Rep. Cooley, Wes [R-OR-2]

Amendment sought to delete language that exempts legislation reauthorizing certain laws from the point of order provisions contained in the bill.

United States · United States Congress

To prohibit further extension or establishment of any national monument in Oregon without full public participation and an express Act of Congress, and for other purposes.

United States · United States Congress · 28 September 1996

Prohibits further extension or establishment of national monuments in Oregon without full public participation and an express Act of Congress.

Budget Process Reform Act

United States · United States Congress · 28 September 1996

TABLE OF CONTENTS: Title I: Statement of Congressional Purpose Title II: Binding Budget Law Title III: Enforcement of Budget Discipline Subtitle A: Supermajority Required to Break Budget Law Subtitle B: Line Item Reduction Subtitle C: "Blank Check" Appropriations Prohibited Subtitle D: "Pay-as-You-Go" Requirement for New Spending Subtitle E: "Lock-Box" for Savings From Spending Reductions Title IV: Sustaining Mechanism Title V: Protection of Social Security Title VI: Technical Amendments to Federal Law to Carry Out This Act Title VII: Definitions and Rules of Interpretation Budget Process Reform Act - Title I: Statement of Congressional Purpose - Expresses the sense of the Congress that the Federal budget process should focus the attention of policymakers and the public on the aggregate impact of Federal spending on the economy, and on the tradeoffs that must be made among priorities in order to control overall levels of spending. Declares that the budget process should contain safeguards against delay and inaction, so that temporary shut-downs of the Government may be avoided. Title II: Binding Budget Law - Requires the Congress to enact a binding budget law, in the form of a joint resolution, by April 15 of the calendar year before that in which the fiscal period commences. (Sec. 202) Makes it out of order in the House of Representatives or the Senate to consider any spending bill affecting spending in a major functional category unless and until a joint resolution on the budget is enacted. Amends the Congressional Budget Act of 1974 (CBA) to require a two-thirds majority vote in the House and the Senate to consider any spending bill prior to the enactment of the budget law. Repeals authority for consideration of spending bills prior to adoption of the budget resolution. (Sec. 203) Prohibits baseline budgeting. Requires objective year- to-year comparisons under budget law, with the starting point for both Presidential and congressional budgets the levels of budget outlays for the current fiscal year. (Sec. 204) Amends the CBA to establish a rainy day fund for natural disasters. Requires budget law to include a major functional category for natural disasters, under specified conditions. (Sec. 205) Amends Federal law relating to the contents of the President's annual budget submission to the Congress to require the President to submit: (1) a budget of the U.S. Government for the following fiscal period on a single page, which sets forth specific budget ceilings in each major functional category, by the first Monday in February of each year before that in which a fiscal period commences; and (2) a detailed budget for that fiscal period, on or before the 15th day after a joint resolution on the budget for the following budget period is enacted. Title III: Enforcement of Budget Discipline - Subtitle A: Supermajority Required to Break Budget Law - Amends CBA to require the Congressional Budget Office (CBO) to provide to the Congress an estimate of the costs in each major functional category of each spending bill before being voted on by the Senate or the House. (Sec. 301) Requires a two-thirds affirmative vote in the House and the Senate to consider over-budget spending bills. (Sec. 302) Requires a two-thirds affirmative vote in the House and the Senate to waive any provision of this Act. Subtitle B: Limited Enhanced Rescission Authority - Amends the Impoundment Control Act of 1974 to authorize the President to exercise line-item reduction authority if the Congress exceeds the budget ceilings in the binding budget law or an automatic continuing resolution for a fiscal period. Declares that such authority shall permit the reduction of over-budget spending in a major functional category to the level established in the binding budget law or automatic continuing resolution. Sets forth procedures for congressional introductions of line-item bills after the President transmits a special message to rescind an item of budget authority. Prohibits amendments to such bills. Subtitle C: "Blank Check" Appropriations Prohibited - Declares the intent of the Congress to end open-ended, "blank check" appropriations which typically authorize spending "such sums as may be necessary." (Sec. 306) Amends CBA to require fixed-dollar appropriations for every account except Social Security and interest on the debt. Prohibits open-ended appropriations. (Sec. 307) Requires Executive agencies to adjust expenditures, including program eligibility requirements and benefit levels, to ensure that appropriations for entitlement programs are not exceeded. (Sec. 308) Restricts budget authority and entitlement authority to one fiscal period. Subtitle D: "Pay As You Go" Requirement for New Spending - Amends CBA to prohibit the Congress from considering any legislation which exceeds the budget ceiling unless it offsets such increased spending with an equal amount of reductions. Requires a two-thirds affirmative vote in the House or in the Senate to waive such prohibition. Sets forth special rules in the case of legislation that exceeds a budget ceiling for the natural disaster functional category. Repeals a CBA provision for an exemption in the House from pay-as- you-go rules. Subtitle E: "Lock-Box" for Savings From Spending Reductions - Amends CBA to: (1) establish "lock-box" procedures to ensure budget savings from House and Senate amendments to appropriations bills result in actual spending cuts; (2) require Congressional Budget Office (CBO) reports on such procedures; and (3) mandate reduction of spending allocations to House and Senate committees and subcommittees to meet "lock-box" levels. Title IV: Sustaining Mechanism - Makes appropriations to provide for an automatic continuing resolution if for any account an appropriation for a fiscal period does not become law before the beginning of such period. (Sec. 402) Provides for contingency regulations for automatic continuing resolutions. Grants each State the option of receiving an aggregate amount for the fiscal period for social safety net programs equal to the allocation to the State for such programs in the preceding fiscal period. (Sec. 403) Restricts consideration of legislation providing budget or spending authority to only that reported by the Committees on Appropriations. Makes such restriction inapplicable in the case of Social Security benefits. Title V: Protection of Social Security - Provides that nothing in this Act shall be construed to require or permit reductions in otherwise payable Social Security benefits. (Sec. 502) Provides that no reduction in benefits under title II of the Social Security Act (Old Age, Survivors and Disability Insurance) shall be made as a consequence of this Act. Title VI: Technical Amendments to Federal Law to Carry Out This Act - Makes various technical and conforming amendments, including changing references to a concurrent resolution on the budget to references to a joint resolution on the budget. Title VII: Definitions and Rules of Interpretation - Sets forth definitions for specified terms. Changes the definition of budget authority to exclude offsetting receipts.

To amend the Act commonly known as the "Antiquities Act" to limit further extension or establishment of national monuments in California.

United States · United States Congress · 27 September 1996

Amends the Antiquities Act of 1906 to prohibit any extension or establishment of any national monument in California except by express authorization of the Congress.

Assisted Suicide Funding Restriction Act of 1996

United States · United States Congress · 24 September 1996

Assisted Suicide Funding Restriction Act of 1996 - Prohibits the use of appropriated funds to provide, procure, furnish, fund, or support, or to compel any individual, institution, or government entity to provide, procure, furnish, fund, or support, any item, good, benefit, program, or service, the purpose of which is to cause, or to assist in causing, the suicide, euthanasia, or mercy killing of any individual. Amends the Developmental Disabilities Assistance and Bill of Rights Act, the Protection and Advocacy for Mentally Ill Individuals Act of 1986, and the Rehabilitation Act of 1973 to incorporate a modified version of this prohibition. Adds a further prohibition, with regard to protection and advocacy systems, against certain assistance provided under such Federal laws for asserting or advocating a legal right to cause, or to assist in causing, or to receive assistance in causing, suicide, euthanasia, or mercy killing. Amends the Public Health Service Act to prohibit the use or availability of appropriations under such Act to provide any item, or service, for the purposes of causing or assisting in suicide, euthanasia, or mercy killing. Prohibits Federal financial participation under title XIX (Medicaid), or Federal reimbursement under title XVIII (Medicare), of the Social Security Act for assisted suicide or related services. Provides for the treatment of advance directives under both Medicare and Medicaid. Prohibits the use of appropriated funds for assisted suicide and related services under the Older Americans Act of 1965, the Indian Health Care Improvement Act, and under title XX (Block Grants to States for Social Services Program) of the Social Security Act. Prohibits the use of appropriated funds for assisted suicide and related services under the military and Federal employees health care systems, and as health care for Peace Corps volunteers and Federal prisoners. Amends the District of Columbia Self-Government and Governmental Reorganization Act to ban the use of Federal funds for assisted suicide and related services. Amends the Legal Services Corporation Act to prohibit the use of legal assistance for assisted suicide and related services, and for asserting or advocating a legal right to such services.

To prohibit further extension or establishment of any national monument without an express Act of Congress.

United States · United States Congress · 24 September 1996

Prohibits an extension or establishment of a national monument from being undertaken in the United States without enactment of an express Act of Congress.

To prohibit further extension or establishment of any national monument in Idaho without full public participation and an express Act of Congress, and for other purposes.

United States · United States Congress · 19 September 1996

Prohibits an extension or establishment of a national monument from being undertaken in Idaho without full public participation and an express Act of Congress.

To repeal the Goals 2000: Educate America Act to allow local areas to develop elementary and secondary education programs that meet their needs.

United States · United States Congress · 18 September 1996

Repeals the Goals 2000: Educate America Act. Directs the Secretary of Education to: (1) reserve specified funds for payments to outlying areas and payments to the Secretary of the Interior for Indian tribes (including Alaska Native villages or regional corporations); and (2) allot the remainder among States according to a formula based on relative amounts received under specified provisions of the Elementary and Secondary Education Act of 1965. Requires State educational agencies to distribute such allotments as grants to local educational agencies on the basis of relative school-age population. Limits the use of funds received under this Act to educational purposes only. Authorizes appropriations.

Veterans Medicare Subvention Demonstration Project Act

United States · United States Congress · 12 September 1996

Veterans Medicare Subvention Demonstration Project Act - Directs the Secretaries of Veterans Affairs (VA) and Health and Human Services (HHS) to jointly establish a demonstration project to provide the Department of Veterans Affairs with reimbursement, under provisions of title XVIII (Medicare) of the Social Security Act, for health care services provided to certain Medicare-eligible veterans. Requires the Secretaries to conduct the project: (1) in not more than three Veterans Integrated Service Networks; and (2) during the three-year period beginning on January 1, 1997. Requires the Secretaries to include a provision for expanding the project to incorporate health care services provided to Medicare-eligible veterans under fee-for-service arrangements if the Secretaries determine that such expansion is feasible and advisable. Directs the HHS Secretary to make monthly payments to the Department from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund (HHS trust funds) representing appropriate reimbursement amounts. Provides for the determination of such amounts. Directs the Secretaries to: (1) establish a minimum and maximum enrollment level for veteran participants in the project; and (2) determine baseline costs of such care and coverage. Directs the VA Secretary to: (1) establish and operate a managed health-care plan through which Medicare-eligible veterans who participate in the project receive health care; and (2) waive any enrollment fee for such participants. Directs the Secretaries to report to the Congress concerning specified project participation, findings, and results. Directs the Comptroller General, for each year of the project, to report to the Secretaries and the Congress on the extent to which the costs of the Secretaries have increased as a result of the project. Requires the Secretaries to modify the project following such reviews to correct any discrepancies between project cost targets and actual spending.

To amend title 10, United States Code, to restore the provisions of chapter 76 of that title (relating to missing persons) as in effect before the amendments made by the National Defense Authorization Act for Fiscal Year 1997.

United States · United States Congress · 2 August 1996

Restores Federal armed forces provisions relating to the status of missing persons as in effect before amendments made by the National Defense Authorization Act for Fiscal Year 1997.

To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to offer a loan guaranteed by an adjustable rate mortgage under Chapter 37 of such title.

United States · United States Congress · 1 August 1996

Authorizes the Secretary of Veterans Affairs to quarantee veterans loans for adjustable rate mortgages in a manner similar to the manner in which the Secretary of Housing and Urban Development insures adjustable rate mortgages under provisions of the National Housing Act.

Parental Freedom of Information Act

United States · United States Congress · 1 August 1996

Parental Freedom of Information Act - Amends the General Education Provisions Act to allow parents of elementary and secondary school students access to certain information, including any instructional materials, medical records, and standardized achievement tests administered to their children. Denies access to medical records to any parent who is charged with or convicted of a crime against a minor until such parent is acquitted or such charge is dropped.

To redesignate the dam located at mile 153.6 on the Rogue River in Jackson County, Oregon, and commonly known as the Lost Creek Dam Lake Project, as the "William L. Jess Dam and Intake Structure".

United States · United States Congress · 23 July 1996

Redesignates the Lost Creek Dam Lake Project in Jackson County, Oregon, as the William L. Jess Dam and Intake Structure.

Citizen's Fair Hearing Act of 1996

United States · United States Congress · 22 July 1996

Citizen's Fair Hearing Act of 1996 - Amends the Endangered Species Act of 1973 to provide that any person who satisfies the requirements of the Constitution and demonstrates having suffered or being threatened with economic or other injury resulting from a violation of such Act or a failure of the Secretary of Commerce to act in accordance with it shall be deemed to be within the zone of protected interests of such Act and shall have standing to commence a civil suit on his or her own behalf.

To amend the Internal Revenue Code of 1986 to allow farmers to income average over 2 years.

United States · United States Congress · 11 July 1996

Amends the Internal Revenue Code to temporarily permit two-year averaging of farm income.

American Land Sovereignty Protection Act of 1996

United States · United States Congress · 27 June 1996

American Land Sovereignty Protection Act of 1996 - Amends the National Historic Preservation Act Amendments of 1980 to prohibit the Secretary of the Interior from nominating any Federal lands for inclusion on the World Heritage List pursuant to the Convention Concerning the Protection of the World Cultural and Natural Heritage unless such nomination is specifically authorized by a law. Authorizes the President to submit proposals for legislation authorizing such a nomination. Requires the Secretary to object to the inclusion of any property in the United States on the list of World Heritage in Danger (established under the Convention) unless the Secretary: (1) has submitted to the Congress a report describing the necessity for such inclusion; and (2) is specifically authorized to assent to the inclusion by a joint resolution of the Congress enacted after the report is submitted. Amends the National Historic Preservation Act Amendments of 1980 to prohibit Federal officials from nominating lands in the United States for designation as a Biosphere Reserve under the Man and Biosphere Program of the United Nations Educational, Scientific, and Cultural Organization. Provides that such designation of an area in the United States shall not have, and shall not be given, any force or effect, unless the Biosphere Reserve: (1) is specifically authorized by a law enacted before December 31, 1999; (2) consists solely of federally-owned lands; and (3) is subject to a management plan that specifically ensures that the use of intermixed or adjacent non-Federal property is not limited or restricted as a result of that designation. Prohibits, under any international agreement, the nomination, classification, or designation of: (1) federally-owned lands located within the United States for a special or restricted use unless authorized by law; (2) State or local government lands unless authorized by State or local law; or (3) privately owned lands without the owner's consent.

Crime Does Not Pay Act

United States · United States Congress · 27 June 1996

Crime Does Not Pay Act - Amends the Housing and Community Development Act of 1974 to prohibit community development block grants to a State or locality that permits recovery of damages for an injury suffered by a person committing a felony.

Rural Health Improvement Act of 1996

United States · United States Congress · 27 June 1996

TABLE OF CONTENTS: Title I: Equalization of Medicare Reimbursement Rates to Health Maintenance Organizations and Competitive Medical Plans Title II: Grants to Encourage Establishment of Community Rural Health Networks Title III: Medicare Rural Primary Care Hospitals and Rural Emergency Access Care Hospitals Subtitle A: Rural Primary Care Hospital Program Subtitle B: Rural Emergency Access Care Hospitals Title IV: Incentives for Health Professionals to Practice in Rural Areas Subtitle A: National Health Service Corps Subtitle B: Primary Care Services Furnished in Shortage Areas Title V: Classification of Rural Referral Centers Title VI: Promotion of Health Centers in Rural Regions Title VII: Medicare Payment Methodologies Title VIII: Antitrust Title IX: Financing Rural Health Improvement Act of 1996 - Expresses the sense of the Congress that this Act reflects the dedication of the late U.S. Representative Bill Emerson to ensuring health care access for all rural Americans. Title I: Equalization of Medicare Reimbursement Rates to Health Maintenance Organizations and Competitive Medical Plans - Amends title XVIII (Medicare) of the Social Security Act (SSA) to revise provisions for payments to health maintenance organizations (HMOs) and competitive medical plans (CMPs) for the stated purpose of equalizing Medicare reimbursement rates to HMOs and CMPs. Title II: Grants to Encourage Establishment of Community Rural Health Networks - Directs the Secretary of Health and Human Services (HHS) to provide grants over a three year period to eligible States for development of plans to increase access to health care services for residents of areas in the State that are designated as chronically underserved. Authorizes appropriations. (Sec. 202) Directs the HHS Secretary to make funds available to provide technical assistance and advice for certain entities seeking to establish or enhance a community rural health network in an underserved rural area. Authorizes appropriations. (Sec. 203) Directs the HHS Secretary to provide financial assistance (development grants) to eligible entities for the development and implementation of community rural health networks, giving priority to eligible entities in States with developed plans to increase the access of residents of chronically underserved areas to health care services. Authorizes appropriations. (Sec. 205) Ends Federal financing for the grant program for rural health transition under the Omnibus Budget Reconciliation Act of 1987 and a certain program for rural outreach grants. Title III: Medicare Rural Primary Care Hospitals and Rural Emergency Access Care Hospitals - Subtitle A: Rural Primary Care Hospital Program - Replaces the Essential Access Community Hospital Program (EACH) under Medicare with the Medicare Rural Primary Care Hospital Program, while continuing payment to designated EACHs. Bases payment for inpatient and outpatient rural primary care hospital services on the reasonable costs of the hospital in providing such services. Lengthens from 72 to 96 hours the maximum period of permitted inpatient stay at a rural primary care hospital. Subtitle B: Rural Emergency Access Care Hospitals - Provides for a new Medicare Rural Emergency Access Care Hospital program, detailing coverage and payment for services. Title IV: Incentives for Health Professionals to Practice in Rural Areas - Subtitle A: National Health Service Corps - Amends the Internal Revenue Code to exclude qualified National Health Service Corps scholarship payments and loan repayments from gross income. (Sec. 402) Requires the HHS Secretary to study and report to the Congress on the allocation of Corps members among shortage areas. (Sec. 403) Amends the Public Health Service Act to require the Secretary to give special priority to applications by community rural health networks for the assignment of Corps personnel for providing health services in or to a health professional shortage area. Subtitle B: Primary Care Services Furnished in Shortage Areas - Amends SSA title XVIII to provide for an increase in the amount of additional Medicare payments for primary care services (currently, physicians' services) furnished in rural shortage areas, and for services that are furnished by a physician assistant, nurse practitioner, or nurse midwife that would be physicians' services if furnished by a physician. Extends such payment for former shortage areas. Requires carriers to report on services provided. Title V: Classification of Rural Referral Centers - Amends SSA title XVIII to prohibit denial of a rural referral center's request for reclassification on the basis of comparability of wages. Provides for the continuing treatment of previously designated rural referral centers. Title VI: Promotion of Health Centers in Rural Regions - Amends the Public Health Service Act to require the HHS Secretary, in making grants in rural areas for new or expanded services for each fiscal year, to give priority to projects that would be located in a State, or county or region of a State, that is not already serviced by an existing community health center. Requires also the Secretary to give special consideration to projects which have entered into a collaborative agreement with a community hospital meeting certain requirements. Title VII: Medicare Payment Methodologies - Directs the HHS Secretary to establish a methodology for making payments under Medicare part B (Supplementary Medical Insurance) for telemedicine services furnished on an emergency basis to rural residents. Title VIII: Antitrust - Expresses the sense of the Congress that: (1) the Federal Trade Commission, in conjunction with the Department of Justice, give special consideration to antitrust guidelines affecting physician and hospital networks located in rural areas during its ongoing review of such guidelines; and (2) the completion of the Commission's review be expedited to provide relief and clarification to physicians and hospitals working to develop alternative means of providing accessible, affordable, and quality health care services to all Americans, especially those living and working in rural areas. Title IX: Financing - Revises Medicare secondary payer requirements. Makes permanent the requirements for: (1) employer responses to fiscal intermediary or carrier inquiries about the coverage of an employee or employee's spouse under a group health plan of the employer; and (2) the prohibition against a large group health plan's taking into account that the employee or a dependent of the employee is entitled to Medicare or end stage renal disease benefits.

White House Accountability Act of 1996

United States · United States Congress · 20 June 1996

White House Accountability Act of 1996 - Amends Federal law to prohibit any person within the Executive Office of the President from requesting or receiving protected records from the Federal Bureau of Investigation. Provides for a civil remedy.

Census of Agriculture Act of 1996

United States · United States Congress · 18 June 1996

Census of Agriculture Act of 1996 - Amends Federal law to transfer to the Secretary of Agriculture authority to conduct the census of agriculture. Sets forth confidentiality provisions.

Social Security Preservation Act of 1996

United States · United States Congress · 13 June 1996

Social Security Preservation Act of 1996 - Amends title II (Old Age, Survivors and Disability Insurance)(OASDI) of the Social Security Act to require the Managing Trustee of the Board of Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (trust funds) to ensure that the annual surplus of the trust funds is invested in: (1) marketable interest-bearing obligations of the United States or obligations guaranteed by the United States; or (2) certificates of deposit in insured depository institutions. Prescribes a formula for determining the annual surplus of the trust funds. Prohibits disinvestment of trust fund amounts from public debt obligations, any refraining from making such investments, or any delay in making normal deposits in such trust funds for public debt limit-related purposes. Authorizes the sale of trust fund public debt obligations for the payment of OASDI cash benefits and administrative expenses, with conditions, including notification to each House of Congress and the Comptroller General at least three days in advance of such sale.

Worker Right to Know Act

United States · United States Congress · 5 June 1996

Worker Right to Know Act - Amends the National Labor Relations Act (NLRA) to limit the scope of allowable union security agreements to requiring employee payment of union dues or fees related only to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation. Requires, under NLRA, employee consent in an annual signed written agreement before a union may accept that employee's payment of dues or fees for purposes beyond the scope of the union security agreement as limited by this Act. Requires such an agreement to include a ratio of the dues or fees related to the limited purposes and those related to other purposes. Amends the Labor Management Relations Act, 1947 to prohibit payroll deduction for union dues unrelated to the limited scope purposes, unless a written agreement authorizes such deduction. Requires, under NLRA, employers to post notice of worker rights to organize and collectively bargain, as well as of the limited scope of any union security agreement. Directs the National Labor Relations Board to prescribe the size and form of such notice. Provides, under NLRA, that employees subject to union security agreements who pay dues and fees for the required limited purposes shall have the same right as any union member to participate in union affairs related to such purposes (collective bargaining, contract administration, or grievance adjustment). Amends the Labor-Management Reporting and Disclosure Act of 1959 to require every labor union to attribute and report expenses by function classification in detail necessary to allow its members to determine whether such expenses were related to collective bargaining, contract administration, or grievance adjustment necessary to performing the duties of exclusive representation or were related to other purposes. Requires disclosure under such Act to employees required to pay any union dues or fees (under a union security agreement) as well as to union members. Directs the Secretary of Labor to prescribe related regulations.

To amend the Internal Revenue Code of 1986 to provide a deduction for a portion of the fiscal year 1996 transitional payment under the Agricultural Market Transition Act which is deposited into a reserve against future farm losses.

United States · United States Congress · 30 May 1996

Amends the Internal Revenue Code to allow, at the election of the taxpayer, a deduction for the taxable year in which the taxpayer receives the first-year agricultural market transition payment equal to the amount paid by the taxpayer during such taxable year to the Agricultural Market Transition Reserve of the taxpayer. Limits the amount which may be paid into the Reserve. Makes amounts distributed includible in gross income.

Mineral King Act of 1996

United States · United States Congress · 23 May 1996

Mineral King Act of 1996 - Amends the National Parks and Recreation Act of 1978 to authorize the Secretary of the Interior, until the date of the death of the last cabin permittee of record as of the date of this Act's enactment, to renew or extend certain historic cabin permits or leases (permits) to the heirs of lessees or permittees who have died prior to enactment or who may die after enactment in the Mineral King addition to the Sequoia National Park, unless: (1) the permit is incompatible with the protection of the parks resources; or (2) the land occupied under the permit will be used for some other park purpose in accordance with the comprehensive management plan and the Secretary has available sufficient funds to carry out such use. Directs the Secretary, after receiving an opinion of the State Historic Preservation Officer as to whether any portion of the area added to the park appears to be eligible for listing as a historic district, to: (1) develop and implement a plan for the appropriate protection of historic and cultural resources located in any such portion of the park which, in the opinion of such Officer, appears to be eligible for such listing; and (2) modify the comprehensive management plan accordingly.