling and appurtenant buildings are located which the Secretary finds
is reasonably necessary for the owner's continued use and occupancy of
the dwelling.
Sec. 904. // 16 USC 230c. // In furtherance of the purposes of this
title, and after consultation with the Commission created by section 7
of this title, the Secretary is authorized to enter into cooperative
agreements with the owners of properties of natural, historical, or
cultural significance, including but not limited to the resources
described in paragraphs (1) through (5) of the first section of this
title, pursuant to which the Secretary may mark, interpret, restore
and/or provide technical assistnce for the preservation and
interpretation of such properties, and pursuant to which the Secretary
may provide assistance including management services, program
implementation, and incremental financial assistance in furtherance of
the standards for administration of the park pursuant to section 906 of
this title. Such agreements shall contain, but need not be limited to,
provisions that the Secretary, through the National Park Service, shall
have the right of access at all reasonable times to all public portions
of the property covered by such agreement for the purpose of conducting
visitors through such properties and interpreting them to the public,
and that no changes or alterations shall be made in such properties
except by mutual agreement between the Secretary and the other parties
to such agreements. The agreements may contain specific provisions which
outline in detail the extent of the participation by the Secretary in
the restoration, preservation, interpretation, and maintenance of such
properties.
Sec. 905. // 16 USC 230d. // Within the Barataria Marsh Unit, the
Secretary shall permit hunting, fishing (including commercial fishing),
and trapping in accordance with applicable Federal and State laws,
except that within the core area and on those lands acquired by the
Secretary pursuant to section 902(c) of this title, he may designate
zones where and establish periods when no hunting, fishing, or trapping
shall be permitted for reasons of public safety. Except in emergencies,
any regulations of the Secretary promulgated under this section shall be
put into effect only after consultation with the appropriate fish and
game agency of Louisiana.
Sec. 906. // 16 USC 230e. // The Secretary shall establish the park
by publication of a notice to that effect in the Federal Register at
such time as he finds that, consistent with the general management plan
referred to in section 908, sufficient lands and interests therein (i)
have been acquired for interpretive and administrative facilities, (ii)
are being protected in the core area, and (iii) have been made the
subject of cooperative agreements pursuant to section 904. Pending such
establishment and thereafter the Secretary shall administer the park in
accordance with the provisions of this title, the Act of August 25, 1916
(39 Stat. 535), // 16 USC 1 et seq. // the Act of August 21, 1935 (49
Stat. 666), // 16 USC 461 note. // and any other statutory authorities
available to him for the conservation and management of natural,
historical, and cultural resources.
Sec. 907. // 16 USC 230f. // (a) There is established the Delta
Region Preservation Commission (hereinafter referred to as the "
Commission"), which shall consist of the following:
(1) two members appointed by the Governor of the State of
Louisiana;
(2) two members appointed by the Secretary from recommendations
submitted by the President of Jefferson Parish;
(3) two members appointed by the Secretary from recommendations
submitted by the Jefferson Parish Council;
(4) two members appointed by the Secretary from recommendations
submitted by the mayor of the city of New Orleans;
(5) one member appointed by the Secretary from recommendations
submitted by the commercial fishing industry;
(6) three members appointed by the Secretary from
recommendations submitted by local citizen conservation
organizations in the delta region; and
(7) one member appointed by the Chairman of the National
Endowment for the Arts.
(b) Members of the Commission shall serve without compensation as
such. The scretary is authorized to pay the expenses reasonably
incurred by the non-Federal members of the Commission in carrying out
their duties.
(c) The function of the Commission shall be to advise the Secretary
in the selection of sites for inclusion in the park, in the development
and implementation of a general management plan, and in the development
and implementation of a comprehensive interpretive program of the
natural, historic, and cultural resources of the region. The Commission
shall inform interested members of the public, the State of Louisiana
and its political subdivisions, and interested Federal agencies with
respect to existing and proposed actions and programs having a material
effect on the perpetuation of a high-quality natural and cultural
environment in the delta region.
(d) The Commission shall act and advise by affirmative vote of a
majority of its members: Provided, That any recommendation of the
Commission that affects the use or development, or lack thereof, of
property located solely within a single parish or municipality shall
have the concurrence of a majority of the members appointed from
recommendations submitted by such parish or municipality.
(e) The Directors of the Heritage Conservation and Recreation Service
and the National Park Service shall serve as ex officio members of the
Commission and provide such staff support and technical services as may
be necessary to carry out the functions of the Commission.
Sec. 908. // 16 USC 230g. // (a) The is authorized to be
appropriated, to carry out the provisions of this title, not to exceed
$50,000,000 from the Land and Water Conservation Fund for acquisition of
lands, waters, and interests therein and such sums as necessary for the
development of essential facilities.
(b) Within three years from the date of enactment of this title, the
Secretary, after consultation with the Commission, shall submit to the
Committee on Interior and Insular Affairs of the House of
Representatives, and the Committee on Energy and Natural Resources of
the Senate a general management plan for the park indicating--,
(1) transportation alternatives for public access to the park;
(2) the number of visitors and types of public use within the
park which can be accommodated in accordance with the protection
of its resources;
(3) the location and estimated cost of facilities deemed
necessary to accommodate such visitors and uses; and
(4) a statement setting forth the actions which have been and
should be taken to assure appropriate protection, interpretation,
and management of the areas known as Big Oak Island and Couba
Island.
Sec. 909. The area described in the Act of October 9,1962 (76 Stat.
755), as the " Chalmette National Historical Park" // 16 USC 230h. //
is hereby redesignated as the Chalmette Unit of the Jean Lafitte
National Historical Park. Any references to the Chalmette National
Historical Park shall be deemed to be references to said Chalmette Unit.
Sec. 910. // 16 USC 230i. // By no later than the end of the first
full fiscalyear following the date of enactment of this section, the
Secretary shall submit to the Committee on Interior and Insular Affairs
of the House of Representatives and the Committee on Energy and Natural
Resources of the Senate, a comprehensive report with recommendations as
to sites within the Mississippi River Delta Region which constitute
nationally significant examples of natural resources within that region.
Sec. 1001. This title // 16 USC 2501. // may be cited as the "
Urban Park and Recreation Recovery Act of 1978".
Sec. 1002. // 16 USC 2501. // The Congress finds that--,
(a) the quality of life in urban areas is closely related to
the availability of fully functional park and recreation systems
including land, facilities, and service programs;
(b) residents of cities need close-to-home recreational
opportunities that are adequate to specialized urban demands, with
parks and facilities properly located, developed, and well
maintained;
(c) the greatest recreational deficiencies with respect to
land, facilities, and programs are found in many large cities,
especially at the neighborhood level;
(d) inadequate financing of urban recreation programs due to
fiscal difficulties in many large cities has led to the
deterioration of facilities, nonavailability of recreation
services, and an inability to adapt recreational programs to
changing circumstances; and
(e) there is no existing Federal assistance program which fully
addresses the needs for physical rehabilitation and revitalization
of these park and recreation systems.
Sec. 1003. The purpose of this title is to authorize the Secretary
to establish an urban park and recreation recovery program which would
provide Federal grants to economically hard-pressed communities
specifically for the rehabilitation of critically needed recreation
areas, facilities, and development of improved recreation programs for a
period of five years. This short-term program is intended to complement
existing Feeral programs such as the Land and Water Conservation Fund
and Community Development Grant Programs by encouraging and stimulating
local governments to revitalize their park and recreation systems and to
make long-term commitments to continuing maintenance of these systems.
Such assistance shall be subject to such terms and conditions as the
Secretary considers appropriate and in the public interest to carry out
the purposes of this title.
Sec. 1004. When used in this title // 16 USC 2503. // the term--,
(a) "recreational areas and facilities" means indoor or outdoor
parks, buildings, sites, or other facilities which are dedicated
to recreation purposes and administered by public or private
nonprofit agencies to serve the recreation needs of community
residents. Emphasis shall be on public facilities readily
accessible to residential neighborhoods, including multiple-use
community centers which have recreation as one of their primary
purposes, but excluding major sports arenas, exhibition areas, and
conference halls used primarily for commercial sports, spectator,
or display activities;
(b) "rehabilitation grants" means matching capital grants to
local governments for the purpose of rebuilding, remodeling,
expanding, or developing existing outdoor or indoor recreation
areas and facilities, including improvements in park landscapes,
buildings, and support facilities, but excluding routine
maintenance
and upkeep activities;
(c) "innovation grants" means matching grants to local
governments to cover costs of personnel, facilities, equipment,
supplies, or services designed to demonstrate innovative and
cost-effective ways to augment park and recreation opportunities
at the neighborhood level and to address common problems related
to facility operations and improved delivery of recreation
service, and which shall exclude routine operation and maintenance
activities;
(d) "recovery action program grants" means matching grants to
local governments for development of local park and recreation
recovery action programs to meet the requirements of this title.
Such grants will be for resource and needs assessment,
coordination, citizen involvement and planning, and program
development activities to encourage public definition of goals,
and develop priorities and strategies for overall recreation
system recovery;
(e) "maintenance" means all commonly accepted practices
necessary to keep recreation areas and facilities operating in a
state of good repair and to protect them from deterioration
resulting from normal wear and tear;
(f) "general purpose local government" means any city, county,
town, township, parish, village, or other general purpose
political subdivision of a State, including the District of
Columbia, and insular areas;
(g) "special purpose local government" means any local or
regional special district, public-purpose corporation or other
limited political subdivision of a State, including but not
limited to park authorities; park, conservation, water or
sanitary districts; and school districts;
(h) "private, nonprofit agency" means a community-based,
nonprofit organization, corporation, or association organized for
purposes of providing recreational, conservation, and educational
services directly to urban residents on either a neghborhood or
communitywide basis through voluntary donations, voluntary labor,
or public or private grants;
(i) " State" means any State of the United States or any
instrumentality of a State approved by the Governor; the
Commonwealth of Puerto Rico, and insular areas; and
(j) "insular areas" means Guam, the Virgin Islands, American
Samoa, and the Northern Mariana Islands.
Sec. 1005. // 16 USC 2504. // (a) Eligibility of general purpose
local governments for assistance under this title shall be based upon
need as determined by the Secretary. Within one hundred and twenty days
after the effective date of this title, the Secretary shall publish in
the Federal Register, a list of the local governments eligible to
participate in this program, to be accompanied by a discussion of
criteria used in determining eligibility. " Such criteria shall be based
upon factors which the Secretary determines are related to deteriorated
recreational facilities or systems, and physical and economic distress."
(b) Notwithstanding the list of eligible local governments
established in accordance with subsection (a), the Secretary is also
authorized to establish eligibility, at his discretion and in accord
with the findings and purpose of this title, to other general purpose
local governments in standard metropolitan statistical areas as defined
by the census: Provided, That grants to these discretionary applicants
do not exceed in the aggregate 15 per centum of funds appropriated under
this title for rehabilitation, innovation, and recovery action program
grants.
(c) The Secretary shall also establish priority criteria for project
selection and approval which consider such factors as--,
(1) population;
(2) condition of existing recreation areas and facilities;
(3) demonstrated deficiencies in access to neighborhood
recreation opportunities, particularly for minority, and low-and
moderate-income residents;
(4) public participation in determining rehabilitation or
development needs;
(5) the extent to which a project supports or complements
target activities undertaken as part of a local government's
overall community development and urban revitalization program;
(6) the extent to which a proposed project would provide
employment opportunities for minorities, youth, and low-and
moderate-income residents in the project neighborhood and/or would
provide for participation of neighborhood, nonprofit or tenant
organizations in the proposed rehabilitation activity or in
subsequent maintenance, staffing, or supervision of recreation
areas and facilities; and
(7) the amount of State and private support for a project as
evidenced by commitments of non-Federal resources to project
construction or operation.
Sec.1006. // 16 USC 2505. // (a) The Secretary is authorized to
provide 70 per centum matching rehabilitation and innovative grants
directly to eligible general purpose local governments upon his approval
of applications therfor by the chief executives of such governments.
(1) At the discretion of such applicants, and if consistent with an
approved application, rehabilitation and innovation grants may be
transferred in whole or in part to independent special purpose local
governments, private nonprofit agencies or county or regional park
authorities: Provided, That assisted recreation areas and facilities
owned or managed by them offer recreation opportunities to the general
population within the jurisdictional boundaries of an eligible
applicant.
(2) Payments may be made only for those rehabilitation or innovative
projects which have been approved by the Secretary. Such payments may
be made from time to time in keeping with the rate of progress toward
the satisfactory completion of a project, except that the Secretary may,
when appropriate, make advance payments on approved rehabilitation and
innovative projects in an amount not to exceed 20 per centum of the
total project cost.
(3) The Secretary may authorize modification of an approved project
only when a grantee has adequately demonstrated that such modification
is necessary because of circumstances not foreseeable at the time a
project was proposed.
(b) Innovation grants should be closely tied to goals, priorities,
and implementation strategies expressed in local park and recreation
recovery action programs, with particular regard to the special
considerations listed in section 1007 (b) (2).
Sec.1007. // 16 USC 2506. // (a) As a requirement for project
approval, local governments applying for assistance under this title
shall submit to the Secretary evidence of their commitments to ongoing
planning, rehabilitation, service, operation, and maintenance programs
for their park and recreation systems. These commitments will be
expressed in local park and recreation recovery action programs which
maximize coordination of all community resources, including other
federally supported urban development and recreation programs. During
an initial interim period to be established by regulations under this
title, this requirement may be satisfied by local government submissions
of preliminary action programs which briefly define objectives,
priorities, and implementation strategies for overall system recovery
and maintenance and commit the applicant to a scheduled program
development process. Following this interim period, all local applicants
shall submit to the Secretary, as a condition of eligibility, a
five-year action program for park and recreation recovery that
satisfactorily demonstrate:
(1) systematic identification of recovery objectives,
priorities, and implementation strategies;
(2) adequate planning for rehabilitation of specific recreation
areas and facilities, including projections of the cost of
proposed projects;
(3) capacity and commitment to assure that facilities provided
or improved under this title shall thereafter continue to be
adequately maintained, protected, staffed, and supervised;
(4) intention to maintain total local public outlays for park
and recreation purposes at levels at least equal to those in the
year
preceding that in which grant assistance is sought beginning in
fiscal year 1980 except in any case where a reduction in park and
recreation outlays is proportionate to a reduction in overall
spending
by the applicant; and
(5) the relationship of the park and recreation recovery
program to overall community development and urban revitalization
efforts.
When appropriate, the Secretary may encourage local governments to meet
action program requirements through a continuing planning process which
includes peridic improvements and updates in action program submissions
to eliminate identified gaps in program information and policy
development.
(b) Action programs shall address, but are not limited to the
following considerations:
(1) Rehabilitation of existing receational sites and
facilities, including general systemwide renovation; special
rehabilitation requirements for recreational sites and facilities
in areas of high population concentration and economic distress;
and restoration of outstanding or unique strctures, landscaping,
or similar features in parks of historical or architectural
significance.
(2) Local commitments to innovative and cost-effective programs
and projects at the neighborhood level to augment recovery of park
and recreation systems, including but not limited to recycling of
abandoned schools and other public buildings for recreational
purposes; multiple use of operating educational and other
public buildings; purchase of recreation services on a contractual
basis; use of mobile facilities and recreational, cultural, and
educational programs or other innovative approaches to improving
access for neighborhood residents; integration of recovery
program with federally assisted projects to maximize recreational
opportunities through conversion of abandoned railroad and
highway rights-of-way, waterfront, and other redevelopment
efforts and such other federally assisted projects as may be
appropriate; conversion of recreation use of street space,
derelict land, and other public lands not now designated for
neighborhood recreational use; and use of various forms of
compensated and uncompensated land regulation, tax inducements, or
other means to encourage the private sector to provide
neighborhood park and recreation facilities and programs.
The Secretary shall establish and publish in the Federal Register
requirements for preparation, submission, and updating of local park and
recreation recovery action programs.
(c) RECOVERY ACTION PROGRAM GRANTS.-- The Secretary is authorized to
provide up to 50 per centum matching grants to eligible local applicants
for program development and planning specifically to meet the objectives
of this title.
Sec. 1008. The Secretary is authorized to increase Federal
implementation grants authorized in section 1006 // 16 USC 2507. // by
providing an additional match equal to the total match provided by a
State of up to 15 per centum of total project costs. In no event may
the Federal matching amount exceed 85 per centum of total project cost.
The Secretary shall further encourage the States to assist him in
assuring that local recovery plans and programs are adequately
implemented by cooperating with the Department of the Interior in
monitoring local park and recreation recovery plans and programs and in
assuring consistency of such plans and programs, where appropriate, with
State recreation policies as set forth in statewide comprehensive
outdoor recreation plans.
Sec. 1009. The non-Federal share of project costs assisted under
this Title // 16 USC 2508. // may be derived from general or special
purpose State or local revenues. State categorical grants, special
appropriations by State legislatures, donations of land, buildings, or
building materials and/or in-kind construction, technical, and planning
services. No moneys from the Land and Water Conservation Fund (77 Stat.
49), as amended, or from any other Federal grant program other than
general revenue sharing and the community development block grant
programs shall be used to match Federal grants under this program.
Reasonable local costs of action program development to meet the
requirements of section 1007 (a) of this title may be used as part of
the local match only when local applicants have not received program
development grants under the authority of section 1007 (c) of this
title. The Secretary shall encourage States and private interests to
contribute, to the maximum extent possible, to the non-Federal share of
project costs.
Sec. 1010. // 16 USC 2509. // No property improved or developed with
assistance under this title shall, without the approval of the
Secretary, be converted to other than public recreation uses. The
Secretary shall approve such conversion only if he finds it to be in
accord with the current local park and recreation recovery action
program and only upon such conditions as he deems necessary to assure
the provision of adequate recreation properties and opportunities of
reasonably equivalent location and usefulness.
Sec. 1011. // 16 USC 2510. // The Secretary shall (a) coordinate the
urban park and recreation recovery program with the total urban recovery
effort and cooperate to the fullest extent possible with other Federal
departments and agencies and with State agencies which administer
programs and policies affecting urban areas, including but not limited
to, programs in housing, urban development, natural resources
management, employment, transportation, community services, and
voluntary action; (b) encourage maximum coordination of the program
between appropriate State agencies and local applicants; and (c)
require that local applicants include provisions for participation of
community and neighborhood residents and for public-private coordination
in recovery planning and project selection.
Sec. 1012. // 16 USC 2511. //
Each recipient of assistance under this title shall keep such records
as the Secretary shall prescibe, including records which fully discloe
the amount and disposition of project undertakings in connection with
which assistance under this title is given or used, and the amount and
nature of that portion of the cost of the project or undertaking
supplied by other sources, and such other records as will facilitate an
effective audit. The Secretary, and the Comptroller General of the
United States, or their duly authorized representatives, shall have
access for the purpose of audit and examination to any books, documents,
papers, and records of the recipient that are pertinent to assistance
received under this title.
Sec. 1013. There are hereby authorized to be appropriated for the
purposes of this title, // 16 USC 2512. // not to exceed $150,000,000
for each of the fiscal years 1979 through 1982, and $125,000,000 in
fiscal year 1983, such sums to remain available until expended. Not
more than 3 per centum of the funds authorized in any fiscal year may be
used for grants for the development of local park and recreation
recovery action programs pursuant to sections 1007 (a) and 1007 (c), and
not more than 10 per centum may be used for innovation grants pursuant
to section 6 of this title. Grants made under this title for projects
in any one State shall not exceed in the aggregate 15 per centum of the
aggregate amount of funds authorized to be appropriated in any fiscal
year. For the authorizations made in this subsection, any amounts
authorized but not appropriated in any fiscal year shall remain
available for appropriation in succeeding fiscal years.
Notwithstanding any other provision of this Act, or any other law, or
regulation, there is further authorized to be appropriated $250,000 for
each of the fiscal years 1979 through 1983, such sums to remain
available until expended, to each of the insular areas. Such sums will
not be subject to the matching provisions of this section, and may only
be subject to such conditions, reports, plans, and ageements, if any, as
determined by the Secretary.
Sec. 1014. No funds available under this title // 16 USC 2513. //
shall be used for the acquisition of land or interests in land.
Sec. 1015. // 16 USC 2514. // (a) Within ninety days of the
expiration of this authority the Secretary shall report to the Congress
on the overall impact of the urban park and recreation recovery program.
(b) On December 31, 1979, and on the same date in each year that the
recovery program is funded, the Secretary shall report to the Congress
on the annual achievements of the innovation grant program, with
emphasis on the nationwide implications of successful innovation
projects.
Sec. 1101. // 16 USC 460m-15. // For the purpose of conserving and
interpreting outstanding natural, scenic, and historic values and
objects in and around the New River Gorge and preserving as a
free-flowing stream an important segment of the New River in West
Virginia for the benefit and enjoyment of present and future
generations, the Secretary of the Interior (hereinafter referred to as
the " Secretary") shall establish and administer the New River Gorge
National River. The Secretary shall administer, protect, and develop
the national river in accordance with the provisions of the Act of
August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and
supplemented; except that any other statutory authority available to
the Secretary for the preservation and management of natural resources
may be utilized to the extent he finds such authority will further the
purposes of this title. The boundaries of the national river shall be
as generally depicted on the drawing entitled " Proposed New River Gorge
National River" numbered NERI-20,002, dated July 1978, which shall be on
file and available for public inspection in the offices of the National
Park Service, Department of the Interior.
Sec. 1102. // 16 USC 460m-16. // (a) Within the boundaries of the
New River Gorge National River, the Secretary may acquire lands and
waters or interests therein by donation, purchase with donated or
appropriated funds, transfer, or exchange. Lands owned by the State of
West Virginia or a political subdivision therof may be acquired by
donation only. The authority of the Secretary to condemn in fee,
improved properties as defined in subsection (c) of this section shall
not be invoked as long as the owner of such improved property holds and
uses it in a manner compatible with the purposes of this title. The
Secretary may acquire any such improved property without the consent of
the owner whenever he finds that such property has undergone, since
January 1, 1978, or is imminently about to undergo, changes in land use
which are incompatible with the purposes of the national river. The
Secretary may acquire less than fee interest in any improved or
unimproved property within the boundaries of the national river.
(b) On non-federally owned lands within the national river
boundaries, the Secretary is authorized to enter into cooperative
agreements with organizations or individuals to mark or interpret
properties of significance to the history of the Gorge area.
(c) For the purposes of this Act, the term "improved property" means
(i) a detached single family dwelling, the construction of which was
begun before January 1, 1977 (hereafter referred to as "dwelling"),
together with so much of the land on which the dwelling is situated, the
said land being in the same ownership as the dwelling, as the Secretary
shall designate to be reasonably necessary for the enjoyment of the
dwelling for the sole purpose of noncommercial residential use, together
with any structures necessary to the dwelling which are situated on the
land so designated, or (ii) property developed for agricultural uses,
together with any structures accessory thereto which were so used on or
before January 1, 1977, or (iii) commercial and small business
properties which were so used on or before January 1, 1977, the purpose
of which is determined by the Secretary to contribute to visitor use and
enjoument of the national river. In determining when and to what extent
a property is to be considered an "improved property", the Secretary
shall take into consideration the manner of use of such builings and
lands prior to January 1, 1977, and shall designate such lands as are
reasonably necessary for the continued enjoyment of the property in the
same manner and to the same extent as existed prior to such date.
(d) The owner of an improved property, as defined in this title, on
the date of its acquisition, as a condition of such acquisition, may
retain for himself, his heirs and assigns, a right of use and occupancy
of the improved property for noncommercial residential, or agricultural
purposes, or the continuation of existing commercial operations, as the
case may be, for a definite term of not more than twenty-five years, or,
in lieu thereof, for a term ending at the death of the owner or the
death of his spouse, whichever is later. The owner shall elect the term
to be reserved. Unless the property is wholly or partially donated, the
Secretary shall pay to the owner the fair market value of the property
on the date of its acquisition, less the fair market value of the
property on that date of the right retained by the owner. A right
retained by the owner pursuant to this section shall be subject to
termination by the Secretary upon his determination that it is being
exercised in a manner inconsistent with the purposes of this title, and
it shall terminate by operation of law upon notification by the
Secretary to the holder of the right of such determination and tendering
to him the amount equal to the fair market value of that portion which
remains unexpired.
Sec. 1103. // 16 USC 460m-17. // (a) Within two years from the date
of enactment of this title, the Secretary shall submit, in writing, to
the House Committee on Interior and Insular Affairs, the Senate
Committee on Energy and Natural Resources and the Committees on
Appropriations of the United States Congress, a detailed plan which
shall indicate--,
(i) the lands and areas which he deems essential to the
protection
and public enjoyment of the natural, scenic, and historic
values and objects of this national river;
(ii) the lands which he has previously acquired by purchase,
donation, exchange, or transfer for the purpose of this national
river;
(iii) the annual acquisition program (including the level of
funding) which he recommends for the ensuing four fiscal years;
and
(iv) the feasibility and suitability of including within the
boundaries of the national river, the section of the New River
from Fayetteville to Gauley Bridge, and reasons therefor.
Sec. 1104. // 16 USC 460m-18. // The Secretary shall on his own
initiative, or at the request of any local government having
jurisdiction over land located in or adjacent to the Gorge area, assist
and consult with the appropriate officials and employees of such local
government in establishing zoning laws or ordinances which will assist
in achieving the purposes of this title. In providing assistance
pursuant to this section, the Secretary shall endeavor to obtain
provisions in such zoning laws or ordinances which--,
(1) have the effect of restricting incompatible commercial and
industrial use of all real property in or adjacent to the Gorge
area;
(2) aid in preserving the character of the Gorge area by
appropriate restrictions on the use of real property in the
vicinity, including, but not limited to, restrictions upon
building and construction of all types; signs and billboards;
the burning of cover; cutting of timber; removal of topsoil,
sand, or gravel; dumping, storage, or piling of refuse; or any
other use which would detract from the esthetic character of the
Gorge area; and
(3) have the effect of providing that the Secretary shall
receive advance notice of any hearing for the purpose of granting
a variance and any variance granted under, and of any exception
made to, the application of such law or ordinance.
Sec. 1105. // 16 USC 460m-19. // (a) Notwithstanding any other
provision of law, no surface mining of any kind shall be permitted on
federally owned lands within the boundary of the national river where
the subsurface estate is not federally owned. Undergraound mining on
such lands may be permitted by the Secretary only if--,
(1) the mining operation will have no significant adverse
impact on the public use and enjoyment of the national river;
(2) the mining operation will disturb the minimum amount of
surface necessary to extract the mineral; and
(3) the surface is not significantly disturbed, unless there is
no technologically feasible alternative.
(b) The harvesting of timber on federally owned lands within the
national river boundary is prohibited, except insofar as it is necessary
for the Secretary to remove trees for river access, historic sites,
promitive campgraounds, scenic vistas, or as may be necessary from time
to time for reasons of public health and safety.
(c) The owner of a mineral estate subject to this section who
believes he has suffered a loss by operation of this section, may bring
an action only in a United States district court to recover just
compensation, which shall be awarded if the court finds that such loss
constitutes a taking of property compensable under the Constitution.
Sec. 1106. // 16 USC 460m-20. // The Secretary may permit hunting
and fishing on lands and waters under his jurisdiction within the
boundaries of the New River Gorge National River in accordance with
applicable Federal and State laws, and he may designate zones where, and
establish periods when, no hunting or fishing shall be permitted for
reasons of public safety, administration, fish or wildlife management,
or public use and enjoyment. Except in emergencies, any rules and
regulations of the Secretary pursuant to this section shall be put into
effect only after consultation with the appropriate State agency
resposible for hunting and fishing activities.
Sec. 1107. // 16 USC 460m-21. // The Federal Energy Regulatory
Commission shall not license the construction of any dam, water conduit,
reservoir, powerhouse transmission line, or other project works under
the Federal Power Act (41 Stat. 1063) as amended (16 U.S.C. 791a et
seq.), on or directly affecting the New River Gorge National River, and
no department or agency of the United States shall assist by loan,
grant, license, or otherwise in the construction of any water resources
project that would have a direct and adverse effect on the values for
which such river was established, as determined by the Secretary.
Nothing contained in the foregoing sentence, however, shall preclude
licensing of, or assistance to, developments below or above the New
River Gorge National River or on any stream tributary thereto which will
not invade the area or diminish the scenic, recreation, and fish and
wildlife values present in the area on the date of this section. No
department or agency of the United States shall recommend authorization
of any water resources project that would have a direct and adverse
effect on the values for which such river was established, as determined
by the Secretary, or request appropriations to begin construction on any
such project whether heretofore or hereafter authorized, without
advising the Secretary in writing of its intention to do so at least
sixty days in advance, and without specifically reporting to the
Congress in writing at the time it makes its recommendation or request
in what respect construction of such project would be in conflict with
the purposes of this section and would effect the national river and the
values to be protected by it under this section.
Sec. 1108. Section 5 (a) of the Act of October 2, 1968 (82 Stat.
910) // 16 USC 1276. // is herby amended to provide for study of three
principal tributaries of the New River in West Virginia, by adding the
following new paragraphs:
"(73) BLUESTONE, WEST VIRGINIA.-- From its headwaters to its
confluence with the New.
"(74) GAULEY, WEST VIRGINIA.-- Including the tributaries of the
Meadow and the Cranberry, from the headwaters to its confluence with the
New.
"(75) GREENGRIER, West Virginia.--From its headwaters to its
confluence with the New.".
Sec. 1109. Within three years from the date of enactment of this
title, // 16 USC 460m-22. // the Secretary shall develop and transmit
to the Senate Committee on Energy and Natural Resources and the House
Committee on Interior and Insular Affairs, a general management plan for
the protection and development of the national river consistent with the
purposes of this title, indicating--,
(2) indications of types and general intensities of development
(including visitor circulation and transportation patterns,
systems and modes) associated with public enjoyment and use of the
area, including general locations, timing of implementation, and
anticipated costs;
(3) identification of and implementation commitments for
visitor carrying capacities for all areas of the unit; and
(4) indications of potential modifications to the external
boundaries of the unit, and the reasons therefor.
Sec. 1110. // 16 USC 460m-23. // The Secretary of the Army shall
cooperate with the Secretary of the Interior concerning the water
requirements of the national river. The Secretary of the Army shall
provide for release of water from the Bluestone Lake project consistent
with that project's purposes and activities in sufficient quantity and
in such manner to facilitate protection of biological resources and
recreational use of the national river.
Sec. 1111. For the purposes of part C of the Clean Air Act, // 16
USC 460m-24. // the State may redesignate the national river only as
class I or class II.
Sec. 1112. // 42 USC 7470. // There are hereby authorized to be
appropriated such sums as may be necessary for the purposes of this
title, // 16 USC 460m-25. // but not to exceed $20,000,000 for the
acquisition of lands and interests in lands, and not to exceed $500,000
for development.
Sec. 1201. // 16 USC 461. // In order to commemorate the significant
role played by Fort Scott in the opening of the West, as well as the
Civil War and the strife in the State of Kansas that preceded it, the
Secretary of the Interior may acquire by donation the land and interests
in land, together with buildings and improvements thereon, known as Fort
Scott, located in the city of Fort Scott, Bourbon County, Kansas:
Provided, That the buildings so acquired shall not include the structure
known as " Lunette Blair".
Sec. 1202. When the site of Fort Scott has been acquired by the
United States as provided in section 1 of this Act, the Secretary of the
Interior shall establish such area as the Fort Scott National Historic
Site, by publication of notice and boundary map therof in the Federal
Register.
Sec. 1203. The Secretary of the Interior shall administer, protect,
develop, and maintain the Fort Scott National Historic Site subject to
the provisions of the Act entitled " An Act to establish a National Park
Service, and for other purposes", approved August 25, 1916 (39 Stat.
535) // 16 USC 1. // as amended and supplemented, and the provisions of
the Act entitled " An Act to provide for the preservation of historic
America sites, buildings, objects, and antiquities of national
significance, and for other purposes", approved August 21, 1935 (49
Stat. 666). // 16 USC 461. //
Sec. 1204. Sections 3 and 4 of the Act entitled " An Act to provide
for the commemoration of certain historical events in the State of
Kansas, and for other purposes", approved August 31, 1965 (79 Stat.
588), as amended, are hereby repealed: Provided, That all obligations
pursuant to contracts for the development and construction of Fort Scott
heretofore entered into by the city of Fort Scott to be paid with funds
under the authority of section 3 of the aforesaid Act, shall be assumed
by the Secretary: Provided further, That any remaining balance of funds
appropriated pursuant to section 4 of the Act of August 31, 1965, as
amended, shall be available for the purposes of carrying out this Act.
Sec. 1205. In addition to such sums as might be made available to
the historic site by the preceding section, effective October 1, 1979,
there are hereby authorized to be appropriated such sums as may be
necessary for the development of the Fort Scott National Historic Site,
as provided in this Act.
Sec. 1301. Within ninety days from enactment of this Act, the
Secretary of agricure shall report to the Committee on Interior and
Insular Affairs in the House of Representatives, and the Committee on
Energy and Natural Resources of the Senate, the nature and extent of the
progress of any proposal to exchange lands owned by the Burlington
Northern Railroad on either the Beaverhead or Gallatin National Forests
in the State of Montana for lands owned by the United States elsewhere
in the State of Montana. Such report shall also discuss any study or
appraisal work done by any agency of the Federal Government concerning
the feasibility, impact, or cost of any such an exchange between the
Burlington Northern Railroad and the Federal Government, including the
sharing of cost of such study. The Department of Agriculture shall not
proceed with the processing of any exchange of more than 6,400 acres
until and unless authorized to do so by a concurrent resolution of the
Congress.
Sec. 1302. (a) In order to preserve, as part of the Hampton National
Historic Site, lands and buildings historically associated with Hampton
Mansion, the exterior boundaries of such historic site are hereby
revised to include the following described lands:
All that certain tract or parcel of land lying and being situated in
Baltimore County, Maryland, and being more particularly described as
follows:
Beginning at a point on the northwest side of Hampton Lane (50
feet wide), said corner being common to the lands now or formerly
of Hampton Village, Incorporated and the lands of Gertrude C.
Ridgely, et al; thence, with the northern right-of-way line of
said Hampton Lane, the two following courses and distances:
north 69 degrees 19 minutes 40 seconds east, 188.75 feet; and
easterly by a line curving toward the right having a radius of
408.59 feet for a distance of 196 feet (the chord bearing of north
83 degrees 04 minutes 12 seconds east, 194.12 feet); thence,
leaving said Hampton Road, north 14 degrees 20 minutes 20 seconds
east, 1,095.18 feet to the westernmost corner of Lot numbered 1 as
shown on Plat " D" of Hampton and filed for record in Plat Book
G.L.B. numbered 20, folio 32; thence, running along the southerly
line of the lots fronting on Saint Francis Road (as shown on said
plat) on a line parallel to and 200 feet from said
street, south 68 degrees 25 minutes 30 seconds west, 777.75
feet to a point on the easterly side of a 40 feet wide road;
thence, with said road, north 21 degrees 34 minutes 30 seconds
west, 200.00 feet to a point on the southerly right-of-way line of
Saint Francis Road; thence, leaving said 40 feet wide road and
with said Saint Francis Road, south 68 degrees 25 minutes 30
seconds west, 40.00 feet to a point on the westerly side of said
40 feet wide road; thence, leaving said Saint Francis Road and
with said 40 feet wide road, south 21 degrees 34 minutes 30
seconds east, 200.00 feet to a pipe; thence, leaving said 40 foot
wide road, south 68 degrees 25 minutes 30 seconds west, 200.00
feet to a corner common to said Hampton Village, Incorporated and
the lands of subject owner; thence, with said Hampton Village,
Incorporated, south 21 degrees 29 minutes 33 seconds east, 835.03
feet to the point of beginning.
Containing 14.02 acres, more or less.
(b) The Secretary of the Interior (hereinafter referred to as the "
Secretary") in furtherance of the purposes of this section, is
authorized to acquire by donation, purchase, or exchange lands and
interests in lands described in subsection (a) of this section.
(c) The Secretary shall administer lands acquired under the authority
of this section as part of the Hampton National Historic Site in
accordance with the Act of August 25, 1916 (39 Stat. 535), // 16 USC 1.
// as amended and supplemented and the Act of August 21, 1935 (49 Stat.
666). // 16 USC 461. //
(d) There are hereby authorized to be appropriated such sums as may
be necessary to carry out the purposes of this section.
Approved November 10, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95 - 1165 accompanying H.R. 12536 (Comm. on Interior
and Insular Affairs).
SENATE REPORT No. 95 - 514 (Comm. on Energy and National Resources).
CONGRESSIONAL RECORD:
Vol. 123 (1977): Oct. 27, considered and passed Senate.
Vol. 124 (1978): June 26, July 11,12, H.R. 12536 considered
and passed House, amended. Oct. 4, considered and passed House,
amended. Oct. 12, Senate concurred in House amendment with
amendments. Oct. 13, House concurred in Senate amendments.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS:
Vol. 14, No. 45 (1978): Nov. 10, Presidential statement.
PUBLIC LAW 95-624, 92 STAT, 3459, DEPARTMENT OF JUSTICE
APPROPARIATION AUTHORIZATION ACT, FISCAL YEAR 1979
out the activities of the
Department of Justice for fiscal year 1979, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be
cited as the " Department of Justice Appropriation Authrization Act,
Fiscal Year 1979".
Sec. 2. There are hereby authorized to be appropriated for the
fiscal year ending September 30, 1979, to carry out the activities of
the Department of Justice (including any bureau, office, board,
division, commission, or subdivsion thereof), the following amounts:
(1) For General Administration, including hire of passenger
motor vehicles and miscellaneous and emergency expenses authorized
or approved by the Attorney General, or the Associate Attorney
General or the Assistant Attorney General for Administration:
$28,966,000.
(2) For General Legal Activities, including miscellaneous and
emergency expenses authorized or approved by the Attorney General,
or the Deputy Attorney General, or the Associate Attorney General
or the Assistant Attorney General for Administration; not to
exceed $20,000 for expenese of collecting evidence, to be expended
under the direction of the Attorney General and accounted for
solely on his certificate; and advance of public moneys under
section 3648 of the Revised Statutes (31 U.S.C. 529):
$95,481,000.
(3) For the Antitrust Division: $47,080,000.
(4) For United States Attorneys and Marshals, including
purchase of firearms and ammunition; lease and acquisition of
enforcement and passenger motor vehicles without regard to the
general purchase price limitation for the current fiscal year;
supervison of United States prisoners in non-Federal institutions;
and bringing to the United States from foreign countries persons
charged with crime: $221,736,000.
(5) For Fees and Expenses of Witnesses, including expenses,
mileage, compensation and per diems of witnesses, in lieu of
subsistence, as authorized by law; including advances of public
moneys except that no sums authorized to be appropriated by this
Act shall be used to pay any witness more than one attendance fee
for any one day:$20,144,000.
(6) For Support of United States Prisoners in non-Federal
institutions, including necessary clothing and medical aid,
payment of rewards, and reimbursements to Saint Elizabeths
Hospital for the care and treatment of United States prisoners, at
per diem rates as authorized by section 2 of the Act entitled " An
Act to authoize certain expenditures from the appropriations of
Saint Elizabeths Hospital, and for other purposes", approved
August 4, 1947 (24 U.S.C. 168a): $25,100,000.
(7) For the Community Relations Service: $5,353,000.
(8) For the Federal Bureau of Investigation for expenses
necessary for the detection and prosecution of crimes against the
United States; protection of the person of the President of the
United States and the person of the Attorney General;
acquisition, collection, classification and preservation of
identification and other records and their exchange with, and for
the official use of, the duly authorized officials of the Federal
Government, of States, cities, and other institutions, such
exchange to be subject to cancellation if dissemination is made
outside the receiving departments or related agencies; and such
other investigations regarding official matters under the control
of the Department of Justice and the Department of State as may be
directed by the Attorney General; including purchase for
police-type use
without regard to the general purchase price limitaion for the
curent fiscal year and hire of passenger motor vehicles;
acquisiton, lease, maintenance, and operation of aircraft;
firearms and ammunition; payment of rewards; benefits in
accordance with those provided under sections 911 (9) through (11)
and 957 of the Foreign Service Act of 1946 (22 U.S.C. 1136(
9)-(11) and 22 U.S.C. 1157) under regulations prescribed by the
Secretary of State; and not to exceed $70,000 to meet unforeseen
emergencies of a condidential character, to be expended under the
direction of the Attorney General, and to be accounted for solely
on his certificate: $561,341,000.
(9) For the Immigration and Naturalization Service, for payment
of expenses not otherwise provided for, necessary for the
administration of the laws relating to immigration,
naturalization, and alien registration, including advance of cash
to aliens for meals and lodging while en route; payment of
allowances to aliens, while held in custody under the immigration
laws, for work performed; payment of expenses and allowances
incurred in tracking lost persons as required by public exigencies
in aid of State or local law enforcement agencies where provision
for reimbursement by such State and local law enforcement agencies
is made; payment of rewards; not to exceed $70,000 to meet
unforeseen
emergencies of a confidential character, to be expended under the
direction of the Attorney General and accounted for solely on his
certificate; purchase for police-type use without regard to the
general purchase price limitation for the current fiscal year and
hire of passenger motor vehicles; acquisition, lease,
maintenance,
and operation of aircraft; firearms and ammunition and attendance
at firearms matches; operation, maintenace, remodeling and
repair of buildings, and the purchase of equipment incident
thereto refunds of maintenance bills, immigration fines, and other
items properly returnable except deposits of aliens who become
public charges and deposits to secure payment of fines and passage
money; payment of interpreters and translators who are not
citizens of the United States and distribution of citizenship
textbooks to aliens without cost to such aliens; acquisition of
land as sites for enforcement fence and construction incident to
such fence; benefits in accordance with those provided under
sections 911 (9) through (11) and 957 of the Foreign Service Act
of 1946 (22 U.S.C. 1136(9)-(11) and 22 U.S.C. 1157) under
regulations prescribed by the Secretary of State; research
related to immigration enforcement which shall remain available
until expended: $320,722,000, of which $2,052,000 shall be made
available for the investigation and prosecution of
denaturalization and deportation cases involving alleged Nazi war
criminals.
(10) For the Drug Enforcement Administration to hire and
acquire law enforcement and passenger motor vehicles without
regard to the general purchase price limitaion for the current
fiscal year; pay in advance for special tests and studies by
contract; pay in advance for expenses arising out of contractual
and reimbursable agreements with State and local law enforcement
and regulatory agencies while engaged in cooperative enforcement
and regulatory activities in accordance with section 503a(2) of
the Controlled Substances Act; pay expenses not to exceed $70,000
to meet unforeseen emergencies of a confidential character to be
expended under the direction of the Attorney General, and to be
accounted for solely on his certificate; pay rewards; pay for
publication of technical and informational material in
professional and trade journals; purchase chemicals, apparatus,
and scientific equipment pay for necessary accommodations in the
District of Columbia for conferences and training activities;
acquire, lease, maintain, and operate aircraft; research related
to enforcement and drug control to remain available until
expended; employ aliens by contract for services abroad;
benefits in accordance with those provided under sections 911 (9)
through (11) and 957 of the Foreign Service Act of 1946 (22 U.S.C.
1136 (9)-(11) and 22 U.S.C. 1157), under regulations prescribed by
the Secretary of State, such sums as authorized by section 709(a)
of the Controlled Substances Act (21 U.S.C. 904
(a)), for the fiscal year ending September 30, 1979, for the activities
authorized by the Comprehensive Drug Abuse Prevention and Control
Act of 1970.
// 21 usc 801 //
(11) For the Federal Prison System, $362,662,000, including--,
including
supervision and support of United States prisoners in
non-Federal
institutions; purchase of and hire of law enforcement
and passenger motor vehicles; compilation of statistics
relating to prisoners in Federal penal and correctional
institutions; assistance to State and local
governments to
improve their correctional systems; firearms and
ammunition;
medals and other awards; payment of rewards
purchase and exchange of farm products and livestock;
construction
of buildings at prison camps; and acquisition of
land as authorized by section 4010 of title 18, United
States
Code;
// 42 USC 250a. //
transfer to the Health Services Administration such
amounts as may be necessary, in the discretion of the
Attorney
General, for the direct expenditures by that
Administration
for medical relief for inmates of Federal penal and
correctional institutions; making such contracts and
commitments
without regard to fiscal year limitations as provided
by section 104 of the Government Control Corporation
Act,
// 31 USC 849. //
as may be necessary in carrying out the program set
forth in
the budget for the current fiscal year for Federal
prison
Industries, Incorporated;
establish
a National Institute of Correctons, to remain
available until
expended; and
equipping
necessary buildings and facilities at existing penal
and correctional
institutions, including all necessary expenses incident
thereto, by contract or force account, to remain
available
until expended.
Sec. 3. (a) None of the sums authorized to be appropriated by this
Act may be used to pay the compensation of any person employed after the
date of the enactment of the Act as an attorney (except foreign counsel
employed in special cases) unless such person shall be duly licensed and
authorized to practice as an attorney under the laws of a State,
territory, or the District of Columbia.
(b) None of the sums authorized to be appropriated by this Act for
the Federal Bureau of Investigation shall be used to pay the
compensation of any employee in the competitive service.
(c) None of the additional sums authorized to be appropriated by this
Act for criminal investigations and management direction shall be
reprogramed to the Domestic Terrorism Intelligence Program.
Sec. 4. (a) Sums authorized to be appropriated by this Act which are
available for expenses of attendance at meetings shall be expended for
such purposes in accordance with regulations prescribed by the Attorney
General.
(b) Sums authorized to be appropriated by this Act may be used for
the purchase of insurance of motor vehicles operated in offical
government business in foreign coutries.
(c) Sums authorized to be appropriated by this Act for salaries and
expenses shall be available for services as authorized by section 3109
of title 5 of the United States Code.
(d) The labor of United States prisoners may be used for work
performed with sums authorized to be appropriated by section 2(11) (C).
(e) Sums authorized to be appropriated by this Act to the Department
of justice may be used for official reception and representation
expenses in accordance with distributions, and procedures, and
regulations established by the Attorney General.
(f) Sums authorized to be appropriated by this Act may be used for
(1) expenses of primary and secondary schooling for dependents of
personnel stationed outside the continental United States at cost not in
excess of those authorized by the Department of Defense for the same
area, when it is determined by the Attorney General that schools
available in the locality are unable to provide adequately for the
education of such dependents, and (2) transportation of those dependents
between their place of residence and schools serving the area which
those dependents would normally attend when the Attorney General, under
such regulations as he may prescribe, determines that such schools are
not accessible by public means of transportation.
(g) There are authorized to be appropriated such sums as may be
necessary for increases in salary, pay, retirement, and other employee
benefits authorized by law, and for other nondiscretionary costs.
Sec. 5. Section 1001(a) of the Civil Rights Act of 1964 (42 U.S.C.
2000g) is amnded by striking out the last sentence.
Sec. 6. (a) The Attorney General shall perform periodic evaluations
of the overall efficiency and effectiveness of the Department of Justice
programs and any supporting activities funded by appropriations
authorized by this Act and annual specific program evaluations of
selected subordinate organization's programs, as determined by
priorities set either by the Congress or the Attorney General.
(b) The evaluations shall be performed by the appropriate Department
level program review staff.
(c) Subordinate Department of Justice organizations and their
officals shall provide all necessary assistance and cooperation to the
Department level program review staff in the conduct of the evaluation,
including full acces to all information, documentation, and cognizant
personnel, as required.
(d) Completed evaluations shall be made available to the Committees
on the Judiciary of the Senate and House of Representatives.
Sec. 7. During the fiscal year for which appropriations are
authorized by this Act, each organization of the Department of Justice,
through teh appropriate office within the Department of Justice, shall
notify in writing the Committees on the Judiciary, of the House of
Representatives and the Senate, and other appropriates committees a
minimum of fifteen days prior to--,
(1) reprograming of funds in excess of $150,000 or 10 percent,
whichever is less, between programs within the offices, divisions,
and boards as defined in the Department of Justice's program
structure submitted to the Committees on the Judiciary of the
Senate and House of Representatives;
(2) reprograming of funds in excess of $500,000 or 2 percent,
whichever is less, between programs within the Bureaus as defined
in the Department of Justice's program structure submitted to the
Committees on the Judiciary of the Senate and House of
Representatives;
(3) any reprogramming action which involves less than the
amounts specified in paragraphs (1) and (2) if such action would
have the effect of significant program changes and committing
substantive program funding requirements in future years; (4)
increasing personnel or funds by any means for any project or
program for which funds or other resources have been restricted;
(5) creation of new programs or significant augmentation of
existing programs;
(6) reorganization of offices or programs; and
(7) significant relocation of offices or employees.
Sec.8. Section 4002 of title 18, United States Code, is amended by
striking out " Director of the Bureau of Prisons" and inserting "
Attorney General" in lieu thereof.
Sec.9. // 18 USC 4001 // The Attorney General shall consult with the
Secretary of Defense in order to develop a plan to assure that such
suitable facilities as the Department of Defense operates which are not
in active use shall be made available for opration by the Depatment of
Justice for the confinement of United States prisoners. Such plan shall
provide for the return to the management of the Department of Defense of
any such facility upon a finding by the Secretary of Defense that such
return is necessary to the operation of the Department.
Sec.10. // 18 USC 4121 // (a) On or before September 1, 1979, the
Attorney General shall submit to the Congress--,
(1) a plan to assure the closure of the United States
Penitentiary on Mcneil Island, Steilacoom, Washingtion, on or
before January 1, 1982;and
(2) a report on the status of the Federal Prison Industries.
(b) The report made under this section shall include a long-range
plan for the improvement of meaningful employment training, and the
methods which could be undertaken to employ a greater number of United
States prisoners in the program. Such report may include
recommendations for legislation.
Sec.11. Notwithstanding the second of the paragraphs relating to
salaries and expenses of the Federal Bureau of Investigation in the
Department of Justice Appropriation Act, 1973 (86 Stat. 1115), sums
authorized to be appropriated by this Act for such salaries and expense
may be used for the purpose described in such paragraph until but not
later than the end of the fiscal year ending September 30, 1979.
Sec.12. In addition to any other sums authorized by this Act to be
appropriated for the activities of the Federal Prison System, there are
authorized to be appropriated $1,000,000 to bring the facilities of the
Federal Prison System into compliance with fire safety standards of the
localities in which such facilities are located. Not later than one
hundred and eighty days after the appropriation of sums authorized for
this purpose, the Federal Bureau of Prisons shall report to the Congress
the extent to which such facilities have complied with such standards.
Such report shall describe the purpose for which sums authorized to be
apropriated have been or are to be expended.
Sec.13.(a) The Attorney General shall, during the fiscal year for
which appropriations are authorized by this Act, // USC 519 // transmit
a report to each House of the Congress in any case in which the Attorney
General--,
(1) establishes a policy to refrain from the enforcement of any
provisions of law enacted by Congress, the enforcement of which is
the responsiblility of the Department of Justice, because of the
position of the Department of Justice that such provision of law
is not constitutional;or
(2) determines that the Department of Justice will contest, or
will refrain from defending, any provision of law enacted by the
Congress in any proceeding before any court of the United States,
or in any administrative or other proceeding, because of the
postion of the Department of Justice that such provisions of law
is not constitutional.
(b) Any report required in subsection (a) shall be transmitted not
later than thirty days after Attorney General establishes the policy
specified in subsection (a)(1) or makes the determination specified in
subsection (a)(2). Each such report shall--,
(1) specify the provision of law involved;
(2) include a detailed statement of the reasons for the
position of the Department of Justice that such provision of law
is not
constitutional; and
(3) in the case of a determination specified in subsection
(a)(2), indicate the nature of the judicial, administrative, or
other proceeding involved.
(c) If, during the fiscal year for which appropriations are
authorized by this Act; the Attorney General determines that the
Department of Justice will contest, or will refrain from defending, any
provision of law enacted by the Congress in any proceeding before any
court of the United States, or in any administrative or other
proceeding, because of the position of the Department of Justice that
such provision of law is not constitutional, then the representative of
the Department of Justice participating in such proceeding shall make a
declaration in such proceeding that such position of the Department of
Justice regarding the constitutionality of the provision of law involved
constitutes the position of the executiive branch of the United States
with respect to such matter
Sec.14. Using sums authorized to be appropriated by this Act, the
Federal Bureau of Investigation shall in its Uniform Crime reports
classify arson as a Part I offense.
Sec. 15. No part of any sums authorized to be appropriated by this
Act may be used for the purpose of transferring any border control
activities of the Immigration and Naturalization Service (including
patrol and inspections) to any other agency or department of the Federal
Government.
Sec.16. // 8 USC 1255 // The Attorney General, in consultation with
the Congress shall develop special eligiblility crieteria under the
current United States parole program for Indochina Refugees which would
enable a larger number of refugees from Caombodia to quality for
admisssion to the United States.
Sec. 17. // 28 USC 519 // The Attorney General shall undertake a
study of the extent to which complaints of violation of Federal criminal
laws are not prosecuted and shall make recommendations for improving the
percentage of such complaints which are prosecuted by the Department.
The study also analyze the cases that have not been prosecuted and make
recommendations to asssure that the decisions not to prosecute are in
accordance with national policy. The study and recommendations shall be
provided to the Committes on the Judiciary of the Senate and House of
Representatives not later than October 1, 1979.
Sec.18. (a) With respect to any undercover investigative operation
of the Federal Bureau of Investigation which is necessary for the
detection and prosecution of crimes against the United States or for the
collection of foreign intelligence or counterintelligence--,
(1) sums authorized to be appropriated for the Federal Bureau
of Investigation by this Act may be used for leasing space within
the United States, the District of Columbia, and the territories
and possessions of the United States without regard to section
3679(a) of the Revised Statutes (31 U.S.C. 665(a), section 3732
(a) of the Revised Status (41 U.S.C. 11(a), section 305 of the Act
of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255), the third
undersignated paragraph under the heading "miscellaneous" of the
Act of March3, 1877 (19 Stat. 370;40 U.S.C. 34), section 3648 of
the Revised Status (31 U.S.C. 529), section 3741 of the Revised
Status (41 U.S.C. 22), and subsections (a) and (c) of section 304
of the Federal Property and Administrative Services Act of 1949
(63 Stat. 395; 41 U.S.C. 254(a) and (c);
(2) sums authorized to be appropriated for the Federal Bureau
of Investigatin by this Act, and the proceeds from such undercover
operation, may be deposited in banks or other financial
institutions without regard to the provision of section 648 of
title 18, United States Code, and section 3639 of the Revised
Statutes (31 U.S.C. 521); and
(3) the proceeds from such undercover operation may be used to
offset necessary and resonable expenses incurred in such operation
without regard to the provisions of section 3617 of the Revised
Sttutes (31 U.S.C. 484);
only upon the written certification of the Director of the Federal
Bureau of Investigation and the Attorney General (or, if designated by
the Attorney General, the Deputy Attorney General) that any action
authorized by paragraph (1), (2), or (3) of this subsection is necessary
for the conduct of such undercover operation.
(b) As soon as the proceeds from an undercover investigative
operation with respect to which an action is authorized and carried out
under paragraphs (2) and (3) are no longer necessary for the conduct of
such operation, such proceeds or the balance of such proceeds remaining
at the time shall be deposited into the Treasury of the United States as
miscellaneous receipts.
Sec. 19. // 18 USC 351 // The Federal Bureau of Investigation shall
provide a written report to a Member of Congress on any investigation
conducted based on a threat on the Member's life under section 351 at
title 18 of the United States Code.
Sec.20. (a) The Attorney General shall take such steps as may be
necessary to acquire or to construct, in Los angeles County, California,
a Federal detention center, Such center shall be capable of
accommodating not less than five hundred Federal detainees
(b) In addition to any other sums that are authorized to be
appropriated by this Act, there are authorized to be appropriated
$2,600,000 for planning and site acquisition for the fiscal year ending
September 30,1979, to carry out this section.
Sec.21. (a) The Act entitled " An Act to authorize membership on
behalf of the United States in the International Criminal Police
Commission, approved June 10, 1938 // 22 USC 263a // (52 Stat. 640; 22
U.S.C. 236a), is amended by striking out the last two sentences and
inserting in lieu thereof the following: " All dues and expenses to be
paid for the membership of the United States shall be paid out of sums
authorized and appropriated for the Department of Justice.".
(b) The Attorney General is authorized to pay to the International
Criminal police organization the unpaid balance of the dues for calendar
years prior to 1978 and such sums as may be neccessary are authorized to
be apropriated to carry out the provisions of this subsection.
Sec.22. Section 5108(c)(8) of title 5, United States Code, is amended
by striking out "32" and inserting in lieu thereof "45".
Approved November 9, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No.95-1148, pt. i, accompanying H.R. 12005 (Comm. on
the Judiciary) and Pt. II (Permanent Select Comm. on Intelligence); No.
95-1777 (Comm. of Conference).
SENATE REPORT No. 95-911 (Comm. on Judiciary).
CONGRESSIONAL RECORD, Vol. 124(1978):
July 10, considered and passed Senate.
Sept. 26, H.R. 12005 considered in House.
Sept. 28, H.R. 12005 considered and passed House; preceedings
vacated and S.3151, amended, passed in lieu.
Oct. 13, Senate agreed to conference report.
Oct. 14, House agreed to conference report.
PUBLIC LAW 95-623, 92 STAT, 3443, HEALTH SERVICES RESEARCH, HEALTH
SERVICES, AND HEALTH CARE TECHNOLOGY ACT OF 1978
extend the authorities
under that Act relating to health services research
and health statistics and
to establish a National Center for Health Care
Technology, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. (a) This Act // 42 USC 201 // may be cited as the "
Health Services Research, Health Statistics, and Health Care Technology
Act of 1978".
(b) Whenever in this Act (other than in sections 12 and 13) an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Public Health Service
Act. // 42 USC 201 //
Sec. 2. (a) Section 308(i)(1) // 42 USC 242m // is amended--,
(1) in the first sentence (A) by striking out "and" after
"1976,", and (B) by inserting before the period a comma and the
following: "$35,000,000 for the fiscal year ending September
30,1979, $40,000,000 for the fiscal year ending September
30,1980,and $45,000,000 for the fiscal year ending September 30,
1981"; and
(2) by striking out the second sentence and inserting in lieu
thereof the following: " At least 20 per centum of the amount
appropriated under the preceding sentence for any fiscal year or
$6,000,000, whichever is less, shall be available only for health
services research, evaluation and demonstration activities
directly undertaken through the National Center for Health
Services Research, and at least 5 per centum of such amount or
$1,000,000, whichever is less, shall be available only for
dissemination activities directly undertaken through such
Center.".
(b) Section 308 (i)(2) is amended (1) by inserting "and
epidemiological" after "statistical", (2) by striking out "and" after
"1976,", and (3) by inserting before the period a comma and the
following: "$50,000,000 for the fiscal year ending September 30,1979,
$65,000,000 for the fiscal year ending September 30,1980, and
$70,000,000 for the fiscal year ending September 30, 1981".
Sec. 3. (a) Subsection (a) of section 304 // 42 USC 242b. // is
amended to read as follows:
"(a)(1) The Secretary, acting through the National Center for Health
Services Research, the National Center for Health Statistics, and the
National Center for Health Care Technology, shall conduct and support
research, demonstrations, evaluations, and statistical and
epidemiological activities for the purpose of improving the
effectiveness, efficiency, and quality of health services in the United
States.
"(2) In carrying out paragraph (1), the Secretary shall give
appropriate emphasis to research, demonstrations, evaluations, and
statistical and epidemiological activities respecting--,
"(A) the accessibility, acceptabiblity, planning, organization,
distribution, utilization, and financing of systems for the
delivery of health care,
"(B) alternative methods for measuring and evaluating the
quality of systems for the delivery of health care,
"(C) the collection, analysis, and dissemination of health
related statistics,
"(D) alternative methods to improve and promote health
statistical and epidemiological activities,
"(E) the safety, efficacy, effectiveness, cost effectiveness,
and social, economic, and ethical impacts of health care
technologies,
"(F) alternative methods for disseminating knowledge concerning
health and health related activities,
(G) the special health problems of low income and minority
groups and the elderly to insure that these problems are assessed
on a periodic regular basis,
"(H) the prevention of illness, disability, and premature
deaths in the United States,
"(I) health care costs, increases in such costs, and the
reasons for such increases, and
"(J) the impact of the environment on individual health and on
health care.
"(3) The Secretary shall, through the National Center for Health
Services Research, the National Center for Health Statistics, and the
National Center for Health Care Technology and using National Research
Service Awards and other appropriate authorities, undertake and support
training programs to provide for an expanded and continuing supply of
individuals qualified to perform the research, evaluation, and
demonstration projects set forth in sections 305, 306, and 309". // 42
USC 242c, 242k //
(b) Paragraph (1) of section 304(b) // 42 USC 242b. // is amended
(1) by inserting", when appropriate," before "enter into contracts", and
(2) by striking out all after "entities and individuals" the second time
it appears and inserting in lieu thereof a period.
(c) Subsection (c) of section 304 is amended to read as follows:
"(c)(1) The Secretary shall coordinate all health services research,
evaluation, and demonstrations, all health statistical and
epidemiological activities, and all research, evaluations, and
demonstrations respecting the assessment of health care technology
undertaken and supported through units of the Department of Health
Education, and Welfare. To the maximum extent feasible such
coordination shall be carried out through the National Center for Health
Services Research, the National Center for Health Statistics, and the
National Center for Health Care Technology.
"(2) The Secretary shall coordinate the health services research,
evaluations, and demonstrations, the health statistical and (where
appropriate) epidemiological activites, and the research, evaluations,
and demonstrations respecting the assessment of health care technology
authorized by this Act through the National Center for Health Services
Research, the National Center for Health Statistics, and the National
Center for Health Care Technology."
(d) Section 304(d)(3) is amended (1) by striking out "experts and",
(2) by inserting "but in accordance with section 3109 of title 5, United
States Code" after "advisable", and (3) by adding at the end the
following: " The Secretary may for the purpose of carrying out the
functions set forth in sections 305, 306, and 309, // 42 USC 242c, 242k
// obtain (in accordance with section 3109 of title 5 of the United
States Code, but without regard to the limitation in such section on the
number of days or the period of service) for each of the centers the
services of not more than fifteen experts who have appropriate
scientific or professional qualifications.".
(e) The heading for section 304 // 42 USC 242b. // is amended to
read as follows:
EVALUTATIONS, AND DEMONSTRATIONS
IN HEALTH STATISTICS, HEALTH SERVICES AND HEALTH
CARE
TECHNOLOGY".
Sec. 4. Subsection (b) of section 305 is amended--,
(1) by striking out "may undertake and support" and inserting
in lieu thereof "shall undertake and support";
(2) by striking out "construction," in paragraph (3);
(3) striking "and" at the end of paragraph (2);
(4) striking the period in paragraph (3) and inserting in lieu
thereof ",and"; and
(5) adding at the end thereof the following new paragraph:
"(4) the uses of computer science in health services delivery
and medical information systems.".
Sec. 5. (a) Subsection (b) of section 306 is amended (1) by striking
out "may", (2) by inserting "shall" after "(1)" and after "(2)", (3) by
striking out "and" at the end of paragraph (1), (4) by striking out the
period at the end of paragraph (2) and inserting in lieu thereof a
semicolon, and (5) by adding after paragraph (2) the following:
"(3) may undertake and support (by grant or contract)
epidemiological research, demonstrations, and evaluations on the
matters referred to in paragraph (1); and
"(4) may collect, furnish, tabulate, and analyze statistics,
and prepare studies, on matters referred to in paragraph (1) upon
request of public and nonprofit private entities under
arrangements under which the entities will pay the cost of the
service provided.
Amounts appropriated to the Secretary from payments made under
arrangements made under paragraph (4) shall be available to the
Secretary for obligation until expended.".
(b) Section 306(c) is amended by--,
(1) inserting "and epidemiological" after "statistical" each
place it occurs; and
(2) striking " Labor and Public Welfare" and inserting in lieu
thereof " Human Resources".
(c)(1) Subsection (e) of section 306 is amended to read as follows:
"(e) For the purpose of producing comparable and uniform health
information and statistics, there is established the Cooperative Health
Statistics System. The Secretary, acting through the Center, shall--,
"(1) coordinate the activities of Federal agencies involved in
the design and implementation of the System;
"(2) undertake and support (by grant or contract) research,
development, demonstrations, and evaluations respecting the
System;
"(3) make grants to and enter into contracts with State and
local health agencies to assist them in meeting the costs of data
collection carried out under the System; and
"(4) review the statistical activties of the Department of
Health, Education, and Welfare to assure that they are consistent
with the System.
States participating in the System shall designate a State agency to
administer or be responsible for the administration of the statistical
activites within the State under the System. The Secretary, acting
through the Center, shall prescribe guidelines to assure that
statistical activities within States participating in the system produce
uniform and timely data and assure appropriate access to such data.".
(2) Paragraph (4)(D) of subsection (i) of section 306 // 42 USC 242k.
// is amended by inserting before the semicolon the following: ",with
respect to the Cooperative Health Statistics System established under
subsection (e), and with respect to the standardized means for the
collection of health information and statistics to be established by the
Secretary under subsection (j)(1)".
(d) The first sentence of subsection (f) of section306 is amended by
inserting ", acting through the Center," after "the Secretary",
(e)(1) Section 306(i)(1) is amended by striking out " United States".
(2) Paragraph (2)(a) of section 306 (i) is amended by inserting
"health planning," after "health statistics,".
(f) Section 306 is amended by redesignating subsection (i) as
subsection (k) and by inserting after subsection (h) the following new
subsections:
"(i) The Center may provide to public and nonprofit private entities
engaged in health planning activities technical assistance in the
effective use in such activities of statistics collected or compiled by
the Center.
"(j) In carrying out the requirements of section 304(c) // 42 USC
242b. // and paragraph (1) of subsection (e) of this section, the
Secretary shall coordinate health statistical and epidemiological
activities of the Department of Health, Education, and Welfare by--,
"(1) establishing standardized means for the collection of
health information and statistics under laws administered by the
Secretary;
"(2) developing, in consultation with the National Committee on
Vital and Health Statistics, and maintaining the minimum sets of
data needed on a continuing basis to fulfill the collection
requirements of subsection (b)(1);
"(3) after consultation with the National Committee on Vital
and Health Statistics, establishing standards to assure the
quality of health statistical and epidemiological data collection,
processing, and analysis;
"(4) in the case of proposed health data collections of the
Department which are required to be reviewed by the Director of
the Office of Management and Budget under section 3509 of title
44, United States Code, reviewing such proposed collections to
determine whether they conform with the minimum sets of data and
the standards promulgated pursuant to paragraphs(2) and (3), and
if any such proposed collection is found not to be inconformance,
by taking such action as may be necessary to assure that it will
conform to such sets of data and standards, and
"(5) periodically reviewing ongoing health data collections of
the Department, subject to review under such section 3509, to
determine if the collections are being conducted in accordance
with the mimimum sets of data and the standards promulgated
pursuant to paragraphs (2) and (3) and, if any such collection is
found not to be in conformance, by taking such action as may be
necessary to assure that the collection will conform to such sets
of data and standards not later than the nintieth day after the
date of the completion of the review of the collection.".
NATIONAL COUNCIL
ON HEALTH CARE TECHNOLOGY
Sec. 6. (a) Section 309 // 42 USC 242n. // is amended-,
(1) by amending the section heading to read as follows:
INFORMATION";
(2) by inserting "(a)" before " A conference"; and
(3) by striking out "309"
// 42 USC 242o. // and inserting in lieu thereof "310".
(b) Section 310 (as in effect before the date of the enactment of
this Act) is amended--,
(1) by striking out the section heading; and
(2) by striking out " Sec. 310." and inserting in lieu thereof
"(b)".
(c) Part A of title III is amended by adding after section 308 the
following new section:
NATIONAL COUNCIL
ON HEALTH CARE TECHNOLOGY
" Sec. 309. // 42 USC 242n. // (a) There is established in the
Department of Health, Education, and welfare the National Center for
Health Care Technology (hereinafter in this section referred to as the '
Center') which shall be under the direction of a Director who shall be
appointed by the Secretary and supervised by the Assistant Secretary for
Health (or such other officer of the Department as may be designated by
the Secretary as the principal adviser to him for health programs).
"(b)(1) The Secretary, acting through the Center, shall undertake and
support (by grant or contract) assessments of health care technology.
Such assessments shall take into account the safety, effectiveness, and
cost effectiveness of, and the social, ethical, and economic impact of
health care technologies.
"(2) The Secretary, acting through the Center, shall encourage,
undertake, and support (by grant or contract) research, demonstrations,
and evaluations respecting--,
"(A) the factors that affect the use of health care
technologies in the United States;
"(B) methods for disseminating information on health care
technologies; and
"(C) the effectiveness, cost effectiveness, and social,
ethical, and economic impacts of particular medical technologies.
"(3) The Secretary, acting through the Center, shall encourage and
support (by grant or contract) research, evaluations, and demonstrations
respecting the safety and efficacy of particular health care
technologies.
"(4) The Secretary, acting through the Center and in consultation
with the National Council on Health Care Technology, shall establish
priorities for the activities prescribed by paragraphs (1),(2), and (3)
In determining if an activity respecting a particular health care
technology should be given priority, emphasis shall be placed on--,
"(A) the actual or potential risks and the actual or potential
benefits to patients associated with the use of the technology,
"(B) the actual or potential cost of the technology,
"(C) the actual or potential rate of its use, and
"(D) the stage of development of the technology.
"(5) The Center may make recommendations to the Secretary respecting
health care technology issues in the administration of the laws under
the secretary's jurisdiction,including recommendations with respect to
reimbursement policy.
"(c)(1) The Secretary, acting through the Center, shall, by grant or
contract, assist public and private nonprofit entities in meeting the
costs of planning and establishing new centers, and operating existing
and new centers, for assessments, multidisciplinary research,
evaluations, and demonstrations respecting the matters referred to in
paragraphs (1) and (2) of subsection (b). To the extent practicable,
the Secretary shall take such actions, in accordance with the
requirements of this subsection and section 308, // 42 USC 242m. // to
assure that three such centers shall be operational by September 1,1981.
"(2)(A) No grant or contract may be made under this subsection for
planning and establishing a center unless the Secretary, acting through
the Center, determines that when it is operational it will meet the
requirements listed in subparagraph (B), and no payment shall be made
under a grant or contract for operation of a center unless the center
meets such requirements.
"(B) Each center shall meet the following requirements:
"(i) There shall be a full-time director of the center who
possesses a demonstrated capacity for sustained productivity and
leadership in assessments, research, demonstrations, and
evaluations respecting the matters referred to in paragraphs (1)
and (2) of subsection (b), and there shall be such additional
professional staff as may be appropriate.
"(ii) The staff of the center shall have expertise in the
various disciplines needed to conduct assessments,
multidisciplinary research, evaluations and demonstrations
respecting the matters referred to in paragraphs (1) and (2) of
subsection (b).
"(iii) The center shall be located within an established
academic or research institution with departments and resources
appropriate to the programs of the center.
"(iv) Each center shall meet such additional requirements as
the Secretary may by regulation prescribe.
"(d) Any grant or contract under subsection (b) or (c), the direct
cost of which will exceed $35,000, may be made or entered into only
after appropriate review for scientific merit by peer review groups
composed of experts in the relevant fields and only after the National
Council on Health Care Technology has had an opportunity to review the
project with respect to which the grant or contract is to be made or
entered into.
"(e) To assist in carrying out this section, the Secretary, acting
through the Center, shall cooperate and consult with National Institutes
of Health, the Veterns' Administration, and any other interested Federal
departments or agencies and with State and local health departments and
agencies.
"(f)(1) There is established the National Council on Health Care
Technology (hereinafter in this subsection referred to as the '
Council'). The Council shall--,
"(A) advise the Secretary and the Director of the Center with
respect to the performance of the functions prescribed by this
section;
"(B) review applications for grants and contracts under this
section in excess of $35,000 and provide the Secretary its
recommendation; respecting the approval of such applications;
"(C) after consultation with approriate public and private
entities, advise the Secretary respecting the safety, effdicacy,
effectiveness, cost effectiveness, and the social and economic
impacts of particular health care technologies;
"(D) after consultation with appropriate public and private
entities, develop, when appropriate and to the extent practicable.
exemplary standards, norms, and criteria concerning the use of
particular health care technologies; and
"(E) promptly publish, disseminate, and otherwise make
available, through the National Library of Medicine, standards,
norms, and criteria developed under subparagraph (D).
"(2) The Council shall consist of--,
"(A) the Director of the National Institutes of Health, the
Chief Medical Officer of the Veterans' Administration, the
Assistant Secretary for Health and Environment of the Department
of Defense, the Chairman of the National Professional Standards
Review Council, a member of the National Council on Health
Planning and Development (established under section 1503),
// 42 USC 300k-3. // the
Director of the Office of Science and Technology Policy, the head
of the Food and Drug Administration (or the successor to such
entity), the head of the Center for Disease Control (or the
successor
to such entity), and the head of the Health Care Financing
Administration (or the successor to such entity) who (or their
designees) shall be ex officio members, and
"(B) eighteen members appointed by the Secretary.
The Secretary shall make his initial appointments to the Council within
one hundred and twenty days of the date of the enactment of this
section. Six of the appointed members shall be selected from
individuals who are distinguished in the fields of medicine,
engineering, or science (including social science). Of such six
members, at least two shall be selected from individuals who are
representatives of business entities engaged in the development or
production of health care technology. Two of the appointed members shall
be physicians, two of the appointed members shall be selected from
individuals who are hospital administrators, two of the appointed
members shall be selected from individuals who are distinguished in the
field of economics, two of the appointed members shall be selected from
individuals who are distinguished in the field of law, one of the
appointed members shall be selected from individuals who are
distinguished in the field of ethics, and three of the appointed members
shall be selected from members of the general public who represent the
interests of consumers of health care.
"(3)(A) Each appointed member of the Council shall be appointed for a
term of four years, except that--,
"(i) any member appointed to fill a vacancy occurring prior to
the expiration of the term for which his predecessor was appointed
shall be appointed for the remainder of such term; and
"(ii) of the members first appointed after the date of the
enactment of this section, four shall be appointed for term of
four years, four shall be appointed for a term of three years,
four shall be appointed for a term of two years, and four shall be
appointed for a term of one year, as designated by the Secretary
at the time
of appointment. Appointed members may serve after the expiration of
their terms until their successors have taken office.
"(B) Members of the Council who are not officers or employees of the
United States shall receive for each day they are engaged in the
performance of the functions of the Council compenstaion at rates not to
exceed the daily equivalent of the annual rate in effect for grade GS-18
of the General Schedule, // 5 USC 5332 // including traveltime; and all
members, while so serving away from their homes or regular places of
business, may be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as such expenses are authorized by
section 5703 of title 5, United States Code, for persons in the
Government service employed intermittently.
"(4) The Council shall annually elect one of its appointed members to
serve as Chairman until the next election.
"(5) The Council shall meet at the call of the Chairman, but not less
often than four times a year.
"(6) The Director of the Center shall (1) designate a member of the
staff of the Center to act as Executive Secretary of the Council, and
(2) make available to the Council such staff, information, and other
assistance as it may require to carry out its functions.
"(7) The Council shall be subject to the Federal Advisory Committee
act, except that the Council shall terminate September 30,1981. "(g) The
Director of the National Institutes of Health, the head of the Food and
Drug Administration (or the successor to such entity), the head of the
Center for Disease Control (or the successor to such entity), the head
of the Health Care Financing Administration (or the successor to such
entity), and the head of any other entity of the Department of Health,
Education, and Welfare designated by the Council a listing of all health
care technologies of which he is aware that are under development and
appear likely to be used in the practice of medicine.
"(h) For purposes of this section, the term 'health care technology'
means any discrete and identifiable regimen or modality used to diagnose
and treat illness, prevent disease, maintain patient well-being, or
facilitate the provision of health care services.
"(i) There are authorized to be appropriated to carry out this
section $15,000,000 for the fiscal year ending September 30, 1979,
$25,000,000 for the fiscal year ending September 30,1980, and
$33,000,000 for the fiscal year ending September 30,1981. Not less than
15 per centum of the amount appropriated for the fiscal year ending
September 30, 1981, shall be obligated for assessments, research,
demonstrations, and evaluations directly undertaken through the Center
under paragraph (1) or (2) of subsection (b).".
(d)(1) Subsection (a)(1) of section 308 // 42 USC 242m. // is
amended (A) by inserting "and section 309" after "307", and (B) by
striking out "health statistics" and inserting in lieu thereof ",health
statistics, and health care technology".
(2) Subsection (b)(1) of such section is amended by striking out "or
307" and insering in lieu thereof "307, or 309".
(3) Subsection (d) of such section is amended (A) by striking out "or
307" and inserting in lieu thereof "307, or 309", and (B) by inserting
"or epidemiological" after "statistical" in clause (1).
(4) Subsection (e) of such section is amended by striking out "or
307" each place it occurs and inserting lieu thereof "307, or 309".
(5) Subsection (f) of such section is amended by striking out "or
306" and inserting in lieu thereof "306, or 309".
(6) Subsection (g)(2) of such section is amended by striking out "and
306" and inserting in lieu thereof "306, and 309".
(7) Subsection (h)(1) of such section is amended by striking out "or
306" each place it occurs and insering in lieu thereof "306, and 309".
(8) The heading for such section is amended by striking out "and 307"
and inserting in lieu thereof "307, and 309".
HUMANS WHICH
ARE ENVIRONMENTALLY RELATED
Sec. 7. Section 304 (as amended by section 3(d) // 42 USC 242b. //
is amended by adding at the end the following:
"(e)(1) The Secretary and the National Academy of Sciences (acting
through the Institute of Medicine and other appropriate units) shall,
jointly and in cooperation with the Administrator of the Environmental
Protection Agency, the Secretary of Labor, the Consumer Product Safety
Commission, the Council of Economic Advisers, the Council on Wage and
Price Stability, the Council on Environmental Quality, and other
entities of the Federal Government which the Secretary determines have
the expertise in the subject of the study prescribed by this paragraph,
conduct, with funds appropriated under section 308(i) (2), an ongoing
study of the present and projected future health costs of pollution and
other enviromnental conditions resulting from human activity (including
human activity in any place in the indoor or outdoor enviromnent,
including places of employment and residence). In conducting the study,
the Secretary and the National Academy of Sciences (hereinafter in this
subsection referred to as the ' Academy') shall, to the extent
feasible--,
"(A) identify the pollution (and the pollutants responsible for
the pollution) and other enviromnental conditions which are, or
may reasonably be anticipated to be, responsible for causing,
contributing
to, increasing susceptibility to, or aggravating human
diseases and adverse effects on humans;
"(B) identify each such disease and adverse effect on humans
and specifically determine whether cancer, birth defects, genetic
damage, emphysema, asthma, bronchitis, and other respiratory
diseases, heart disease, stroke, and mental illness and impairment
are such a disease or effect;
"(C) identify (on a national, regional, or other geographical
basis) the source or sources of such pollutants and conditions and
estimate the portion of each pollutant and conditions and estimate
the portion of each pollutant and the extent of each condition
which can be traced to a specific type of source;
"(D) ascertain (i) the extent to which the pollutants and
conditions identified under subparagraph (A) are, or may
reasonably be anticipated to be, responsible, individually or
collectively, for causing, contributing to, increasing
susceptibility to, or aggravating the diseases and effects
identified under subparagraph (B), and (ii) the effect upon the
incidence or severity of specific diseases and effects of
individual or collective, as appropriate,
incremental reductions in the pollutants and changes in such
conditions; and
"(E) quantify (i) the present and projected future health costs
of the diseases and effects identified under subparagraph (B), and
(ii) the reduction in health costs which would result from each
incremental reduction and change referred to in subparagraph (D)
(ii).
"(2) The Secretary shall enter into appropriate arrangements with the
Academy under which the Secretary shall be responsible for expenses
incurred by the Academy in connection with the study prescribed by
paragraph (1).
"(3) The first report on the study prescribed by paragraph (1) shall
be made to the Committee on Human Resources of the Senate and the
Committee on Interstate and Foreign Commerce of the House of
Representatives by the Secretary and the Academy not later than eighteen
months after the date of the enactment of this subsection. Subsequent
reports on the study shall be made by the Secretary and the Academy
every two years after the date the first report is submitted. Each
report shall (A) identify deficiencies and limitations, in the data on
the matters considered in the study and recommend actions which may be
taken to eliminate such deficiencies and limitations, (B) include such
recommendations for legislation as the Secretary determines appropriate,
(C) include recommendations for facilitating studies of the effects of
hazardous substances on humans, and (D) include a description of any
administrative action proposed to be taken by the Secretary, the
Administrator of the Environmental Protection Agency the Secretary of
Labor, and the Consumer Product Safety Commission to reduce the costs
which have been quantified under paragraph (1) (E)(i). In conducting
the study, the Secretary and the Academy shall seek assistance from
public and private health financing entites in securing the data needed
for the study.
"(4) For purposes of paragraph (1), the term 'health costs of
pollution and other environmental conditions' means the costs of human
diseases and other adverse effects on humans which pollution and other
environmental conditions are, or may reasonably be anticipated to be,
responsible for causing, contributing to, increasing susceptibility to,
or aggravating, including the costs of preventing such diseases and
effects, the costs of the treatment, cure, convalescence, and
rehabilitation of persons afflicted by such diseases, costs reasonably
attributable to pain and suffering from such diseases and effects, loss
of income and furture earnings resulting from such diseases and effects,
adverse effects on productivity (and thus increases in production costs
and consumer prices) resulting from such diseases and effects, loss of
tax revenues resulting from such decreases in earnings and productivity,
costs to the welfare and unemployment compensation systems and the
programs of health benefits under titles XVIII and XIX of the Social
Security Act // 42 USC 1395, 1396. // resulting from such diseases and
effects, the overall increases in costs throughout the economy resulting
from such diseases and effects, and other related direct and indirect
costs.".
ENVIRONMENT AND
EMPLOYMENT CONDITIONS
Sec. 8. (a) Section 306 (as amended by section 5) // 42 USC 242k.
// is amended by inserting after subsection (k) the following new
subsection:
"(l)(1) The Secretary, acting through the Center, shall develop a
plan for the collection and coordination of statistical and
epidemiological data on the effects of the environment on health. Such
plan shall include a review of the data now available on health effects,
deficiencies in such data, and methods by which existing data
deficiencies can be corrected. The Secretary shall submit such plan to
the Congress not later than January 1,1980.
"(2)(A) The Secretary, acting through the Center, shall establish,
not later than two years after the date of the enactment of this
subsection, guidelines for the collection, compilation, analysis,
publication, and distribution of statistics and information necessary
for determining the effects of conditions of employment and indoor and
outdoor environmental conditions on the public health. Guidelines
established under this subparagraph shall not (i) authorize or require
the disclosure of any matter described in section 552 (b)(6) of title 5,
United States Code, and (ii) authorize or require the disclosure of any
statistics or other information which is exempt from disclosure pursuant
to subsection (a) of section 552 of title 5, United States Code, by
reason of subsection (b)(4) of such section. The guidelines shall be
reviewed and , if appropriate, revised at least every three years after
the date they are initially established. Guidelines shall take effect
on the date of the promulgation of the regulation establishing or
revising the guidelines or such later date as may be specified in the
guidelines.
"(B) The guidelines shall be designed--,
studies, statistics, and information, and to prevent overlap and
unnecessary duplication with respect to such studies, statistics,
and information;
"(ii) to assure that such studies, statistics, and information
will be available to executive departments responsible for the
administration of laws relating to the protection of the public
health and safety or the environment;
"(iii) to encourage the more effective use by executive
departments of such studies, statistics, and information;
"(iv) to improve the statistical validity and reliability of
such studies, statistics, and information; and
"(v) to assure greater responsiveness by the Department of
Health, Education, and Welfare and other executive departments in
meeting informational and analytical needs for determining the
effects of employment and indoor and outdoor environmental
conditions on public health.
"(C) In establishing and revising guidelines under subparagraph (A),
the Secretary shall take into consideration the plan deveoped pursuant
to paragraph (1).
"(D) The Center shall serve as a clearinghouse for statistics and
information with respect to which guidelines have been established under
subparagraph (A) and shall assist executive departments in obtaining
such statistics and information for purposes of administering laws under
their jurisdiction relating to environmental health protectin or the
safety and health of employees.
"(E)(i) Each executive department shall comply with the substantive
and prodedural requirements of the guidelines.
"(ii) The President shall by Executive order require each executive
department to comply with requests, made in accordance with the
guidelines, by the Secretary, the Administrator of the Environmental
Protection Agency, the Consumer Product Safety Commission, or the
Secretary of Labor for statistics and information.
"(iii) The President may by Executive order exempt any executive
department from compliance with a requirement of the guidelines
respecting specific statistics or other information if the President
determines that the exemption is necessary in the interest of national
security.
"(F) In carrying out his duties under this paragraph, the Secretary,
acting through the Center, shall insofar as practicable, provide for
coordination of his activities with those of other Federal agencies and
interagency task forces relating to the collection, analysis,
publication, or distribution of statistics and information necessary for
determining the effects of conditions of employment and indoor and
outdoor enviromnental conditions on the public health.
"(G) For purposes of this paragraph, the term 'guidelines' means the
guidelines, either as initially established or as revised, in effect
under this paragraph.
"(3) The Secretary, acting through the Center, shall conduct a study
of theissues respecting, and the recommendations for, establishing a
Federal system to assist, in manner designed to avoid invasion of
personal privacy, Federal, State, and other entities in locating
individuals who have been or many have been exposed to hazardous
substances to determine the effect on their health of such exposure and
to assist them in obtaining appropriate medical care and treatment. In
conducting such study, the Secretary may consult with any public and
private entity which it determines has expertise on any matter to be
considered in the study. Not later than one year after the date of the
enactment of this subsection, the Secretary shall complete the study and
report to the Congress the results of the study and any recommendations
for legislation or administrative action.
"(4) In carrying out paragraphs (1), (2), and (3), the Secretary
shall consult with and take into consideration any recommendations pof
the Task Force on Environmental Cancer and Heart and Lung Disease, the
Administrator of the Environmental Protection Agency, the Secretary of
Labor, the Consumer Product Safety Commission, the Council on
Environmental Quality, the National Committee on Vital and Health
Statistics, and the National Academy of Sciences (including the
Institute of Medicine and any other unit of the Academy).".
(b) The first sentence of subsection (d) of section 308 // 42 USC
242m. // is amended by inserting after "unless authorized" the
following: "by guidelines in effect under section 306 (1)(2) or". // 42
USC 242k. //
LUNG DISEASE
Sec. 9. // 42 USC 4362a. // The Director of the National Center for
Health Statistics and the head of the Center for Disease Control (or the
successor to such entity) shall each serve as members of the Task Force
on Environmental Cancer and Heart and Lung Disease established under
section 402 of Public Law 95-95.
Sec. 10. // 42 USC 242m // The Secretary, acting through the National
Center for Health Services Research, shall arrange for the conduct of a
study to evaluate the impact upon the utilization of health services by
and the health status of members of the United Mine Workers and their
dependents as a result of changes in the United Mine Workers'
collective-bargaining agreements of March 1978, that require copayments
for health services. Such study and a report thereon shall be completed
and submitted to the Secretary, the Committee on Human Resources, the
Committee on Appropriations, and the Committee on Finance of the Senate,
and the Committee on Ways and Means, the Committee on Appropriations,
and the Committee on Interstate and Foreign Commerce of the House of
Representatives no later than thiryt months after the date of enactment
of this section. Not more than $1,000,000 of the sums authorized to be
appropriated for health services research, evaluation, and demonstation
activities by section 308(i)(1) of the Public Health Service Act shall
be made available for such study.
Sec. 11. (a) Subsection (g) of section 208 // 42 USC 210. // is
amended (1) by striking out "one hundred and fifty-five" and inserting
in lieu thereof "one hundred and seventy-nine", (2) by striking out "and
not less than" and inserting in lieu thereof ", not less than", and (3)
by inserting after "alcoholism", the following: "not less than ten
shall be for the National Center for Health Services Research, not less
than twelve shall be for the National Center for Health Statistics, and
not less than seven shall be for the National Center for Health Care
Technology,".
(b) Part K of title III // 42 USC 280c. // is repealed.
(c) Section 453 // 42 USC 289k. // is amended by adding at the end
the following: " The Secretary, through the Institute, may, effective
October 1,1978, and without regard to section 405, carry out a program
of grants for public and nonprofit private vision research facilities.".
(d)(1) Section 472 (a)(1)(A) // 42 USC 289l-1. // is amended,
(A) by striking out "and" at the end of clause (iii),
(B) by redesignating clause (iv) as clause (vii),
(C) by inserting after clause (iii) the following:
Services
Research, the National Center for Health
Statistics, and the
National Center for Health Care Technology,
institutions,
and", and
(D) by striking out "such research" in clause (vii) (as so
redesignated) and inserting in lieu thereof "biomedical and
behavioral research and the research described in clause (vi)".
(2) Section 472 (a)(1)(B) // 42 USC 289l-1. // is amended by
striking out "such research and inserting in lieu thereof "biomedical
andd behavioral research and the research described in subparagraph
(A)(vi)".
(e) Title V // 42 USC 219 // is amended by adding at the end the
following:
" Sec. 514. // 42 USC 229c. // The authority of the Secretary to
enter into contracts under this Act shall be effective for any fiscal
year only to such extent or in such amounts as are provided in advance
by appropriation Acts.".
(f)(1) The second sentence of subsection (a) of section 705 // 42 USC
292e. // is amended to read as follows: " Such records shall include
records which fully disclose (A) the amount and disposition by such
entity of the funds paid to it under such grant, loan guarantee,
interest subsidy, or contract, (B) the total cost of the project or
undertaking for which such grant, loan, loan guarantee, interest
subsidy, or contract is made, (C) the amount of that portion of the cost
of the project or undertaking received by or allocated to such entity
from other sources, and (D) such other records as will facilitate an
audit conducted in accordance with generally accepted auditing
standards.".
(2) Subsection (b) of section 705 is amended to read as follows:
"(b) Each entity which received a grant or entered into a contract
under this title shall provide for a biennial financial audit of any
books, accounts, financial records, files, and other papers and property
which relate to the disposition or use of the funds received under such
grant or contract and such other funds received by or allocated to the
project or undertaking for which such grants or contract was made. For
purposes of assuring accurate, current, and complete disclosure of the
disposition or use of the funds received, each such audit shall be
conducted in accordance with such requirements concerning the individual
or agency which conducts the audit, and such standards applicable to the
performance of the audit, as Secretary may by regulation provide. A
report of each such audit shall be filed with the Secretary at such time
and in such manner as he may require.".
(g) Section 771 (d) // 42 USC 295f-1. // is amended by adding at the
end the following:
"(5) The Secretary may waive (in whole or in part) application to a
school of dentistry of the requirement of any paragraph of this
subsection if the Secretary determines, after receiving the written
recommendation of the appropriate accreditation body or bodies (approved
for such purpose by the Commissioner of Education) that compliance by
such school with such requirement will prevent it from maintaining its
accreditation.".
Sec. 12. (a) Section 708(d) of the Public Health Service Act // 42
USC 292h. // is amended (1) by striking out "not later than September 1
of each year", and (2) by inserting at the end the following: " Such
report shall be submitted biennially, and the first such report shall be
due not later than October 1, 1979.".
(b) Section 709(b) of such Act // 42 USC 292i. // is amended by
striking out " January 1, 1979" and inserting in lieu thereof " February
1, 1980".
(c) Section 751(i) of such Act // 42 USC 294t. // is amended by
striking out " December" and inserting in lieu thereof " March".
(d) Section 771(b) (2) (B) of such Act // 42 USC 295f-1. // is
amended by striking out "45 days after the date for which the
determination is made" and inserting in lieu thereof "the first December
31 occurring after the date for which the determination is made".
(e) Section 782(c) of such Act // 42 USC 295g-2. // is amended by
striking out " September 30, 1979" and inserting in lieu thereof " March
1, 1980".
(f) Section 788(b) (6) of such Act // 42 USC 295g-2. // is amended
by striking out " September 30, 1978" and inserting in lieu thereof "
October 1, 1979".
(g) Section 793(c) of such Act // 42 USC 295h-2 // is amended (1) by
striking out "annually" and inserting in lieu thereof "biennially", and
(2) by strikingout " December 1, 1978" and inserting in lieu thereof "
October 1, 1979".
(h) Section 951(b) of the Nurse Training Act of 1975 // 42 USC 296 //
is amended by striking out " Not later than February 1, 1977, and
Feburary 1 of each succeeding year" and inserting in lieu thereof "not
later than October 1, 1979, and October 1 of each odd-numbered year
thereafter".
(i)(1) Section 702(d) of the Health Professions Educational
Assistance Act of 1976 // 42 USC 295h-4 // is amended by striking out
"not later than two years after the date of enactment of this Act" and
inserting in lieu thereof "not later than October 1, 1979".
(2) Section 903(a) (2) of the Health Professions Educational
Assistance Act of 1976 // 42 USC 292h note // is amended by striking out
" January 1, 1979" and inserting in lieu thereof " April 1, 1979".
(j) Section 772(e) of the Public Health Service Act // 42 USC 295f-2.
// is amended by inserting before the period a comma and the following:
"except that a student who, for other than academic reasons, withdraws
from a year class before the end of an academic year of does not
complete an academic year shall not be considered as having been
enrolled in a year class in that academic year".
Sec. 13. (a)(1) Section 111(h) (42 U.S.C. 7411) of the Act of July
14, 1955, as amended by Public Law 95 - 95, // 42 USC 7401 // is amended
by adding the following at the end thereof:
"(5) Any design, equipment, work practice, or operational standard,
or any combination thereof, described in this subsection shall be
treated as a standard of performance for purposes of the provisions of
this Act (other than the provisions of subsection (a) and this
subsection).".
(2) Subsection (d) (1) (A) and (g) (4) (B) of such section are each
amended by striking out "under subsection (b)" and inserting in lieu
thereof "under this section".
(3) Subsection (j) of such section is amended by striking out
"subsection (b) of" in paragraphs (1) (A) and (2) (A) thereof.
(b) Section 112(e) of such Act (42 U.S.C. 7412) is amended by adding
the following at the end thereof:
"(5) Any design, equipment, work practice, or operational standard,
or any combination thereof, described in this subsection shall be
treated as an emmission standard for purposes of the provisions of this
Act "other than the provisions of this subsection)."
(c) Section 117(c)(3) of such Act (42 U.S.C. 7417 is amended by
striking out "(b) (1) (B)" in each place it appears.
(d) Section 317(a) (1) of such Act (42 U.S.C. 7617) is amended by
striking out "(b)".
Approved November 9, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No.95-1190 accompanying H. R. 12584 (Comm. on
Interstate and Foreign Commerce) and No. 95-1783 (Comm. of Conference).
SENATE REPORT No.95-839 (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 26, considered and failed of passage in Senate.
Aug. 9, considered and passed Senate.
Sept. 25, H. R. 12584 considered and passed House; passage
vacated, and S. 2466, amended, passed in lieu.
Oct. 13, House agreed to conference report.
Oct. 15, Senate agreed to conference report.
PUBLIC LAW 95-622, 92 STAT, 3412, COMMUNITY MENTAL HEALTH CENTERS
EXTENSION ACT OF 1978
revise and extend the
programs under that Act, to amend the Public Health
Service Act to revise and
extend the programs of assistance for libraries of
medicine, the programs of
the National Heart, Lung, and Blood Institute, and
of the National Cancer
Institute, and the program for National Research
Service Awards, to establish
the President's Commission for the Study of Ethical
Problems in Medicine and
Biomedical and Behavioral Research, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I--COMMUNITY MENTAL HEALTH CENTERS
EXTENSION
Sec. 101. (a) This title // 42 USC 2689 // may be cited as the "
Community Mental Health Centers Extension Act of 1978."
(b) Whenever in this title (other than in sections 109 and 110(d)) an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Community Mental Health
Centers Act. // 42 USC 2689 //
Sec. 102. (a) Section 202(d) // 42 USC 2689a // is amended by
striking out "and" after "1977,", and inserting before the period a
comma and the following: "$1,500,000 for the fiscal year ending
September 30, 1979, and $1,000,000 for the fiscal year ending September
30, 1980".
(b)(1) Section 203(d)(1) // 42 USC 2689b // is amended by striking
out "and" after "1977,", and inserting before the period a comma and the
following: "$34,500,000 for the fiscal year ending September 30, 1979,
and $35,000,000 for the fiscal year ending September 30, 1980".
(2) Section 203(d) (2) is amended (A) by striking out "1978" and
inserting in lieu thereof "1980", and (B) by striking out "two fiscal
years" and inserting in lieu thereof "four fiscal years".
(c) Section 204(c) // 42 USC 2689c // is amended by striking out
"and" after "1977,", and inserting before the period a comma and the
following: "$20,000,000 for the fiscal year ending September 30, 1979,
and $3,000,000 for the fiscal year ending September 30, 1980".
(d) Section 205(c) // 42 USC 2689d. // is amended by striking out
"and" after "1977," and inserting before the period a comma and the
following: "$30,000,000 for the fiscal year ending September 30, 1979,
and $25,000,000 for the fiscal year ending September 30, 1980".
(e) Section 212(c) // 42 USC 2689g // is amended by striking out
"three" and inserting in lieu thereof "five".
(f) Section 213 // 42 USC 2689h // is amended by striking out "and"
after "1977,", and inserting after "1978," the following: "and
$25,000,000 for the fiscal year ending September 30, 1979,",
(g) Section 231(d) // 42 USC 2689q // is amended by striking out
"and" after "1977,", and inserting before the period a comma and the
following: "$8,000,000 for the fiscal year ending September 30, 1979,
and $9,000,000 for the fiscal year ending September 30, 1980".
Sec. 103. (a)(1) Subsection (b)(1) of section 203 // 42 USC 2689b //
is amended by adding before the period a comma and the following:
"except that if at the end of such period a center or entity has not
obligated all the funds received by it under a grant, the center or
entity may use the unobligated funds under the grant in the succeeding
year for the same purposes for which such grant was made but only if the
center or entity is eligible to receive a grant under subsection (a) for
such succeeding year".
(2) Subsection (c) of such section is amended by adding at the end
the following: " The amount of a grant prescribed by paragraph (1) or
(2) for a community mental health center for any year shall be reduced
by the amount of unobligated funds from the preceding year which the
center is authorized, under subsection (b)(1), to use in that year. If
in a fiscal year the sum of (i) the total of State, local, and other
funds, and of the fees, premiums, and third-party reimbursements
collected in that year, and (ii) the amount of the grant received under
this section, by a center or entity exceeds its costs of operation for
that year because such total collected was greater than expected, and if
the center or entity is eligible to receive a grant under subsection (a)
in the succeeding year, an adjustment in the amount of that grant shall
be made in such a manner that the center or entity may retain such an
amount (not to exceed 5 per centum of the amount by which such sum
exceeded such costs) as the center or entity can demonstrate to the
satisfaction of the Secretary will be used to enable the center or
entity (I) to expand and improve its services, (II) to increase the
number of persons (eligible to receive services from such a center or
entity) it is able to serve, (III) to modernize its facilities, (IV) to
improve the administration of its service programs, and (V) to establish
a financial reserve for the purpose of offsetting the decrease in the
percentage of Federal participation in program operations in future
years.".
(b)(1) Paragraph (1)(A) of subsection (e) of such section is amended
(A) by striking out "and" at the end of clause (i), (B) by redesignating
clause (ii) as clause (iii), and (C) by inserting after clause (i) the
following:
"(ii) the amount prescribed for a grant under the applicable
repealed section for an entity for any year shall be reduced by
the amount of unobligated funds from the preceding fiscal year
which the entity is authorized, under subparagraph (B) of this
paragraph, to use in that year, and".
(2) Paragraph (1)(B) of such subsection is amended by inserting
before the period a comma and the following: "except that if at the end
of any period for which such a grant is made an entity has not obligated
all of the funds received by it under the grant, the entity may use the
unobligated funds under such grant in the succeeding grant period for
the same purposes for which such grant was made but only if the entity
is eligible to receive such a grant for such grant period".
(3) Paragraph (1) of such subsection is amended by adding at the end
the following new sentence: " If in a fiscal year the sum of (I) the
total of State, local, and other funds, and of the fees, premiums, and
third-party reimbursements collected in that year, and (II) the amount
of the grant received under the applicable repealed section, by an
entity exceeds its costs of operation for that year because such total
collected was greater than expected, and if the entity is eligible to
receive a grant under such an applicable repealed section in the
succeeding year, an adjustment in the amount of that grant shall be made
in such a manner that the entity may retain such an amount (not to
exceed 5 per centum of the amount by which such sum exceeded such costs)
as the entity can demonstrate to the satisfaction of the Secretary will
be used to enable the entity (I) to expand and improve its services,
(II) to increase the number of persons (eligible to receive services
from such an entity) it is able to serve, (III) to modernize its
facilities, (IV) to improve the administration of its service programs,
and (V) to establish a financial reserve for the purpose of offsetting
the decrease in the percentage of Federal participation in program
operations in future years.".
Sec. 104. (a)(1) Section 201(b)(1) // 42 USC 2689. // is amended to
read as follows:
"(b)(1) The comprehensive mental health services which shall be
provided through a community mental health center are as follows:
"(A) Beginning on the date the community mental health center
is established for purposes of this title, the services provided
through the center shall include--,
are
being considered for referral to a State mental health
facility
for inpatient treatment to determine if they should be
so
referred and provision, where appropriate, of treatment
for
such persons through the center as an alternative to
inpatient
treatment at such a facility;
catchment
area who have been discharged from inpatient treatment
at a mental health facility;
delivery
agencies, and other appropriate entities; and
provision
of mental health services among various entities
serving the center's catchment area, increase the
awareness
of the residents of the center's catchment area of
the nature of mental health problems and the types of
mental health services available, and promote the
prevention
and control of rape and the proper treatment of the
victims of rape; and
lieu
of such services, providing a plan approved by the
Secretary
under which the center will, during the three-year
period
beginning on such establishment date, assume in
increments
the provision of the services described in subparagraph
(B)
and will upon the expiration of such three-year period
provide
all the services described in subparagraph (B).
"(B) After the expiration of such three-year period, a
community mental health center shall provide, in addition to the
services required by subparagraph (A), services which include--,
diagnostic, treatment,
liaison, and followup services (as prescribed by the
Secretary);
diagnostic,
treatment, liaison, and followup services (as
prescribed by
the Secretary);
catchment
area and who have been discharged from inpatient
treatment
in a mental health facility or would without such
services
require inpatient treatment in such a facility; and
sufficient
need (as determined by the Secretary) in the center's
catchment
area, or the need for which in the center's catchment
area the Secretary determines is currently being met):
// 42 USC 2689c. //
(2) Section 204 is amended by striking out "section 201(b)(1)(D)"
each place it appears and inserting in lieu thereof "section 201(b)(1)(
A)(iv)".
(b) Clause (A) of section 201(b)(2) // 42 USC 2689. // is amended by
inserting after "in the center's catchment area" the following:", or,
with the approval of the Secretary, in the case of inpatient services,
emergency services, and transitional half-way house services, through
appropriate arrangements with health professionals and others serving
the residents of the catchment area".
(c)(1) Section 201(c)(1) is amended--,
(A) by striking out " The governing board of a community mental
health center (other than a center described in subparagraph (B))"
and inserting in lieu thereof " Except as provided in subparagraph
(B), the governing board of a community mental health center";
and
(B) by amending subparagraph (B) to read as follows: "(B) In
the case of a community mental health center which is
operated by a governmental agency or a hospital, such center may, in
lieu of meeting the requirements of subparagraph (A), appoint a
committee which advises it with respect to the operations of the center
and which is composed of individuals who reside in the center's
catchment area, who are representative of the residents of the area as
to employment, age, sex, place of residence, and other demographic
characteristics, and at least one-half of whom are not providers of
health care.".
(2) Section 206(e) // 42 USC 2689e. // is amended by inserting "(1)"
after "(e)" and by adding at the end the following new paragraph:
"(2)(A) Except as provided in subparagraph (B), not more than 5 per
centum of the total amount appropriated under sections 203, 204, and 205
// 42 USC 2689b, 2689c, 2689d. // for any fiscal year shall be used by
the Secretary to provide grants under those sections to community mental
health centers which do not meet the governing board requirements of
section 201(c)(1)(A). // 42 USC 2689. //
"(B) Subparagraph (A) shall not apply, during the fiscal year ending
September 30, 1979, and during the fiscal year ending September 30,
1980, to any community mental health center which received a grant under
this title in a fiscal year beginning before the date of the enactment
of the Community Mental Health Centers Amendments of 1975.". // 42 USC
2689 //
Sec. 105. Section 206(e), as amended by section 104(c)(2) of this
title, is amended by adding at the end the following new paragraph:
"(3) Not more than 1 per centum of the total amount appropriated
under section 203, 204, and 205 for any fiscal year shall be used by the
Secretary to enter into contracts with State mental health authorities
under which the authorities (A) would monitor activities of community
mental health center (other than centers operated by such authorities)
receiving grants under this title to determine if the requirements of
this title applicable to the receipt of such grants are being met, and
(B) would be provided funds to meet the expenses of conducting such
monitoring. The authority of the Secretary to enter into contracts
under this paragraph shall be effective for any fiscal year only to such
extent or in such amounts as are provided in advance in appropriation
Acts.".
Sec. 106. Section 206(c)(2) is amended--,
(1) by amending the matter preceding subparagraph (A) to
read as follows: " The Secretary may approve an application
for a grant under section 203, 204, or 205 only if the application
meets the requirements of paragraph (1) and, except as provided in
paragraph (3)--,";
(2) by inserting "the Secretary" before "determines" in
subparagraphs (A) and (B); and
(3) by striking out "and" at the end of clause (iii) of
subparagraph (B), by striking out the period at the end of clause
(iv) of such subparagraph and inserting in lieu thereof a
semicolon, and by adding after such subparagraph the following new
subparagraphs:
"(C) in the case of an application for the first grant under
section 203, 204, or 205, or an application for a grant under such
section which requests a grant in an amount greater than the
amount specified by the applicant in its plan and budget submitted
in accordance with paragraph (1)(A)(i), the application is
recommended for approval by the National Advisory Mental Health
Council; and
"(D) in the case of an application of a community mental health
center which does not meet the governing board requirements of
section 201(c)(1)(A),
// 42 USC 2689. //
the committee appointed pursuant to section 201(c)(1)(B) has
approved the application or, if such committee has not approved
the application, the Secretary determines that the committee's
failure to approve the application was unreasonable.".
Sec. 107. Section 238(2) // 42 USC 2689u. // is amended by
inserting "health service areas," after "political subdivisions,".
Sec. 108. Section 231(c) // 42 USC 2689q // is amended by inserting
after the first sentence the following: " The recommendations of the
committee shall be submitted directly to the Secretary without review or
revision by any person without the consent of the committee.".
Sec. 109. Subsection (g) of section 314 // 42 USC 246. // of the
Public Health Service Act is amended to read as follows:
"(g)(1) From allotments made pursuant to paragraph (4), the Secretary
shall make grants to State mental health authorities to assist them in
meeting the costs of carrying out their functions under title XV of this
Act // 42 USC 300k-1. // and under section 237 of the Community Mental
Health Centers Act // 42 USC 2689t. // and, after September 30, 1979,
in meeting the costs of providing mental health services.
"(2) No grant may be made under paragraph (1) unless an application
therefor has been submitted to and approved by the Secretary. Such an
application shall be submitted in such form and manner and shall contain
such information as the Secretary may require, and shall contain or be
supported by assurances satisfactory to the Secretary that--,
"(A) the mental health services provided within the State under
the grant applied for will be provided in accordance with the
State health plan in effect for such State under section 1524(c);
// 42 USC 300m-3. //
"(B) funds received under the grant applied for will (i) be
used to supplement and, to the extent practical, to increase the
level of non-Federal funds that would otherwise be made available
for the purposes for which the grant funds are provided, and (ii)
not be used to supplant such non-Federal funds;
"(C) the State mental health authority will--,
disbursements
of and accounting for funds received under grants
under paragraph (1);
reporting
system and by such categories as the Secretary may
prescribe)
a description of the mental health services provided in
the
State in the fiscal year for which the grant applied
for is
made and the amount of funds obligated in such fiscal
year
for the provision of each such category of services;
and
records and
afford such access thereto as the Secretary may find
necessary
to assure the correctness of, and to verify, such
reports;
"(D) the State mental health authority will--,
// 42 USC 2689t. //
mental
health center) within the State;
facilitate (I)
screening by community mental health centers (or, if
there are
no such centers, other appropriate entities) of
residents of
the State who are being considered for inpatient care
in a
mental health facility to determine if such care is
necessary,
and (II) provision of followup care by community mental
health centers (or, if there are no such centers, by
other
appropriate entities) for residents of the State who
have been
discharged from mental health facilities; and
noninstitutional
services for such persons, and to improve the quality of
care for those with mental health problems for whom
institutional care is appropriate, and
(I),
including arrangements designed to preserve employee
rights and benefits and to provide training and
retraining
of such employees where necessary and arrangements
under which maximum effort will be made to guarantee
the employment of such employees.
"(3)(A) The Secretary shall review annually the activities undertaken
by each State mental health authority with an approved application to
determine if it complied with the assurances provided with the
application. The Secretary may not approve an application submitted
under paragraph (2) if the Secretary determines--,
"(i) the State for which the application was submitted did not
comply with assurances provided with a prior application under
paragraph (2), and
"(ii) he cannot be assured that the State will comply with the
assurances provided with the application under consideration.
"(B) Whenever the Secretary, after reasonable notice and opportunity
for a hearing to the State mental health authority of a State, finds
that, with respect to funds paid to the authority under a grant under
paragraph (1), there is a failure to comply substantially with
assurances provided under paragraph (2) with respect to the receipt of
such grant, the Secretary shall notify the authority that further
payments will not be made to it under such grant (or, in his discretion,
that further payments will not be made to it from such grant for
activities in which there is such failure), until he is satisfied that
there will no longer be such failure. Until he is so satisfied, the
Secretary shall make no payment to such authority from such grant, or
shall limit payment under such grant to activities in which there is no
such failure.
"(4) For the purpose of determining the total amount of grants that
may be made to the State mental health authorities of each State, the
Secretary shall, in each fiscal year and in accordance with regulations,
allot the sums appropriated for such year under paragraph (7) among the
States on the basis of the population and the financial need of the
respective States. The populations of the States shall be determined on
the basis of the latest figures for the population of the States
available from the Department of Commerce.
"(5)(A) The Secretary shall determine the amount of any grant under
paragraph (1); but the amount of grants made in any fiscal year to the
mental health authorities of any State may not exceed the amount of the
State's allotment available for obligation in such fiscal year.
Payments under such grants may be made in advance or by way of
reimbursement, and at such intervals and on such conditions, as the
Secretary finds necessary.
"(B) The Secretary, at the request of a State mental health
authority, may reduce the amount of the grant to the authority under
paragraph (1) by--,
"(i) the fair market value of any supplies or equipment
furnished the State mental health authority, and
"(ii) the amount of the pay, allowances, and travel expenses of
any officer or employee of the Government when detailed to the
State mental health authority and the amount of any other costs
incurred in connection with the detail of such officer or
employee.
when the furnishing of such supplies or equipment or the detail of such
an officer or employee is for the convenience of and at the request of
the State mental health authority and for the purpose of carrying out
any project with respect to which its grant under paragraph (1) is made.
The amount by which any such grant is so reduced shall be available for
payment by the Secretary of the costs incurred in furnishing the
supplies or equipment, or in detailing the personnel, on which the
reduction of such grant is based, and such amount shall be deemed as
part of the grant and shall be deemed to have been paid to the State
mental health authority.
"(6) In any fiscal year not less than 70 per centum of the amount of
a State's grant shall be available only for the provision of mental
health services and for the conduct of mental health planning activities
in communities of the State.
"(7) For the purpose of making grants under this subsection there are
authorized to be appropriated $5,000,000 for the fiscal year ending
September 30, 1979, $20,000,000 for the fiscal year ending September 30,
1980, and $25,000,000 for the fiscal year ending September 30, 1981.
"(8) Regulations (including substantive amendments to regulations)
under this subsection shall be promulgated by the Secretary after
consultation with a conference of State mental health authorities. The
Secretary shall consult with such conference before the publication of
proposals for such regulations or amendments.".
Sec. 110. (a) Section 211(1)(A) // 42 USC 2689f. // is amended (1)
by inserting "for compensation of personnel for its initial operation"
after "1975)", and (2) by inserting "for such compensation of personnel"
after "under that section".
(b) Section 203(e)(1)(A)(i) // 42 USC 2689b. // is amended by
striking out "unless it meets the requirements of section 201" and
inserting in lieu thereof the following: "(other than section 271)
unless it provides at least the comprehensive mental health services
described in clauses (i) through (iv) of section 201(b)(1)(A)".
(c) Effective July 29, 1975, section 225 // 42 USC 2689m. // is
amended by striking out "this part" and inserting in lieu thereof "this
title".
(d) Section 504(a) of the Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment, and Rehabilitation Act of 1970 // 42 USC 4588.
// is amended by adding after and below paragraph (2) the following: "
Insofar as practicable, the Secretary shall approve applications under
this subsection in a manner which results in an equitable geographic
distribution of Centers.".
Sec. 111. The amendments made by this title (other than by section
110(c)) to the Community Mental Health Center Act // 42 USC 2689 //
shall apply with respect to grants made under the Community Mental
Health Centers Act from appropriations for fiscal years ending after
September 30, 1978.
Sec. 201. (a) This title // 42 USC 201 note. // may be cited as the
" Biomedical Research and Research Training Amendments of 1978".
(b) Whenever in this title (other than in sections 267 and 268) an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Public Health Service
Act. // 42 USC 201 note //
Sec. 211. Section 390(c) // 42 USC 280b. // is amended by striking
out "and" after "1976," and by inserting before the period the
following:", $15,000,000 for the fiscal year ending September 30, 1979,
$16,500,000 for the fiscal year ending September 30, 1980, and
$18,500,000 for the fiscal year ending September 30, 1981".
Sec. 212. Section 383 // 42 USC 277. // is amended (1) by striking
out "by the President, by and with the advice and consent of the Senate"
in the first sentence of subsection (a) and inserting in lieu thereof
"by the Secretary", and (2) by striking out "by the President" in the
first sentence of subsection (c) and inserting in lieu thereof "by the
Secretary".
Blood
Institute
Sec. 221. (a) Section 414(b) // 42 USC 287c. // is amended by
striking out "and" after "1977", and by inserting before the period the
following: ", $40,000,000 for the fiscal year ending September 30,
1979, and $45,000,000 for the fiscal year ending September 30, 1980."
(b) Section 419 B // 42 USC 287i. // is amended in the first
sentence by striking out "and" after "1977," and by inserting before the
period the following; ", $470,000,000 for the fiscal year ending
September 30, 1979, and $515,000,000 for the fiscal year ending
September 30, 1980".
Sec. 222. (a) Section 413(b)(2) // 42 USC 287b. // is amended by
striking out "submit to the President for transmittal to the Congress a
report" and inserting in lieu thereof "submit a report to the Secretary,
for simultaneous transmittal by the Secretary, not later than November
30 of each year, to the President and to the Congress,",
(b) Section 418(b)(2) // 42 USC 287g. // is amended by inserting "by
the Secretary" after "transmittal".
Sec. 223. (a) Section 412(5) // 42 USC 287a. // is amended by
striking out "make available" and inserting in lieu thereof "make
available on a timely basis".
(b) Section 413(d) // 42 USC 287b. // is amended (1) by striking out
"to provide" in the second sentence and inserting in lieu thereof "to
provide on a timely basis", and (2) by striking out "diet" in the third
sentence and inserting in lieu thereof "diet and nutrition,
environmental pollutants".
Sec. 224. Section 415(a)(2) // 42 USC 287d. // is amended by adding
after subparagraph (D) the following:
"(E) Programs of continuing education for health and allied
health professionals in the diagnosis, prevention, and treatment
of such diseases and information programs for the public
respecting the prevention and early diagnosis and treatment of
such diseases."
Programs of the
National Cancer Institute
Sec. 231. (a) Section 409(b) // 42 USC 286c // is amended by
striking out "and" after "1977," and by inserting before the period the
following:", $90,500,000 for the fiscal year ending September 30, 1979,
and $103,000,000 for the fiscal year ending September 30, 1980".
(b) Section 410 C // 42 USC 286g. // is amended by striking out
"and" after "1977;" and by inserting before the period the following:
"$924,500,000 for the fiscal year ending September 30, 1979; and
$927,000,000 for the fiscal year ending September 30, 1980".
Sec. 232. (a)(1)(A) Subsection (a) of section 410 B // 42 USC 286f.
// is amended by striking out "twenty-three" and inserting in lieu
thereof "twenty-nine".
(B) Paragraph (1) of such subsection is amended by inserting after "
Veterans' Administration" the following:", the Director of the National
Institute for Occupational Safety and Health, the Director of the
National Institute of Environmental Health Sciences, the Secretary of
Labor, the Commissioner of the Food and Drug Administration, the
Administrator of the Environmental Protection Agency, the Chairman of
the Consumer Product Safety Commission".
(2) The first sentence of such subsection following paragraph (2) is
amended (A) by striking out "and not more" and inserting in lieu
thereof", not more", and (B) by inserting before the period ", and not
less than five of the appointed members shall be individuals
knowledgeable in environmental carcinogenesis (including carcinogenesis
involving occupational and dietary factors)".
(3) The second sentence of such subsection following paragraph (2) is
amended by inserting before the period a comma and the following: "and
at least two of the physicians appointed to the Board shall be
physicians primarily involved in treating individuals who have cancer".
(4) Such subsection is amended by adding at the end the following:
" The ex officio members of the Board shall be nonvoting members.".
(5) Section 410 B(g) is amended by striking out "a report to the
President for transmittal to the Congress not later than January 31 of
each year on the progress" and inserting in lieu thereof "a report to
the Secretary, for simultaneous transmittal by the Secretary, not later
than November 30 of each year, to the President and to the Congress, on
the progress during the preceding fiscal year".
(b) The amendments made by subsection (a) of this section // 42 USC
286f // respecting the manner of appointing members of the National
Cancer Advisory Board and the composition of such Board shall apply with
respect to appointments made to the Board after the date of the
enactment of this Act, and the President shall make appointments to such
Board after such date in a manner which will bring about, at the
earliest feasible time, the composition prescribed by such amendments.
Sec. 233. Section 410 A(b) // 42 USC 286e. // is amended (1) by
striking out "end of each calendar year" and inserting in lieu thereof
"end of each fiscal year", (2) by striking out "submit to the President
for transmittal to the Congress" and inserting in lieu thereof "submit
to the Secretary, for simultaneous transmittal by the Secretary, not
later than November 30 of each year, to the President and to the
Congress,", and (3) by striking out "the preceding calendar year" and
inserting in lieu thereof "the preceding fiscal year".
Sec. 234. (a) Subsections (a) and (b) of section 408 // 42 USC 286b.
// are each amended by striking out "clinical research, training, and
demonstration of advanced diagnostic and treatment methods relating to
cancer" and inserting in lieu thereof "basic and clinical research into,
training in, and demonstration of, advanced diagnostic, prevention, and
treatment methods for cancer".
(b) Clause (3) of the second sentence of section 408(b) is amended by
inserting after the comma the following: "continuing education for
health professionals and allied health professions personnel, and
information programs for the public respecting cancer,".
Sec. 235. (a) Paragraph (1) of subsection (b) of section 407 // 42
USC 286a. // is amended by striking out ",plan and develop" and
inserting in lieu thereof" (A) plan and develop", and by inserting
before the period the following:"; and (B) implement an expanded and
intensified research program for the prevention of cancer caused by
occupational or environmental exposure to carcinogens".
(b) Paragraph (7) of such subsection is amended to read as follows:
"(7) Support appropriate programs of education (including
continuing education) and training in fundamental sciences and
clinical disciplines for investigators, physicians, and allied
health professionals for participation in clinical programs
relating to cancer, including the use of training stipends,
fellowships, and career awards."
(c) The first sentence of subsection (c)(3) of such section is
amended by striking out "twelve times" and inserting in lieu thereof
"four times".
Sec. 236. (a) Subsection (a) of section 409 // 42 USC 286c. // is
amended to read as follows:
"(a) The Director of the National Cancer Institute shall establish
and support demonstration, education, and other programs for the
detection, diagnosis, prevention, and treatment of cancer and for
rehabilitation and counseling respecting cancer. Programs established
and supported under this subsection shall include--,
"(1) locally initiated education and demonstration programs
(and regional networks of such programs) to transmit research
results and to disseminate information respecting the detection,
diagnosis, prevention, and treatment of cancer and rehabilitation
and counseling respecting cancer to physicians and other health
professionals who provide care to individuals who have cancer;
"(2) the demonstration of and the education of health
professionals in--,
of
developing cancer, and
"(3) the demonstration of new methods for the dissemination of
information to the general public concerning the early detection
and treatment of cancer and information concerning unapproved and
ineffective methods, drugs, and devices for the diagnosis,
prevention, treatment, and control of cancer.".
the National
Cancer Institute
Sec. 241. (a)(1) Part A of title IV (as amended by subpart I of
this part) // 42 USC 281. // is amended to read as follows:
" Sec. 400 // 42 USC 281. // The National Cancer Institute (in this
part referred to as the " Institute') is a division of the National
Institutes of Health.
" Sec. 401. (a) In carrying out the purposes of section 301 // 42
USC 282. // with respect to cancer, the Secretary, through the
Institute and in cooperation with the National Cancer Advisory Board,
shall--,
"(1) conduct, assist, and foster research, investigations,
experiments, and studies relating to the cause, prevention, and
methods of diagnosis and treatment of cancer;
"(2) promote the coordination of research conducted by the
Institute and similar research conducted by other agencies and
organizations and by individuals;
"(3) provide clinical training and instruction in technical
matters relating to the diagnosis and treatment of cancer;
"(4) secure for the Institute consultation services and advice
of cancer experts from the United States and abroad;
"(5) cooperate with State health agencies in the prevention,
control, and eradication of cancer; and
"(6) procure, use, and lend radium as provided in subsection
(b).
"(b) In carrying out subsection (a), all appropriate provisions of
section 301 shall be applicable to the authority of the Secretary, and
the Secretary is authorized--,
"(1) to purchase radium, from time to time and without regard
to section 3709 of the Revised Statutes,
// 41 USC 5. //
and to make such radium available for the purposes of this part,
both to the Service and by loan to other agencies and institutions
for such consideration and subject to such conditions as he may
prescribe; and
"(2) to provide the necessary facilities where training and
instruction may be given in all technical matters relating to the
diagnosis and treatement of cancer to persons found by the
Secretary to have proper technical qualifications and designated
by him for such training or instruction and to fix and pay them a
per diem allowance during such training or instruction.
" Sec. 402. // 42 USC 283. // The National Cancer Program shall
consist of (1) an expanded, intensified, and coordinated cancer research
program encompassing the research programs conducted and supported by
the Institute and the related research programs of the other research
institutes and including an expanded and intensified research program
for the prevention of cancer caused by occupational or environmental
exposure to carcinogens, and (2) the other programs and activities of
the Institute.
" Sec. 403. // 42 USC 284. // The Director of the Institute shall
establish and support demonstration, education, and other programs for
the detection, diagnosis, prevention, and treatment of cancer and for
rehabilitation and counseling respecting cancer. Programs established
and supported under this section shall include--,
"(1) locally initiated education and demonstration programs
(and regional networks of such programs) to transmit research
results and to disseminate information respecting the detection,
diagnosis, prevention, and treatment of cancer and rehabilitation
and counseling respecting cancer to physicians and other health
professionals who provide care to individuals who have cancer;
"(2) the demonstration of and the education of health
professionals in--,
and
the identification of individuals with a high risk of
developing
cancer, and
"(3) the demonstration of new methods for the dissemination of
information to the general public concerning the early detection
and treatment of cancer and information concerning unapproved and
ineffective methods, drugs, and devices for the diagnosis,
prevention, treatment, and control of cancer.
" Sec. 404 // 42 USC 285. // (a) The Director of the Institute in
carrying out the National Cancer Program shall--,
"(1) collect, analyze, and disseminate information (including
information respecting nutrition programs for cancer patients and
the relationship between nutrition and cancer) useful in the
prevention, diagnosis, and treatment of cancer, including the
establishment of an international cancer research data bank to
collect, catalog, store, and disseminate insofar as feasible the
results of cancer research undertaken in any country for the use
of any person involved in cancer research in any country;
"(2) establish or support the large-scale production or
distribution of specialized biological materials and other
therapeutic substances for research and set standards of safety
and care for persons using such materials;
"(3) support research in the cancer field outside the United
States by highly qualified foreign nationals which research can be
expected to inure to the benefit of the American people; support
collaborative research involving American and foreign
participants; and support the training of American scientists
abroad and foreign scientists in the United States;
"(4) support appropriate programs of education (including
continuing education) and training in fundamental sciences and
clinical disciplines for investigators, physicians, and allied
health professionals for participation in clinical programs
relating to cancer, including the use of training stipends,
fellowships, and career awards;
"(5) expeditiously utilize existing research facilities and
personnel of the National Institutes of Health for accelerated
exploration of opportunities in areas of special promise;
"(6) encourage and coordinate cancer research by industrial
concerns where such concerns evidence a particular capability for
such research;
"(7) provide and contract for a program to disseminate and
interpret, on a current basis, for practitioners and other health
professionals, scientists, and the general public scientific and
other information respecting the cause, prevention, diagnosis, and
treatment of cancer;
"(8)(A) prepare and submit, directly to the President for
review and transmittal to Congress, an annual budget estimate
(including an estimate of the number and type of personnel needed
for the National Cancer Institute) for the National Cancer
Program, after reasonable opportunity for comment (but without
change) by the Secretary, the Director of the National Institutes
of Health, and the National Cancer Advisory board; and (B)
receive from the President and the Office of Management and Budget
directly all funds appropriated by Congress for obligation and
expenditure by the Institute; and
"(9) as soon as practicable after the end of each fiscal year,
prepare in consultation with the National Cancer Advisory Board
and submit to the Secretary, for simultaneous transmittal, not
later than November 30 of each year, to the President and to the
Congress, a report on the activities, progress, and
accomplishments under the National Cancer Program during the
preceding fiscal year, which shall include a report on the
progress, activities, and accomplishments of, and expenditures
for, the information services of the Program, and a plan for the
Program during the next five years.
"(b) The Director of the Institute (after consultation with the
National Cancer Advisory Board) in carrying out his functions in
administering the National Cancer Program and without regard to any
other provision of this Act is authorized--,
"(1) to obtain (in accordance with section 3109 of title 5,
United States Code and if authorized by the National Cancer
Advisory Board, but without regard to the limitation in such
section on the number of days or the period of such service) the
services of not more than one hundred and fifty-one experts or
consultants who have scientific or professional qualifications;
"(2) to acquire, construct, improve, repair, operate, and
maintain cancer centers, laboratories, research, and other
necessary facilities and equipment, and related accommodations as
may be necessary, and such other real or personal property
(including patents) as the Director deems necessary; to acquire,
without regard to the Act of March 3, 1877 (40 U.S.C. 34), by
lease or otherwise through the Administrator of General Services,
buildings or parts of buildings in the District of Columbia or
communities located adjacent to the District of Columbia for the
use of the Institute for a period not to exceed ten years;
"(3) to appoint one or more advisory committees composed of
such private citizens and officials of Federal, State, and local
governments as he deems desirable to advise him with respect to
his functions;
"(4) to utilize, with their consent, the services, equipment,
personnel, information, and facilities of other Federal, State, or
local public agencies, with or without reimbursement therefor;
"(5) to accept voluntary and uncompensated services;
"(6) to accept unconditional gifts, or donations of services,
money, or property, real, personal, or mixed, tangible or
intangible;
"(7) to enter into such contracts, leases, cooperative
agreements, or other transactions, without regard to sections 3648
and 3709 of the Revised Statutes of the United States (31 U. S.C.
529, 41 U.S.C. 5), as may be necessary in the conduct of his
functions, with any public agency, or with any person, firm,
association, corporation, or educational institution;
"(8) to take necessary action to insure that all channels for
the dissemination and exchange of scientific knowledge and
information are maintained between the Institute and the other
scientific, medical, and biomedical disciplines and organizations
nationally and internationally;
"(9) to award grants for new construction as well as
alterations and renovations for improvement of basic research
laboratory facilities, including those related to biohazard
control, as deemed necessary for the National Cancer Program; and
"(10) to call special meetings of the National Cancer Advisory
Board at such times and in such places as the Director deems
necessary in order to consult with, obtain advice from, or to
secure the approval of projects, programs, or other actions to be
undertaken without delay in order to gain maximum benefit from a
new scientific or technical finding.
" Sec. 405. // 42 USC 286. // (a) The Director of the Institute
shall, by regulation, provide for proper scientific review of all
research grants and programs over which he has authority (1) by
utilizing, to the maximum extent possible, appropriate peer review
groups established within the National Institutes of Health and composed
principally of non-Federal scientists and other experts in the
scientific and disease fields, and (2) when appropriate, by
establishing, with the approval of the National Cancer Advisory Board
and the Director of the National Institutes of Health, other formal peer
review groups as may be required.
"(b) Under procedures approved by the Director of the National
Institutes of health, the Director of the National Cancer Institute may
approve grants under this Act for cancer research or training--,
"(1) if the direct costs of such research and training do not
exceed $35,000, but only after appropriate review for scientific
merit, and
"(2) if the direct costs of such research and training exceed
$35,000, but only after appropriate review for scientific merit
and recommendation for approval by the National Cancer Advisory
Board under section 407(b)(3).
// 42 USC 286a. //
" Sec. 406. // 42 USC 286a. // (a) The Director of the Institute is
authorized to provide for the establishment of new centers for basic and
clinical research into, training in, and demonstration of, advanced
diagnostic, prevention, and treatment methods for cancer. Such centers
may be supported under subsection (b) or under any other applicable
provision of law.
"(b) The Director of the Institute, under policies established by the
Director of the National Institutes of Health and after consultation
with the National Cancer Advisory Board, is authorized to enter into
cooperative agreements with public or private nonprofit agencies or
institutions to pay all or part of the cost of planning, establishing,
or strengthening, and providing basic operating support for existing or
new centers (including, but not limited to, centers established under
subsection (a) for basic and clinical research into, training in, and
demonstration of advanced diagnostic, prevention, and treatment methods
for cancer. Federal payments under this subsection in support of such
cooperative agreements may be used for (1) construction (notwithstanding
any limitation under section 477), (2) staffing and other basic
operating costs, including such patient care costs as are required for
research, (3) clinical training (including clinical training for allied
health professionals, continuing education for health professionals and
allied health professions personnel, and information programs for the
public respecting cancer, and (4) demonstration purposes. The aggregate
of payments (other than payments for construction) made to any center in
support of such an agreement for its costs (other than indirect costs)
described in the first sentence may not exceed $5,000,000 in any fiscal
year, except that if in any fiscal year there is an increase, as
reflected in the Consumer Price Index published by the Bureau of Labor
Statistics, in the cost of a center for which payments may be made under
such an agreement, the aggregate of payments in such year for such
center may exceed $5,000,000 to include such increase and any such
increase in any preceding fiscal year for which payments were made to
such center under such an agreement to the extent that such increase
resulted in payments in excess of $5,000,000. As used in this section,
the term "construction" does not include the acquisition of land, and
the term "training" does not include research training for which
fellowship support may be provided under section 472. // 42 USC 289l/1.
// Support of a center under this section may be for a period of not to
exceed three years and may be extended by the Director of the Institute
for additional periods of not more than three years each, after review
of the operations of such center by an appropriate scientific review
group established by the Director of the Institute.
" Sec. 407. // 42 USC 286b. // (a)(1) There is established in the
Institute a National Cancer Advisory Board (hereinafter in this section
referred to as the ' Board') to be composed of twenty-nine members as
follows:
"(A) The Secretary, the Director of the Office of Science and
Technology Policy, the Director of the National Institutes of
Health, the chief medical officer of the Veterans' Administration,
the Director of the National Institute for Occupational Safety
and Health, the Director of the National Institute of Environmental
Health Sciences, the Secretary of Labor, the Commissioner of the
Food and Drug Administration, the Administrator of the
Environmental Protection Agency, the Chairman of the Consumer
Product Safety Commission (or their designees), and a medical
officer designated by the Secretary of Defense shall be ex officio
members of the Board.
"(B) Eighteen members appointed by the President. Not more than
twelve of the appointed members of the Board shall
be scientists or physicians, not more than eight of the appointed
members shall be representatives from the general public, and not less
than five of the appointed members shall be individuals knowledgeable in
environmental carcinogenesis (including carcinogenesis involving
occupational and dietary factors). The scientists and physicians
appointed to the Board shall be appointed from persons who are among the
leading scientific or medical authorities outstanding in the study,
diagnosis, or treatment of cancer or in fields related thereto, and at
least two of the physicians appointed to the Board shall be physicians
primarily involved in treating individuals who have cancer. Each
appointed member of the Board shall be appointed from among persons who
by virtue of their training, experience, and background are especially
qualified to appraise the programs of the Institute. The ex officio
members of the Board shall be nonvoting members.
"(2)(A) Appointed members shall be appointed for six-year terms,
except that of the members first appointed six shall be appointed for a
term of two years, and six shall be appointed for a term of four years,
as designated by the President at the time of appointment.
"(B) Any member appointed to fill a vacancy occurring prior to
expiration of the term for which his predecessor was appointed shall
serve only for the remainder of such term. Appointed members shall be
eligible for reappointment and may serve after the expiration of their
terms until their successors have taken office.
"(C) A vacancy in the Board shall not affect its activities, and
twelve members thereof shall constitute a quorum.
"(3) The President shall designate one of the appointed members to
serve as Chairman for a term of two years.
"(4) The Board shall meet at the call of the Director of the
Institute or the Chairman, but not less often than four times a year and
shall advise and assist the Director of the Institute with respect to
the National Cancer Program.
"(5) The Director of the Institute shall designate a member of the
staff of the Institute to act as Executive Secretary of the Board.
"(6) The Board may hold such hearings, take such testimony, and sit
and act at such times and places as the Board deems advisable to
investigate programs and activities of the National Cancer Program.
"(7) The Board shall submit a report to the Secretary for
simultaneous transmittal by the Secretary, not later than November 30 of
each year, to the President and the Congress, on the progress during the
preceding fiscal year of the National Cancer Program toward the
accomplishment of its objectives.
"(8) Members of the Board who are not officers or employees of the
United States shall receive for each day they are engaged in the
performance of the duties of the Board compensation at rates not to
exceed the daily equivalent of the annual rate in effect for GS-18 of
the General Schedule, // 5 USC 5332. // including traveltime; and all
members, while so serving away from their homes or regular places of
business, may be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as such expenses are authorized by
section 5703, title 5, United States Code, for persons in the Government
service employed intermittently.
"(9) The Director of the Institute shall make available to the Board
such staff, information, and other assistance as it may require to carry
out its activities.
"(b) The Board is authorized --,
"(1) to review research projects or programs conducted or
authorized to be conducted under section 401 relating to the study
of the cause, prevention, or methods of diagnosis and treatment of
cancer, and recommend to the Secretary any such projects which it
believes show promise of making valuable contributions to human
knowledge with respect to the cause, prevention, or methods of
diagnosis and treatment of cancer;
"(2) to collect information as to studies which are being
carried on in the United States or any other country as to the
cause, prevention, and methods of diagnosis and treatment of
cancer, by correspondence or by personal investigation of such
studies, and with the approval of the Secretary make available
such information through the appropriate publications for the
benefit of health agencies and organizations (public or private),
physicians, or any other scientists, and for the information of
the general public; "(3) to review applications for grants for
research projects relating to cancer and to recommend to the
Director for approval under section 405(b)(2) those applications
which show promise of making valuable contributions to human
knowledge with respect to the cause or prevention of cancer or to
methods of diagnosis or treatment of cancer;
"(4) to recommend to the Secretary for acceptance conditional
gifts pursuant to section 501 of this Act;
// 42 USC 219. //
and
"(5) to make recommendations to the Secretary with respect to
carrying out the provisions of this part.
" Sec. 408. // 42 USC 286c. // (a)(1) There is established the
President's Cancer Panel (hereinafter in this section referred to as the
' Panel') which shall be composed of three persons appointed by the
President, who by virtue of their training, experience, and background
are exceptionally qualified to appraise the National Cancer Program. At
least two of the members of the Panel shall be distinguished scientists
or physicians.
"(2)(A) Members of the Panel shall be appointed for three-year terms,
except that (i) in the case of two of the members first appointed, one
shall be appointed for a term of one year and one shall be appointed for
a term of two years, as designated by the President at the time of
appointment, and (ii) any member appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
appointed shall be appointed only for the remainder of such term.
"(B) The President shall designate one of the members to serve as
Chairman for a term of one year.
"(C) Members of the Panel shall each be entitled to receive the daily
equivalent of the annual rate of basic pay in effect for grade GS-18 of
the General Schedule // 5 USC 5332. // for each day (including
traveltime) during which they are engaged in the actual performance of
duties vested in the Panel, and shall be allowed travel expenses
(including a per diem allowance) under section 5703(b) of title 5,
United States Code.
"(3) The Panel shall meet at the call of the Chairman, but not less
often than four times a year. A transcript shall be kept of the
proceedings of each meeting of the Panel, and the Chairman shall make
such transcript available to the public.
"(b) The Panel shall monitor the development and execution of the
National Cancer Program, and shall report directly to the President.
Any delays or blockages in rapid execution of the Program shall
immediately be brought to the attention of the President. The Panel
shall submit to the President periodic progress reports on the Program
and annually an evaluation of the efficacy of the Program and
suggestions for improvements, and shall submit such other reports as the
President shall direct.
" Sec. 409.
// 42 USC 286d. //
The Secretary shall recommend acceptance of conditional gifts
pursuant to section 501 // 42 USC 219. // for study, investigation, or
research into the cause, prevention, and methods of diagnosis and
treatment of cancer, or for the acquisition of real property or the
erection, equipment, or maintenance of premises, buildings, or equipment
of the Institute, only after consultation with the National Cancer
Advisory Board. Donations of $50,000 or over in aid of research under
this part may be acknowledged by the establishment within the Institute
of suitable memorials to the donors.
" Sec. 410.
// 42 USC 286e. //
(a) For the purpose of carrying out this part (other than section
403), there are authorized to be appropriated $400,000,000 for the
fiscal year ending June 30, 1972; $500,000,000 for the fiscal year
ending June 30, 1973; $600,000,000 for the fiscal year ending June 30,
1974; $750,000,000 for the fiscal year ending June 30, 1975;
$830,000,000 for the fiscal year ending June 30, 1976; $985,000,000 for
the fiscal year ending September 30, 1977; $923,590,000 for the fiscal
year ending September 30, 1978; $924,500,000 for the fiscal year ending
September 30, 1979; and $927,000,000 for the fiscal year ending
September 30, 1980.
"(b) There are authorized to be appropriated to carry out section 403
$20,000,000 for the fiscal year ending June 30, 1972; $30,000,000 for
the fiscal year ending June 30, 1973; $40,000,000 for the fiscal year
ending June 30, 1974; $53,500,000 for the fiscal year ending June 30,
1975; $68,500,000 for the fiscal year ending June 30, 1976;
$88,500,000 for the fiscal year ending september 30, 1977; $84,560,000
for the fiscal year ending September 30, 1978; $90,500,000 for the
fiscal year ending September 30, 1979; and $103,000,000 for the fiscal
year ending September 30, 1980.
"(c) The authority of the Secretary to enter into any contract for
the conduct of a program under section 404 (a) (7) shall be effective
for any fiscal year only to such extent or in such amounts as are
provided in advance in appropriation Acts.".
(2)
// 42 USC 286b //
The change in the manner of appointing members of the National Cancer
Advisory Board and in the composition of such Board prescribed by the
amendment made by paragraph (1) shall apply with respect to appointments
made to the Board after the date of the enactment of this Act, and the
President shall make appointments to such Board after such date in a
manner which will bring about, at the earliest feasible time, the
composition prescribed by such amendment.
(b) Part I of title IV is amended by adding at the end the following:
" Sec. 477. Appropriations to carry out the purposes of this title
// 42 USC 289l-6. // shall be available for the acquisition of land
or the erection of buildings only if so specified, but in the absence of
express limitation therein may be expended in the District of Columbia
for personal services, stenographic recording and translating services,
by contract if deemed necessary, without regard to section 3709 // 41
USC 5. // of the Revised Statutes; traveling expenses (including the
expenses of attendance at meetings when specifically authorized by the
Secretary); rental, supplies and equipment, purchase and exchange of
medical books, books of reference, directories, periodicals, newspapers,
and press clippings; purchase, operation, and maintenance of
motor-propelled passenger-carrying vehicles; printing and binding (in
addition to that otherwise provided by law); and for all other
necessary expenses in carrying out the provisions of this title.
" Sec. 478. This title
// 42 USC 289l-7. // shall not be construed as limiting (1) the
functions or authority of the Secretary under any other title of this
Act, or of any officer or agency of the United States, relating to the
study of the prevention, diagnosis, and treatment of any disease or
diseases for which a separate institute is established under this Act;
or (2) the expenditure of money therefor.".
Sec. 242. (a) Section 415 (b) (1)
// 42 USC 287d. //
is amended by striking out "section 405" and inserting in lieu
thereof "section 477".
(b) Section 471
// 42 USC 289l. //
is amended by striking out "section 407 (b) (9)" and inserting in
lieu thereof "section 404 (a) (8)".
Sec. 251. (a) Subsection (d) of section 472
// 42 USC 289l-1. //
is amended by striking out "and" after "1977," and by inserting
before the period at the end of the first sentence the following: ",
$197,500,000 for the fiscal year ending September 30, 1979, $210,000,000
for the fiscal year ending September 30, 1980, and $222,500,000 for the
fiscal year ending September 30, 1981".
(b) Sebsection (d) of such section is amended (1) by striking out "25
per centum" in the second sentence and inserting in lieu thereof "15 per
centum", and (2) by inserting before the period "and not less than 50
per centum shall be made available for grants under subsection (a) (1)
(B) for National Research Service Awards".
(c) Subsection (d) of such section is amended by adding at the end
thereof the following new sentence: " In any fiscal year not more than
4 per centum of the amount obligated to be expended under this section
may be obligated for National Research Service Awards for periods of
three months or less.".
Sec. 252. Paragraph (2) of subsection (b) of such section is amended
by striking out " The award of National Research Service Awards by the
Secretary under subsection (a) and the making of grants for such Awards"
and inserting in lieu thereof " The making of grants under subsection
(a) (1) (B) for National Research Service Awards".
Sec. 253. Paragraph (4) of subsection (b) of such section is amended
to read as follows:
"(4) The period of any National Research Service Award made to any
individual under subsection (a) may not exceed--,
"(A) five years in the aggregate for predoctoral training, and
"(B) three years in the aggregate for postdoctoral training,
unless the Secretary for good cause shown waives the application of such
limit to such individual."
Sec. 254. The first sentence of subsection (b) (5) of such section
is amended by inserting after "dependency allowances)" the following:
",adjusted periodically to reflect increases in the cost of living".
Sec. 255. (a) Subparagraph (B) of subsection (c) (1) of such section
is amended (1) by inserting "or" in clause (i) after " Corps,", (2) by
striking out clause (ii), and (3) by redesignating clause (iii) as
clause (ii).
(b) (1) Paragraph (2) of subsection (c) of such section is amended to
read as follows:
"(2) For each month for which an individual receives a National
Research Service Award which is made for a period in excess of three
months, such individual shall--,
"(A) for one month engage in health research or teaching or any
combination thereof which is in accordance with the usual patterns
of academic employment, or, if so authorized, serve as a member of
the National Health Service Corps, or
"(B) if authorized under paragraph (1) (B) or (1) (C),for one
month serve in the individual's specialty or engage in a
health-related activity."
(2) Paragraph (4) (A) of such subsection is amended by striking out
and inserting in lieu thereof
(3) Paragraph (5) (B) of such subsection amended by striking out
"extreme hardship" and inserting in lieu thereof "substantial hardship".
(b) The amendments made by subsection (a)
// 42 USC 289l-1 //
shall apply only with respect to National Research Service Awards
made under section 472 of the Public Health Service Act // 42 USC
289l-1. // after the date of the enactment of this Act.
Sec. 256. Section 473 (c)
// 42 USC 289l-2. //
is amended by striking out "not later than September 30 of each year"
and inserting in lieu thereof "at least once every two years".
Sec. 261. Effective October 1, 1978, section 301
// 42 USC 241. //
is amended by adding after and below paragraph (h) the following: "
The Secretary may make available to individuals and entities, for
biomedical and behavioral research, substances and living organisms.
Such substances and organisms shall be made available under such terms
and conditions (including payment for them) as the Secretary determines
appropriate."
Sec. 262. Effective October 1, 1978, section 301
// 42 USC 241. // (as amended by section 261 of this title) is
amended (1) by striking out " Surgeon General" each place it appears and
inserting in lieu thereof " Secretary", (2) by striking out " Collect"
in paragraph (a) and inserting in lieu thereof "collect", (3) by
striking out " Make" in paragraphs (b), (c), and (f) and inserting in
lieu thereof "make", (4) by striking out " Secure" in paragraph (d) and
inserting in lieu thereof "secure", (5) by striking out " For" in
paragraph (e) and inserting in lieu thereof "for", (6) by striking out "
Enter" in paragraph (g) and inserting in lieu thereof "enter", (7) by
striking out " Adopt" in paragraph (h) and inserting in lieu thereof
"adopt", (8) by striking out "and" at the end of paragraph (f), (9) by
redesignating paragraphs (a) through (h) as paragraphs (1) through (8),
respectively, and (10) by inserting "(a)" after "301." and by adding at
the end the following:
"(b) (1) The Secretary shall conduct and may support through grants
and contracts studies and testing of substances for carcinogenicity,
teratogenicity, mutagenicity, and other harmful biological effects. In
carrying out this paragraph, the Secretary shall consult with entities
of the Federal Government, outside of the Department of Health,
Education, and Welfare, engaged in comparable activities. The Secretary,
upon request of such an entity and under appropriate arrangements for
the payment of expenses, may conduct for such entity studies and testing
of substances for carcinogenicity, teratogenicity, mutagenicity, and
other harmful biological effects.
"(2) (A) The Secretary shall establish a comprehensive program of
research into the biological effects of low-level ionizing radiation
under which program the Secretary shall conduct such research and may
support such research by others through grants and contracts.
"(B) The Secretary shall conduct a comprehensive review of Federal
programs of research on the biological effects of ionizing radiation.
"(3) The Secretary shall conduct and may support through grants and
contracts research and studies on human nutrition, with particular
emphasis on the role of nutrition in the prevention and treatment of
disease and on the maintenance and promotion of health, and programs for
the dissemination of information respecting human nutrition to health
professionals and the public. In carrying out activities under this
paragraph, the Secretary shall provide for the coordination of such of
these activities as are performed by the different divisions within the
Department of Health, Education, and Welfare and shall consult with
entities of the Federal Government, outside of the Department of Health,
Education, and Welfare, engaged in comparable activities. The
Secretary, upon request of such an entity and under appropriate
arrangements for the payment of expenses, may conduct and support such
activities for such entity.
"(4) The Secretary shall publish an annual report which contains--,
"(A) a list of all substances (i) which either are known to be
carcinogens or may reasonably be anticipated to be carcinogens and
(ii) to which a significant number of persons residing in the
United States are exposed;
"(B) information concerning the nature of such exposure and the
estimated number of persons exposed to such substances;
"(C) a statement identifying (i) each substance contained in
the list under subparagraph (A) for which no effluent, ambient, or
exposure standard has been established by a Federal agency, and
(ii) for each effluent, ambient, or exposure standard established
by a Federal agency with respect to a substance contained in the
list under subparagraph (A), the extent to which, on the
basis of available medical, scientific, or other data, such standard,
and the implementation of such standard by the agency, decreases
the risk to public health from exposure to the substance; and
"n D) a description of (i) each request received during the
year involved--,
to conduct research into, or testing for, the carcinogenicity of
substances or to provide information described in clause (ii) of
subparagraph (C), and (ii) how the Secretary and each such other
entity, respectively, have responded to each such request.
"(5) the authority of the Secretary to enter into any contract for
the conduct of any study, testing, program, research, or review, or
assessment under this subsection shall be effective for any fiscal year
only to such extent or in such amounts as are provided in advance in
appropriation Acts.".
Sec. 263. Section 439(g) // 42 USC 289c-6. // is amended by striking
out the last sentence.
OF NURSING
Sec. 264. Section 475(a) is amended // 42 USC 289l-4. // (1) by
inserting before", shall by regulation" the following: "and the head of
the Division of Nursing of the Health Resources Administration (or the
successor to either such entity)", (2) by inserting after "research" in
paragraph (1) the following: "(including research under programs of
such Division of Nursing)", and (3) by striking out "or the" in
paragraph (2) and inserting in lieu thereof "the" and by inserting
before the period in that paragraph a comma and the following: "or the
Division of Nursing of the Health Resources Administration (or the
successor to either such entity)".
Sec. 265. Title IV is amended by inserting after section 478 (as
added by section 241(b) of this title) the following new section:
" Sec. 479.
// 42 USC 289l-8. //
(a) The Director of the National Institutes of Health may obtain (in
accordance with section 3109 of title 5, United States Code, but without
regard to the limitation in such section on the number of days or the
period of service) the services of not more than two hundred experts or
consultants who have scientific or professional qualifications, for the
National Institutes of Health and for each of the research institutes
(other than the National Cancer Institute and the National Heart, Lung,
and Blood Institute).
"(b) (1) Experts and consultants whose services are obtained under
subsection (a) // 42 USC 284, 287b. // or under section 404 (b) (1) or
413 (c) (1) shall be paid or reimbursed for their expenses associated
with traveling to and from their assignment location in accordance with
sections 5724, 5724a (a) (1), 5724a (a) (3), and 5726 (c) of title 5,
United States Code.
"(2) Expenses specified in paragraph (1) may not be allowed in
connection with the assignment of an expert or consultant whose services
are obtained under this subsection, unless and until the expert or
consultant agrees in writing to complete the entire period of his
assignment or 1 year, whichever is shorter, unless separated or
reassigned for reasons beyond his control that are acceptable to the
Secretary. If the expert or consultant violates the agreement, the
money spent by the United States for these expenses is recoverable from
him as a debt due the United States. The Secretary may waive in whole
or in part a right of recovery under this subsection with respect to an
expert or consultant on assignment with the Secretary.".
Sec. 266. Section 321 (a)
// 42 USC 248 //
is amended by striking out ", and tobacco".
COMMISSION ON
DIGESTIVE DISEASES
Sec. 267. Section 301 (i) (1) of the Arthritis, Diabetes, and
Digestive Disease Amendments of 1976 // 42 USC 289a // (Public Law
94-562) is amended by striking out " Within eighteen months following
its initial meeting (as prescribed by subsection (d))," and inserting in
lieu thereof " Not later than February 1, 1979,".
ABUSERS
Sec. 268. (a) Section 2 (a) of the Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 // 42
USC 4541. // is amended--,
(1) by striking out "and" at the end of paragraph (5),
(2) by redesignating paragraph(6) as paragraph (7), and
(3) by inserting after paragraph (5) the following new
paragraph:
"(6) alcohol abuse and alcoholism have a substantial impact on
the families of alcohol abusers and alcoholics; and".
(b) Section 303 (a) (4) (B) of such Act
// 42 USC 4573. //
is amended by inserting "and for education, counseling, and treatment
of the families of alcoholic abusers and alcoholics" after "under the
age of eighteen".
(c) Section 501 (a) of such Act
// 42 USC 4585. //
is amended--,
(1) by striking out "of" each place it appears in paragraphs
(1) through (4) and inserting "of" before "alcohol abuse and
alcoholism";
(2) by striking out "and" at the end of paragraph (3) and
inserting "and" after the comma at the end of paragraph (4); and
(3) by inserting after paragraph (4) the following new
paragraph:
"(5) the impact on families,".
(d) Section 501 (b) (5) of such Act is amended by inserting "or those
of their families" after "individuals suffering from alcoholism or
alcohol abuse".
PROBLEMS IN
MEDICINE AND BIOMEDICAL AND BEHAVIORAL RESEARCH
Sec. 301. The Public Health Service Act is amended by adding after
title XVII the following new title:
" Sec. 1801.
// 42 USC 300v. //
(a) Establishment.--(1) There is established the President's
Commission for the Study of Ethical Problems in Medicine and Biomedical
and Behavioral Research (hereinafter in this title referred to as the '
Commission') which shall be composed of eleven members appointed by the
President. The members of the Commission shall be appointed as follows:
"(A) Three of the members shall be appointed from individuals
who are distinguished in biomedical or behavioral research.
"(B) Three of the members shall be appointed from individuals
who are distinguished in the practice of medicine or otherwise
distinguished in the provision of health care.
"(C) Five of the members shall be appointed from individuals
who are distinguished in one or more of the fields of ethics,
theology, law, the natural sciences (other than a biomedical or
behavioral science), the social sciences, the humanities, health
administration, government, and public affairs.
"(2) No individual who is a full-time officer or employee of the
United States may be appointed as a member of the Commission. The
Secretary of Health, Education, and Welfare, the Secretary of Defense,
the Director of Central Intelligence, the Director of the Office of
Science and Technology Policy, the Administrator of Veterans' Affairs,
and the Director of the National Science Foundation shall each designate
an individual to provide liaison with the Commission.
"(3) No individual may be appointed to serve as a member of the
Commission if the individual has served for two terms of four years each
as such a member.
"(4) A vacancy in the Commission shall be filled in the manner in
which the original appointment was made.
"(b) Terms.--(1) Except as provided in paragraphs (2) and (3),
members shall be appointed for terms of four years.
"(2) Of the members first appointed--,
"(A) four shall be appointed for terms of three years, and
"(B) three shall be appointed for terms of two years,
as designated by the President at the time of appointment.
"(3) Any member appointed to fill a vacancy occurring before the
expiration of the term for which his predecessor was appointed shall be
appointed only for the remainder of such ter. A member may serve after
the expiration of his term until his successor has taken office.
"(c) Chairman.--The Chairman of the Commission shall be appointed by
the President, by and with the advice and consent of the Senate, from
members of the Commission.
"(d) Meetings.--(1) Seven members of the Commission shall constitute
a quorum for business, but a lesser number may conduct hearings.
"(2) The Commission shall meet at the call of the Chairman or at the
call of a majority of its members.
"(e) Compensation.--(1) Members of the Commission shall each be
entitled to receive the daily equivalent of the annual rate of basic pay
in effect for grade GS--18 of the General Schedule // 5 USC 5332 // for
each day (including travel time) during which they are engaged in the
actual performance of duties vested in the Commission.
"(2) While away from their homes or regular places of business in the
performance of services for the Commission, members of the Commission
shall be allowed travel expenses, including per diem in lieu of
subsistence, in the same manner as persons employed intermittently in
the Government service are allowed expenses under section 5703 of title
5 of the United States Code.
" Sec. 1802. // 42 USC 300v-1. //
(a) Studies.--(1) The Commission shall undertake studies of the
ethical and legal implications of--,
"(A) the requirements for informed consent to participation in
research projects and to otherwise undergo medical procedures;
"(B) the matter of defining death, including the advisability
of developing a uniform definition of death;
"(C) voluntary testing, counseling, and information and
education programs with respect to genetic diseases and
conditions, taking into account the essential equality of all human
beings, born and unborn;
"(D) the differences in the availability of health services as
determined by the income or residence of the persons receiving the
services;
"(E) current procedures and mechanisms designed (i) to
safeguard the privacy of human subjects of behavioral and
biomedical research, (ii) to ensure the confidentiality of
individually identifiable patient records, and (iii) to ensure
appropriate access of
patients to information continued in such records, and
"(F) such other matters relating to medicine or biomedical or
behavioral research as the President may designate for study by
the Commission.
The Commission shall determine the priority and order of the studies
required under this paragraph.
"(2) The Commission may undertake an investigation or study of any
other appropriate matter which relates to medicine or biomedical or
behavioral research (including the protection of human subjects of
biomedical or behavioral research) and which is consistent with the
purposes of this title on its own initiative or at the request of the
head of a Federal agency.
"(3) In order to avoid duplication of effort, the Commission may, in
lieu of, or as part of, any study or investigation required or otherwise
conducted under this subsection, use a study or investigation conducted
by another entity if the Commission sets forth its reasons for such use.
"(4) Upon the completion of each investigation or study undertaken by
the Commission under this subsection (including a study or investigation
which merely uses another study or investigation), it shall report its
findings (including any recommendations for legislation or
administrative action) to the President and the Congress and to each
Federal agency to which a recommendation in the report applies.
"(b) Recommendations to Agencies.--(1) Within 60 days of the date a
Federal agency receives a recommendation from the Commission that the
agency take any action with respect to its rules, policies, guidelines,
or regulations, the agency shall publish such recommendation in the
Federal Register and shall provide opportunity for interested persons to
submit written data, views, and arguments with respect to adoption of
the recommendation.
"(2) Within the 180-day period beginning on the date of such
publication, the agency shall determine whether the action proposed by
such recommendation is appropriate, and, to the extent that it
determines that--,
"(A) such action is not appropriate, the agency shall, within
such time period, provide the Commission with, and publish in the
Federal Register, a notice of such determination (including an
adequate statement of the reasons for the determination), or
"(B) such action is appropriate, the agency shall undertake
such action as expeditiously as feasible and shall notify the
Commission of the determination and the action undertaken.
"(c) Report on Protection of Human Subjects.--The Commission shall
biennially report to the President, the Congress, and appropriate
Federal agencies on the protection of human subjects of biomedical and
behavioral research. Each such report shall include a review of the
adequacy and uniformity (1) of the rules, policies, guidelines, and
regulations of all Federal agencies regarding the protection of human
subjects of biomedical or behavioral research which such agencies
conduct or support, and (2) of the implementation of such rules,
policies, guidelines, and regulations by such agencies, and may include
such recommendations for legislation and administrative action as the
Commission deems appropriate.
"(d) Annual Report.--Not later than December 15 of each year
(beginning with 1979) the Commission shall report to the President, the
Congress, and appropriate Federal agencies on the activities of the
Commission during the fiscal year ending in such year. Each such report
shall include a complete list of all recommendations described in
subsection (b)(1) made to Federal agencies by the Commission during the
fiscal year and the actions taken, pursant to subsection (b)(2), by the
agencies upon such recommendations, and may include such recommendations
for legislation and administrative action as the Commission deems
appropriate.
"(e) Publications.--The Commission may at any time publish and
disseminate to the public reports respecting its activities.
"(b) Definitions.--For purposes of this section:
government
of the United States, but does not include (A) the
Congress,
(B) the courts of the United States, and (C) the
government of the Commonwealth of Puerto Rico, the
government
of the District of Columbia, or the government of any
territory
or possession of the United States.
protection
of the health, safety, and privacy of individuals.
" Sec. 1803. (a) Hearings.--The Commission may for the purpose of
carrying out this title // 42 USC 300v-2. // hold such hearings, sit
and act at such times and places, take such testimony, and receive such
evidence, as the Commission may deem advisable.
"(b) Staff.--(1) The Commission may appoint and fix the pay of such
staff personnel as it deems desirable. Such personnel shall be
appointed subject to the provisions of title 5, United States Code,
governing appointments in the competitive service, and shall be paid in
accorddance with the provisions of chapter 51 and subchapter III of
chapter 53 of such title // 5 USC 5332. // relating to classification
and General Schedule pay rates.
"(2) The Commission may procure temporary and intermittent services
to the same extent as is authorized by section 3109(b) of title 5 of the
United States Code, but at rates for individuals not to exceed the daily
equivalent of the annual rate of basic pay in effect for grade GS-18 of
the General Schedule.
"(3) Upon request of the Commission, the head of any Federal agency
is authorized to detail, on a reimbursable basis, any of the personnel
of such agency to the Commission to assist it in carrying out its duties
under this title.
"(c) Contracts.--The Commission, in performing its duties and
functions under this title, may enter into contracts with appropriate
public or nonprofit private entities. The authority of the Commission
to enter into such contracts is effective for any fiscal year only to
such extent or in such amounts as are provided in advance in
appropriation Acts.
"(d) Information.--(1) The Commission may secure directly from any
Federal agency information necessary to enable it to carry out this
title. Upon request of the Chairman of the Commission, the head of such
agency shall furnish such information to the Commission.
"(2) The Commission shall promptly arrange for such security
clearances for its members and appropriate staff as are necessary to
obtain access to classified information needed to carry out its duties
under this title.
"(3) The Commission shall not disclose any information reported to or
otherwise obtained by the Commission which is exempt from disclosure
under subsection (a) of section 552 of title 5, United States Code, by
reason of paragraphs (4) and (6) of subsection (b) of such section.
"(e) Support Services.--The Administrator of General Services shall
provide to the Commission on a reimbursable basis such administrative
support services as the Commission may request.
COMMISSION
" Sec. 1804. (a) Authorizations.--To carry out this title // 42 USC
300v-3. // there are authorized to be appropriated $5,000,000 for the
fiscal year ending September 30 1979, $5,000,000 for the fiscal year
ending September 30, 1980, $5,000,000 for the fiscal year ending
September 30, 1981, and $5,000,000 for the fiscal year ending September
30, 1982.
"(b) Federal Advisory Committee Act; Termination.--The Commission
shall be subject to the Federal Advisory Committee Act, // 5 USC App.
// except that, under section 14(a)(1)(B) of such Act, the Commission
shall terminate on December 31, 1982.".
Sec. 302. // 42 USC 300v // (a) The President shall initially appoint
members to the President's Commission for the Study of Ethical Problems
in Medicine and Biomedical and Behavioral Research (established under
the amendment made by section 301) not later than 90 days after the date
of the enactment of this title.
(b) Effective November 1, 1978, part A of title II of the National
Research Act, section 213 of such Act, // 42 USC 289l-1 // and
subsection (f) of section 217 of the Public Health Service Act // 42 USC
218. // are repealed.
Approved November 9, 1978.
LEGISLATIVE HISTORY:
HOUSE REPORT No. 95-1192 accompanying H.R. 12347 (Comm. on Interstate
and Foreign Commerce).
SENATE REPORT No. 95-838 (Comm. on Human Resources).
CONGRESSIONAL RECORD, Vol. 124 (1978):
June 26, considered and passed Senate.
Oct. 15, considered and passed House, amended; Senate
concurred in House
amendments.
PUBLIC LAW 95-621, 92 STAT, 3350, NATURAL GAS POLICY ACT OF 1978
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Sec. 101. Notwithstanding the provisions of section 514 of the
Tariff Act of 1930 (19 U.S.C. 1514) or any other provision of law, the
entries listed in section 102 of this title, covering certain musical
instruments, shall be liquidated or reliquidated and, if appropriate,
refund of duties made. Notwithstanding the provisions of General
Headnote 3 (e) of the Tariff Schedules of the United States (19 U.S.C.
1202) or any other provision of law, for purposes of the liquidations or
reliquidations authorized by this title, such entries shall be appraised
at invoice unit prices net, packed, and shall be subject to duty at the
applicable rates set forth in column 1 of such schedules.
Sec. 102. The entries referred to in the first section of this title
are as follows: Entry number: Date of entry
100284 July, 14, 1972.
100607 July 27, 1973.
101233 August 18, 1972.
101426 September 1, 1972.
101756 September 14, 1972.
102217 October 15, 1973.
102394 October 7, 1971.
102483 October 15, 1971.
102687 November 15, 1971.
102708 July 8, 1973.
102711 November 17, 1971.
102781 October 20, 1972.
103117 December 16, 1971.
103252 November 8, 1972.
103275 December 28, 1971.
103576 November 22, 1972.
103638 November 27, 1972.
104335 December 21, 1972.
104601 March 8, 1972.
104920 January 16, 1973.
105205 April 10, 1972.
105998 May 15, 1972.
105998 March 2, 1973.
106002 May 15, 1972.
106730 June 21, 1972.
106731 June 21, 1972.
106888 June 29, 1972.
103114 December 16, 1971.
108444 June 11, 1973.
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the " Natural Gas Policy
Act of 1978".
(b) Table of Contents.--,
Sec. 1. Short title; table of contents. Sec. 2. Definitions.
Sec. 101. Inflation adjustment; other general price ceiling rules.
Sec. 102. Ceiling price for new natural gas and certain natural gas
produced from the Outer Continental Shelf. Sec. 103. Celing price for
new, onshore production wells. Sec. 104. Ceiling price for sales of
natural gas dedicated to interstate commerce. Sec. 105. Ceiling price
for sales under existing intrastate contracts. Sec. 106. Ceiling price
for sales under rollover contracts. Sec. 107. Ceiling price for
high-cost natural gas. Sec. 108. Ceiling price for stripper well
natural gas. Sec. 109. Ceiling price for other categories of natural
gas. Sec. 110. Treatment of State severance taxes and certain
production-related costs.
Sec. 121. Elimination of price controls for certain natural gas sales.
Sec. 122. Standby price control authority. Sec. 123. Report to the
Congress.
Sec. 201. Industrial boiler fuel use. Sec. 202. Amendment expanding
application for other industrial uses. Sec. 203. Acquisition costs
subject to passthrough. Sec. 204. Method of passthrough. Sec. 205.
Local distribution company passthrough requirements. Sec. 206.
Exemptions. Sec. 207. Treatment of certain imports. Sec. 208. Alaska
natural gas.
Sec. 301. Declaration of Emergency. Sec. 302. Emergency purchase
authority. Sec. 303. Emergency allocation authority. Sec. 304.
Miscellaneous provisions.
Sec. 311. Authorization of certain sales and transportation. Sec. 312.
Assignment of contractual rights to receive surplus natural gas. Sec.
313. Effect of certain natural gas prices on indefinite price escalator
clauses. Sec. 314. Clauses prohibiting certain sales, transportation,
and commingling. Sec. 315. Contract duration; right of first refusal;
filing of contracts and agreements.
Sec. 401. Natural gas for essential agricultural uses. Sec. 402.
Natural gas for essential industrial process and feedstock uses. Sec.
403. Establishment and implementation of agricultural and industrial
priorities. Sec. 404. Limitation on revoking or amending certain
pre-1969 certificates of public convenience and necessity.
Sec. 501. General rulemaking authority. Sec. 502. Administrative
procedure. Sec. 503. Determinations for qualifying under certain
categories of natural gas. Sec. 504. Enforcement. Sec. 505.
Intervention. Sec. 506. Judicial review. Sec. 507. Congressional
review. Sec. 508. Technical amendment.
EFFECT ON
STATE LAWS
Sec. 601. Coordination with the Natural Gas Act. Sec. 602. Effect on
State laws.
SEC. 2. DEFINITIONS.
For purposes of this Act--,
(1) NATURAL GAS.-- The term "natural gas" means either natural
gas unmixed, or any mixture of natural and artificial gas.
(2) WELL.-- The term "well" means any well for the discovery or
production of natural gas, crude oil, or both.
(3) NEW WELL.-- The term "new well" means any well--,
February
19, 1977; or
the
deepest completion location of such well attained before
February 19, 1977.
(4) OLD WELL.-- The term "old well" means any well other than a
new well.
(5) MARKER WELL.--,
before April
20, 1977.
includes
any new well under paragraph (3) (B) if such well
qualifies
as a marker well under subparagraph (A) of this
paragraph.
(6) RESERVOIR.-- The term "reservoir" means any producible
natural accumulation of natural gas, crude oil, or both,
confined--,
characterized
by a single natural pressure system; or
(7) COMPLETION LOCATION.--,
January 1,
1970, and before April 20, 1977.
(8) PRORATION UNIT.-- The term "proration unit" means--,
State
or Federal agency having regulatory jurisdiction with
respect
to production from such reservoir, which will be
effectively
and efficiently drained by a single well;
Federal
agency having jurisdiction with respect to production
from the reservoir, to describe that portion of such
reservoir
which will be effectively and efficiently drained by a
single
well; or
law or
by any action of any State or Federal agency having
regulatory
jurisdiction with respect to production from such
reservoir,
any voluntary unit agreement or other comparable
arrangement applied, under locak custom or practice
within
the locale in which such reservoir is situated, for the
purpose
of describing the portion of a reservoir which may be
effectively
and efficiently drained by a single well.
(9) NEW LEASE.-- The term "new lease", when used with respect
to the Outer Continental Shelf, means a lease, entered into on or
after April 20, 1977, of submerged acreage.
(10) OLD LEASE.-- The term "old lease", when used with respect
to the Outer Continental Shelf, means any lease other than a new
lease.
(11) NEW CONTRACT.-- The term "new contract" means any
contract, entered into on or after the date of the enactment of
this Act, for the first sale of natural gas which was not
previously subject to an exisitng contract.
(12) ROLLOVER CONTRACT.-- The term "rollover contract" means
any contract, entered into on or after the date of the enactment
of this Act, for the first sale of natural gas that was previously
subject to an existing contract which expired at the end of a
fixed term (not including any extension thereof taking effect on
or after such date of enactment) specified by the provisions of
such existing contract,as such contract was in effect on the date
of the enactment of this Act, whether or not there is an identity
of parties or terms with those of such existing contract.
(13) EXISTING CONTRACT.-- The term "existing contract" means
any contract for the first sale of natural gas in effect on the
day before the date of the enactment of this Act.
(14) SUCCESSOR TO AN EXISTING CONTRACT.-- The term "successor
to an existing contract" means any contract, other than a rollover
contract, entered into on or after the date of the enactment of
this Act, for the first sale of natural gas which was previously
subject to an existing contract, whether or not there is an
identity of parties or terms with those of such existing contract.
(15) INTERSTATE PIPELINE.-- The term "interstate pipline" means
any person engaged in natural gas transportation subject to the
jurisdiction of the Commission under the Natural Gas Act.
(16) INTRASTATE PIPELINE.-- The term "intrastate pipeline"
means any person engaged in natural gas trasportation (not
including gathering) which is not subject to the jurisdiction of
the Commission under the Natural Gas Act (other than any such
pipline which is not subject to the jurisdiction of the Commission
solely by reason of section 1 (c) of the Natural Gas Act).
(17) LOCAL DISTRIBUTION COMPANY.-- The term "local distribution
company" means any person, other than any interstate pipeline or
any intrastate pipeline, engaged in the transportation, or local
distribution, of natural gas and the sale of natural gas for
ultimate consumption.
(18) COMMITTED OR DEDICATED TO INTERSTATE COMMERCE.--,
natural
gas, means--,
provision
of such Act.
other
than by means of any reversion of a leasehold interest),
if on May 31, 1978--,
(19) CERTIFICATED NATURAL GAS.-- The term "certificated natural
gas" means natural gas transported by any interstate pipeline in a
facility for which there is in effect a certificate issued under
section 7(c) of the Natural Gas Act. Such term does not include
natural gas sold to the user by the producer and transported
pursuant to a certificate which is specifically issued under
section 7 (c) of the Natural Gas Act for the transportation of
that natural gas, for such user unless such natural gas is used
for the generation of electricity.
(20) SALE.-- The term "sale" means any sale, exchange, or other
transfer for value.
(21) FIRST SALE.--,
Commission
as a first sale in order to prevent circumvention
of any maximum lawful price established under this
Act.
(iii),
or (iv) of subparagraph (A) shall not include the sale
of any
volume of natural gas by any interstate pipeline,
intrastate
pipeline, or local distribution company, or any
affiliate
thereof, unless such sale is attributable to volumes of
natural
gas produced by such interstate pipeline, intrastate
pipeline,
or local distribution company, or any affiliate thereof.
(22) DELIVER.-- The term "deliver" when used with respect to
any first sale of natural gas, means the physical delivery from
the seller; except that in the case of the sale of proven
reserves in place to any intrstate pipeline, any intrastate
pipeline, any local distribution company, or any user of such
natural gas, such term means the transfer of title to such
reserves.
(23) CERTIFICATE.-- The term "certificate", when used with
respect to the Natural Gas Act, means a certificate of public
convenience and necessity issued under such Act.
(24) COMMISSION.-- The term " Commission" means the Federal
Energy Regulatory Commission.
(25) FEDERAL AGENCY.-- The term " Federal agency" has the same
meaning as given such term in section 105 of title 5, United
States Code.
(26) PERSON.-- The term "person" includes the United States,
any State, and any political subdivision, agency, or
instrumentality of the foregoing.
(27) AFFILIATE.-- The term "affiliate", when used in rlation to
any person, means another person which controls, is controlled by,
or is under common control with, such person.
(28) ELECTRIC UTILITY.-- The term "electric utility" means any
person to the extent such person is engaged in the business of the
generation of electricity and sale, directly or indirectly, of
electricity to the public.
(29) MCF.-- The term " Mcf", when used with respect to natural
gas, means 1,000 cubic feet of natural gas measured at a pressure
of 14.73 pounds per square inch (absolute) and a temperature of 60
degrees Fahrenheit.
(30) BTU.-- The term " Btu" means British thermal unit.
(31) MONTH. The term "month" means a calendar month.
(32) MILE.-- The term "mile" means a statute mile of 5,280
feet.
(33) UNITED STATES.-- The term " United States" means the
several States and includes the Outer Continental Shelf.
(34) STATE.-- The term " State" means each of the several
States and the District of Columbia.
(35) OUTER CONTINENTAL SHELF.-- The term " Outer Continental
Shelf" has the sme meaning as such term has under section 2 (a) of
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 (a)).
(36) PRUDHOE BAY UNIT OF ALASKA.-- The term " Prudhoe Bay Unit
of Alaska" means the geographic area subject to the voluntary unit
agreement approved by the Commissioner of the Department of
Natural Resources of the State of Alaska on June 2, 1977, and
referred to as the "affected area" in Conservation Order No. 145
of the Alaska Oil and Gas Conservation Committee, Division of Oil
and Gas Conservation, Department of Natural Resources of the State
of Alaska, as such order was in effect on June 1, 1977, and
determined without regard to any adjustments in the description of
the affected area permitted to be made under such order.
(37) ANTITRUST LAWS.-- The term " Federal antitrust laws" means
the Sherman Act (15 U.S.C. 1 et seq.), the Clayton Act (15 U.S.C.
12, 13, 14 - 19, 20, 21, 22 - 27), the Federal Trade Commission
Act (15 U.S.C. 41 et seq.), sections 73 and 74 of the Wilson
Tariff Act (15 U.S.C. 8 - 9), and the Act of June 19. 1936,
chatper 592 (15 U.S.C. 13, 13a, 13b, and 21a).
Sec. 101. INFLATION ADJUSTMENT; OTHER GENERAL PRICE CEILING RULES.
(a) ANNUAL INFLATION ADJUSTMENT FACTOR.--,
(1) GENERAL RULE.-- For purposes of this title, the annual
inflation adjustment factor applicable for any month shall be the
sum of--,
percent
change in the GNP implicit price deflator; plus
(2) QUARTERLY PERCENT CHANGE IN THE GNP IMPLICIT PRICE
DEFLATOR.-- For purposes of paragraph (1)--,
respect to
any month, means the quarterly percent change in the
GNP
implicit price deflator, computed and published as an
annual
rate by the Department of Commerce, for the most
recent
calendar quarter for which such quarterly percent change
has been so published at least 8 days before the
beginning of
such month.
this
Act and for which a quarterly percent change in the
GNP
implicit price deflator has been published by the
Department
of Commerce as of such date of enactment, the
quarterly percent
change in the GNP implicit price deflator for the
calendar
quarter in which such month occurs shall be used in lieu
of the quarterly percent change in the GNP implicit
price
deflator for a preceding calendar quarter.
(3) GNP IMPLICIT PRICE DEFLATOR.-- For purposes of paragraph
(2)--,
deflator"
means, except as provided in subparagraph (B), the
preliminary
estimate of the implicit price deflator, seasonally
adjusted, for the gross national product, as computed
and
published by the Department of Commerce for the
calendar
quarter involved.
deflator
which has been so published before the date of the
enactment
of this Act, shall be used in lieu of the preliminary
estimate
of such implicit price deflator.
(b) RULES OF GENERAL APPLICATION.--,
(1) DEPTH.-- Except where otherwise provided, the depth of the
completion location of any well shall be the true vertical depth,
measured from the surface location of the well.
(2) COMMERCIAL QUANTITIES.-- In determining whether production
of natural gas has occurred in commercial quantities, quantities
of natural gas produced from a well and used for the testing of
such well or for other field uses which are production related
shall not be taken into account.
(3) COMPUTATION OF MONTHLY EQUIVALENT.-- For purposes of
computing any price under this title, the monthly equivalent of
any factor shall be the twelfth root of such factor.
(4) APPLICATION OF CEILING PRICES.-- The maximum lawful ceiling
prices under this title--,
United
States;
under
which the sale occurs; and
first
day of the first month beginning after the date of the
enactment
of this Act.
(5) SALES QUALIFYING UNDER MORE THAN ONE PROVISION.-- If any
natural gas qualifies under more than one provision of this title
providing for any maximum lawful price or for any exemption from
such a price with respect to any first sale of such natural gas,
the provision which could result in the highest price shall be
applicable.
(6) COMPUTATION AND PUBLICATION OF CEILING PRICES.-- The
Commission shall--,
the
monthly equivalent of the annual inflation adjustment
factor
for such month, and
Federal
Register.
(7) ROUNDING.-- Any maximum lawful price under this title shall
be computed to the nearest mill (rounding any fraction thereof
wich is one-half a mill or higher to the next highest mill).
(8) COMPUTATION OF INITIAL CEILING PRICES.-- In computing any
maximum lawful price under the provisions of this title for the
first month for which such provisions take effect, if the initial
maximum lawful price is established by reference to any month
before such month, such maximum lawful price shall be computed as
if such provisions had been in effect during each such prior
month.
(9) EFFECT ON CONTRACT PRICE.-- In the case of--,
the
applicable maximum lawful price under this title, or
subtitle
B of this title from the application of a maximum
lawful
price under this title,
such maximum lawful price, or such exemption from such a maximum
lawful price, shall not supersede or nullify the effectiveness of
the price established under such contract.
SEC. 102. CEILING PRICE FOR NEW NATURAL GAS AND CERTAIN NATURAL GAS
PRODUCED FROM THE OUTER CONTINENTAL SHELF.
(a) APPLICATION.-- The maximum lawful price computed under subsection
(b) shall apply to any first sale of natural gas delivered during any
month in the case of--,
(1) new natural gas; and
(2) natural gas produced from any old lease on the Outer
Continental Shelf and qualifying under subsection (d) for the new
natural gas ceiling price.
(b) MAXIMUM LAWFUL PRICE.-- The maximum lawful price under this
section for any month shall be--,
(1) $1.75 per million Btu's, in the case of April 1977; and
(2) in the case of any month thereafter, the maximum lawful
price, per million Btu's, prescribed under this subsection for the
preceding month multiplied by the monthly equivalent of a factor
equal to the sum of--,
(c) DEFINITION OF NEW NATURAL GAS.--,
(1) GENERAL RULE.-- For the purposes of this section, the term
"new natural gas" means each of the following categories of
natural gas:
accordance
with section 503 to be produced from a new lease on the
Outer Continental Shelf.
from
the Outer Continental Shelf) from--,
if--,
reservoir); and
reason
of the existence of production and delivery facilities
which were installed to carry out sales and deliveries
of
natural gas--,
(2) DETERMINATIONS OF DISTANCE.-- For purposes of determining
the distance from any new well to any marker well--,
measurement
shall be the horizontal distance from the surface
location of the new well to the surface location of the
marker
well--,
regulatory
jurisdiction over the drilling of such well; or
subparagraph
(A), the measurements shall be the horizontal distance
from--,
(3) DETERMINATION OF COMMERCIAL QUANTITIES.-- For purposes of
determining whether production of natural gas has occurred in
commercial quantities under paragraph (1) (C)--,
if natural
gas has not been sold and delivered from such reservoir
before April 20, 1977; and
not be
taken into account if such quantities were sold before
the date
of the enactment of this Act--,
Commission
under section 7 (c) of the Natural Gas Act.
(4) NEW WELLS WHICH ARE ALSO MARKER WELLS.-- For purposes of
applying paragraph (c) (1) (B) (ii) in the case of any marker well
which is also a new well under section 2 (3) (B), the reference in
such paragraph (c) (1) (B) (ii) to the deepest completion location
of any marker well shall be deemed to be a reference to any
subsurface location from which natural gas was produced in
commercial quantities after January 1, 1970, and before February
19, 1977.
(d) OCS GAS QUALIFYING FOR NEW NATURAL GAS CEILING PRICE.-- For
purposes of this section--,
(1) OCS RESERVOIRS DISCOVERED ON OR AFTER JULY 27, 1976.--
Natural gas determined in accordance with section 503 to be
produced from an old lease on the Outer Continental Shelf shall
qualify for the new natural gas ceiling price if such natural gas
is produced from a reservoir which was not discoverd before July
27, 1976.
(2) RESERVOIRS PENETRATED BEFORE JULY 27, 1976.--For purposes
of paragraph (1), a reservoir shall be considered as having been
discovered before July 27, 1976, if--,
producing
in paying quantities (within the meaning of such
Order);
formation
test indicates that, as of the time of such test, the
reservoir is commercially producible.
(3) EFFECT OF NEGATIVE PRODUCTION CAPABILITY TESTS.-- For
purposes of paragraph (1), a reservoir shall not be considered as
having been discovered before July 27, 1976, by the penetration of
such reservoir by a well before July 27, 1976, if, with respect to
such well--,
test fail
to demonstrate that, as of the time of such test, such
reservior
was capable of producing in paying quantities (within
the
meaning of such Order); and
requirements
of OCS Order No.4 does not exist or, if existing,
does
not demonstrate that, as of the date such evidence was
obtained, such reservoir was capable of producing in
paying
quantities (within the meaning of such Order)
(4) BURDEN OF PROOF.-- For purposes of paragraph (1), the
producer shall have the burden of showing that--,
was
performed and no evidence described in paragraph (2)
(B)
(ii) or (iii) exists; or
exists,
the results of such test or such evidence do not
provide the
applicable demonstration or indication specified under
paragraph (2).
(5) DEFINITION OF OCS ORDER NO. 4.--For purposes of this
subsection, the term " OCS Order No. 4" means the order numbered 4
of the Conservation Division, Geological Survey, Department of the
Interior, as approved by the Chief of the Conservation Division on
August 28, 1969.
(e) EXCLUSION OF CERTAIN ALASKA NATURAL GAS.-- The preceding
provisions of this section shall not apply to any natural gas produced
from the Prudhoe Bay Unit of Alaska and transported through the natural
gas transportation system approved under the Alaska Natural Gas
Transportation Act of 1976.
SEC. 103. CEILING PRICE FOR NEW, ONSHORE PRODUCTION WELLS.
(a) APPLICATION.-- In the case of natural gas determined in
accordance with section 503 to be produced from any new, onshore
production well, the maximum lawful price computed under subsection (b)
shall apply to any first sale of such natural gas delivered during any
month.
(b) MAXIMUM LAWFUL PRICE.--,
(1) GENERAL RULE.-- The maximum lawful price under this section
for any month shall be--,
and
paragraph
for the preceding month multiplied by the monthly
equivalent of the annual inflation adjustment factor
applicable
for such month.
(2) PRODUCTION AFTER 1984 FROM WELLS 5,000 FEET OR LESS IN
DEPTH.-- Effective beginning with the month of January 1985 and in
any month thereafter, in the case of any first sale of natural gas
which was not committed or dedicated to interstate commerce on
April 20, 1977, and which is produced from a new, onshore
production well from a completion location located at a depth of
5,000 feet or less, the maximum lawful price under this section
for any such natural gas delivered during any month shall be a
price which is midway between--,
natural
gas); and
(c) DEFINITION OF NEW, ONSHORE PRODUCTION WELL.-- For purposes of
this section, the term "new, onshore production well" means any new well
(other than a well located on the Outer Continental Shelf)--,
(1) the surface drilling of which began on or after February
19, 1977;
(2) which satisfies applicable Federal or State well-spacing
requirements, if any; and
(3) which is not within a proration unit--,
drilling
of such well began;
drilling of
which was begun before February 19, 1977, and which was
thereafter capable of producing natural gas in
commercial
quantities.
(d) EXCLUSION OF CERTAIN ALASKA NATURAL GAS.-- The preceding
provisions of this section shall not apply to any natural gas produced
from the Prudhoe Bay Unit of Alaska and transported through the natural
gas transportation system approved under the Alaska Natural Gas
Transportation Act of 1976.
SEC. 104. CEILING PRICE FOR SALES OF NATURAL GAS DEDICATED TO
INTERSTATE COMMERCE.
(a) APPLICATION.-- In the case of natural gas committed or dedicated
to interstate commerce on the day before the date of the enactment of
this Act and for which a just and reasonable rate under the Natural Gas
Act was in effect on such date for the first sale of such natural gas,
the maximum lawful price computed under subsection (b) shall apply to
any first sale of such natural gas delivered during any month.
(b) MAXIMUM LAWFUL PRICE.--,
(1) GENERAL RULE.-- The maximum lawful price under this section
for any month shall be the higher of--,
on
April 20, 1977, in the case of April 1977; and
subparagraph
for the preceding month multiplied by the monthly
equivalent of the annual inflation adjustment factor
applicable
for such month, or
the date
of the enactment of this Act and which is applicable
to such
natural gas.
(2) CEILING PRICES MAY BE INCREASED IF JUST AND REASONABLE.--
The Commission may, by rule or order, prescribe a maximum lawful
ceiling price, applicable to any first sale of any natural gas (or
category thereof, as determined by the Commission) otherwise
subject to the preceding provisions of this section, if such price
is--,
SEC. 105. CEILING PRICE FOR SALES UNDER EXISTING INTRASTATE
CONTRACTS.
(a) APPLICATION.-- The maximum lawful price computed under subsection
(b) shall apply to any first sale of natural gas delivered during any
month in the case of natural gas, sold under any existing contract or
any successor to an existing contract, which was not committed or
dedicated to interstate commerce on the day before the date of the
enactment of this Act.
(b) MAXIMUM LAWFUL PRICE.--,
(1) GENERAL RULE.-- Subject to paragraphs (2) and (3), the
maximum lawful price under this section shall be the lower of--,
enactment
of this Act, as such contract was in effect on such
date; or
(2) CONTRACT PRICE EXCEEDING NEW GAS CEILING PRICE ON
ENACTMENT.-- In the case of any natural gas described in
subsection (a) for which the contract price applicable on the date
of the enactment of this Act exceeds the maximum lawful price, per
million Btu's, computed for such date under section 102 (relating
to new natural gas), the maximum lawful price under this section
shall be the higher of--,
is enacted;
and
lawful
price, per million Btu's, prescribed under this
subparagraph
for the preceding month multiplied by the monthly
equivalent of the annual iflation adjustment factor
applicable
for such month.
(3) PRICE INCREASES RESULTING FROM INDEFINITE PRICE ESCALATOR
CLUSES.--,
month
thereafter, in the case of any first sale of natural
gas, which
is sold at a price established under any indefinite
price escalator
clause of any existing contract or successor to an
existing
contract and for which the contract price on
December 31,
1984, is higher than $1.00 per million Btu's, the
maximum
lawful price under this section for any such natural gas
delivered during any month shall be the higher of--,
CLAUSE.--,
For purposes of this paragraph, the term "indefinite
price
escalator clause" includes any provision of any
contract--,
gas,
for crude oil, or for refined petroleum products; or
contract
by negotiation between the parties.
DISREGARDED.--,
In the case of any natural gas which was subject
to any contract on May 3, 1978, that contained an
indefinite
price escalator clause on such date, no amendment to or
modification
of the operation of such contract made after such date
may have the effect of limiting or precluding the
application
of this paragraph on or after January 1, 1985, to
prices
allowed with respect to such natural gas.
section
108 (b)), high-cost natural gas (as defined in
section 107 (c)),
natural gas produced from a new, onshore production well
(as defined in section 103 (c)) from a completion
location
located at a depth of more than 5,000 feet, and,
beginning
July 1, 1987, or, if later, the date of expiration of
any price
controls reimposed under section 122, natural gas
produced
from any new, onshore production well (as defined in
section
103 (c)) from a completion location located at a depth
of
5,000 feet or less.
(c) DEFINITION OF CONTRACT PRICE.-- For purposes of this section, the
term "contract price", when used with respect to any specific date,
means--,
(1) the price paid, per million Btu's, under a contract for
deliveries of natural gas occurring on such date; or
(2) if no deliveries of natural gas occurred under such
contract on such date, the price, per million Btu's, that would
have been paid had such deliveries occurred on such date.
SEC. 106. CEILING PRICE FOR SALES UNDER ROLLOVER CONTRACTS.
(a) INTERSTATE ROLLOVER CONTRACTS.-- In the case of any first sale
under any rollover contract of natural gas which was committed or
dedicated to interstate commerce on the day before the date of the
enactment of this Act, the maximum lawful price under this subsection
for such natural gas delivered during any month shall be the higher
of--,
(1) (A) in the case of the month in which the effective date of
such rollover contract occurs, the just and reasonable rate, if
any, per million Btu's, established by the Commission and
applicable on such date to the natural gas subject to the expired
contract; and
(B) in the case of any month thereafter, the maximum lawful
price, per million Btu's, prescribed under this paragraph for the
preceding month multiplied by the monthly equivalent of the annual
inflation adjustment factor applicable for such month; or
(2) (A) $0.54 per million Btu's, in the case of April 1977;
and
(B) in the case of any month thereafter, the maximum lawful
price, per million Btu's, prescribed under this paragraph for the
preceding month multiplied by the monthly equivalent of the annual
inflation adjustment factor applicable for such month. For
purposes of this subsection, the term "rollover contract" includes
any contract which would have been a rollover contract but for the
fact that the expiration of the previous contract occurred prior
to the day before the date of the enactment of this Act.
(b) INTRASTATE ROLLOVER CONTRACTS.--,
(1) GENERAL RULE.-- In the case of any first sale under any
rollover contract of natural gas which was not committed or
dedicated to interstate commerce on the day before the date of the
enactment of this Act, the maximum lawful price under this
subsection for such natural gas delivered during any month shall
be the higher of--,
the
effective date of such rollover contract occurs; and
lawful
price, per million Btu's, prescribed under this
subparagraph
for the preceding month multiplied by the monthly
equivalent of the annual inflation adjustment factor
applicable
for such month; or
April 1977;
and
subparagraph
for the preceding month multiplied by the
monthly equivalent of the annual inflation adjustment
factor
applicable for such month.
(2) CERTAIN STATE OR INDIAN PRODUCTION OR ROYALTY SHARES.--,
any
rollover contract of natural gas which was not
committed or
dedicated to interstate commerce on the day before the
date
of the enactment of this Act and which constitutes a
State
government's or Indian tribe's natural gas production,
or
royalty share or other interest (as of such day) in
natural
gas production, from real property (including subsurface
mineral interests) owned on the date of the enactment
of this
Act by such State government or Indian tribe (as the
case
may be), the maximum lawful price under this subsection
for any such natural gas delivered during any month
shall
be the maximum lawful price, per million Btu's,
computed
for such month under section 102 (relating to new
natural
gas).
paragraph,
land shall be considered to be owned by an Indian
tribe only if--,
within
the boundaries of an Indian reservation (as such
boundaries
were in effect on the date of the enactment of this
Act).
provided
by the Secretary of the Interior to Indians.
(c) CEILING PRICES MAY BE INCREASED IF JUST AND REASONABLE.--, The
Commission may, by rule or order, prescribe a maximum lawful price,
applicable to any first sale of any natural gas (or category thereof, as
determined by the Commission) otherwise subject to the preceding
provisions of this section, if such price is--,
(1) higher than the maximum lawful price which would otherwise
be applicable under such provisions; and
(2) just and reasonable within the meaning of the Natural Gas
Act.
SEC. 107. CEILING PRICE FOR HIGH-COST NATURAL GAS.
(a) WELLS COMPLETED BELOW 15,000 FEET.-- In the case of any first
sale of high-cost natural gas produced from any well the surface
drilling of which began on or after February 19, 1977, if such
production is from any completion location which is located at a depth
of more than 15,000 feet, the maximum lawful price under this section
for such natural gas delivered during any month shall be the maximum
lawful price, per million Btu's, computed for such month under section
102 (relating to new natural gas).
(b) COMMISSION AUTHORITY TO PRESCRIBE HIGHER INCENTIVE PRICES.-- The
Commission may, by rule or order, prescribe a maximum lawful price,
applicable to any first sale of any high-cost natural gas, which exceeds
the otherwise applicable maximum lawful price to the extent that such
special price is necessary to provide reasonable incentives for the
production of such high-cost natural gas.
(c) DEFINITION OF HIGH-COST NATURAL GAS.-- For purposes of this
section, the term "high-cost natural gas" means natural gas determined
in accordance with section 503 to be--,
(1) produced from any well the surface drilling of which began
on or after February 19, 1977, if such production is from a
completion location which is located at a depth of more than
15,000 feet;
(2) produced from geopressured brine;
(3) occluded natural gas produced from coal seams;
(4) produced from Devonian shale; and
(5) produced under such other conditions as the Commission
determines to present extraordinary risks or costs.
(d) PROVISIONS FOR HIGH-COST NATURAL GAS TO BE ELECTIVE.-- If any
credit, exemption, deduction, or comparable adjustment applicable to the
computation of any Federal tax is specifically allowable with respect to
any high-cost natural gas (or category thereof) under any provision of
law enacted after the date of the enactment of this Act, the provisions
of subsections (a) and (b) of this section and the provisions of
subtitle B shall not apply to such natural gas produced from any well
unless an election to have such provisions apply (in lieu of such
credit, exemption, deduction, or adjustment) with respect to such
natural gas produced from such well is filed with the Commission on or
before the later of--,
(A) the 30th day after the date of the enactment of the Act
under which such credit, exemption, deduction, or adjustment is
provided; or
(B) tthe date the surface drilling of such well began.
SEC. 108. CEILING PRICE FOR STRIPPER WELL NATURAL GAS.
(a) GENERAL RULE.-- In the case of any first sale of stripper well
natural gas the maximum lawful price under this section for such natural
gas delivered during any month shall be--,
(1) $2.09 per million Btu's, in the case of May 1978; and
(2) in the case of any month thereafter, the maximum lawful
price, per million Btu's, prescribed under this subsection for the
preceding month multiplied by the monthly equivalent of a factor
equal to the sum of--,
April 20,
1981.
(b) DEFINITION OF STRIPPER WELL NATURAL GAS.--,
(1) GENERAL RULE.-- Except as provided in paragraph (2), the
term "stripper well natural gas" means natural gas determined in
accordance with section 503 to be nonassociated natural gas
produced during any month from a well if--,
did
not exceed an average of 60 Mcf per production day
during
such period; and
recognized
conservation practices designed to maximize the ultimate
recovery of natural gas.
(2) PRODUCTION IN EXCESS OF 60 MCF.-- The Commission shall, by
rule, provide that, if nonassociated natural gas produced from a
well which previously qualified as a stripper well under paragraph
(1) exceeds an average of 60 Mcf per production day during any
90-day production period, such natural gas may continue to qualify
as stripper well natural gas if the increase in nonassociated
natural gas produced from such well was the result of the
application of recognized enhanced recovery techniques.
(3) DEFINITIONS.-- For purposes of this subsection--,
requirement
of State law or a conservation practice recognized
or approved by the State agency having regulatory
jurisdiction
over the production of natural gas.
production
period" means any period of 90 consecutive calendar days
excluding any day during which natural gas is not
produced
for reasons other than voluntary action of any person
with
the right to control production of natural gas from
such well.
"nonassociated
natural gas" means natural gas which is not produced in
association with crude oil.
SEC. 109. CEILING PRICE FOR OTHER CATEGORIES OF NATURAL GAS.
(a) APPLICATION.-- The maximum lawful price computed under subsection
(b) shall apply to any first sale of any natural gas delivered during
any month, in the case of any natural gas which is not covered by any
maximum lawful price under any other section of this subtitle,
including--,
(1) natural gas produced from any new well not otherwise
qualifying for a higher maximum lawful price under this title;
(2) natural gas committed or dedicated to interstate commerce
on the day before the date of the enactment of this Act and for
which a just and reasonable rate under the Natural Gas Act was not
in effect on such date for the first sale of such natural gas;
(3) natural gas which was not committed or dedicated to
interstate commerce on the day before the date of the enactment of
this Act and which was not subject to an existing contract on such
day; and
(4) natural gas produced from the Prudhoe Bay Unit of Alaska
and transported through the natural gas transportation system
approved under the Alaska Natural Gas Transportation Act of 1976.
(b) MAXIMUM LAWFUL PRICE.--,
(1) The maximum lawful price under this section for any month
shall be--,
and
paragraph
for the preceding month multiplied by the monthly
equivalent of the annual inflation adustment factor
applicable
for such month.
(2) CEILING PRICES MAY BE INCREASED IF JUST AND REASONABLE.--,
The Commission may, by rule or order, prescribe a maximum lawful
ceiling price, applicable to any first sale of any natural gas (or
category thereof, as determined by the Commission) otherwise
subject to the preceding provisions of this section, if such price
is--,
SEC. 110. TREATMENT OF STATE SEVERANCE TAXES AND CERTAIN
PRODUCTION-RELATED COSTS.
(a) ALLOWANCE FOR STATE SEVERANCE TAXES AND CERTAIN
PRODUCTION-RELATED COSTS.-- Except as provided in subsection (b), a
price for the first sale of natural gas shall not be considered to
exceed the maximum lawful price applicable to the first sale of such
natural gas under this subtitle if such first sale price exceeds the
maximum lawful price to the extent necessary to recover--,
(1) State severance taxes attributable to the production of
such natural gas and borne by the seller, but only to the extent
the amount of such taxes does not exceed the limitation of
subsection (b); and
(2) any costs of compressing, gathering, processing, treating,
liquefying, or transporting such natural gas, or other similar
costs, borne by the seller and allowed for, by rule or order, by
the Commission.
(b) LIMITATION ON STATE SEVERANCE TAXES.-- The State severance tax
allowable under subsection (a) (1) with respect to the production of any
natural gas may not include any amount of State severance taxes borne by
the seller which results from a provision of State law enacted on or
after December 1, 1977, unless such provision of law is equally
applicable to natural gas produced in such State and delivered in
interstate commerce and to natural gas produced in such State and not so
delivered.
(c) DEFINITION OF STATE SEVERANCE TAX.-- For purposes of this
section, the term " State severance tax" means any severance,
production, or similar tax, fee, or other levy imposed on the production
of natural gas--,
(1) by any State or Indian tribe (as defined in section 106 (b)
(2) (B) (ii); and
(2) by any political subdivision of a State if the authority to
impose such tax, fee, or other levy is granted to such political
subdivision under State law.
SEC. 121. ELIMINATION OF PRICE CONTROLS FOR CERTAIN NATURAL GAS
SALES.
(a) GENERAL RULE.-- Subject to the reimposition of price controls as
provided in section 122, the provisions of subtitle A respecting the
maximum lawful price for the first sale of each of the following
categories. of natural gas shall, except as provided in subsections (d)
and (e), cease to apply effective January 1, 1985:
(1) NEW NATURAL GAS.-- New natural gas (as defined in section
102 (c)).
(2) NEW, ONSHORE PRODUCTION WELLS.-- Natural gas produced from
any new, onshore production well (as defined in section 103 (c)),
if such natural gas--,
(3) INTRASTATE CONTRACTS IN EXCESS OF $1.00.--Natural gas sold
under an existing contract, any successor to an existing contract,
or any rollover contract, if--,
enactment
of this Act; and
deliveries
occurred on such date, the price would have been paid
had
deliveries occurred on such date is higher than $1.00
per
million Btu's.
(b) HIGH- COST NATURAL GAS.-- Effective beginning on the effective
date of the incremental pricing rule required under section 201, the
provisions of subtitle A respecting the maximum lawful price for the
first sale of natural gas shall cease to apply to the first sale of
high-cost natural gas which is described in section 107(c) (1), (2),
(3), or (4).
(c) NATURAL GAS PRODUCED FROM 5,000 OR LESS.-- Effective beginning
July 1, 1987, or, if later, the date of expiration of any price controls
reimposed under section 122, the provisions of subtitle A respecting the
maximum lawful price for any first sale of natural gas shall, except as
provided in subsection (d), cease to apply to any first sale of natural
gas produced from any new, onshore production well (as defined in
section 103 (c)), if such natural gas--,
(1) was not committed or dedicated to interstate commerce on
April 20, 1977; and
(2) is produced from a completion location which is located at
a depth of 5,000 feet or less.
(d) EXCLUSION OF CERTAIN ALASKA NATURAL GAS.-- The provisions of
subsections (a) and (c) shall not apply to any natural gas produced from
the Prudhoe Bay Unit of Alaska and transported through the natural gas
transportation system approved under the Alaska Natural Gas
Transportation Act of 1976.
(e) LIMITATION ON INDEFINITE PRICE ESCALATORS.-- Natural gas which is
not subject to maximum lawful prices under subtitle A solely by reason
of subsection (a) (3) and which is sold under any existing contract or
successor to an existing contract at a price established under an
indefinite price escalator clause (as defined in section 105 (b) (3) (B)
shall be subject to the provisions of section 105 (b) (3).
SEC. 122. STANDBY PRICE CONTROL AUTHORITY.
(a) REIMPOSITION OF PRICE CONTROLS.-- The President, in accordance
with subsection (c) (1), or the Congress, in accordance with subsection
(c) (2), may reimpose maximum lawful prices for first sales of natural
gas to which section 121 (a) applies and delivery of which occurs after
the effective date of the reimposition of such maximum lawful prices.
(b) LIMITATIONS.-- A reimposition of maximum lawful prices under this
section--,
(1) may not take effect earlier than July 1, 1985, nor later
than June 30, 1987; and
(2) shall remain in effect for a period of 18 months.
(c) PROCEDURE FOR REIMPOSING PRICE CONTROLS.-- For purposes of this
section--,
(1) PRESIDENTIAL REIMPOSITION.-- Any exercise of authority by
the President under subsection (a) shall be by written order
issued after May 31, 1985, and, subject to subsection (b), shall
take effect for the first month beginning after the first 30
calendar days of continuous session of Congress (as determined in
accordance with section 507 (b)) after a copy of such order has
been submitted to each House of the Congress unless during such 30
calendar days of continuous session of Congress, the Congress
adopts a concurrent resolution of disapproval described in section
507 (c) (1).
(2) CONGRESSIONAL REIMPOSITION.-- Any exercise of authority by
the Congress under subsection (a) shall be by the adoption of a
concurrent resolution after May 31, 1985, described in section 507
(c) (2) and, subject to subsection (b), shall take effect for the
first month beginning after the date of the adoption of such
resolution.
(d) MAXIMUM LAWFUL PRICES APPLICABLE UNDER REIMPOSITION OF PRICE
CONTROL.-- If maximum lawful prices are reimposed under this section on
first sales of natural gas to which section 121 (a) applies, the maximum
lawful price under this section for any first sale of such natural gas
delivered during any month shall be--,
(1) except as provided in paragraph (2), the maximum lawful
price, per million Btu's, computed for such month under section
102 (relating to new natural gas); and
(2) the maximum lawful price, per million Btu's, computed for
such month under section 103 (b) (2) (relating to new, onshore
production wells 5,000 feet or less in depth), in the case of
natural gas produced from any new, onshore production well (as
defined in section 103 (c)) if such natural gas--,
located
at a depth of 5,000 feet or more.
(e) ALLOWANCE FOR STATE SEVERANCE TAXES AND CERTAIN
PRODUCTION-RELATED COSTS.-- A price may exceed the maximum lawful price
applicable for such natural gas under this section to the same extent as
is provided under section 110 with respect to maximum lawful prices
under subtitle A.
(f) LIMITATION.-- Maximum lawful prices may be reimposed only once
under this section. SEC. 123. REPORT TO THE CONGRESS.
(a) REPORTS.-- On or before July 1, 1984, and on or before January 1,
1985, the Department of Energy shall prepare and transmit to the
President and to each House of the Congress a report on natural gas
prices, supplies, and demand, and the competitive conditions and market
forces in the natural gas industry in the United States. Each such
report shall include an evaluation by the Department of Energy whether
equilibrium exists between supply and demand for natural gas.
(b) PUBLIC COMMENT.-- In preparing each report required under
subsection (a), the Department of Energy shall provide an opportunity
for public comment with respect to matters required under subsection (a)
to be included in such report.
SEC. 201. INDUSTRIAL BOILER FUEL USE.
(a) IN GENERAL.-- Not later than 12 months after the date of the
enactment of this Act, the Commission shall prescribe and make effective
(and may from time to time amend) a rule designed to provide for the
passthrough, in accordance with the provisions of this title, of the
costs of natural gas which are--,
(1) described in section 203; and
(2) incurred by any interstate pipeline.
(b) INITIAL APPLICATION.-- The requirements of the rule under this
section shall apply with respect to the boiler fuel use of natural gas
by any industrial boiler fuel facility.
(c) DEFINITIONS.-- For purposes of this section--,
(1) INDUSTRIAL BOILER FUEL FACILITY.-- The term "industrial
boiler fuel facility" means any industrial facility, as defined by
the Commission, which uses natural gas as a boiler fuel and which
is not exempt under section 206.
(2) BOILER FUEL USE.-- The term "boiler fuel use" means the use
of any fuel for the generation of steam or electricity.
SEC. 202. AMENDMENT EXPANDING APPLICATION FOR OTHER INDUSTRIAL USES.
(a) IN GENERAL.--,
(1) COMMISSION RULE.-- Not later than 18 months after the date
of the enactment of this Act, the Commission shall, by rule,
prescribe an amendment to the rule required under section 201
designed to provide for the passthrough, in accordance with the
provisions of this title, of the costs of natural gas which are--,
(2) EFFECTIVENESS.-- The amendment required by this section,
and any amendment to the rule under section 201 which is
applicable to facilities to which the amendment required by this
section applies (other than a technical or clerical amendment),
shall take effect only as provided under subsection (c).
(b) EXPANDED APPLICATION.-- The requirements of the rule under
section 201, as amended under subsection (a), shall apply with respect
to the industrial use of natural gas (as defined by the Commission in
such rule), including boiler fuel use of natural gas (as defined in
section 201 (C) (2)) by--,
(1) any industrial boiler fuel facility (as defined in section
201 (c) (1)); and
(2) any industrial facility which is within a category defined
by the Commission in such amendment as subject thereunder to the
requirements of such rule which is not exempt under section 206.
(c) CONGRESSIONAL REVIEW.--,
(1) IN GENERAL.-- Any amendment, the effectiveness of which is
subject to this subsection, shall take effect beginning with the
first month which begins more than 30 days after the first 30
calendar days of continuous session of Congress (determined in
accordance with section 507 (b) after a copy of such amendment has
been submitted to each House of the Congress or on such later
date, not more than 90 days thereafter, as may be provided in such
amendment unless, during such 30 day period of continuous session
of Congress, either House of the Congress adopts a resolution of
disapproval described in section 507 (c) (3) with respect to such
amendment.
(2) AUTHORITY IN THE EVENT OF CONGRESSIONAL DISAPPROVAL.--,
Congress
adopts a resolution of disapproval with respect to the
amendment required under subsection (a) (or any
amendment
proposed and submitted under this subparagraph), the
Commission may thereafter submit to each House of the
Congress
an amendment, satisfying the requirements of subsections
(a) and (b), which amendment shall take effect as
provided under paragraph (1).
SEC. 203. ACQUISITION COSTS SUBJECT TO PASSTHROUGH.
(a) IN GENERAL.-- The following costs shall be subject to the
passthrough requirements of the rule prescribed under section 201
(including any amendment under section 202):
(1) NEW NATURAL GAS.-- In the case of new natural gas (as
defined in section 102 (c)), any portion of the first sale
acquisition cost of such natural gas which exceeds the incremental
pricing threshold applicable for the month in which the delivery
of such natural gas occurs.
(2) NATURAL GAS UNDER INTRASTATE ROLLOVER CONTRACT.-- In the
case of natural gas, delivered under a rollover contract, which
was not committed or dedicated to interstate commerce on the day
before the date of the enactment of this Act, any portion of the
first sale acquisition cost of such natural gas which exceeds the
incremental pricing threshold applicable for the month in which
such delivery occurs.
(3) NEW, ONSHORE PRODUCTION WELL GAS.-- In the case of natural
gas produced from any new, onshore production well (as defined in
section 103 (c)), any portion of the first sale acquisition cost
of such natural gas which exceeds the incremental pricing
threshold applicable for the month in which the delivery of such
natural gas occurs.
(4) LNG IMPORTS.-- Subject to section 207, in the case of
liquefied natural gas imported into the United States, any portion
of the first sale acquisition cost of such natural gas (whether or
not liquefied when acquired) which exceeds the incremental pricing
threshold applicable for the month in which such liquefied natural
gas enters the United States.
(5) NATURAL GAS (OTHER THAN LNG) IMPORTS.-- Subject to section
207, in the case of natural gas (other than liquefied natural gas)
imported into the United States, any portion of the first sale
acquisition cost of such imported natural gas which exceeds the
maximum lawful price, per million Btu's, computed under section
102 (relating to new natural gas) for the month in which such
natural gas enters the United States, without regard to section
110.
(6) STRIPPER WELL NATURAL GAS.-- In the case of stripper well
natural gas (as defined in section 108 (b)), any portion of the
first sale acquisition cost of such natural gas which exceeds the
maximum lawful price, per million Btu's, computed under section
102 (relating to new natural gas) for the month in which the
delivery of such natural gas occurs, without regard to section
110.
(7) HIGH-COST NATURAL GAS.-- In the case of high-cost natural
gas (as defined in section 107 (c)), any portion of the first sale
acquisition cost of such natural gas which exceeds 130 percent of
the amount the Commission determines represents--,
area,
during an appropriate period preceding the month during
which delivery of such natural gas occurs; divided by
barrel.
(8) ALASKA NATURAL GAS TRANSPORTATION SYSTEM.-- In the case of
natural gas produced from the Prudhoe Bay Unit of Alaska and
transported through the natural gas trasportation system approved
under the Alaska Natural Gas Transportation Act of 1976--,
such natural
gas which is not described in subparagraph (B) and
which exceeds the maximum lawful price, per million
Btu's,
computed under section 109 (relating to other
categories of
natural gas) for the month in which delivery of such
natural
gas occurs, without regard to section 110; and
producer)
for, or attributable to, any compressing, gathering,
processing,
treating, liquefying, or transporting such natural gas,
or any similar service provided with respect to such
natural
gas, before the delivery of such natural gas to such
system.
(9) INCREASED STATE SEVERANCE TAXES.--,
increase in
the amount of State severance taxes (as defined in
section
110 (c)) which results from a provision of State law
enacted
on or after December 1, 1977.
increase in
State severance taxes resulting from a change in the
method
of computation of such tax by reason of any provision of
State law enacted on or after December 1, 1977, if--,
percentage
of the weighted average first sale price of natural gas
produced in such State, above the percentage of such
average first sale price which such tax constituted on
the
day before such effective date; and
price for
purposes of clause (i) shall be the price paid at the
first sale
which is used by such State in administering such tax
(or an
imputed value, if the State uses an event other than a
first
sale in administering such tax).
(10) PURCHASES UNDER SECTION 311.--In the case of any sale of
natural gas authorized under section 311, any portion of any
amount paid, per million Btu's, in the acquisition of such natural
gas in any such sale which exceeds the incremental pricing
threshold applicable for the month in which such acquisition
occurs.
(11) SURCHARGES PAID TO OTHER PIPELINES.-- The amount of any
surcharge (described in section 204 (c) (3)) paid by any
interstate pipeline for natural gas acquired by such pipeline from
another interstate pipeline.
(b) FIRST SALE ACQUISITION COSTS.--,
(1) GENERAL RULE.-- For purposes of this section, the first
sale acquisition cost of natural gas is--,
of
such natural gas, in the case of any natural gas
produced in
the United States and acquired in such first sale; and
Btu's,
at the point of entry to the United States, in the
case of
natural gas or liquefied natural gas imported into the
United
States.
Any amount of State severance taxes paid at any first sale shall
not be included under subparagraph (A) or (B).
(2) INTERSTATE PIPELINE PRODUCTION.-- For purposes of this
section, in the case of any natural gas produced by any interstate
pipeline or any affiliate of such pipeline, the first sale
acquisition cost of such natural gas shall be determined in
accordance with rules prescribed by the Commission.
(c) INCREMENTAL PRICING THRESHOLD.-- For purposes of this section,
the incremental pricing threshold applicable for any month shall be--,
(1) $1.48 per million Btu's, in the case of March 1978; and
(2) in the case of any month thereafter, the amount, per
million Btu's, determined under this subsection for the preceding
month multiplied by the monthly equivalent of the annual inflation
adjustment factor (ad defined in section 101 (a)) applicable for
such month.
(d) CLASSIFICATION TO BE BASED ON PROVISIONS UNDER WHICH SALE PRICE
IS DETERMINED.-- In the case of natural gas which is described in more
than one paragraph of paragraphs (1) through (8) of subsection (a), the
Commission shall, by rule, prescribe the method for determining under
which such paragraph the first sale acquisition costs of such natural
gas shall be subject to the passthrough requirements of this title,
based upon the classification of such natural gas under which the price
of such national gas is determined under title I.
SEC. 204. METHOD OF PASSTHROUGH.
(a) ESTABLISHMENT OF INCREMENTAL PRICING ACCOUNT.-- The rule required
under section 201 (including any amendment under section 202 to such
rule) shall provide that any interstate pipeline subject to such rule
shall establish and maintain an incremental pricing account (hereinafter
in this title referred to as the "account").
(b) CREDITS TO ACCOUNT.-- The rule required under section 201
(including any amendment under section 202 to such rule) shall provide
that any costs subject to the passthrough requirements of this title
under section 203 (and any carrying charges permitted by the Commission)
shall be credited to the account of such pipeline. Amounts so credited
may not be allocated to the rates and charges of such pipeline except to
the extent provided under this section.
(c) REQUIREMENT FOR DIRECT PASSTHROUGH.--,
(1) IN GENERAL.-- The rule required under section 201
(including any amendment under section 202 to such rule) shall be
designed to provide that any amounts in any interstate pipeline's
account will be passed through, in accordance with a method
prescribed under paragraph (2), by means of a surcharge determined
in accordance with a method prescribed under paragraph (3).
(2) SURCHARGE PASSTHROUGH.-- The rule required under section
201 (including any amendment under section 202) shall provide--,
any volume
of natural gas delivered, during the calendar period
involved, for industrial use to any incrementally
priced industrial
facilities served directly by such interstate pipeline
and
to incrementally priced industrial facilities served
indirectly
through any other interstate pipeline or any local
distribution
company.
(3) SURCHARGE.--,
subparagraphs
(B) and (C), the amount of any surcharge imposed
by any interstate pipeline under this subsection on
deliveries
of natural gas during the calendar period involved
shall be
based on the dollar amount in such pipeline's account
at the
beginning of such period and on the volume of natural
gas
delivered directly or indirectly by such pipeline
during such
period or a preceding calendar period to incrementally
priced
industrial facilities for industrial use with such
adjustments
as the Commission determines necessary to carry out the
purposes of this title.
(including any
amendment under section 201 (including any
amendment under section 202 to such rule) shall provide
one
or more methods which have the effect of eliminating or
reducing the amount of the surcharge determined under
subparagraph
(A) to be passed through under paragraph (2)
with respect to volumes of natural gas to be delivered
directly
or indirectly to any incrementally priced industrial
facility
for industrial use to the extent that such surcharge,
in the
absence of such elimination or reduction, would cause
the
rates and charges, per million Btu's, paid for such
volumes of
natural gas by that incrementally priced industrial
facility
to exceed the appropriate alternative fuel cost.
ADJUSTMENT
UNDER SUBPARAGRAPH (B).--The rule under section 201
(including any amendment under section 202 to such rule)
shall provide one or more methods by which, in any case
in
which the surcharge is eliminated or reduced under
subparagraph
(5) with respect to certain deliveries of natural gas,
the interstate pipeline involved may recover from
incrementally
priced industrial facilities which are not subject to
any
surcharge elimination or reduction under subparagraph
(B)
the dollar amount which would have been so passed
through
if the elimination or reduction under subparagraph (B)
had
not occurred.
subparagraphs
(B) and (C) need not require--,
impracticable
or unnecessary to carry out the purposes of this title.
(4) LOCAL DISTRIBUTION COMPANY DIRECT PURCHASES.-- In any case
in which a local distribution company directly incurs any first
sale acquisition cost subject to the passthrough requirements of
this title under section 203 or otherwise directly incurs any
other cost subject to such requirements under sections 203 (a) (8)
(B), (9), or (10), such local distribution company shall, with
respect to the natural gas involved, be treated for purposes of
this title as if it were an interstate pipeline.
(5) PIPELINES AND LOCAL DISTRIBUTION COMPANIES WITH MORE THAN
ONE SOURCE OF NATURAL GAS.-- The rule under section 201 (including
any amendment under section 202 to such rule) shall prescribe one
or more methods for determining, for purposes of paragraph (2) (B)
and paragraph (3) (A), the volume of natural gas delivered
indirectly by any interstate pipeline to any incrementally priced
industrial facility through any other interstate pipeline or local
distribution company for purposes of applying subsection (d) (2).
(d) DEDUCTIONS FROM ACCOUNT.--,
(1) IN GENERAL.-- Amounts passed through by any interstate
pipeline by means of any surcharge under this section shall be
deducted from such pipeline's account.
(2) NORMAL ALLOCATION TO OCCUR WHERE BTU EQUIVALENCY IS REACHED
FOR ALL FACILITIES SERVED BY A PIPELINE.-- In any case in which
the rates and charges to incrementally priced industrial
facilities for natural gas delivered, directly or indirectly, by
any interstate pipeline for industrial use to incrementally priced
industrial facilities subject to the rule required under section
201 (including any amendment under section 202 to such rule), are
not less than the appropriate alternative fuel cost, such rule
shall prescribe one or more methods by which amounts in excess of
that reasonably necessary to maintain such rates and charges
applicable to such industrial facilities at the appropriate
alternative fuel cost may be deducted from such pipeline's account
and may be allocated to the rates and charges of such interstate
pipeline in any manner which would be permitted in the absence of
this title.
(e) DETERMINATION OF ALTERNATIVE FUEL COST.--,
(1) IN GENERAL.-- Except as provided in paragraph (2), the
appropriate alternative fuel cost for any region (as designated by
the Commission) shall be the price, per million Btu's, for Number
2 fuel oil determined by the Commission to be paid in such region
by industrial users of such fuel.
(2) REDUCTION OF APPROPRIATE ALTERNATIVE FUEL COST ALLOWED.--
The Commission may, by rule or order, reduce the appropriate
alternative fuel cost--,
section 201
(including any amendment under section 202 to such rule)
located within any region and served by the same
interstate
pipeline; or
facility
which is subject to such requirements and which is
located in any region;
to an amount not lower than the price, per million
Btu's, for
Number 6 fuel oil determined by the Commission to be
paid in
such region by industrial users of such fuel, if and to
the extent
the Commission determines, after an opportunity for
written
and oral presentation of views, data, and arguments,
that such
reduction is necessary to prevent increases in the
rates and charges
to residential, small commercial, and other
high-priority users of
natural gas which would result from a reallocation of
costs caused
by the conversion of such industrial facility or
facilities from
natural gas to other fuels, which conversion is likely
to occur if
the level of the appropriate alternative fuel cost were
not so
reduced.
(f) DETERMINATION OF APPROPRIATE ACCOUNTING PERIOD.-- The rule
required to be prescribed in section 201 shall specify the appropriate
calendar periods used for purposes of such rule (including any amendment
under section 202 to such rule).
(g) INCREMENTALLY PRICED INDUSTRIAL FACILITY DEFINED.-- For purposes
of this section, the term "incrementally priced industrial facility"
means any industrial facility subject to the requirements of the rule
under section 201 (including any amendment under section 202 to such
rule).
(h) INDUSTRIAL USE DEFINED.-- For purposes of this section, the term
"industrial use", when used with respect to natural gas, means the
boiler fuel use of natural gas (as defined in section 201 (c) (2)) and
any other use defined, by rule, by the Commission as an industrial use.
SEC. 205. LOCAL DISTRIBUTION COMPANY PASSTHROUGH REQUIREMENTS.
(a) GENERAL RULE.-- Any surcharge under this title, paid by any local
distribution company with respect to natural gas which is indirectly
delivered by any interstate pipeline to incrementally priced industrial
facilities which are served by such local distribution company, shall be
directly passed through to such industrial facilities.
(b) PROHIBITION ON OFFSETTING MODIFICATIONS IN RATES AND CHARGES.--
Any modification of the method of allocating costs to the rates and
charges of such local distribution company in effect on the date of the
enactment of this Act is prohibited if a court, in any action brought
under section 504 (b) (3), determines that such modification has the
effect of creating any offset, in the rates and charges for natural gas
applicable to any incrementally priced industrial facility served by
such company, for the amount of any surcharge under this title paid by
such local distribution company with respect to natural gas delivered by
any interstate pipeline indirectly to that incrementally priced
industrial facility.
(c) SPECIAL ENFORCEMENT AUTHORITY OF ATTORNEY GENERAL.--, In addition
to such enforcement authority as may be available to the Commission or
any person, the Attorney General may enforce the requirements of this
subsection in accordance with the provisions of section 504 (b) (3).
(d) PREEMPTION OF STATE OR LOCAL LAW.-- The requirements of this
title shall preempt and supersede any provision of State of local law to
the extent such provision of law would preclude the passthrough of any
surcharge under this title or prevent the application of the
requirements of this section.
(e) STATE COMMISSION DEFINED.-- For the purposes of this subsection,
the term " State commission" means the State, political subdivision, or
an agency of either, having jurisdiction with respect to the rates and
charges of any local distribution company.
SEC. 206. EXEMPTIONS.
(a) SMALL EXISTING INDUSTRIAL BOILER FUEL USERS.--,
(1) INTERIM EXEMPTION.-- During the period preceding the
effective date of any permanent exemption under paragraph (2), the
rule required under section 201 shall not apply with respect to
any boiler fuel use of natural gas by any industrial boiler fuel
facility in existence on the date of the enactment of this Act if
such use of natural gas by such facility does not exceed an
average of 300 Mcf per day during any month of a base period
determined appropriate by the Commission.
(2) PERMANENT EXEMPTION.--,
shall
prescribe and make effective a rule providing for the
exemption
of any small industrial boiler fuel facility from the
rule required under section 201 (including any amendment
under section 202 to such rule).
industrial
boiler fuel facility in existence on the date of the
enactment
of this Act that had an average per day use of natural
gas as a boiler fuel during the month of peak use during
calendar year 1977 which did not exceed the lesser of--,
which
are exempted under this paragraph does not exceed
5 percent of the total volume of natural gas estimated
by the Commission to have been used for boiler fuel
transported by interstate pipelines and used during
calendar
year 1977 as a boiler fuel.
(b) AGRICULTURAL USERS OF NATURAL GAS.--,
(1) INTERIM EXEMPTION.-- During the period preceding the
effective date of any permanent exemption under paragraph (2), the
rule prescribed under section 201 shall not apply to any facility
to the extent of any agricultural use of natural gas.
(2) EXEMPTION BY RULE.-- Not later than 18 months after the
date of the enactment of this Act, the Commission shall prescribe
and make effective a rule providing for the exemption from the
rule required under section 201 (including any amendment under
section 202 to such rule) any facility with respect to any
agricultural use of natural gas for which the Commission
determines that an alternative fuel or feedstock is not--,
(3) AGRICULTURAL USE DEFINED.-- For purposes of this
subsection, the term "agricultural use", when used with respect to
natural gas, means the use of natural gas to the extent such use
is--,
maintenance,
irrigation pumping, or crop drying; or
food.
(c) SCHOOLS, HOSPITALS, AND CERTAIN OTHER FACILITIES.-- The rule
under section 201 (including any amendment to such rule under section
202) shall not apply to--,
(1) any school, hospital, or other similar institution;
(2) the generation of electricity by any electric utility; or
(3) to the extent provided by the Commission by rule, any
qualifying cogenerator (as defined in section 3 (18) (B) of the
Federal Power Act, as amended by the Public Utility Regulatory
Policies Act of 1978).
(d) OTHER EXEMPTIONS.--,
(1) IN GENERAL.-- The Commission may, by rule or order, provide
for the exemption, in whole or in part, of any other incrementally
priced industrial facility or category thereof from the rule
prescribed under section 201 (including any amendment under
section 202 to such rule).
(2) CONGRESSIONAL REVIEW.-- Any rule which provides for any
exemption under this subsection may take effect after the
expiration of the first 30 calendar days of continuous session of
Congress (determined in accordance with section 507 (b)) after a
copy of such rule has been submitted to each House of the
Congress, unless, during such 30 day period of continuous session
of Congress, either House of the Congress adopts a resolution of
disapproval described in section 507 (c) (3), with respect to such
rule.
SEC. 207. TREATMENT OF CERTAIN IMPORTS.
(a) CERTAIN LNG IMPORTS.-- Except to the extent of a determination
otherwise under subsection (c) (1), the provisions of section 203 (a)
(4) shall not apply to the passthrough of the first sale acquisition
costs of liquefied natural gas (or natural gas vaporized from liquefied
natural gas) imported into the United States if--,
(1) the importation of such liquefied natural gas has been
authorized under section 3 of the Natural Gas Act on or before May
1, 1978;
(2) an application for such authority was pending under such
section on such date; or
(3) in connection with the granting of any authority under the
Natural Gas Act to import such liquefied natural gas, the
Secretary of the Department of Energy or the Commission, in
accordance with the Department of Energy Organization Act (or any
delegation or assignment thereunder), determines that a contract
binding on the importer or other substantial financial commitment
of the importer has been made on or before such date.
(b) CERTAIN NATURAL GAS IMPORTS (OTHER THAN LNG).-- Subject to
subsection (c) (2), the provisions of section 203 (a) (5) shall only
apply to the passthrough of the first sale acquisition cost of volumes
of natural gas (other than liquefied natural gas) imported into the
United States which exceeds both--,
(1) the maximum delivery obligations, for the month in which
such delivery of such natural gas occurs, which is specified in
contracts entered into on or before May 1, 1978, and in effect
when such delivery occurs; and
(2) the volume of natural gas imported into the United States
by the interstate pipeline involved during any corresponding
period (determined appropriate by the Commission) of calendar year
1977.
(c) Authority With Respect To Incremental Pricing Of Natural Gas or
LNG Imports.--
(1) LNG Imports.--Subsection (a) (2) and (3) shall not apply
with respect to any liquefied natural gas imports if, in
connection with the granting of any authority under the Natural
Gas Act to import such liquefied natural gas, the Secretary of the
Department of Energy or the Commission, in accordance with the
assignment of functions under the Department of Energy
Organization Act, determines that the provisions of section 203
(a) (4) shall apply with respect to such liquefied natural gas
imports.
(2) Natural Gas Imports (Other Than LNG).-- The provisions of
section 203 (a) (5) shall apply to the passthrough of the first
sale acquisition costs of volumes of natural gas (other than
liquefied natural gas) imported into the United States which
exceed the volume of natural gas imported into the United States
by the interstate pipeline involved during any corresponding
period (determined appropriate by the Commission) of calendar year
1977 if, in connection with the granting of any authority under
the Natural Gas Act to import such natural gas, the Secretary of
the Department of Energy or the Commission, in accordance with the
assignment of functions under the Department of Energy
Organization Act, determines that the provisions of section 203
(a) (5) shall apply with respect to such natural gas imports.
SEC. 208. ALASKA NATURAL GAS.
In the case of natural gas produced from the Prudhoe Bay Unit of
Alaska and transported through the natural gas transportation system
approved under the Alaska Natural Gas Transportation Act of 1976--
(1) any portion of the first sale acquisition cost of such
natural gas incurred by any interstate pipeline which is not
required to be incrementally priced under this title, and
(2) any amount incurred by any interstate pipeline, for
transportation of such natural gas after delivery of such natural
gas to such system,
shall be allocated to the rates and charges of such interstate pipeline
in accordance with the general principles applicable on the date of the
enactment of this Act for establishing rates in connection with the
issuing of certificates under the Natural Gas Act for interstate
pipelines.
SEC. 301. DECLARATION OF EMERGENCY.
(a) Presidental Declaration.--The President may declare a natural gas
supply emergency (or extend a previously declared emergency) if he finds
that--
(1) a severe natural gas shortage, endangering the supply of
natural gas for high-priority uses, exists or is imminent in the
United States or in any region thereof; and
(2) the exercise of authorities under section 302 or section
303 is reasonably necessary, having exhausted other alternatives
to the maximum extent practicable, to assist in meeting natural
gas requirements for such high-priority uses.
(b) LIMITATION.--
(1) EXPIRATION.-- Any declaration of a natural gas supply
emergency (or extension thereof) under subsection (a), shall
terminate at the earlier of--
shortage
described in subsection (a) does not exist or is not
imminent;
or
emergency
(or extension thereof).
(2) EXTENSIONS.-- Nothing in this subsection shall prohibit the
President from extending, under subsection (a), any emergency (or
extension thereof), previously declared under subsection (a), upon
the expiration of such declaration of emergency (or extension
thereof) under paragraph (1) (B).
SEC. 302. EMERGENCY PURCHASE AUTHORITY.
(a) PRESIDENTIAL AUTHORIZATION.-- During any natural gas supply
emergency declared under section 301, the President may, by rule or
order, authorize any interstate pipeline or local distribution company
served by any interstate pipeline to contract, upon such terms and
conditions as the President determines to be appropriate (including
provisions respecting fair and equitable prices), for the purchase of
emergency supplies of natural gas--
(1) from any producer of natural gas (other than a producer who
is affiliated with the purchaser, as determined by the President)
if--
Continental
Shelf; and
Gas Act
immediately before the date on which such contract was
entered into; or
(2) from any intrastate pipeline, local distribution company,
or other person (other than an interstate pipeline or a producer
of natural gas).
(b) CONTRACT DURATION.-- The duration of any contract authorized
under subsection (a) may not exceed 4 months. The preceding sentence
shall not prohibit the President from authorizing under subsection (a) a
renewal of any contract, previously authorized under such subsection,
following the expiration of such contract.
(c) RELATED TRANSPORTATION AND FACILITIES.-- The President may, by
order, require any pipeline to transport natural gas, and to construct
and operate such facilities for the transportation of natural gas, as he
determines necessary to carry out any contract authorized under
subsection (a). The costs of any construction or transportation ordered
under this subsection shall be paid by the purchaser of natural gas
under the contract with respect to which such order is issued. No order
to transport natural gas under this subsection shall require any
pipeline to transport natural gas in excess of such pipeline's available
capacity.
(d) MAINTENANCE OF ADEQUATE RECORDS.-- The Commission shall require
any interstate pipeline or local distribution company contracting under
the authority of this section for natural gas to maintain and make
available full and adequate records concerning transactions under this
section, including records of the volumes of natural gas purchased under
the authority of this section and the rates and charges for purchase and
receipt of such natural gas.
(e) SPECIAL LIMITATION.-- No sale under any emergency purchase
contract under this section for emergency supplies of natural gas for
sale and delivery from any intrastate pipeline which is operating under
court supervision as of January 1, 1977, may take effect unless the
court approves.
SEC. 303. EMERGENCY ALLOCATION AUTHORITY.
(a) IN GENERAL.-- In order to assist in meeting natural gas
requirements for high-priority uses of natural gas during any natural
gas supply emergency declared under section 301, the President may, by
order, allocate supplies of natural gas under subsections (b), (c), and
(d) to--
(1) any interstate pipeline;
(2) any local distribution company--
assist
in meeting natural gas requirements for high-priority
uses of
natural gas; and
(3) any person for meeting requirements of high-priority uses
of natural gas.
(b) ALLOCATION OF CERTAIN BOILER FUEL GAS.--
(1) REQUIRED FINDING.-- The President shall not allocate
supplies of natural gas under this subsection unless he finds
that--
uses
of natural gas;
requirements
for such high-priority uses;
requirements
for such high-priority uses; and
of
all deliveries of natural gas for other than
high-priority
uses and attempted to to the maximum extent practicable
to
terminate such deliveries.
(2) ALLOCATION AUTHORITY.-- Subject to paragraph (1), in order
to assist in meeting natural gas requirements for high- priority
uses of natural gas, the President may, by order, allocate
supplies of natural gas the use of which has been prohibited by
the President pursuant to authority under section 607 of the
Public Utility Regulatory Policies Act of 1978 (relating to the
use of natural gas as a boiler fuel during any natural gas supply
emergency).
(c) ALLOCATION OF GENERAL PIPELINE SUPPLY.--
(1) REQUIRED FINDINGS.-- The President shall not allocate
supplies of natural gas under this subsection unless he finds
that--
supplies
of natural gas under subsection (b) has been utilized to
assist in meeting natural gas requirements for
high-priority
uses of natural gas;
satisfy
the natural gas requirements for such high-priority
uses;
reasonably
necessary to assist in meeting natural gas requirements
for such high-priority uses;
of all
deliveries of natural gas for other than high-priority
uses and
attempted to the maximum extent practicable to terminate
such deliveries;
pipeline
delivering certificated natural gas, a supply shortage
which will cause such pipeline to be unable to meet the
natural
gas requirements for high-priority uses of natural gas
served,
directly or indirectly, by such pipeline; and
natural gas
being experienced by such interstate pipeline when
compared
to deliveries and resulting curtailments which are
experienced
as a result of orders issued under this subsection
applicable
to other interstate pipelines (as determined by the
President).
(2) REQUIRED NOTIFICATION FROM STATE.--
supplies
of natural gas under this subsection unless he is
notified
by the Governor of any State that--
inadequate
to protect high-priority uses of natural gas in such
State from an interruption in natural gas supplies.
(3) BASIS OF FINDING.-- To the maximum extent practicable, the
Governor shall submit, together with any notification under
subparagraph (A), information upon which he has based his finding
under such subparagraph, including--
in
such State;
natural
gas in such State as to the volumes of natural gas
supplies
available to such State;
and
(4) ALLOCATION AUTHORITY.-- Subject to paragraphs (1), (2), and
(5), in order to assist in meeting natural gas requirements for
high-priority uses of natural gas, the President may, by order,
allocate supplies of certificated natural gas from any interstate
pipeline.
(5) CONSIDERATION OF ALTERNATIVE FUEL AVAILABILITY.-- In
issuing any order under this subsection the President shall
consider the relative availability of alternative fuel to natural
gas users supplied by the interstate pipeline ordered to make
deliveries pursuant to this subsection.
(d) ALLOCATION OF USER- OWNED GAS.--
(1) REQUIRED FINDING.-- The President shall not allocate
supplies of natural gas under this subsection unless he finds
that--
supplies
of natural gas under subsection (c) has been utilized to
assist in meeting natural gas requirements for
high-priority
uses of natural gas;
satisfy
the natural gas requirements for such high-priority
uses;
reasonably
necessary to assist in meeting natural gas requirements
for such high-priority uses;
of all
deliveries of natural gas for other than high-priority
uses and
attempted to the maximum extent practicable to terminate
such deliveries; and
satisfy
such person's natural gas requirements for
high-priority uses.
(2) ALLOCATION AUTHORITY.-- Subject to paragraphs (1) and (3),
in order to assist in meeting natural gas requirements for
high-priority uses of natural gas, the President may, by order,
allocate supplies of natural gas which would be certificated
natural gas but for the second sentence of section 2 (19).
(3) Consideration Of Economic Feasibility Of Alternative
Fuels.--In issuing any order under this subsection, the President
shall consider the economic feasibility of alternative fuels
available to the user which owned the natural gas subject to an
order under this subsection.
(e) LIMITATION.-- No order may be issued under this section unless
the President determines that such order will not require transportation
of natural gas by any pipeline in excess of its available transportation
capacity.
(f) Industry Assistance.--The President may request that
representatives of pipelines, local distribution companies, and other
pesons meet and provide assistance to the President in carrying out his
authority under this section.
(g) COMPENSATION.--
(1) IN GENERAL.-- If the parties to any order issued under
subsection (b), (c), (d), or (h) fail to agree upon the terms of
compensation for natural gas deliveries or transportation required
pursuant to such order, the President, after a hearing held either
before or after such order takes effect, shall, by supplemental
order, prescribe the amount of compensation to be paid for such
deliveries or transportation and for any other expenses incurred
in delivering or transporting natural gas.
FUEL NATURAL GAS.-- For purposes of any supplemental order under
paragraph (1) with respect to emergency deliveries pursuant to
subsection (b), the President shall calculate the amount of
compensation--
prohibition
order, but in no event may such compensation exceed just
compensation prescribed in section 607 of the Public
Utility
Regulatory Policies Act of 1978; and
services,
based upon reasonable costs, as determined by the
President.
(3) COMPENSATION FOR OTHER NATURAL GAS ALLOCATED.-- For the
purpose of any supplemental order under paragraph (1), if the
party making emergency deliveries pursuant to subsection (c) or
(d)--
provided
as expeditiously as practicable;
President
determines that, notwithstanding paragraph (A) of this
subsection, any portion thereof cannot practicably be
compensated
in kind, the President shall calculate the amount
of compensation--
subsection
(c), or to make the user from whom natural gas is
allocated whole, in the case of any order under
subsection
(d), including any amount actually paid by such
pipeline and its local distribution companies or such
user
for volumes of natural gas or higher cost synthetic gas
acquired to replace natural gas subject to an order
under
subsection (c) or (d); and
pipeline under this subsection shall be credited to the
account of any local distribution company served by that
pipeline to the extent ordered by the President to make
such local distribution company whole.
(h) RELATED TRANSPORTATION AND FACILITIES.-- The President may, by
order, require any pipeline to transport natural gas, and to construct
and operate such facilities for the transportation of natural gas, as he
determines necessary to carry out any order under subsection (b), (c),
or (d). Compensation for the costs of any construction or
transportation ordered under this subsection shall be determined under
subsection (g) and shall be paid by the person to whom supplies of
natural gas are ordered allocated under this section.
(i) MONITORING.-- In order to effect the purposes of this subtitle,
the President shall monitor the operation of any order made pursuant to
this section to assure that natural gas delivered pursuant to this
section is applied to high-priority uses only.
(j) COMMISSION STUDY.-- Not later than June 1, 1979, the Commission
shall prepare and submit to the Congress a report regarding whether
authority, to allocate natural gas, which is not otherwise subject to
allocation under this subtitle, is likely to be necessary to meet
high-priority uses.
(k) DEFINITION OF HIGH- PRIORITY USE.-- For purposes of this section,
the term "high-priority use" means any--
(1) use of natural gas in a residence;
(2) use of natural gas in a commercial establishment in amounts
less than 50 Mcf on a peak day; or
(3) any use of natural gas the curtailment of which the
President determines would endanger life, health, or maintenance
of physical property.
SEC. 304. MISCELLANEOUS PROVISIONS.
(a) Information.--
(1) OBTAINING OF INFORMATION.-- In order to obtain information
to carry out his authority under this subtitle, the President
may--
testimony
of witnesses and the production of books, records,
papers, and other documents;
submit
answers in writing to interrogatories, requests for
reports
or for other information, and such answers shall be made
within such reasonable period, and under oath or
otherwise,
as the President may determine; and
(2) ENFORCEMENT OF SUBPENAS AND ORDERS.-- The appropriate
United States district court may, upon petition of the Attorney
General at the request of the President, in the case of refusal to
obey a subpena or order of the President issued under this
subsection, issue an order requiring compliance therewith, and any
failure to obey an order of the court may be punished by the court
as a contempt thereof.
(b) REPORTING OF PRICES AND VOLUMES.-- In issuing any order under
section 302 or 303, the President shall require that the prices and
volumes of natural gas delivered, transported, or contracted for
pursuant to such order shall be reported to him on a weekly basis. Such
reports shall be made available to the Congress.
(c) PRESIDENTIAL REPORTS TO CONGRESS.-- The President shall report to
the Congress, not later than 90 days following the termination under
section 301 (b) of any declaration of a natural gas supply emergency (or
extension thereof) under section 301 (a), respecting the exercise of
authority under section 301, 302, 303, or this section.
(d) DELEGATION OF AUTHORITIES.-- The President may delegate all or
any portion of the authority granted to him under section 301, 302, 303,
or this section to such Federal officers or agencies as he determines
appropriate, and may authorize such redelegation as may be appropriate.
Except with respect to section 552 of title 5 of the United States Code,
any Federal officer or agency to which authority is delegated or
redelegated under this subsection shall be subject only to such
procedural requirements respecting the exercise of such authority as the
President would be subject to if such authority were not so delegated.
(e) ANTITRUST PROTECTIONS.--
(1) DEFENSES.-- There shall be available as a defense for any
person to civil or criminal action brought for violation of the
Federal antitrust laws (or any similar law of any State) with
respect to any action taken, or meeting held, pursuant to any
order of the President under section 303 (b), (c), (d), or (i), or
any meeting held pursuant to a request of the President under
section 303 (g), if--
order;
Persons interposing the defense provided by this subsection shall
have the burden of proof, except that the burden shall be on the
person against whom the defense is asserted with respect to
whether the actions were taken for the purpose of injuring
competition.
(2) REQUIREMENTS OF MEETINGS.-- With respect to any meeting
held pursuant to a request by the President under section 303 (g)
or pursuant to an order under section 303--
Attorney
General;
resulting
therefrom, with the Attorney General, who shall make
it
available for public inspection and copying;
Commission
shall have the opportunity to participate from the
beginning in the development and carrying out of
agreements
and actions under section 303, in order to propose any
alternative
which would avoid or overcome, to the greatest extent
practicable, possible anticompetitive effects while
achieving
substantially the purposes of section 303 and any order
there-
under; and
with.
(f) EFFECT ON CERTAIN CONTRACTUAL OBLIGATIONS.-- There shall be
available as a defense to any action brought for breach of contract
under Federal or State Law arising out of any act or omission that such
act was taken or that such omission occurred for purposes of complying
with any order issued under section 303.
(g) PREEMPTION.-- Any order issued pursuant to this title shall
preempt any provision of any program for the allocation, emergency
delivery, transportation, or purchase of natural gas established by any
State or local government if such program is in conflict with any such
order.
SEC. 311. AUTHORIZATION OF CERTAIN SALES AND TRANSPORTATION.
(a) COMMISSION APPROVAL OF TRANSPORTATION.--
(1) INTERSTATE PIPELINES.--
order,
authorize any interstate pipeline to transport natural
gas on
behalf of--
charges
of any interstate pipeline with respect to any
transportation
authorized under subparagraph (A) shall be just and
reasonable
(within the meaning of the Natural Gas Act).
(2) INTRASTATE PIPELINES.--
order,
authorize any intrastate pipeline to transport natural
gas on
behalf of--
equitable
and may not exceed an amount which is reasonably
comparable to the rates and charges which interstate
pipelines would be permitted to charge for providing
similar transportation service.
necessary
to--
(b) COMMISSION APPROVAL OF SALES.--
(1) IN GENERAL.-- The Commission may, by rule or order,
authorize any intrastate pipeline to sell natural gas to--
interstate
pipeline.
(2) RATES AND CHARGES.--
and
charges of any intrastate pipeline with respect to any
sale of
natural gas authorized under paragraph (1) shall be
fair and
equitable and may not exceed the sum of--
necessary to--
paragraph
(1), any intrastate pipeline acquires quantities of
natural gas under any existing contract, if--
due
to any increase in such pipeline's weighted average
acquisition cost of natural gas.
(3) LIMITATION.--
for
a period exceeding two years.
authorization
under this subparagraph, may be extended by the
Commission
if such extension satisfies the requirements of this
subsection.
(4) ADEQUACY OF SERVICE TO INTRASTATE CUSTOMERS.-- Any sale
authorized under paragraph (1) shall be subject to interruption to
the extent that natural gas subject to such sale is required to
enable the intrastate pipeline involved to provide adequate
service to such pipeline's customers at the time of such sale.
(5) PROCEDURAL REQUIREMENTS.--
any
sale under paragraph (1) shall be accompanied by an
affidavit
filed by the intrastate pipeline involved and setting
forth--
distribution
company involved;
accompanied
by a statement by the intrastate pipeline involved
verifying
by oath or affirmation that such sale, if authorized,
would comply with all requirements applicable to such
sale
under this subsection and all terms and conditions
established,
by rule or order, by the Commission and applicable to
such
sale.
(6) TERMINATION OF SALES.--
shall,
after affording an opportunity for oral presentation of
views
and arguments, terminate any sale authorized under
paragraph
(1) if the Commission determines--
for
the purpose of resale of such natural gas pursuant to a
sale authorized under paragraph (1);
Commission's
own motion, the Commission may suspend any sale
authorized
under paragraph (1) if the Commission finds that it is
likely that the determinations described in
subparagraph (A)
will be made following the hearing required under
subparagraph
(A).
is
required under subparagraph (A) (i) shall be made by
the
Commission without regard to the character of the use
of
natural gas by any customer of the intrastate pipeline
involved.
the
Commission relating to any determination under this
section.
(7) DISAPPROVAL OF APPLICATION.-- The Commission shall
disapprove any application for authorization of any sale under
paragraph (1) if the Commission determines--
customers
at the time of such sale (without regard to the
character of
the use of natural gas by such customer);
primarily
for the purpose of resale of such natural gas pursuant
to sale authorized under paragraph (1);
subsection
or any term or condition established, by rule or order,
by the Commission and applicable to such sale; or
(c) TERMS AND CONDITIONS.-- Any authorization granted under this
section shall be under such terms and conditions as the Commission may
prescribe.
SEC. 312. ASSIGNMENT OF CONTRACTUAL RIGHTS TO RECEIVE SURPLUS NATURAL
GAS.
(a) AUTHORIZATION OF ASSIGNMENTS.-- The Commission may, by rule or
order, authorize any intrastate pipeline to assign, without
compensation, to any interstate pipeline or local distribution company
all or any portion of such intrastate pipeline's right to receive
surplus natural gas at any first sale, upon such terms and conditions as
the Commission determines appropriate.
(b) EFFECT OF AUTHORIZATION UNDER SUBSECTION (a).--For the effect of
an authorization under subsection (a), see section 601 (relating to the
coordination of this Act with the Natural Gas Act).
(c) SURPLUS NATURAL GAS.-- For purposes of this section, the term
"surplus natural gas" means any natural gas--
(1) which is not committed or dedicated to interstate commerce
on the day before the date of the enactment of this Act;
(2) the first sale of which is subject to a maximum lawful
price established under title I of this Act; and
(3) which is determined, by the State agency having regulatory
jurisdiction over the intrastate pipeline which would be entitled
to receive such natural gas in the absence of any assignment to
exceed the then current demands on such pipeline for natural gas.
SEC. 313. EFFECT OF CERTAIN NATURAL GAS PRICES ON INDEFINITE PRICE
ESCALATOR CLAUSES.
(a) HIGH-COST NATURAL GAS.-- No price paid n any first sale of
high-cost natural gas (as defined in section 107 (c)) may be taken into
account in applying any indefinite price escalator clause (as defined in
section 105 (b) (3) (B)) with respect to any first sale of any natural
gas other than high-cost natural gas (as defined in section 107 (c)).
(b) OTHER TRANSACTIONS.-- No price paid--
(1) in any sale authorized under section 302 (a), or
(2) pursuant to any order issued under section 303 (b), (c),
(d), or (g), may be taken into account in applying any indefinite
price escalator clause (as defined in section 105 (b) (3) (B)).
SEC. 314. CLAUSES PROHIBITING CERTAIN SALES, TRANSPORTATION, AND
COMMINGLING.
(a) GENERAL RULE.-- Any provision of any contract for the first sale
of natural gas is hereby declared against public policy and
unenforceable with respect to any natural gas covered by this Act if
such provision--
(1) prohibits the commingling of natural gas subject to such
contract with natural gas subject to the jurisdiction of the
Commission under the provisions of the Natural Gas Act;
(2) prohibits the sale of any natural gas subject to such
contract to, or transportation of any such natural gas by, any
person subject to the jurisdiction of the Commission under the
Natural Gas Act, or otherwise prohibits the sale or transportation
in interstate commerce (within the meaning of the Natural Gas Act)
of natural gas subject to such contract; or
(3) terminates,or grants any party the option to terminate, any
obligation under any such contract as a result of such
commingling, sale, or transportation.
(b) NATURAL GAS COVERED BY THIS ACT.-- For purposes of subsection
(a), the term "natural gas covered by this Act" means--
(1) natural gas which is not committed or dedicated to
interstate commerce as of the day before the date of the enactment
of this Act;
(2) natural gas, the sale in interstate commerce of which--
(3) natural gas, the transportation in interstate commerce of
which is--
SEC. 315. CONTRACT DURATION; RIGHT OF FIRST REFUSAL; FILING OF
CONTRACTS AND AGREEMENTS.
(a) CONTRACT DURATION.--
(1) GENERAL RULE.-- The Commission may, by rule or order,
specify the minimum duration of any contract (other than any
existing contract) for the purchase of natural gas to which
section 601 (a) (1) (A) or (B) is applicable. In no case may the
minimum contract duration specified under this paragraph
applicable to natural gas produced from any reservoir exceed 15
years or, if less, the commercially producible life of such
reservoir. The provisions of this paragraph shall not apply to
contracts of natural gas subject to the requirements of paragraph
(3).
(2) NONDISCRIMINATORY APPLICATION.--
provided
under paragraph (1) in a manner which--
pipelines
and thereby denying adequate supplies of natural gas to
intrastate pipelines; or
intrastate
pipeline to the extent necessary to respond to special
circumstances.
(3) CONTRACTS FOR PURCHASE OF OCS NATURAL GAS.-- The Commission
shall prescribe a rule which shall require that any first sale
contract (other than any existing contract) for the purchase of
natural gas which is produced from any reservoir on the Outer
Continental Shelf and which is new natural gas (as defined in
section 102 (b)) or high-cost natural gas (as defined in section
107 (c) (1), (2), (3), or (4)) shall be for a duration of not less
than 15 years or, if less, the commercially producible life of the
reservoir.
(b) OFFERS; RIGHT OF FIRST REFUSAL.--
(1) APPLICATION.-- This subsection shall apply with respect to
any natural gas which is committed or dedicated to interstate
commerce on the day before the date of the enactment of this Act
and which is--
(1),
(2), (3), or (4));
This subsection shall not apply to any natural gas committed or
dedicated to interstate commerce solely by reason of section 2
(18) (A) (i).
(2) OFFER OF SALE.-- The Commission shall, by rule, require
that if natural gas subject to the requirements of this subsection
is produced on or after the first day of the first month beginning
after the date of the enactment of this Act, a bona fide offer to
sell such natural gas must be made to the person who, but for the
provisions of section 601 (a) (1) (B) (relating to deregulation),
would have been entitled pursuant to the commitment or dedication
of such natural gas to interstate commerce to receive such natural
gas if such natural gas were sold (or any successor in interest to
such person).
(3) RIGHT OF FIRST REFUSAL.-- The Commission shall, by rule,
require that following--
requirements
of this subsection to the person who, but for the
provisions
of section 601 (a) (1) (B) (relating to deregulation),
would have been entitled pursuant to the commitment or
dedication
of such natural gas to interstate commerce to receive
such natural gas if such natural gas were sold (or any
successor
in interest to such person), or
paragraph
(2), to sell natural gas subject to the requirements of
this subsection,
such person who would have been entitled to receive such natural
gas shall be granted a right of first refusal of the first offer
to sell such natural gas which, subject to the exercise of any
right of first refusal under this paragraph, has been
substantially accepted in principle by another person in an
arms-length transaction.
(c) FILING OF CONTRACTS AND ANCILLARY AGREEMENTS.-- The Commission
may, by rule or order, require any first sale purchaser of natural gas
under a new contract, a successor to an existing contract, or a rollover
contract to file with the Commission a copy of such contract, together
with all ancillary agreements and any existing contract applicable to
such natural gas.
SEC. 401. NATURAL GAS FOR ESSENTIAL AGRICULTURAL USES.
(a) GENERAL RULE.-- Not later than 120 days after the date of the
enactment of this Act, the Secretary of Energy shall prescribe and make
effective a rule, which may be amended from time to time, which provides
that, notwithstanding any other provision of law (other than subsection
(b)) and to the maximum extent practicable, no curtailment plan of an
interstate pipeline may provide for curtailment of deliveries of natural
gas for any essential agricultural use, unless such curtailment--
(1) does not reduce the quantity of natural gas delivered for
such use below the use requirement specified in subsection (c);
or
(2) is necessary in order to meet the requirements of high-
priority users.
(b) CURTAILMENT PRIORITY NOT APPLICABLE IF ALTERNATIVE FUEL
AVAILABLE.-- If the Commission, in consultation with the Secretary of
Agriculture, determines, by rule or order, that use of a fuel (other
than natural gas) is economically practicable and that the fuel is
reasonably available as an alternative for any agricultural use of
natural gas, the provisions of subsection (a) shall not apply with
respect to any curtailment of deliveries for such use.
(c) DETERMINATION OF ESSENTIAL AGRICULTURAL USE REQUIREMENTS.-- The
Secretary of Agriculture shall certify to the Secretary of Energy and
the Commission the natural gas requirements (expressed either as volumes
or percentages of use) of persons (or classes thereof) for essential
agricultural uses in order to meet the requirements of full food and
fiber production.
(d) AUTHORITY OF SECRETARY OF AGRICULTURE TO INTERVENE.-- The
Secretary of Agriculture may intervene as a matter of right in any
proceeding before the Commission which is conducted in connection with
implementing the requirements of the rule prescribed under subsection
(a).
(e) LIMITATION.-- The Secretary of Agriculture may not exercise any
authority under this section for the purpose of restricting the
production of any crop.
(f) DEFINITIONS.-- For purposes of this section--
(1) ESSENTIAL AGRICULTURAL USE.-- The term "essential
agricultural use", when used with respect to natural gas, means
any use of natural gas--
maintenance,
irrigation pumping, crop drying, or
fertilizer,
agricultural chemicals, animal feed, or food,
which the Secretary of Agriculture determines is necessary for
full food and fiber production.
(2) HIGH-PRIORITY USER.-- The term "high-priority user" means
any person who--
institution;
or
endanger
life, health, or maintenance of physical property.
SEC. 402. NATURAL GAS FOR ESSENTIAL INDUSTRIAL PROCESS AND FEEDSTOCK
USES.
(a) GENERAL RULE.-- The Secretary of Energy shall prescribe and make
effective a rule which provides that, notwithstanding any other
provision of law (other than subsection (b)) and to the maximum extent
practicable, no interstate pipeline may curtail deliveries of natural
gas for any essential industrial process or feedstock use, unless such
curtailment--
(1) does not reduce the quantity of natural gas delivered for
such use below the use requirement specified in subsection (c);
(2) is necessary in order to meet the requirements of
high-priority users; or
(3) is necessary in order to meet the requirements for
essential agricultural uses of natural gas for which curtailment
priority is established under section 401.
(b) CURTAILMENT PRIORITY APPLICABLE ONLY IF ALTERNATIVE FUEL NOT
AVAILABLE.-- The provisions of subsection (a) shall apply with respect
to any curtailment of deliveries for any essential industrial process or
feedstock use only if the Commission determines that use of a fuel
(other than natural gas) is not economically practicable and that no
fuel is reasonably available as an alternative for such use.
(c) DETERMINATION OF ESSENTIAL INDUSTRIAL USE REQUIREMENTS.-- The
Secretary of Energy shall determine and certify to the Commission the
natural gas requirements (expressed either as volumes or percentages of
use) of persons (or classes thereof) for essential industrial process
and feedstock uses (other than those referred to in section 401 (f) (1)
(B)).
(d) DEFINITIONS.-- For purposes of this section--
(1) ESSENTIAL INDUSTRIAL PROCESS OR FEEDSTOCK USE.-- The term
"essential industrial process or feedstock use" means any use of
natural gas in an industrial process or as a feedstock which the
Secretary determines is essential.
(2) HIGH-PRIORITY USER.-- The term "high-priority user" has the
same meaning as given such term in section 401 (f) (2).
SEC. 403. ESTABLISHMENT AND IMPLEMENTATION OF PRIORITIES.
(a) ESTABLISHMENT OF PRIORITIES.-- The Secretary of Energy shall
prescribe the rules under sections 401 and 402 pursuant to his authority
under the Department of Energy Organization Act to establish and review
priorities for curtailments under the Natural Gas Act.
(b) IMPLEMENTATION OF PRIORITIES.-- The Commission shall implement
the rules prescribed under sections 401 and 402 pursuant to its
authority under the Department of Energy Organization Act to establish,
review, and enforce curtailments under the Natural Gas Act.
SEC. 404. LIMITATION ON REVOKING OR AMENDING CERTAIN PRE- 1969
CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY.
(a) GENERAL RULE.-- The Commission may not, during the 10-year period
beginning on the date of the enactment of this Act, revoke or amend any
certificate of public convenience and necessity issued before January 1,
1969, under section 7 of the Natural Gas Act for the transportation of
natural gas owned by any electric utility except upon the application of
the person to whom such certificate was issued.
(b) COMMISSION CURTAILMENT AUTHORITY.-- The limitation under
subsection (a) shall not affect the authority of the Commission to
enforce any curtailment of deliveries of natural gas under the Natural
Gas Act.
SEC. 501. GENERAL RULEMAKING AUTHORITY.
(a) IN GENERAL.-- Except where expressly provided otherwise, the
Commission shall administer this Act. The Commission, or any other
Federal officer or agency in which any function under this Act is vested
or delegated, is authorized to perform any and all acts (including any
appropriate enforcement activity), and to prescribe, issue, amean, and
rescind such rules and orders as it may find necessary or appropriate to
carry out its functions under this Act.
(b) AUTHORITY TO DEFINE TERMS.-- Except where otherwise expressly
provided, the Commission is authorized to define, by rule, accounting,
technical, and trade terms used in this Act. Any such definition shall
be consistent with the definitions set forth in this Act.
(c) DELEGATION OF CERTAIN DETERMINATIONS.-- The Commission may
delegate to any State agency (with the consent of such agency) any of
its functions with respect to sections 105, 106 (b), and 109 (a) (1) and
(3).
SEC. 502 ADMINISTRATIVE PROCEDURE.
(a) ADMINISTRATIVE PROCEDURE ACT.-- Subject to subsection (b), the
provisions of subchapter II of chapter 5 of title 5, United States Code,
shall apply to any rule or order issued under this Act having the
applicability and effect of a rule as defined in section 551 (4) of
title 5, United States Code; except that sections 554, 556, and 557 of
such title 5 shall not apply to any order under such section 301, 302,
or 303.
(b) OPPORTUNITY FOR ORAL PRESENTATIONS.-- To the maximum extent
practicable, an opportunity for oral presentation of data, views, and
arguments shall be afforded with respect to any proposed rule or order
described in subsection (a) (other than an order under section 301, 302,
or 303). To the maximum extent practicable, such opportunity shall be
afforded before the effective date of such rule or order. Such
opportunity shall be afforded no later than 30 days after such date in
the case of a waiver of the entire comment period under section 553 (d)
(3) of title 5, United States Code, and no later than 45 days after such
date in all other cases. A transcript shall be made of any such oral
presentation.
(c) ADJUSTMENTS.-- The Commission or any other Federal officer or
agency authorized to issue rules or orders described in subsection (a)
(other than an order under section 301, 302, or 303) shall, by rule,
provide for the making of such adjustments, consistent with the other
purposes of this Act, as may be necessary to prevent special hardship,
inequity, or an unfair distribution of burdens. Such rule shall
establish procedures which are available to any person for the purpose
of seeking an interpretation, modification, or rescission of, exception
to, or exemption from, such applicable rules or orders. If any person
is aggrieved or adversely affected by the denial of a request for
adjustment under the preceding sentence, such person may request a
review of such denial by the officer or agency and may obtain judicial
review in accordance with section 506 when such denial becomes final.
The officer or agency shall, by rule, establish procedures, including an
opportunity for oral presentation of data, views, and arguments, for
considering requests for adjustment under this subsection.
(d) PROCEDURES APPLICABLE FOR INCREMENTAL PRICING DETERMINATIONS
RESPECTING IMPORTS.-- Notwithstanding the preceding provisions of this
section, any determination made under section 207 (c) shall be made in
accordance with the procedures applicable to the granting of any
authority under the Natural Gas Act to import natural gas or liquefied
natural gas (as the case may be).
SEC. 503. DETERMINATIONS FOR QUALIFYING UNDER CERTAIN CATEGORIES OF
NATURAL GAS.
(a) GENERAL RULE.--
(1) DETERMINATION.-- If any State or Federal agency makes any
final determination which it is authorized to make under
subsection (c) for purposes of--
section
102 (c);
(d) for
the new natural gas ceiling price;
such determination shall be applicable under this Act for such
purposes unless such determination is reversed under the
provisions of subsection (b) or unless such State or Federal
agency has waived its authority under the provisions of subsection
(c).
(2) NOTICE TO COMMISSION.-- Any Federal or State agency making
a determination under paragraph (1) shall provide timely notice in
writing of such determination to the Commission. Such notice shall
include such substantiation and be in such a manner as the
Commission may, by rule, require.
(b) COMMISSION REVIEW.--
(1) AUTHORITY TO REVIEW AND REVERSE.-- The Commission shall
reverse any final State or Federal agency determination described
in subsection (a) if--
which
such determination was made; and
which
the Commission received notice of such determination
under
subsection (a) (2) and the final such finding is made
within
120 days after the date of the preliminary finding.
(2) REMAND ON BASIS OF COMMISSION INFORMATION.-- If--
contained
in the public records of the Commission, and which is
not
part of the record upon which such determination was
made;
and
which
the Commission received notice of such determination
under
subsection (a) (2) and the final such finding is made
within
120 days after the date of the preliminary finding,
it may remand the matter to such State or Federal agency for
consideration of such information. If such agency, after
consideration of the information transmitted to it by the
Commission, affirms its previous determination, such
determination, as so affirmed, shall be subject to review in
accordance with this subsection (other than this paragraph).
(3) NOTICE.-- The Commission shall provide notice of any
proposed finding under this subsection to the State or Federal
agency which made such determination and those parties identified
in the notice to the Commission of such determination.
(4) JUDICIAL REVIEW OF COMMISSION ACTIONS.--
agency
may obtain review of any final decision by the
Commission
to remand under paragraph (2) in the United States
Court
of Appeals for any circuit in which such party is
located or
has its principal place of business, or in the United
States
Court of Appeals for the District of Columbia
circuit. The
reviewing court shall reverse any such decision if it
finds such
decision is arbitrary or capricious.
paragraph
(1) may within 60 days thereafter file a petition for
review of such finding in the United States Court of Appeals
for any circuit in which the party involved in such
determination
is located or has its principal place of business, or
in the United States Court of Appeals for the
District of
Columbia circuit. The reviewing court shall reverse
any such
finding of the Commission if the State or Federal
agency
determination involved is supported by substantial
evidence.
(c) STATE AUTHORITY.--
(1) GENERAL RULE.-- A Federal or State agency having regulatory
jurisdiction with respect to the production of natural gas is
authorized to make determinations referred to in subsection (a).
(2) WAIVER.--
determinations
referred to in subsection (a) (1) by entering into an
agreement
in accordance with subparagraph (B). If such agency
executes such a waiver, the Commission shall,
consistent with
the agreement, make the determinations which would
otherwise
be made by such Federal or State agency until the
earlier of--
agreement;
or
assumes
the authority to make determinations referred to in
subsection (a) (1).
Any waiver, or termination of any waiver, shall not
apply to
any determination with respect to any petition therefor
which is pending before such agency or the Commission
(as
the case may be) on the date on which such a waiver or
revocation
is made.
Federal
or State agency involved and the Commission. Any
such
agreement shall set forth the terms and conditions
applicable
to such waiver.
(3) PROCEDURES APPLICABLE.-- Determinations of a Federal or
State agency referred to in subsection (a) (1) shall be made in
accordance with the procedures generally applicable to such agency
for the making of such determinations or comparable determinations
under the provisions of Federal or State law, as the case may be,
pursuant to which they exercise their regulatory jurisdiction.
The Commission may prescribe the form and content of filings with
a Federal or State agency in connection with determinations made
under this section.
(4) JUDICIAL REVIEW.-- Any such determination referred to in
subsection (a) (1) made in accordance with procedures described in
paragraph (3) shall not be subject to judicial review under any
Federal or State law except as provided under subsection (b).
(d) EFFECT OF DETERMINATIONS.-- For purposes of this Act--
(1) GENERAL RULE.-- Any final determination referred to in
subsection (a) (1) made by a Federal or State agency (or by the
Commission under subsection (c) (2)) which relates to any natural
gas and which is no longer subject to review by the Commission
under this section or to judicial review shall thereafter be
binding with respect to such natural gas. The preceding sentence
shall not apply to any final determination--
statement
of a material fact; or
misleading,
in light of the circumstances under which they were
made, to the Federal or State agency in making such
final
determination or to the Commission in reviewing such
determination.
(2) APPLICATION OF TITLE 18.--Any untrue statement or omission
of material fact to a Federal or State agency upon which the
Commission relied shall be deemed to be statement or entry under
section 1001 of title 18, United States Code.
(e) INTERIM COLLECTION OF MAXIMUM LAWFUL PRICE.--
(1) COLLECTION OF SECTION 109 PRICE.--
day
of the first month beginning after the date of the
enactment
of this Act, a seller of natural gas which is produced
from
a new well may, in accordance with subparagraph (B),
charge and collect the appropriate maximum lawful price
under section 109 for any first sale of such natural
gas.
collections
under subparagraph (A) only in accordance with the
following requirements:
written
sworn statement that such natural gas is produced
from a new well and that such seller believes in good
faith
that such natural gas is eligible under this Act to be
sold
at a price not less than the appropriate maximum lawful
price under section 109.
collection
made by the seller pending a determination under
this section shall be collected subject to a condition
of
refund, with interest, in the event it is determined by
such Federal or State agency that the applicable
maximum
lawful price is lower than that provided under
section 109.
(2) ALTERNATE INTERIM COLLECTION AUTHORITY.--
enactment
of this Act, the Commission shall, by rule or order,
provide
one or more methods under which a seller of natural
gas may, in accordance with requirements established,
and
for such period as may be prescribed, under such rule or
order, charge and collect for any first sale of such
natural
gas the maximum lawful price under title I for which a
petition
is filed for a determination under this section in any
case
in which such price exceeds the appropriate maximum
lawful
price under section 109.
collection
made by the seller pending a determination under section
503 shall be collected subject to a condition of refund,
with interest. Such refund with interest shall be
paid, in
accordance with the rule under subparagraph (A), unless
it is determined under this Act that the applicable
maximum
lawful price is equal to or greater than that
collected. In addition,
such seller shall comply with such requirements as the
Commission shall prescribe in the applicable rule or
order
to provide adequate assurance that funds, to the extent
attributable
to a price in excess of the appropriate maximum
lawful price under title I are available in the event
of such
refund.
(3) COLLECTION AFTER INITIAL DETERMINATION.--
a seller
of natural gas covered by such determination may, in
accordance
with subparagraph (B), charge and collect the
appropriate
maximum lawful price applicable under such
determination.
collections
under subparagraph (A) if such collection is subject to
conditions prescribed by the Commission to assure
refund,
with interest, in the event it is determined under this
Act that
the applicable maximum lawful price is lower than that
provided
under section 109.
SEC. 504. ENFORCEMENT.
(a) GENERAL RULE.-- It shall be unlawful for any person--
(1) to sell natural gas at a first sale price in excess of any
applicable maximum lawful price under this Act; or
(2) to otherwise violate any provision of this Act or any rule
or order under this Act.
(b) CIVIL ENFORCEMENT.--
(1) IN GENERAL.-- Except as provided in paragraphs (2) and (3),
whenever it appears to the Commission that any person is engaged
or about to engage in any act or practice which constitutes or
will constitute a violation of any provision of this Act, or of
any rule or order thereunder, the Commission may bring an action
in the District Court of the United States for the District of
Columbia or any other appropriate district court of the United
States to enjoin such act or practice and to enforce compliance
with this Act, or any rule or order thereunder.
(2) ENFORCEMENT OF EMERGENCY ORDERS.-- Whenever it appears to
the President that any person has engaged, or is about to engage
in acts or practices constituting a violation of any order under
section 302 or any order or supplemental order issued under
section 303, the President may bring a civil action in any
appropriate district court of the United States to enjoin such
acts or practices.
(3) ENFORCEMENT OF INCREMENTAL PRICING.-- The Secretary, the
Commission, or, on the request of the Secretary of Energy or the
Commission, the Attorney General, may institute a civil action for
injunctive or other equitable relief as may be appropriate to
assure compliance with the provisions of section 205 requiring the
passthrough of surcharges paid under section 204 by any local
distribution company with respect to natural gas delivered to
incrementally priced industrial facilities served by such company.
Such action may be instituted in any district court of the United
States in the State in which such local distribution company
conducts business or in the District Court of the United States
for the District of Columbia.
(4) RELIEF AVAILABLE.-- In any action under paragraph (1), (2),
or (3), the court shall, upon a proper showing, issue a temporary
restraining order or preliminary or permanent injunction without
bond. In any such action, the court may also issue a mandatory
injunction commanding any person to comply with any applicable
provision of law, rule, or order, or ordering such other legal or
equitable relief as the court determines appropriate, including
refund or restitution.
(5) CRIMINAL REFERRAL.-- The Commission may transmit such
evidence as may be available concerning any acts or practices
constituting any possible violations of the Federal antitrust laws
to the Attorney General who may institute appropriate criminal
proceedings.
(6) CIVIL PENALTIES.--
order
under this Act, shall be subject to--
of
an order under section 302 or an order or supplemental
order under section 303.
subparagraph
(A), the term "knowing" means the having of--
this
paragraph, in the case of a continuing voilation, each
day of
violation shall constitute a separate violation.
subject
to any civil penalty under this paragraph with respect
to any
violation occurring more than 3 years before the date on
which such person is provided notice of the proposed
penalty
under subparagraph (E). The preceding sentence shall
not
apply in any case in which an untrue statement of
material
fact was made to the Commission or a State or Federal
agency by, or acquiesced to by, the violator with
respect to
the acts or omissions constituting such violation, or
if there
was omitted a material fact necessary in order to make
any
statement made by, or acquiesced to by, the violator
with
respect to such acts or omissions not misleading in
light of
circumstances under such statement was made.
civil
penalty under this paragraph, the Commission shall
provide
to such person notice of the proposed penalty.
Following
receipt of notice of the proposed penalty by such
person,
the Commission shall, by order, assess such penalty.
been
paid within 60 calendar days after the assessment order
has
been made under subparagraph (E), the Commission shall
institute an action in the appropriate district court
of the
United States for an order affirming the assessment
of the
civil penalty. The court shall have authority to
review denovo
the law and the facts involved, and shall have
jurisdiction
to enter a judgment enforcing, modifying, and
enforcing as so modified, or setting aside in whole or
in part,
such assessment.
(c) CRIMINAL PENALTIES.--
(1) VIOLATIONS OF ACT.-- Except in the case of violations
covered under paragraph (3), any person who knowingly and
willfully violates any provision of this Act shall be subject to--
(2) VIOLATION OF RULES OR ORDERS GENERALLY.-- Except in the
case of violations covered under paragraph (3), any person who
knowingly and willfully violates any rule or order under this Act
(other than an order of the Commission assessing a civil penalty
under subsection (b) (4) (E)), shall be subject to a fine of not
more than $500 for each violation.
(3) VIOLATIONS OF EMERGENCY ORDERS.-- Any person who knowingly
and willfully violates an order under section 302 or an order or
supplemental order under section 303 shall be fined not more than
$50,000 for each violation.
(4) EACH DAY SEPARATE VIOLATION.-- For purposes of this
subsection, each day of violation shall constitute a separate
violation.
(5) DEFINITION OF KNOWINGLY.-- For purposes of this subsection,
the term "knowingly", when used with respect to any act or
omission by any person, means such person--,
circumstances.
SEC. 505. INTERVENTION.
(a) AUTHORITY TO INTERVENE.--,
(1) INTERVENTION AS MATTER OF RIGHT.-- The Secretary of Energy
may intervene as a matter of right in any proceeding relating to
the prorationing of, or other limitations upon, natural gas
production which is conducted by any State agency having
regulatory jurisdiction over the production of natural gas.
(2) ENFORCEMENT OF RIGHT TO INTERVENE.-- The Secretary may
bring an action in any appropriate court of the United States to
enforce his right to intervene under paragraph (1).
(3) ACCESS TO INFORMATION.-- As an intervenor in a proceeding
described in subsection (a), the Secretary shall have access to
information available to other parties to the proceeding if such
information is relevant to the issues to which his participation
in such proceeding relates. Such information may be obtained
through reasonable rules relatiing to discovery of information
prescribed by the State agency.--,
(b) ACCESS TO STATE COURTS.--,
(1) REVIEW IN STATE COURTS.-- The Secretary may obtain review
of any determination made in any proceeding described in
subsection (a) (1) in the appropriate State court if the Secretary
intervened or otherwise participated in the original proceeding or
if State law otherwise permits such review.
(2) PARTICIPATION AS AMICUS CURIAE.-- In addition to his
authority to obtain review under paragraph (1), the Secretary may
also participate an amicus curiae in any judicial review of any
proceeding described in subsection (a) (1).
SEC. 506. JUDICIAL REVIEW.
(a) ORDERS.--,
(1) IN GENERAL.-- The provisions of this subsection shall apply
to judicial review of any order, within the meaning of section 551
(6) of title 5, United States Code (other than an order assessing
a civil penalty under section 504 (b) (4) or any order under
section 302 or any order under section 303), issued under this Act
and to any final agency action under this Act required to be made
on the record after an opportunity for an agency hearing,
(2) REHEARING.-- Any person aggrieved by any order issued by
the Commission in a proceeding under this Act to which such person
is a party may apply for a rehearing within 30 days after the
issuance of such order. Any application for rehearing shall set
forth the specific ground upon which such application is based.
Upon the filing of such application, the Commission may grant or
deny the requested rehearing or modify the original order without
further hearing. Unless the Commission acts upon such application
for rehearing within 30 days after it is filed, such application
shall be deemed to have been denied. No person may bring an
action under this section to obtain judicial review of any order
of the Commission unless--,