United States · United States Congress · 1 February 1979
Amends the Federal Aviation Act of 1958, to require the Administrator of the Federal Aviation Administration to establish, by rule, criteria to be used in determining the air navigation facilities and personnel authorized to be provided an airport under this Act. Permits variation from such criteria if required by safety conditions. Requires the Administrator to transmit a statement with respect to such rule to the Senate and the House of Representatives for approval before prescribing any rule. Prohibits the Administrator from prescribing any rule which is disapproved. Makes this authority subject to the provisions of the Administrative Procedure Act.
United States · United States Congress · 1 February 1979
Administrative Rulemaking Reform Act - Requires a Federal agency preparing to hold a rulemaking session to make a reasonable effort to inform those likely to be affected by the proposed rulemaking. Requires that if the affected group is large, representatives of such group must be notified. Requires, in addition to present requirements, that the notice of rulemaking include the projected effective date of the rules, the purpose of the rulemaking, the text of the proposed rules, and the technical or other studies on which the agency intends to rely in the rulemaking proceedings. Applies the requirements of this Act to all rulemaking sessions except: (1) those specifically authorized to be kept secret in the interest of national security, and (2) those relating to agency management. Requires public notice and public opportunity for comment on all rulemaking proceedings under this Act unless the agency finds that the rules to be proposed are emergency rules or are of routine or insignificant impact in which case the rule must be published with reasons for its adoption. Requires Federal agencies to give interested persons at least 45 days to participate in the rulemaking. Requires the agency to maintain a file of each proceeding to be made available to the courts, Congress, and to the public in connection with review of the rule. Limits the period for public comment to a maximum of 90 days. Requires a copy of all proposed rules to be sent to Congress. States that such rule, other than an emergency rule, shall not become effective if it is disapproved within 90 days by both Houses of Congress, or it is disapproved within 60 days by one House and no action is taken on the disapproval resolution by the other House. Provides that either House of Congress may, by resolution, require any agency to reconsider and resubmit any rule to which this Act applies. Requires that such proposed rule be repromulgated anew in accordance with all the provisions of this Act unless it is reconsidered and resubmitted to Congress within 180 days after the adoption of the resolution requiring such reconsideration. Requires the Administrative Conference of the United States to study Congressional review of agency rulemaking under this Act and report the effect of such review on such rulemaking before July 1, 1984. Authorizes to be appropriated $200,000 to finance such study. Makes this Act effective 90 days after enactment. Terminates the Congressional review required by this Act at the adjournment of the Ninety-eight Congress.
United States · United States Congress · 1 February 1979
Requires any Federal agency that makes an expenditure with respect to the travel of a Member of Congress or an employee of a Member or committee of Congress to submit to the chairman of the committee of Congress which approved such travel a public report containing the amount and an itemization of such expenditures and expenses. Directs the chairman of any committee which receives such a report to reimburse the Federal agency involved within 30 days.
United States · United States Congress · 1 February 1979
Amends title II (Old-Age, Survivors and Disability Insurance) (OASDI) and title XVI (Supplemental Security Income) (SSI) of the Social Security Act to provide: (1) that in the case of a child who has attained the age of 18, is entitled to child's insurance benefits under title II, and who marries an individual receiving benefits under title XVI, such child's entitlement to benefits under title II shall not be terminated by reason of such marriage; and (2) that OASDI benefits shall be excluded in determining the income of the child's spouse for purposes of determining SSI eligibility.
United States · United States Congress · 1 February 1979
Amends the National Service Life Insurance Act of 1940 to provide for a lump sum payment of National Service Life Insurance benefits for certain members of the Armed Forces killed in action between April 21, 1942, and December 31, 1942.
United States · United States Congress · 1 February 1979
Increases the amounts allocated to State and local governments under the State and Local Fiscal Assistance Act of 1972 by ten percent if such State and local governments fund public education from sources other than property taxes.
United States · United States Congress · 1 February 1979
Amends the Federal Deposit Insurance Act, the National Housing Act, and the Federal Credit Union Act to increase Federal deposit insurance from $40,000 to $100,000 on any account which qualifies under the Internal Revenue Code of 1954 as an individual retirement account (IRA) or an account established under a qualified plan for the self-employed (Keogh).
United States · United States Congress · 31 January 1979
Small Business Regulatory Relief Act - Amends the Small Business Act to direct each Federal department, agency, and instrumentality engaged in rulemaking to prepare a written analysis of whether it is legal, feasible, and desirable to exempt small businesses (or classes thereof) from a rule or whether the agency should promulgate a rule with lesser compliance standards for small businesses. Sets forth information which must be present in such analysis.
United States · United States Congress · 31 January 1979
Product Liability Tax Assistance Act - Amends the Internal Revenue Code to allow an income tax deduction for amounts contributed to a product liability trust, up to the fair market value of product liability insurance for the taxpayer. Sets forth the requirements such a product liability trust must meet to be tax-exempt. Includes distributions from such a trust other than for payment of product liability claims in the recipient's gross income. Imposes excise taxes on such trusts for self-dealing, unqualified expenditures, and contributions in excess of the fair market value of product liability insurance.
United States · United States Congress · 31 January 1979
Product Liability Partial Self-Insurance Act - Amends the Internal Revenue Code to allow a deduction to any business enterprise engaged in the manufacture, importation, distribution, lease, or sale of any product for contributions to its product liability trust account and for amounts paid to a captive insurer (wholly or partially-owned by the taxpayer) for product liability insurance. Specifies the amount a taxpayer may deduct, based upon the ability of such taxpayer to obtain insurance through conventional channels. Disallows any deductions for product liability losses which do not exceed the sum of the total trust funds in the taxpayer's account at the beginning of the taxable year plus the amount of deductible payments made by the taxpayer to the account during such year. Imposes penalties for the improper use of product liability reserve funds. Treats amounts accumulated in the taxpayer's product liability trust account as amounts accumulated for reasonably anticipated business needs, for purposes of avoiding the accumulated earnings tax.
United States · United States Congress · 31 January 1979
Amends title XVIII (Medicare) of the Social Security Act to authorize payment for specified services performed by chiropractors, including x-rays and for physical examinations, and for related routine laboratory tests.
United States · United States Congress · 31 January 1979
Amends rule XXXII of the Rules of the House of Representatives to allow admission to the House floor to clerks of committees when business from their committees is under consideration, and to not more than one person from a Member's staff when that Member has a bill or an amendment under consideration.
United States · United States Congress · 29 January 1979
Amends the Employee Retirement Income Security Act to direct the Pension Benefit Guaranty Corporation to adjust annually benefits paid under terminated employee benefit plans by the percentage change in the Consumer Price Index for All Urban Consumers.
United States · United States Congress · 29 January 1979
Unemployment Compensation Reform Act of 1979 - Title I: Unemployment Compensation Cost Equalization Program - Unemployment Compensation Cost Equalization Act of 1979 - Entitles, under the Social Security Act, any States, whose rates of insured unemployment are at least six percent to partial reimbursement on an ascending sliding scale of unemployment compensation costs incurred above a certain amount. Title II: Federal-State Extended Unemployment Compensation Act of 1979 - Federal-State Extended Unemployment Compensation Act of 1979 - Replaces the Federal-State Extended Unemployment Compensation Act of 1970 with an extended unemployment benefit program which includes both regular extended benefits of up to 13 weeks and supplemental extended benefits of up to 13 additional weeks. Directs that benefits be made available when unemployment exceeds specified trigger levels which are similar to those used under present law. Revises the method for determining unemployment rates for the purpose of such triggers. Provides for 50 percent Federal funding of regular extended benefits and for full Federal funding of supplemental benefits. Title III: Financing Amendments for Unemployment Compensation Programs - Authorizes the Secretary of Labor to extend the payback period of a State having an outstanding balance of loans and to permit a State to pay as little as 20 percent of the outstanding balance in a year upon determining that the State is taking sufficient steps to restore the fiscal soundness of its trust fund. Waives any repayment requirement for States in which the insured unemployment rate exceeds a specified level. Restricts the penalty tax in a State which defaults to only insured employers and provides that the rate of such tax shall remain constant even if the outstanding balance owed is not entirely repaid.
United States · United States Congress · 29 January 1979
Amends the Employee Retirement Income Security Act to direct the Pension Benefit Guaranty Corporation to guarantee the payment of nonbasic benefits payable before the normal retirement age while the beneficiary is unemployed and not eligible for social security benefits.
United States · United States Congress · 29 January 1979
Amends rule XI of the Rules of the House of Representatives to prohibit committee funds from being used for travel unless its official nature is established by resolution approved by majority vote of the committee involved. Authorizes the committee chairman to approve such travel proposals in emergency situations. Directs that a complete travel report be filed with the committee within ten working days after the completion of the travel.
United States · United States Congress · 25 January 1979
Amends the Internal Revenue Code to allow certain individuals to compute the amount of the income tax deduction for retirement savings on the basis of the earned income of their spouses.
United States · United States Congress · 25 January 1979
Foster Care and Adoption Reform Act of 1979 - Title I: Child-Welfare Services Program - Amends part B of title IV (Child-Welfare Services) of the Social Security Act to: (1) revise procedures for the payment to States for child-welfare service programs; and (2) prohibit payment to any State for such programs unless that State has in effect an action plan to assure foster care protection. Title II: Aid to Families with Dependent Children - Amends part A of title IV (Aid to Families with Dependent Children) to require States receiving payments under part A to make adoption support payments. States that parents of adopted children are eligible for such payments while the adopted child is either under the age of 18, or is under the age of 21 and is a student.
United States · United States Congress · 24 January 1979
Establishes a Task Force on the Taxation of Real Property by State and local Governments to study and evaluate such taxation, its effects on middle and fixed income taxpayers, and the feasibility of using Federal taxation and other policies to reduce the dependence of State and local governments on such taxation. Sets forth the membership composition and powers of the Task Force. Requires the Task Force to submit a final report to the President within one year. Terminates the Task Force 90 days after submission of such report.
United States · United States Congress · 23 January 1979
North Country National Scenic Trail Act of 1979 - Establishes as a component of the National Trails System the North Country Scenic Trail, a corridor of approximately 3,200 miles extending from eastern New York State to the vicinity of Lake Sakakawea in North Dakota. Directs the Secretary of Interior to study the feasibility of establishing a connecting trail between the North Country National Scenic Trail as authorized by this Act and the Appalachian National Scenic Trail.
United States · United States Congress · 22 January 1979
Intergovernmental Antirecession and Supplementary Fiscal Assistance Amendments of 1979 - Amends the Public Works Employment Act of 1976 to add to the congressional findings under such Act that both an antirecession fiscal assistance program and a supplementary fiscal assistance program which aid governments requiring fiscal relief are essential elements of a sound Federal fiscal policy. Extends the authorization of appropriations for antirecession fiscal assistance through September 30, 1980. Provides for the suspension of such assistance in certain circumstances if the unemployment rate does not exceed six percent. Amends such Act to require the Secretary of Labor to calculate the unemployment rate for specified units of local governments, within or encompassing standard metropolitan statistical areas, using the population survey methodology used prior to January 1, 1978, if such rates are higher than under the current methodology. Requires the Secretary of Commerce to reallocate any undistributed excess amounts among the States and local governments proportionately. Repeals the requirement that States and local governments file statements with the Secretary containing certain reporting assurances. Authorizes the Secretary to make supplemental payments to local governments whose allocation would be reduced as a result of calculating unemployment rates by a new formula. Directs the Secretary of Labor to provide the Secretary of Commerce with necessary information and to determine unemployment rates for each State and local government. Authorizes the Secretary of Commerce to pay supplementary fiscal assistance to local governments with unemployment rates above six percent whenever the unemployment rate for the United States is five percent or more. Authorizes appropriations for such assistance through September 30, 1980. Provides for the suspension of such assistance if antirecession fiscal assistance is being paid or U.S. unemployment rates are less than five percent. Specifies the formula to be used in determining payments under this Act. Requires the Secretary of Commerce to combine certain supplementary payments with the general revenue sharing payment and make a single payment to the local governmental unit. Provides for the reallocation of any undistributed excess amounts among the local governmental units proportionately. Requires local governments receiving supplementary fiscal assistance to comply with those provisions applicable to antirecession fiscal assistance.
United States · United States Congress · 18 January 1979
Amends the Legislative Reorganization Act of 1970 to require House of Representatives committee reports on proposed legislation of a public character to contain statements estimating the reporting and recordkeeping requirements imposed on individuals, private industry, and State and local governments as a result of the enactment of such legislation. Prohibits the House of Representative from considering any legislation reported in the House unless it contains such a statement. Declares that the requirements of this Act shall be considered as part of the rules of the House.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to exempt taxpayers from the payment of interest or a penalty on tax deficiencies attributable to erroneous advice obtained in writing from an Internal Revenue Service Officer or employee acting in an official capacity.
United States · United States Congress · 15 January 1979
Provides for the arbitration of disputes between the Postmaster General and recognized organizations of Postal Service managerial personnel other than officers, postmasters, and employees engaged in personnel work in Postal Service headquarters. Identifies as subject to arbitration under this Act issues relating to pay policies, fringe benefits, and the determination of whether or not a matter is subject to participation by such organization. Establishes an arbitration board to consider a dispute upon the request of the Postal Service or such recognized organization.
United States · United States Congress · 15 January 1979
Solar Energy Bank Act - Establishes a Government corporation in the Department of Housing and Urban Development to be known as the Solar Energy Development Bank to make long-term, low-interest loans to encourage the use of solar energy in commercial and residential structures. Sets forth requirements for loan eligibility concerning the term and amount of the loan and necessary warranties for the solar energy systems covered by such loan. Prohibits conflicts of interest on the part of officers or employees of the Bank. Imposes criminal penalties for the furnishing of false or misleading information by applicants for loans under this Act. Establishes a seven-member Advisory Board to make annual reports to Congress and the President on the operation of the program established by this Act. Prohibits subsidy payments under this Act to any person who has received other Federal assistance for purchase and/or installation of energy systems similar to the solar systems assisted under this Act.
United States · United States Congress · 15 January 1979
IRA-Employer Plan Coordination Act of 1979 - Amends the Internal Revenue Code to extend to participants in qualified (tax-exempt) private employer pension plans the income tax deduction for cash contributions made by, or on behalf of, such participants to a retirement savings account. Limits such deduction to the excess of the lesser of $1,500 or an amount equal to 15 percent of an individual's employment compensation for the taxable year, over the total amount of contributions made on behalf of such individuals to a plan under which the individual has a nonforfeitable right to 100 percent of his accrued benefits. Specifies limits on the amount of deductible contributions to simplified employee pensions and individual retirement plans. Reduces, by five percent, the allowable deduction for participants in a multiemployer defined benefit plan or church plan. Disallows deductions for employees covered by Government plans, owner-employees, officers of corporations maintaining a plan, ten percent shareholders, and individuals who have attained age 70 1/2. Disallows deductions for individuals who are otherwise qualified but who do not conform to methods prescribed by the Secretary of the Treasury for computing the total amount of plan contributions for a taxable year. Requires the recapture of specified amounts taken as deductions for contributions to a plan in the gross income of a plan participant whose rights under such plan become fully vested. Excludes employee contributions to a qualified employer pension plan from the gross income of the employee. Requires the inclusion in the gross income of a plan participant distributions, not received as an annuity, from a plan to which the participant has made one or more deductible contributions. Imposes an additional tax of ten percent on plan distributions which a plan participant receives before 59 1/2. Requires the administrator of a qualified private employer pension plan to submit an annual written statement of information concerning the plan to its participants. Requires an individual retirement account to contain a method for determining the taxable year in which specific contributions are made to it and the amount of income and loss which is attributable to a specific contribution for each taxable year.
United States · United States Congress · 15 January 1979
Regulatory Agency Abolition Act - Abolishes each Federal regulatory agency three years after enactment of this Act unless prior to such date the President and Congress study the effectiveness of such agencies and Congress thereafter adopts a resolution disapproving such abolition. Provides that each regulatory agency established after the date of enactment of this Act shall be abolished three years from the date on which it was first empowered unless the President and Congress take the steps outlined above. Directs the President to submit to Congress a plan for the orderly transfer of duties essential to the public health, safety, or welfare from an abolished agency to the President or to a successor agency. Provides that all orders, rules, certificates, judicial proceedings and licenses made effective by agencies abolished by this Act shall continue in effect until repealed or superceded by the President.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to exclude from the gross income of individuals age 65 or over amounts received as an annuity, pension, or other retirement benefit. Limits the exclusion to $7,500 for single individuals and $5,000 for each married individual.
United States · United States Congress · 15 January 1979
Amends the Congressional Budget Act of 1974 to require that a statement of the steps that have been or will be taken to reduce unobligated balances of budget authority under Federal programs and an estimate of the level of unobligated balances of budget authority that will exist at the end of the fiscal year be included in: (1) the report accompanying the first concurrent resolution on the budget each year; (2) the annual reports submitted by other committees to the Budget Committees of the House of Representatives and the Senate; and (3) the President's annual budget.
United States · United States Congress · 15 January 1979
Federal Nonsmokers Protection Act of 1979 - Prohibits smoking in specified areas of Federal facilities and in interstate passenger carrier facilities. Requires the effective separation of smokers from non-smokers in certain areas of such facilities. Requires that nonsmoking employees in Federal facilities be given the opportunity to be assigned to physically distinct offices or workplaces from those who smoke, whenever possible. Makes the executive head or chief administrative officer of each instrumentality responsible for the enforcement of these prohibitions in any Federal facility in which such instrumentality maintains offices. Requires such officers to submit an annual report on the enforcement of these prohibitions to the Administrator of General Services. Establishes civil penalties for individuals who smoke in any area of an interstate passenger carrier facility where smoking is prohibited under this Act. Requires that "No Smoking" signs be posted in specified areas.
United States · United States Congress · 15 January 1979
Public Health Cigarette Smoking Act of 1979 - Makes it unlawful, under the Federal Cigarette Labeling and Advertising Act, for any person to manufacture, import, or package for sale or distribution within the United States any cigarettes the package of which: (1) fails to bear the required health warning statement; and (2) fails to bear a statement of the tar and nicotine content of each cigarette in such package, as determined by the Federal Trade Commission. States that it shall be unlawful for any person to disseminate or cause to be disseminated any cigarette advertisement which fails to contain the required statements and which is either disseminated by United States mails or in commerce or which is likely to induce, directly or indirectly, the purchase in, or have an effect upon, commerce of cigarettes. Requires cigarettes for export to contain the required statements in the language of the country to which such package is exported.
United States · United States Congress · 15 January 1979
Amends the Arms Export Control Act to extend the period of time during which Congress can adopt a concurrent resolution objecting to a proposed arms sale.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to permit an individual income tax credit for qualified energy conservation expenditures with respect to a home which is owned by the taxpayer and is used by an individual other than the taxpayer as his principal residence.
United States · United States Congress · 15 January 1979
Taxpayers' Bill of Rights Act - Requires the Secretary of the Treasury to prepare, for distribution to taxpayers, brief but comprehensive pamphlets which set forth in nontechnical terms: (1) the rights and obligations of taxpayers during an audit; (2) the procedures which the Internal Revenue Service may use in enforcing revenue laws; and (3) the procedures by which a taxpayer may appeal adverse decisions, prosecute refund claims, and file taxpayer complaints. Requires a copy of such pamphlet to accompany the first communication from the Service to any taxpayer regarding tax liability. Establishes within the Internal Revenue Service an Office of Taxpayer Services, directed by an Assistant Commissioner of Internal Revenue, whose primary responsibilities shall include: (1) assisting taxpayers with information about tax returns, audits corrections, appeals procedures, and payment or document location; and (2) receiving and evaluating complaints of improper, abusive, or inefficient service by Internal Revenue Service personnel. Authorizes the Assistant Commissioner for Taxpayer Services to issue a Taxpayer Assistance Order prohibiting the Secretary, for up to 60 days after such issuance, from taking any assessment, collection, or other action adverse to a taxpayer if the Assistant Commissioner determines that such taxpayer is suffering from an unusual, unnecessary, or irreparable loss as a result of such action. Prescribes criminal penalties for: (1) any investigation by employees of the United States in connection with Federal tax laws which inquires into the beliefs, associations, or activities of any individual which are not directly related to such tax laws; or (2) the maintenance of any records containing information derived from such an investigation. Creates a civil cause of action for any taxpayer aggrieved by a prohibited investigation, or by the deprivation of any civil rights. Permits the award of a judgment of costs, including reasonable attorney's fees, to a prevailing taxpayer in any proceeding before the Tax Court. Requires the Internal Revenue Service, upon a taxpayer's request, to conduct any interview regarding a deficiency assessment in the taxpayer's residence or place of business, at a reasonable time convenient to the taxpayer. Requires the officer or employee conducting such interview to warn the taxpayer that: (1) he has a right to remain silent; (2) any statement he makes may be used against him; and (3) he has the right to the presence of an attorney. Exempts certain income producing property from levy for nonpayment of taxes. Directs the Comptroller General of the United States to establish, and to report annually to Congress on, a program to provide for a continuing audit and investigation of the efficiency, uniformity, and equity of the administration of the internal revenue laws of the United States.
United States · United States Congress · 15 January 1979
Nondiscrimination in Insurance Act of 1979 - Prohibits any discrimination on the basis of race, color, religion, sex, or national origin regarding contracts for, or terms of, insurance policies. Permits insurers, who regularly provide insurance solely to persons of a single religious affiliation, to continue to do so. Authorizes the Federal Trade Commission to administer and enforce this Act. Requires aggrieved persons to file such discrimination charges with State or local agencies in certain circumstances. Sets forth the procedures on charges filed with the Commission. Requires insurers to keep records and make reports as the Commission shall prescribe. Provides penalties for disclosure of information by employees of the Commission. Authorizes civil actions in U.S. district courts by the Commission if a conciliation agreement cannot be secured from the insurer. Allows an aggrieved person to institute a civil action against the insurer if the Commission has not instituted a civil action within certain time periods. Specifies the judicial relief available, if the court determines that the insurer has committed a discriminatory action.
United States · United States Congress · 15 January 1979
Legislative Oversight Act of 1979 - Title I: Requirements for Authorization Bills - Requires all legislation considered by either House of Congress which authorizes new budget authority or increased tax expenditures to include a statement of objectives of the program to be authorized or established and a requirement that the agencies administering the program report annually to Congress to assist it in determining whether such program should be amended. Requires such agency reports to list the costs and accomplishments of each program. Title II: Requirements for Reports Accompanying Authorization Bills - Requires committee reports accompanying such legislation to identify expected economic and social costs and benefits of new programs authorized or established by such legislation, potentially duplicative programs, and previous efforts to accomplish the objectives of the program being considered. Requires reports to contain an assessment of the degree to which an existing program, authorization, or tax expenditure has met previously stated objectives. Requires the Comptroller General to publish and periodically update a descriptive catalog of interrelated Federal activities which compares program costs and accomplishments and describes program interrelationships, including the extent to which programs are duplicative. Title III: Presidential Budget Recommendations - Requires the President's budget to describe the relationship between the President's recommended program budgets and the program accomplishments reported by Federal agencies under this Act. Title IV: Authorization Time Limit; Certain Obligations Not Impaired - Prohibits congressional consideration of any legislation which authorizes new budget authority or provides new or increased tax expenditures, or new spending authority for a period exceeding five years. Exempts from this prohibition national debt service and payments to individuals from Federal trust funds to which such individuals have contributed. Title V: Miscellaneous Provisions; Effective Date - Recognizes the authority of either House to amend this Act. Sets the effective date of this Act.
United States · United States Congress · 15 January 1979
Age Discrimination in Employment Amendments of 1979 - Amends the Age Discrimination in Employment Act of 1967 to remove the existing 70-year upper age limit to which the prohibitions of such Act apply, thereby extending the protection of such Act to all individuals who are at least 40 years of age. Specifies that there shall be no exceptions to the prohibitions of such Act because of the nature of employment of an individual, or retirement benefits to which an individual may be entitled. Repeals provisions restricting the employment or compensation of an individual in the Federal civil service, Government of the District of Columbia, Foreign Service, or Army Corps of Engineers after such individual retires with an annuity or reaches retirement age. Repeals automatic separation requirements based on age and length of service which relate to employees of the Alaska Railroad, the Panama Canal Company, the Canal Zone Government, and to air traffic controllers and Federal law enforcement officers and firefighters.
United States · United States Congress · 15 January 1979
Prescription Drug Freshness Act - Requires the prominent labeling of prescription and over-the-counter drugs and pharmaceuticals, whose effectiveness or potency become diminished after storage, as to the date beyond which the product shall not be used. Authorizes the Food and Drug Administration to establish the "beyond use" dates for all applicable products, and the manner in which they shall be labeled.
United States · United States Congress · 15 January 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse eecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principals. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Ainakchak National Monument; (2) Bering Land Bridge National Monument; (3) Cape Krusenstern National Monument; (4) Gates of the Arctic National Monument; (5) Kenai Fjords National Monument; Kobuk Valley National Monument; (7) Lake Clark National Monument; (8) Noatak National Monument; Wrangell-Saint Elias National Monument; (10) Yukon-Charley National Monument; and (11) Katmai National Monument. Expands and redesignates: (1) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park; and (2) Glacier Bay National Monument by the addition of 40,000 acres to be redesignated as Glacier Bay National Park. Establishes as units of the National Park System: (1) Aniakchak National Preserve; (2) Lake Clark National Preserve; and (3) Noatak National Preserve. Establishes and designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Park; (3) Cape Krusenstern National Park; (4) Denali National Park; (5) Gates of the Arctic National Park; the Arctic Wilderness; (6) Glacier Bay National Park; (7) Katmai National Park; (8) Kenai Fjords National Park; (9) Kobuk Valley National Park; (10) Lake Clark National Park and Preserve; (11) Noatak National Park; (12)Wrangell-Saint Elias National Park; and (13) Yukon-Charley National Park. Directs the Secretary of the Interior to study the nondesignated areas within the boundaries of the National Park System and report to the President and Congress on the suitability of all roadless areas for preservation as wilderness. Directs the Secretary of the Interior to administer all Alaska lands, waters, and interests in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds that were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to the applicable laws and regulations. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Monument and Yukon Flats National Monument as Yukon Flats National Wildlife Monument. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Copper River National Wildlife Refuge; (4) Iliamna National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Koyukuk National Wildlife Refuge; (8) Nowitna National Wildlife Refuge; (9) Selawik National Wildlife Refuge; (10) Teshekpuk National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; and (4) Kenai National Moose Range. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge (to be known as Alaska Maritime Wilderness, Aleutian Islands Wilderness, Unimak Wilderness and Semidi Wilderness); (2) Alaska Peninsula National Wildlife Refuge (to be known as Pavlof wilderness and Chiginagak Wilderness); (3) Arctic National Wildlife Range; (4) Becharof National Wildlife Monument; (5) Copper River National Wildlife Refuge; (6) Innoko National Wildlife Refuge; (7) Izembek National Wildlife Range; (8) Kanuti National Wildlife Refuge; (9) Kenai National Wildlife Range; (10) Kodiak National Wilderness Refuge; (11) Koyukuk National Wildlife Refuge; (12) Nowitna National Wildlife Refuge; (13) Nunivak National Wildlife Refuge; (14) Selawik National Wildlife Refuge; (15) Tetlin National Wildlife Refuge; (16) Togiak National Wildlife Range; (17) Yukon Delta National Wildlife Refuge (to be known as Andreafsky Wilderness and Kisaralik Wilderness); and (18) Yukon Flats National Wildlife Monument (to be known as Hodzana Wilderness and White Mountain Wilderness). Directs the Secretary of the Interior to review all areas within the National Wildlife Refuge System established or expanded by this Act as to their suitability for preservation as wilderness. Directs the President to advise Congress as to the Secretary of the Interior's recommendations. Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation unit established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the major purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within or adjacent to a refuge. States that each such agreement shall provide that the land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon River, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Directs the Secretary of the Interior to conduct an assessment of the bald eagle in the Chilkat River area in order to determine habitat use, dynamics of salmon runs on which the eagles feed, seasonal movement patterns, and effects on the eagle population of developments by man. Directs the Secretary to develop a proposal to conserve bald eagles and other wildlife in the region, insure compatible land uses, provide for land lease agreements to facilitate the proposal. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Chugach National Forest, to be known as Nellie Juan Wilderness, College Fjord Wilderness, Red Peak Wilderness, and Tonki Cape Wilderness); (2) Admiralty Island National Monument; (3) Tongass National Forest, (to be known as Endicott Wilderness, Etolin Island Wilderness, Idaho Inlet Wilderness, Karta Wilderness, and King Salmon Capes Wilderness; (4) Misty Fjords National Monument; (5) Tongass National Forest, to be known as Petersburg Creek-Duncan Canal Wilderness, Prince of Wales Wilderness, Rocky Pass Wilderness, Russell Fjord Wilderness, Stikine- LeConte Wilderness, South Baranof Wilderness, Tebenkof Wilderness, Tracy-Arms-Ford Terror Wilderness, and West Chichagof-Yakobi Wilderness). Directs the Secretary of Agriculture to study and report to the President and Congress in accordance with the Wilderness Act recommendations as to the suitability of the Western Prince William Sound for preservation as wilderness. Specifies that the provisions of this Act apply only to the lands within Alaska and nothing in this Act shall be interpreted to expand, diminish, or modify provisions of the Wilderness Act with respect to lands outside of Alaska. Allows the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas designated by this Act in accordance with the goal of restoring and maintaining anadromous fish production in the Tongass National Forest. Sets forth factors to be considered in allowing such activity. Directs that previously existing public use cabins within national forest wilderness may be permitted to continue subject to necessary restrictions deemed to preserve the wilderness character of the area. Authorizes the Secretary of Agriculture to construct and maintain a limited number of new cabins and shelters. Authorizes the Secretary of Agriculture to permit commercial fishery activities within national forest wilderness in accordance with principles of sound fisheries management. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Amends the Alaska Native Claims Settlement Act to prohibit land conveyed to a Native Corporation pursuant to this Act or the Alaska National Interest Lands Conservation Act, which is within a contingency area designated in a U.S. timber sale contract, to be subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor form entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Stony, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak (including its major tributaries), Chilikadrotna, Mulchatna, Stonu, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Porcupine, Sheenjek, Andreafsky, Ivishak, Kanektok, Kisaralik, Wind, Beaver Creek, Copper, Selawik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Holitna-Hoholitna, Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, Susitna. Sets forth time requirements for completion of such studies. Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to promulgate regulations to protect the quality and quantity of water in the Wulik River. Allows the Secretary to grant rights-of-way for oil and gas pipelines across the Iditarod Trail or a wild and scenic river when there exists no alternative route. Sets forth the requirements for obtaining a permit for an oil or gas pipeline. Title VI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owed or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title VII: Subsistence - Declares the first priority of this Act to be consumptive uses of fishing and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Directs the Secretary, if the State fails to do so, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to take certain administrative action if it is determined that the program or implementation is not in compliance with this Act. Gives the Secretary authority to close public areas to all consumptive uses except subsistence uses by local residents. Sets forth procedures for hearings and appeal by the State. Gives the Secretary emergency authority to temporarily close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits the appropriate Federal agency from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only by acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Directs the Secretary to authorize and permit temporary access by the State or a private landowner to any conservation system unit, the Alaskan National Petroleum Reserve, or public lands for the purposes of survey and geophysical study and adequate access State or privately owned land and valid mining claims. Removes certain restrictions from sections of the North Slope Haul Road. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Stipulates that a holder of a permit to use any conservation system shall be strictly liable for damage to any lands, fish, wildlife or other renewable resource, unless such damage was caused by an act of war or the negligence of the United States. Limits damages for such strict liability to $50,000,000 for any one incident. Exempts the State from strict liability. Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Title IX: Improvements in Administration of the Alaska Native Claims Settlement Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Includes provisions for: (1) the Secretary waiving the whole section requirement at the request of a Village Corporation in certain specified situations; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estates; (3) the conveyance of title to the Federal or State Government or the proper municipal corporation to the surface estate for existing airport sites; and (4) the conveyance of fee title of existing cemetery and historical places to the appropriate Regional Corporation. Dissentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment. Amends the Alaska Native Claims Settlement Act to exempt from Federal, State, and local taxation the receipt of land or any interest pursuant to this Act to equalize the values of properties. Stipulates the manner to determine the taxable basis of such interests for the purpose of future taxable dispositions. Exempts from taxation real property interests conveyed pursuant to this Act to a Native individual or Native Corporation which are not developed or leased to third parties. States that fire protection of Native land provided by the Department of the Interior shall cover "wildland." Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites. Authorizes the Secretary to withdraw twice the amount of unfulfilled entitlement where lands selected and conveyed to a Village Corporation is insufficient to fulfill the Corporation's entitlement. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment of this Act. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a conservation system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska as of December 18, 1971 and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be alloted subject to a right or reentry for a 20-year period after the effective date of this Act. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Sets forth fiscal year adjustments for appropriation of funds. Directs the Secretary to pay by grant to each of the Native Group Corporations $50,000 to $100,000 depending on the population of each group, to be used for planning, development, and other authorized purposes. Subjects the decisions made by the Secretary under this title or the Alaska Native Claims Settlement Act to judicial review only if an action is initiated before a court of competent jurisdiction within two years after the Secretary's decision has become final and after the party seeking review has exhausted any administrative appeal rights. Subjects the decisions made by a Village Corporation to reconvey land under the Alaska Native Claims Settlement Act to judicial review only if the action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of the boundaries under applicable law.
United States · United States Congress · 15 January 1979
Comprehensive Oil Pollution Liability and Compensation Act - Title I: Domestic Oil Pollution Liability, Compensation, and Fund - Establishes in the Treasury of the United States the Comprehensive Oil Spill Liability Fund for the purpose of paying for otherwise uncompensated losses resulting from oil pollution, for research related to the purposes of this title, and for necessary administrative and personnel costs. Enumerates the sources of monies to be deposited in such fund, including a fee, not to exceed three cents per barrel of oil, imposed upon owners of facilities receiving oil. Obligates owners of such oil to reimburse the refinery or terminal owner the full amount of the fee levied on such person's oil. Impose a civil penalty on any person required to pay or collect such fees who fails to do so. Authorizes the Secretary of Transportation to issue obligations to the Secretary of the Treasury at times when fund assets are insufficient to meet fund liabilities. Lists the types of injuries which may be compensated under this Act and the potential claimants who have standing to assert claims involving each such type of damage. Imposes joint, several, and strict liability on the owners and operators of each pollution source. Specifies liability limits, except in cases of gross negligence or willful misconduct, for ships and other vessels. Directs the Secretary of Transportation to establish limits on the liability of classes of facilities used for transporting, producing, processing, storing, or transferring oil. Requires the owner or operator: (1) of any such facility; or (2) of any ship which uses such facility or navigable waters of the United States, to establish and maintain evidence of financial responsibility in an amount sufficient to satisfy applicable liability limits. Directs the person in charge of a vessel or facility to immediately notify the Secretary of Transportation of any pollution incident in which the vessel or facility is involved. Specifies procedures whereby the Secretary may, in the absence of such an admission, designate and advertise pollution sources. Directs the Secretary, in instances in which: (1) the owner and operator of a vessel or facility designated by the Secretary deny such vessel's or facility's involvement; (2) the source of the discharge is a public vessel; or (3) the Secretary is unable to designate the pollution source, to advertise procedures for presenting claims directly to the fund. Requires all other claims, with limited exceptions, to be initially presented to the owner or operator, or to such person's grantor. Permits claimants to either present a claim to the fund or to bring an action in an appropriate United States district court when an owner or operator and a guarantor deny liability or fail to settle the claim within a specified period. Sets forth procedures for the disposition and appeal of claims submitted to the fund. Requires both the plaintiff and the defendant in a court action brought against an owner, operator, or guarantor to forward copies of all pleadings to the fund. Permits the fund to intervene in such actions. Subrogates any person or governmental entity, including the fund, paying compensation to all the claimant's claims and rights under this Act. Specifies procedures for and the measure of recovery in actions brought by the fund against owners, operators, or guarantors of alleged pollution sources. Permits a claimant to elect to pursue his remedy for damages under this Act or under any applicable State law and precludes submission of that claim under the alternative procedure. Sets penalties for persons failing to comply with specified provisions in this Act. Title II: Effective Dates; Conforming Amendments: - Specifies the effective date of this Act. Amends specified laws, including the Deepwater Port Act of 1974 the Federal Water Pollution Control Act, and the Trans-Alaska Pipeline Act, to conform with the provisions of this Act.
United States · United States Congress · 15 January 1979
Prescription Drug Labeling Act - Amends the Federal Food, Drug, and Cosmetic Act to require that in the labeling and advertising of drugs sold by prescription the established name of such drug must appear each time the drug's proprietary name is used. Allows a pharmacist to fill or refill a prescription for a drug identified by its proprietary name with a substitute drug of the same established name or the same qualitative composition, unless the prescription requires the proprietary name drug exclusively. Requires that such substitute drugs, whether identified in the prescription by proprietary or by established name, be sold at a cost to the patient which is less than the cost of the drug so identified.
United States · United States Congress · 15 January 1979
Prescription Drug Price Information Act - Amends the Federal Food, Drug, and Cosmetic Act to require retailers of prescription drugs to post the prices of certain commonly prescribed drugs for the general public. Directs each drug retailer to prominently post a list of the prices of the 100 prescription drug products that had the highest dollar volume of retail sales by such drug retailer within a period to be determined by the Secretary of Health, Education, and Welfare. Requires the posting for each such drug to: (1) list the drug product under its established name (if any) and its proprietary name (if any); and (2) contain the lowest price at which such drug product is offered for sale by such retailer for a quantity which the Secretary determines is the quantity in which the drug product is most commonly dispensed. Prohibits the sale of any prescription drug product whose price is so posted: (1) at a unit price greater than the posted one, if the quantity sold is equal to or greater than the posted quantity; or (2) at a unit price greater than 110 percent of the posted one, if the quantity sold is less than the posted quantity.
United States · United States Congress · 15 January 1979
Amends the Federal Election Campaign Act of 1971 to add Title V: Financing of General Election Campaigns for the House of Representatives. Directs the Secretary of the Treasury to maintain, in the Presidential Election Campaign Fund, the House of Representatives Election Campaign Account. Sets forth eligibility requirements to be met by candidates for election to the House of Representatives seeking payments from such Account. Limits expenditures from personal funds which may be made by candidates meeting such eligibility requirements. Entitles eligible candidates to matching payments and sets forth the procedure for determining the amounts of these payments. Stipulates that the aggregate payments to all candidates in an election shall not exceed three times the maximum amount payable in matching funds. Suspends certain expenditure limitations on eligible candidates if any candidate not eligible to receive payments pursuant to this Act makes expenditures or receives contributions in excess of specified amounts. Sets forth the procedure for requesting matching payments. Sets forth procedures to be followed by the Secretary of the Treasury in maintaining the House of Representatives Election Campaign Account. Directs the Federal Elections Commission to conduct examinations and audits of the campaign accounts of ten percent of the eligible candidates. Provides for the participation of the Commission in judicial proceedings arising under this Act. Authorizes appropriations necessary to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Sunset Act of 1979 - Title I: Reauthorization of Government Programs - Sets forth a ten-year schedule for reauthorization of all Federal programs according to budget function and subfunction as set forth in the Budget of the United States Government for Fiscal Year 1979. Sets forth the procedure in the House of Representatives and the Senate for the consideration of any bill, resolution, or amendment which authorizes new budget authority. States that it is not in order for either House to consider any legislation which authorizes the enactment of new budget authority for a program for a period of more than ten years, for an indefinite period, or for any fiscal year beginning after the next reauthorization date applicable to such program. Provides that before the Congress can appropriate funds for any program, after its first reauthorization date, there must be a specific authorization in law to support the appropriation. Requires the committees of the Senate and House of Representatives to conduct a sunset review of programs during the Congress in which such programs are scheduled for review. Requires that the report accompanying such reauthorization contain specified information, and that the report be completed during the Congress in which the program is scheduled for reauthorization. Exempts from the requirements of this Act specified programs such as interest on Federal debts, health care services, general retirement and disability payments, as well as litigation activities which have as their objectives the protection and implementation of civil rights guaranteed by the Constitution of the United States and specified retirement pay and benefits. Allows the reauthorization schedule set forth in this Act to be changed by concurrent resolution of the two Houses of Congress and sets forth the procedure for such change. Requires all legislation and other matters related to changes in the dates for programs under this Act to be referred to the committee with legislative jurisdiction over any program affected by the proposal and, sequentially, to the Committee on Rules in the House of Representatives and to the Committee on Rules and Administration in the Senate. Requires such committees to report any concurrent resolution or bill referred to it by a committee of legislative jurisdiction within 30 days, with a statement on each of its recommendations. Makes provisions for any proposed change which has been reported by a committee before June 1, 1980. Title II: Program Inventory - Directs the Comptroller General and the Director of the Congressional Budget Office, in cooperation with the Director of the Congressional Research Service, to prepare an inventory of Federal programs. Declares that the purpose of such program inventory is to advise and assist Congress in carrying out the reauthorization and reexamination requirements and to link such reauthorization and review process with the budget process. Requires the Comptroller General to submit such program inventory to each House of Congress no later than January 1, 1980. Sets forth the contents of the inventory program, including the type of authorization provided for such programs' new budget authority; and the manner in which related program areas may be grouped for evaluation and review. Permits the congressional committees, the Congressional Budget Office, and the Congressional Research Service to review the program inventory and suggest revisions. Requires that the program inventory be revised at the end of each session of Congress, and that such revisions be reported to each House. Requires that periodic reports tabulate the progress of congressional action on bills and resolutions authorizing budget authority for programs in the inventory. Requires the Comptroller General and the Director of the Congressional Budget Office to submit periodic reports to the Congress on the adequacy of the functional and subfunctional categories for grouping programs of like missions or objectives. Title III: Program Reexamination - Requires each committee of the Senate and the House of Representatives to reexamine selected programs or groups of programs over which it has jurisdiction. Sets forth procedures for such review, and criteria for selection of program areas for evaluation. Directs each committee to consult with the appropriate committees of either the House of Representatives or the Senate in order to achieve coordination of program reevaluation and inform itself of the related activities of or available assistance from the General Accounting Office, the Congressional Budget Office, the Congressional Research Service, the Office of Technology Assessment, and appropriate instrumentalities in the executive and judicial branches. Requires each committee to deliver a report on the reexamination to the Secretary of the Senate or the Clerk of the House at the date specified in the funding resolution first reported by such committee in 1981 and thereafter for the first session of each Congress. Allows two or more committees which have legislative jurisdiction over the same programs or portions of the same programs to examine such programs jointly and submit a joint report. Stipulates that such report: (1) contain the findings, recommendations, and justifications of the program; and (2) include specified information including, but not limited to, an assessment of the cost-effectiveness of the program and an identification of any trends, developments, and emerging conditions which are likely to affect the nature and extent of the problems or needs which the program is intended to address. Requires each executive department or agency which is responsible for a program selected for reexamination to submit a report to the Office of Management and Budget and to the appropriate committees of the Congress on its findings, recommendations, and justifications of specified aspects of the program. Title IV: Citizens' Commission on the Organization and Operation of Government - Establishes, as an independent instrumentality of the United States, the Citizens' Commission on the Organization and Operation of Government to conduct a nonpartisan study and investigation of the organization and methods of operation of all departments, agencies, independent instrumentalities, and other authorities of the executive branch of the Government, and to make such recommendations as it determines are necessary to promote economic, efficient and improved services in the transaction of public business. Requires the Commission to submit interim reports to the President and the Congress, and to submit a final report with its findings and recommendations. Requires the Comptroller General to report once a year for two years after submission of the Commission's final report on the status of actions taken as a result of the report. Specifies the composition of the 15-member Commission and sets forth the duties and powers of the Commission. States that the Commission shall cease to exist 90 days after submission of its final report. Authorizes to be appropriated until September 30, 1984, without fiscal year limitations, $4,000,000 to carry out the provisions of this Title. Title V: Regulatory Impact - Requires the President to submit, at the beginning of each of the five congresses beginning with the 97th Congress, an analysis of the purposes, function, and efficiency of 16 specified regulatory agencies. Requires the President to submit legislative plans, based on such analyses, for the improvement of operations of such agencies. Establishes a schedule according to which plans for specified agencies will be submitted early in each of the five congresses for which the required analyses are submitted. Directs the President, with each plan, to submit a report on the cumulative impact of government regulatory activity on specific industry groupings. Directs the Comptroller General and the Director of the Congressional Budget Office to assess each of the agencies included in the President's plan and to analyze the plan, and submit such information to the Congress. Title VI: Government Accountability - Requires the President, beginning with the first year of the 97th Congress, to submit biennially, as part of the budget, a report on the management of the executive branch. Requires the Director of the Office of Management and Budget to provide an evaluative report on Federal programs to the President to be included with the President's report. Title VII: Tax Expenditures - Requires the Director of the Congressional Budget Office, after consultation with the Joint Committee on Taxation of the Congress, to prepare an inventory of tax expenditure provisions and to submit a report on such inventory to the Committee on Ways and Means of the House and the Senate Finance Committee. Defines the term "tax expenditure provision" as any provision of Federal law which allows a special exclusion, exemption, or deduction in determining liability for any tax or which provides a special credit against any tax, a preferential rate of tax, or a deferral of tax liability. Specifies the contents of the report which include an estimate of the revenue loss from each tax provision. Requires the Director to: (1) submit a revised inventory to each House of Congress by December 1, 1980; (2) revise the inventory after the close of each session of Congress and report such revisions to Congress; and (3) periodically report on congressional action on bills and resolutions which create or affect tax provisions. Directs the House Committee on Ways and Means and the Senate Committee on Finance to prepare a reauthorization schedule for all tax provisions similar to the schedule set out for Federal programs in title I of this Act. Requires Congress to take final action on the reauthorization schedule for tax provisions before the end of the 96th Congress. Provides that each tax expenditure provision shall expire unless it is reauthorized by a law enacted during the Congress in which it is scheduled for review. Sets forth procedures and restrictions for the consideration of bills reauthorizing tax provisions, which are similar to the restrictions and procedures governing bills authorizing new budget authority for Federal programs as described in title I. Requires that the report accompanying a reauthorization bill include specified information. Permits Congress to prescribe technical rules as may be necessary to mitigate adverse effects which might result for taxpayers who rely on a certain tax provision. Title VIII: Miscellaneous - Amends the Budget and Accounting Act of 1921 to permit the committees of Congress to obtain from the agencies of the Government estimates or requests for appropriations or requests for increases in an item of any such estimate or request, and recommendations as to how the revenue needs of the Government should be met. Declares that nothing shall require the public disclosure of records which are specifically authorized under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy and are in fact properly classified pursuant to such Executive order, or which are otherwise specifically protected by law. Sets forth administrative procedures and requirements. Directs the President, with the cooperation of the head of each appropriate agency, to submit to the Congress a "Regulatory Duplication and Conflicts Report" for all programs scheduled for reauthorization in the next Congress. Stipulates that each such report identify duplicative or conflicting rules and regulations promulgated by executive departments, independent agencies, and State and local governments and contain recommendations which address such conflicts or duplications. Defines the term "required authorization waiver resolution" for purposes of this Act. Sets forth the procedure which the chairman of the committee of the Senate or the House of Representatives having legislative jurisdiction over programs must follow in order to introduce a required authorization waiver resolution. Makes it the duty of the Committees on Governmental Affairs and on Rules and Administration of the Senate and the Committees on Government Operations and on Rules of the House of Representatives to review the operation of the procedures established by this Act and to submit a report every five years beginning December 31, 1986. Authorizes to be appropriated through fiscal year 1990 such sums as may be necessary to carry out the review requirements and for the compilation of the inventory of Federal programs.
![Official portrait of Rep. Carr, Bob [D-MI-8]](https://www.congress.gov/img/member/c000178_200.jpg)