Amendment· HAMDTHAMDT 409 (99th)passed
United States · United States Congress
Resolution· HCONRESH.Con.Res. 385 (100th)referred
United States · United States Congress · 4 October 1988
Expresses the sense of the Congress that: (1) the Amateur Basketball Association United States of America and the U.S. Olympic Committee should promote the adoption of rules that would make all basketball players eligible to compete in the Olympic games; and (2) the U.S. Olympic Committee should promote the elimination of the distinction between amateur and professional athletes in all sports for purposes of eligibility to compete in the Olympic games.
Resolution· HCONRESH.Con.Res. 380 (100th)referred
United States · United States Congress · 29 September 1988
Expresses the sense of the Congress that Medicare (title XVIII of the Social Security Act) hospital payments for FY 1990 should not be reduced below levels provided in current law for such fiscal year.
Bill· HJRESH.J.Res. 660 (100th)referred
United States · United States Congress · 22 September 1988
Designates October 30, 1988, as Fire Safety at Home Day: Change Your Clock, Change Your Battery.
Bill· HRH.R. 5288 (100th)passed
United States · United States Congress · 14 September 1988
Veterans' Judicial Review Act - Directs the Attorney General, when requested by the Administrator of Veterans Affairs, to provide the Administrator with advice or opinions with regard to any question of law arising under the Constitution or under any law other than a law providing benefits for veterans and their survivors and dependents. Directs the Administrator to ensure that VA rulemaking and judicial review comply with relevant provisions of the Administrative Procedure Act. Provides for judicial review of VA decisions. Revises provisions relating to the payment by the Administrator of fees to attorneys handling veterans' benefits claims. Revises provisions relating to the establishment and jurisdiction of the Board of Veterans' Appeals. Renames such body the Court of Veterans Appeals. Provides the Court with exclusive jurisdiction to consider all questions involving benefits under laws administered by the VA. Outlines procedural provisions for the Court with respect to: (1) the fee for filing a petition; (2) representation of parties and fee agreements; (3) rules of practice, procedure, and evidence; (4) the administration of oaths and procurement of testimony; (5) the filing of notice of disagreement and appeal; (6) witness fees; (7) hearings; (8) decisions; (9) availability of proceedings; and (10) the publication of reports. Outlines further administrative provisions with respect to: (1) employees and expenditures of the Court; and (2) certain fees associated with proceedings brought before the Court. Outlines provisions for the determination of the date when a decision of the Court becomes final, with a different date determined if the decision of the Court: (1) is not appealed; (2) is appealed to a Federal court, but is affirmed or dismissed by such court; or (3) is modified or reversed by the Supreme Court, or a rehearing is ordered. Provides procedural guidelines for review of a decision of the Court by the United States Court of Appeals for the Federal Circuit involved, providing that such Federal court shall have exclusive jurisdiction to review and decide any challenge to the validity of any statute or regulation or any interpretation thereof brought under these provisions and to interpret constitutional and statutory provisions. Provides that the judgment of such court shall be final, except that it may be subject to review by the Supreme Court upon certiorari. Prohibits the Court of Appeals from reviewing the facts of the appeal or the application of any law or regulation to those facts unless there is presented a constitutional issue. Provides general adjudicative authority of the VA with respect to claims made by veterans for benefits, including the following authority: (1) the right to reopen claims; (2) the right to obtain independent medical opinions; and (3) burden-of-proof standards. Authorizes the transfer of personnel and assets of the current Board of Veterans' Appeals to the Court of Veterans Appeals. Transfers any unexpended funds and any matters currently before the Board which have not been determined before the effective date of this Act. Provides for the appointment of the Chief Judge to the Court. Outlines provisions for the appointment of the remaining judges to such Court. Provides that persons who file a notice of disagreement with the VA with respect to a claims-benefit matter after the date of enactment of this Act are entitled to have the matter resolved subject to the provisions of the amendments made by this Act.
Bill· HRH.R. 5277 (100th)open
United States · United States Congress · 13 September 1988
Omnibus National Parks and Public Lands Act of 1988 - Title I: Public Lands - Authorizes the Secretary of the Interior (Secretary) to take necessary actions to exchange specified lands with Phillips County, Montana, if the Secretary determines such exchange to be in the public interest. Disclaims any intent to enlarge or diminish the responsibility of any party under State or Federal law for proper management of such lands or for management or actions related to hazardous substances or materials located on such lands. Requires the Secretary to advise appropriate Federal, State, and county officials, prior to consummating the exchange, of any information the Secretary has concerning hazardous substances or materials located on such lands. Directs the Secretary to: (1) resurvey and prepare a new plat for the townsite of Veteran, Wyoming, to take into account the actual use of streets and alleys on such lands for designation as public reservations; and (2) patent such reservation lands to Goshen County. Provides for an exchange of forest lands between Farmington City, Utah, and the Secretary of Agriculture. Directs the the Secretary of Agriculture, within three years of the date of enactment of this Act, to identify city or State lands which are suitable for transfer to the United States for national forest purposes. Specifies that any such lands exchanged shall be of equal value (as determined by the Secretary of Agriculture) or equalized by payment to or by the Secretary of Agriculture, as long as the payment does not exceed 25 percent of the total value of the lands transferred out of Federal ownership. Authorizes the Secretary of Agriculture, in lieu of such an exchange, to transfer by sale for fair market value such Federal lands to the city or State of Utah, as appropriate. Withdraws all public lands within Kanab City, Utah, from all forms of entry and appropriation under the public lands laws, including the mining laws, and from operation of the mineral and geothermal leasing laws. Terminates such withdrawal five years after the date of the enactment of this Act. Directs the Secretary of the Interior to determine which public lands withdrawn meet the disposal criteria specified in the Federal Land Policy and Management Act of 1976 and to notify Kanab City concerning such determination. Grants Kanab City, for the four-year period beginning on the date of enactment, the exclusive right to purchase any such withdrawn lands that the Secretary has determined to be suitable for disposal. Provides for the public sale of such lands after the expiration of such period, but gives Kanab City the opportunity to meet the high bid offered by any other party. Specifies that all such sales of public lands shall be for fair market value and subject to valid existing rights, as well as subject to any conditions to (or any patent issued in consequence of) such sale as the Secretary determines necessary or appropriate. Authorizes the Secretary to release and quitclaim to the city of Riverdale, Utah, for fair market value all right, title, and interest of the United States in specified property, provided that the city requests such action within one year after the enactment of this Act. Provides that all funds received by the United States shall be credited to the Land and Water Conservation Fund of the Treasury and shall be available for expenditure under the Land and Water Conservation Fund Act of 1965. Directs the Secretary to: (1) conduct a study to determine the feasibility and desirability of protecting and preserving lands and resources associated with the western terminus of the Oregon Trail in Oregon City, Oregon; (2) consult with interested Federal agencies and State and local bodies; (3) coordinate the study with applicable outdoor recreation plans and related plans for the preservation of historic and natural resources in the area; and (4) report his or her findings and recommendations to specified congressional committees. Authorizes appropriations. Directs the Secretary to convey specified lands to the Catholic Diocese of Reno/Las Vegas, Nevada, for administrative cost. Reserves a right-of-way and construction easement to the United States. Directs the Secretary to: (1) conduct a study to determine the feasibility of protecting and preserving certain cultural, historic, and natural resources associated with the coal mining heritage of southern West Virginia; (2) consult with interested Federal agencies, State and local government authorities, and nonprofit organizations; and (3) report to specified congressional committees. Specifies the area to be studied. Authorizes appropriations. Authorizes the Secretary of the Interior to permit entry on desert lands which are part of scenic easement areas of the Dinosaur National Monument, Utah, to certain applicants who convey certain scenic easements to the United States. Michigan Public Lands Improvement Act of 1988 - Grants to the State of Michigan the right, title, and interest of the United States in and to certain public uplands and islands in Michigan waters which were not subject to any claim on January 1, 1988. Allows the Secretary of the Interior to sell certain other lands which were subject to a claim identified on the records of the Bureau of Land Management as of that date to the claimants following resolution on conflicting claims. Deems title to public lands which, on the date of enactment of this Act, was subject to leases issued to the State of Michigan under the Recreation and Public Purposes Act to have vested in the State and to be exempt from Department of the Interior regulations governing leases under such Act. Allows the State to receive, under this Act, lands previously patented to the State under such Act by notifying the Secretary that it intends to relinquish such lands to the United States. Requires the Secretary to transfer such lands back to the State subject to the provisions of this Act, effective simultaneously with the States relinquishment of such lands. Authorizes the Secretary to sell and issue a patent to a tract of public land located in Michigan where the Secretary determines that: (1) such tract does not exceed 1,500 acres and is difficult and uneconomic to manage as part of the public lands and is not suitable for management by another Federal department or agency; and (2) such sale would not be inconsistent with land use plans developed in accordance with the Federal Land Policy and Management Act of 1976. Allows the Secretary, following adjudication of any claims, to convey such land at fair market value, less equities presented by an applicant for such conveyance (such as the amount paid for the land, longevity of the applicant's claim, and taxes paid on the land) and less the value of any improvements. Provides for the description of tracts of such land conveyed on the approved Federal plat of survey. Authorizes the Secretary to either: (1) convey title to a qualified trustee, where a tract does not conform to an existing survey plat, in order to conform the legal description to such plat; or (2) require the applicant to reimburse the United States for the cost of preparing a plat of survey. Prohibits the sale of such lands unless the Secretary, before 30 days prior to such sale, publishes notice in a newspaper of general circulation in the county where the tract is located. Reserves to the United States all mineral rights in the lands transferred under this Act. Prohibits the conveyance or transfer of such lands by Michigan to any person or entity other than a political subdivision of the State. Authorizes the use of such lands only for purposes of public recreation or protection of fish, wildlife, plants, or other natural resources and values. Directs the Secretary to take steps to notify Michigan residents of the uplands and islands to be granted or otherwise transferred to the State. Requires Michigan to notify the Secretary with regard to any grant or transfer or conveyance of such lands by the State to a political subdivision. Requires the State to submit to the Secretary a report within five years of enactment of this Act, and every five years thereafter, as to the present ownership, management, and use of the lands granted or otherwise transferred. Sets forth enforcement procedures. Declares that nothing in this Act shall be construed as affecting the jurisdiction or responsibilities of the State with respect to fish and wildlife in any lands granted to or transferred to the State under this Act. Makes a private land survey conducted in 1955 the legal boundary survey for specified lands in Riverside, County, California. Provides for the reinstatement of the canceled entry of William A. Wright to certain lands in Lamar County, Alabama. Waives the 160-acre limitation on conveyances under the Color-of-Title Act for any claim for a patent that may be filed under such Act for a specified parcel of land in Sumter County, Alabama. Declares that the Southern Pacific Transportation Company has abandoned certain real property situated in Alameda County, California, forming a part of the right-of-way granted by the United States to the Central Pacific Railway Company. Retains all Federal right, title, and interest in such property for management by the Secretary of the Interior as a public recreational trail, and for other recreational purposes compatible with trail use. Exempts specified property embraced within a certain public highway from such Federal interest. Reserves to the United States all oil, coal, or other minerals in such property, including prospecting, mining, and removal rights. Restricts to public highway and related uses under California law that portion of the property embraced within a certain public highway. States that all rights and interests revert back to the United States if: (1) any portion of such property is used for purposes unauthorized by this Act; or (2) if an attempt is made to transfer ownership of such property to any party other than the State of California. Mandates that lands within the Toiyabe National Forest (California) which have been used for purposes of the U.S. Marine Corps Mountain Corps Mountain Warfare Training Center be retained as part of such National Forest. Directs the Secretary of Agriculture to continue to make such lands available to the Marine Corps for such training center. Directs that such lands be open to public recreation and other uses consistent with the primary purpose of the Mountain Warfare Training Center. Directs the Secretary of the Interior, subject to valid existing rights, to transfer specified lands to Clark County, Nevada, for use as a mobile home park for low-income senior citizens. Reserves mineral rights and the right of reversion to the United States. Directs the Secretary to take such actions as appropriate to: (1) reserve rights-of-way and easements for road, public utility, and flood control purposes; and (2) protect the public interest. Transfers specified public lands in Nevada to the Secretary of Agriculture for inclusion in the Toiyabe or the Inyo National Forest. Transfers specified national forest lands to the Secretary of the Interior. Requires lands designed for inclusion in such Forests to be managed so as not to impair their suitability for wilderness designation. Excludes such additional national forest lands from calculations for interstate (California and Nevada) but not intrastate (Nevada) distribution of the Twenty-Five Percent Fund. Authorizes the Secretary to transfer land known as Wilbur Square to Boulder City, Nevada. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to authorize the Secretary of the Interior to allow the temporary use for specified military purposes of certain public lands in Alaska for up to three years. Limits the use of public lands to areas where such use would not be inconsistent with the plans prepared pursuant to the FLPMA. Makes the using department responsible for any necessary cleanup and decontamination of the lands used and for any other terms and conditions which the Secretary may impose to minimize adverse impacts on the resources and values of such lands. Provides for notification of the public where public safety may require closure to public use of any portion of such lands. Recreation and Public Purposes Amendment Act of 1988 - Allows the Secretary of the Interior to convey lands which may be used by the applicant for the disposal of solid wastes or hazardous substances only if: (1) the Secretary determines that no hazardous substance is present on such land; (2) the applicant furnishes evidence that a copy of the application and information concerning the proposed use of such land has been provided to the Environmental Protection Agency and certain other State and Federal agencies; (3) the applicant gives a warranty that use of such land will be consistent with applicable State and Federal laws and that the applicant will hold the United States harmless from any liability; and (4) the applicant demonstrates that the land meets applicable State and local requirements and needs for solid waste or hazardous substance disposal. Provides for a limited reverter which shall become permanent unless the lands have been used for the purposes specified in the application within five years after the date of conveyance. Requires any party who has transferred ownership of any conveyed lands not used for such specified purposes to pay to the Secretary fair market value for such lands. Provides that no lands covered by an issued patent shall revert to the United States if such lands have been used for the disposal of solid waste or hazardous substances. Authorizes the Secretary, with respect to lands conveyed prior to enactment of this Act, to renounce the United States' reversionary interests in such lands upon finding that lands have been used for the disposal of solid waste or hazardous substances. Authorizes the Secretary, with respect to lands leased prior to enactment of this Act, to convey in fee such leased lands without any provision for reversion to the United States upon finding that such lands have been used for the disposal of solid waste or hazardous substances. Establishes the San Pedro Riparian National Conservation Area, Arizona. Directs the Secretary of the Interior to develop, within two years, a comprehensive management plan for such area to protect the natural riparian, wildlife, cultural, and recreational resources. Prohibits the issuing of new grazing permits for such area for 15 years. Directs the Secretary to establish a San Pedro Riparian National Conservation Area Advisory Committee. Permits the Secretary to acquire land interests within the Area. Requires the Secretary to report within five years, and every ten years thereafter, to the House Interior and Insular Affairs Committee and the Senate Energy and Natural Resources Committee on the implementation of this Act. Authorizes appropriations. Title II: Rivers and Trails - Amends the Wild and Scenic Rivers Act to designate Wildcat River, New Hampshire, as a component of the National Wild and Scenic Rivers System. Directs the Secretary of Agriculture to establish a Wildcat River Advisory Commission to assist in implementing this Act. Terminates such commission ten years after enactment of this Act. Authorizes appropriations. Directs the Secretary of the Interior to permit access across the Buffalo National Park, Arkansas, to certain owners of privately owned lands (as of September 1, 1987) outside the park on an annual basis. Amends the National Trails System Act to provide for a study of the Coronado Trail, the route taken by the Spanish explorer through Arizona, New Mexico, Texas, Oklahoma, and Kansas, for inclusion in such System. Requires the Secretary of the Interior to prepare a comprehensive river conservation study for a specified segment of the Columbia River, Washington. Requires the study to identify and evaluate the outstanding features of the river segment, including fish and wildlife, scenic, recreational, natural, historical, and cultural values, and examine alternatives for their preservation. Requires the Secretary to consult with State, local, and tribal governments with respect to the study and to provide for public comment. Prohibits any Federal agency, for a period of eight years after enactment of this Act, from constructing any dam, channel, or related navigation project on the river segment. Authorizes appropriations. Title III: National Park System - Designates certain lands within the Congaree Swamp National Monument, South Carolina, as the Congaree Swamp National Monument Wilderness. Designates certain other lands within the Monument as potential wilderness additions. Increases the acreage of the Monument to include an area known as the "Citizens Boundary Proposal for Congaree Swamp National Monument." Provides additional funds for the acquisition of additional lands for such Monument. Authorizes appropriations for construction and development within the Monument. Establishes the Zuni-Cibola National Historical Park in New Mexico. Authorizes the Secretary of the Interior to accept a leasehold interest in trust lands of the Zuni Indian Reservation which are necessary for the establishment of such park. Provides for the management of the park by the Secretary. Authorizes the Secretary to accept concurrent jurisdiction from the Zuni Tribe with respect to law enforcement within the park. Exempts all enrolled members of the Tribe from the payment of park admission fees. Authorizes the Secretary to enter into cooperative agreements with the Tribe for the purpose of providing training to Zuni members in the management and preservation of historical properties and needed public services on the Reservation. Directs the Secretary to give employment preference to tribal members with respect to park management. Sets forth requirements with respect to Federal agency activities affecting the park. Establishes the Zuni-Cibola National Historical Park Advisory Commission within the Department of the Interior. Provides that such Commission shall advise the Director of the National Park Service in the planning, management, and administration of the park. Authorizes the Commission to employ an administrative director. Directs the Secretary to develop and transmit a park management plan to the House Committee on Interior and Insular Affairs, the Senate Committee on Energy and Natural Resources, and the Senate Select Committee on Indian Affairs. Authorizes the Secretary to close the park to the public when tribal religious activities are scheduled. Includes the Zuni-Cibola National Historical Park as an area to be accessed by the Masau Trail. Authorizes appropriations. Establishes the Mississippi National River and Recreation Area along the Mississippi River in the St. Paul-Minneapolis Metropolitan Area, Minnesota. Establishes the Mississippi River Coordinating Commission to assist Government authorities in developing and implementing a management plan for such lands and waters. Requires the Commission to submit a plan, within three years, to the Governor of Minnesota and the Secretary of the Interior for review and approval. Requires the Secretary to monitor such Area in the interim. Terminates the Commission after ten years. Authorizes the State, following the termination, to establish a State Commission to take over such Commission's functions. Transfers Federal property within the Area to the Secretary, except for Army Engineer facilities for navigation and other buildings or structures currently in use. Requires Federal entities to notify and receive the approval of the Secretary before engaging in any activities in or affecting such Area. Authorizes the Secretary to acquire land and interests in such Area, as specified. Requires the Secretary to review local plans and ordinances and their enforcement to assure conformance to the plan. Permits the Secretary to acquire lands without the owner's consent after appropriate notice and opportunity to cure a nonconforming plan or ordinance. Permits owners of acquired improved residential property to retain the right to residential use for 25 years or the owner's death. Sets forth other terms and conditions for such use. Authorizes the Secretary to make grants for land acquisition and to provide technical assistance for programs. Authorizes appropriations. Directs the Secretaries of the Army and the Interior to appoint representatives to a Tri-Rivers Management Board to coordinate development of the Mississippi, St.-Croix, and Minnesota Rivers within the St. Paul-Minneapolis Metropolitan Area, Minnesota. Authorizes appropriations. Establishes the Natchez National Historical Park in Mississippi. Authorizes the Secretary of the Interior to acquire land for such park by donations or exchange. Requires the Secretary to transmit to the House Committee on Interior and Insular Affairs and the Senate Committee on Energy and Natural Resources a study of historic properties in the city of Natchez. Directs the Secretary, following completion of such study, but not later than one year after enactment of this Act, to establish historic districts in the city of Natchez. Authorizes the Secretary to enter into cooperative agreements with owners of properties located within such historic districts. Requires the Secretary, within three complete fiscal years after enactment of this Act, to submit to such congressional committees a general management plan for the park. Requires the Secretary to study the feasibility of extending the Natchez Trace within the city of Natchez, including acceptance of donations of rights-of-way. Requires the Secretary, within one year after enactment of this Act, to transmit such study to such congressional committees. Establishes the Natchez National Historical Park Advisory Commission to consult with the Secretary on the management and development of the park. Authorizes appropriations. Directs the Secretary of the Interior to acquire two parcels of land in Florida under authority of the Act to establish the Canaveral National Seashore. Directs the Secretary to manage such parcels for: (1) the protection and interpretation of Seminole Indian archaeological and historic resources; and (2) the establishment of an administrative headquarters and visitor center for the Seashore. Increases appropriations authorized for the development of public facilities for the Seashore. Authorizes appropriations to carry out this Act. Removes the restriction which prohibits the Secretary of the Interior from acquiring in fee by purchase or condemnation more than 600 acres of Antietam National Battlefield, Maryland. Amends the National Parks and Recreation Act of 1978 to remove additional restrictions which authorized only certain scenic easement acquisitions. Establishes the Hamilton Grange National Memorial in the State of New York. Authorizes the Secretary of the Interior to: (1) acquire land, interests therein, and improvements thereon within the boundaries of the memorial by donation; (2) reimburse the owner of such property a specified amount for administrative costs for the transfer; and (3) acquire associated personal property. Directs the Secretary to: (1) administer the memorial as a unit of the National Park System; and (2) submit a general management plan to specified congressional committees within three complete fiscal years after enactment of this Act. Authorizes appropriations. Establishes the Poverty Point National Monument in Louisiana. Requires the Secretary of the Interior, within two years after enactment of this Act, to develop and implement a management plan for such monument. Authorizes the Secretary to enter into cooperative agreements with institutions of higher education and professional societies to conduct further research on Poverty Point, its people, and their culture. Authorizes the Secretary to acquire lands for the establishment of such monument. Establishes the Poverty Point National Monument Advisory Commission. Authorizes appropriations. Prohibits the use of Federal lands to expand any reservoir within Yosemite National Park without specific congressional authorization. Establishes the Delaware and Lehigh Navigation Canal National Heritage Corridor in the Commonwealth of Pennsylvania. Establishes the Delaware and Lehigh Navigation Canal National Heritage Corridor Commission to assist appropriate Federal, State, and local authorities in the development and implementation of an integrated resource management plan for the Corridor. Directs the Commission, within one year after it conducts its first meeting, to submit to the Secretary of the Interior a Cultural Heritage and Corridor Management Plan which: (1) provides an inventory of Corridor property to be preserved and restored because of its national historic or cultural significance; (2) develops a historic interpretive plan; and (3) recommends policies for resource management of the Corridor. Terminates the Commission in five years, with a possible five-year extension. Requires the Secretary to approve or disapprove the Commission's Plan within 60 days after its receipt. Directs the Secretary, following plan approval, to assist the Commission in producing interpretive materials. Requires any Federal entity conducting activities affecting Canal flows or Corridor natural resources to consult and cooperate with the Secretary and the Commission. Authorizes appropriations. Authorizes the Secretary of the Interior to designate the New Jersey Coastal Heritage Route, a vehicular tour route along existing public roads linking natural and cultural sites in New Jersey. Directs the Secretary to complete and report to the appropriate congressional committees within one year a comprehensive inventory of route sites and a general plan. Requires intergovernmental consultation and public participation in the preparation of such inventory and plan. Authorizes the Secretary to provide technical assistance in the development of interpretive materials and conservation methods. Requires that the route be marked with appropriate markers for the public. Authorizes appropriations. Directs the Secretary of the Interior to establish the National Park of American Samoa. Provides for the management of such park. Directs the Secretary to establish an Advisory Board to provide advice on such management. Requires the Secretary and the Governor of American Samoa to review, at least once every ten years, the operation and management of the park. Authorizes appropriations. Amends the National Parks and Recreation Act of 1978 to direct the Secretary of the Interior to study and recommend appropriate initiatives to provide an educational and interpretative program for the Pinelands National Reserve, New Jersey. Requires the Secretary to study New Jersey's Pinelands Development Credit Bank, Pinelands Development Credit System, and Pinelands Municipal Council and submit to the Congress any recommendations for the improvement of their operations. Provides Federal lands for 50 percent of the cost for land acquisition within the Reserve. Establishes in the Department of the Interior the Southwestern Pennsylvania Heritage Preservation Commission to make loans or grants to preserve and protect sites which are related to the industrial development of southwestern Pennsylvania. Requires the Commission to coordinate government activities and develop project guidelines and standards consistent with standards established by the National Park Service for the preservation of historic properties. Requires the Commission to report annually to the Secretary of the Interior on loans, grants, expenses, and income. Requires the Secretary to report annually to the Congress on loans, grants, and other technical assistance provided under this Act. Directs the Commission to require and submit to appropriate congressional committees detailed cost estimates for projects to be funded. Terminates the Commission in ten years. Authorizes appropriations. Makes such funds available only to the extent they are matched by equivalent funds from non-Federal sources. Directs the Secretary of the Interior to designate a vehicular tour route in southwestern Pennsylvania, to be known as the Southwestern Pennsylvania Industrial Heritage Route, linking sites of historic, cultural, natural, and recreational interest. Authorizes the Secretary to erect informational markers, to accept donations of informational devices, and to provide technical assistance in the development of interpretive devices and materials. Authorizes appropriations. Prohibits using such funds for the maintenance of roads or related structures. Includes specified lands within the boundary of the Guadalupe Mountains National Park, Texas. Authorizes appropriations for the construction of a fence to protect the natural and cultural resources of such lands. Redesignates the Salinas National Monument, New Mexico, as the Salinas Pueblo Missions National Monument. Authorizes the Secretary of the Interior to acquire certain lands within the John Muir National Historic Site, California, to be administered as part of the Site. Directs the Secretary to acquire only such interests in the John Muir grave Site as may be necessary to preserve the Site in its present undeveloped condition and to provide maintenance of the Site. Authorizes appropriations. Authorizes the Secretary, acting through the Director of the National Park Service, to enter into a cooperative agreement with the East Bay Regional Park District of Oakland, California, for the operation and maintenance by such District of trails on lands within such historical site. Increases the authorization of appropriations for the acquisition of land for the Women's Rights National Historical Park in Seneca Falls and Waterloo, New York. Title IV: Miscellaneous Provisions - Authorizes the Secretary of Agriculture to establish the Lewis and Clark National Historic Trail Interpretive Center. Specifies lands to be donated by the State of Montana for the establishment of such center. Provides that such lands shall revert to the State of Montana if the Secretary uses such lands for any purpose other than those authorized under this Act. Requires the Secretary to administer the Center in a manner that will best provide for the interpretation of the accomplishments of the Lewis and Clark Expedition along the Lewis and Clark National Historic Trail in Montana. Directs the Secretary, within two years after the establishment of the Center, to submit to specified House and Senate committees a plan for development and interpretation of the Center. Authorizes the Secretary to enter into: (1) cooperative agreements with the State of Montana for rescue, firefighting, and law enforcement services with respect to the Center; and (2) cooperative agreements with Federal, State, or local public agencies for the development and operation of facilities and services in furtherance of this Act. Encourages the Secretary, with Montana, to develop a cooperative management plan for the entire Giant Springs Park. Authorizes and directs the Secretary to enter into an agreement with the Portage Route chapter of the Lewis and Clark Heritage Foundation or a similarly affiliated organization to provide educational materials to the public that highlight the travels of Lewis and Clark or other historical features of the area. Authorizes appropriations, including specified sums for the construction of the Center. Requires the Secretary of the Interior to act through the Bureau of Land Management (the National Park Service under current law) to construct and operate a visitor facility in or near Fort Benton under the Missouri River area management plan. Amends the Archaeological Resources Protection Act of 1979 (the Act) to revise the definition of "archaeological resource" to eliminate the condition that an item be "of archaeological interest." Prohibits attempts at (as well as acts of) excavation, removal, damage, or other alteration or defacement of any archaeological resource located on public or Indian lands, without a permit. Lowers to $500 (currently $5,000) the threshold commercial or archaeological value of an archaeological resource (including cost of restoration or repair) above which, for certain violations of the Act, specified criminal penalties are mandated. Directs each Federal land manager to: (1) establish a program to increase public awareness of the significance of, and the need to protect, archaeological resources located on public lands and Indian lands; and (2) report annually to specified congressional committees on actions taken under such program. Designates specified lands in the Olympic National Park, Washington, as the Olympic Wilderness and a component of the National Wilderness Preservation System. Authorizes the Secretary of the Interior to maintain and replace, as appropriate, the Wolf Creek underground powerline to Hurricane Ridge. Authorizes funds to the Secretary to make payment to the Clallam County Historical Society and Museum of Port Angeles, Washington, as compensation for: (1) its interest in the National Park Service visitor center, Pioneer Memorial Museum, and Olympic National Park, Washington; and (2) its participation in the construction of the Pioneer Memorial Museum. Revises provisions relating to the forfeiture of property used in connection with killing, trapping, capturing, or damaging animals or plants in the Park. Directs the Secretary to complete a study for the location of a year-round visitor center in the Kalaloch area of the Olympic National Park. Designates specified lands in the North Cascades National Park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area, Washington, as the Stephen Mather Wilderness and a component of the National Wilderness Preservation System. Provides that no law shall affect the jurisdiction of the Federal Power Commission to proceed with specified hydroelectric projects within the Park. Authorizes the Secretary to acquire lands outside of the Park for the construction of a back country information center and a headquarters site for such park, Ross Lake National Recreation Area, and Lake Chelan National Recreation Area. Authorizes appropriations. Revises provisions relating to mineral resources and renewable natural resource use within the recreation areas of the Park. Designates specified lands in the Mount Rainier National Park, Washington, as the Mount Rainier Wilderness and as a component of the National Wilderness Preservation System. Sets forth provisions relating to the administration of the wilderness areas and Park lands. Authorizes the Secretary to maintain and replace as necessary the powerline from Longmire to Paradise. Amends the Wild and Scenic Rivers Act to set forth provisions regarding the boundaries of the Klickitat River, Washington. Directs the Secretary of Agriculture or the Secretary of the Interior, as appropriate, to take such actions as are necessary to protect cave resources on Federal lands, including: (1) restricting the use of such resources; (2) entering into volunteer management agreements with the caving community; and (3) appointing advisory committees. Requires that such resources be considered in subsequent land management plans. Authorizes the Secretary to disturb such resources and to exempt certain caves on Federal or Indian lands from the protections of this Act if deemed appropriate. Restricts the release of information concerning the nature or location of any Federal cave. Requires the Secretary to provide such information to the Governor of a State in which a cave resource is located and permits such release to a bona fide research institution if requested in writing along with a commitment to protect the confidentiality of such information. Establishes a permit program for the collection or removal of natural resources from caves on Federal or Indian lands. Requires a permittee to post a bond or cash deposit to offset potential damage and to ensure compliance with this Act. Revokes permits for violations of this Act or permit conditions. Requires the Secretary of the Interior to delegate permit authority to an Indian tribe for caves on Indian lands at a tribe's request. Requires a tribe's permission before the removal of any cave resource on such tribe's land. Entitles a tribe to notice before the issuance of a permit if the Secretary determines that possible harm or destruction of a religious or cultural site may occur. Excludes Federal cave resources within the National Park or Wildlife Refuge Systems from this program. Imposes criminal penalties for the alteration of a cave or interference with cave resources, including the sale or exchange of cave resources removed without permission. Establishes civil penalties for violations of this Act or permit conditions. Authorizes appropriations. Places permit fees and fines in a special fund in the Treasury for cave resource management. Requires each Secretary to issue regulations implementing the provisions of this Act.
Bill· HJRESH.J.Res. 651 (100th)referred
United States · United States Congress · 13 September 1988
Designates the week of December 11 through December 17, 1988, as National Drunk and Drugged Driving Awareness Week.
Law· HJRESH.J.Res. 649 (100th)enacted
United States · United States Congress · 9 September 1988
Designates October 15, 1988, as National Fire Fighters Day.
Bill· HJRESH.J.Res. 647 (100th)referred
United States · United States Congress · 7 September 1988
Designates September 24, 1989, as United States Marshals Bicentennial Day.
Bill· HRH.R. 5207 (100th)referred
United States · United States Congress · 11 August 1988
Amends the Rehabilitation Act of 1973 to authorize the Director of the National Institute on Disability and Rehabilitation to conduct a research program to finance development of advanced technology prosthetic and orthotic devices by Federal, State, and local government agencies and qualified private organizations. Requires such program to include research on: (1) the development of lower and upper limb devices; (2) useful applications of modern materials; and (3) new methods of utilizing body power. Allows such grants to include funds for: (1) continuing education in prosthetics and orthotics; and (2) establishing Colleges of Prosthetics and Orthotics. Directs the Secretary of Education to prescribe regulations for such program within 90 days after enactment of this Act. Authorizes appropriations for FY 1990 and 1991.
Resolution· HCONRESH.Con.Res. 339 (100th)referred
United States · United States Congress · 14 July 1988
Resolves that the Congress should implement policies under which: (1) the Bell operating companies would be permitted to provide information services, conduct research, design and market software, and design, manufacture, and market telecommunications equipment and customer premises equipment; and (2) statutory safeguards would ensure that these Bell activities would not harm telephone service customers or competition in the information services or manufacturing industries and would prevent cross subsidies between regulated and unregulated service offerings.
Bill· HRH.R. 5055 (100th)referred
United States · United States Congress · 14 July 1988
Provides that if a reduction-in-force is required with respect to employees of the Tennessee Valley Authority who are covered by a collective bargaining agreement, then such reduction-in-force shall be implemented, to the extent practicable, in accordance with the agreement in lieu of any regulation which gives effect to efficiency or performance ratings of employees.
Bill· HJRESH.J.Res. 613 (100th)referred
United States · United States Congress · 14 July 1988
Designates the week beginning March 7, 1989, as Deaf Awareness Week.
Law· HRH.R. 5015 (100th)enacted
United States · United States Congress · 12 July 1988
Drought Assistance Act of 1988 - Title I: Emergency Livestock Assistance - Amends the Agricultural Act of 1949 to add a new title VI which may be cited as the "Emergency Livestock Feed Assistance Act of 1988." Directs the Secretary of Agriculture to provide emergency feed assistance in any State, county, or area of a State where disease or other natural disaster has created a livestock emergency. States that the Governor of a State or a county committee may request the Secretary to make a livestock emergency determination and to provide assistance. Authorizes the Secretary to make such determination on his own initiative. Requires the Secretary to make such determination within 30 days of request and to notify the requesting party of any proposed action. States that producers in counties eligible for the emergency feed or emergency feed assistance programs in 1988 shall maintain such eligibility and be eligible for assistance under this title. Directs the Secretary to determine such counties' eligibility for assistance under this title. States that an eligible producer may receive assistance as follows: (1) assistance to offset inadequate feed stocks resulting from on-farm losses; and (2) assistance to maintain foundation herds if the producer does not have, and is unable to obtain through normal channels without undue cost, necessary feed stocks. Sets forth the following assistance programs available under this title: (1) Commodity Credit Corporation (CCC) feed donations and reduced price sales; (2) partial reimbursement of feed purchase expenses; and (3) partial reimbursement of transportation and handling costs for such CCC feed, for hay, and for transporting livestock to and from available grazing areas (not to exceed $24 a head). Permits the Secretary to: (1) make in-kind payments; and (2) provide assistance through feed dealers or manufacturers. Authorizes the Secretary to provide the following additional assistance if necessary: (1) CCC feed donations for stranded and unidentified livestock, including transportation costs; (2) water assistance; and (3) CCC catalog commodities in lots appropriate to family farmers. Limits total assistance under this title for each livestock disaster to any one person to $50,000. Subjects each person (including individual members of a cooperative producer association) to the overall payment limitation ($100,000) under this Act. Prohibits a person from receiving assistance under this title for lost feed production due to the 1988 drought to the extent that such person receives production disaster payments under this Act. Subjects persons who misuse such assistance to a civil penalty equal to the market value of the involved fee, and a fine of up to $1000 or imprisonment for up to one year, or both. Amends the Agricultural Act of 1949 to repeal the Secretary's authority to reduce 1989 milk price supports (50-cents per hundredweight). Title II: Disaster Payment - Provides that, for producers of the 1988 crops of wheat, feed grains, upland cotton, extra long staple cotton, or rice who participated in the production adjustment program under the Agricultural Act of 1949, the Secretary shall make disaster payments to those producers who have suffered at least 35 percent production losses due to the 1988 drought or related condition. States that such payments shall be made at a rate equal to 65 percent of the established price for deficiencies below 65 percent. Exempts such producers from advance deficiency repayments for up to 35 percent of crop losses. Permits eligible producers who had elected not to receive such payments prior to enactment of this Act to change their decision. Provides similar disaster payments to producers who did not participate in such production adjustment program. Bases payments on the basic county loan rate (or comparable price). Provides similar disaster payments to producers of the 1988 crops of peanuts, tobacco, sugar beets, and sugarcane. Bases payments for peanuts and tobacco on the basic county loan rate (or comparable price), and for sugar beets and sugarcane on 1988 price support levels. Provides for prevented planting credit. Sets forth special payment provisions for peanuts, including deficiency payments based on quota and additional peanuts. Provides similar disaster payments to producers of the 1988 soybean and nonprogram crops. Bases payments on a specified percentage of the average market price received in three of the last five years (excluding high and low years). Provides for prevented planting credit. Reduces payments to producers with Federal crop insurance under a specified crop-type determination. Authorizes the Secretary to transfer CCC funds during FY 1988 to the Agricultural Stabilization and Conservation Service to carry out the provisions of this title. Directs the Secretary, within 15 days after enactment of this Act, to announce the terms by which producers may prove their yield on crops harvested for silage or other forage uses. Directs the Secretary to make disaster payments under this title in the form of cash, commodities, or commodity certificates. Limits individuals to $100,000 in disaster payments. Limits a person to $100,000 of combined assistance for crop disaster assistance and livestock disaster assistance. Permits a person to elect which form of assistance to receive. Prohibits a person from receiving disaster payments attributable to 1988 drought-caused crop losses to the extent that such person receives livestock emergency benefits for such lost production under the Agricultural Act of 1949. Title III: General Provisions - Subtitle A: Commodity Stock Adjustment - Amends the Agricultural Act of 1949 to authorize the Secretary, if an acreage limitation program is in effect for 1989 and 1990, to permit producers to plant soybeans or sunflowers on between ten percent and 35 percent of permitted crop acreage. Expresses the sense of the Congress that the Secretary should provide export assistance for cottonseeds and sunflower seeds if such crop prices are adversely affected by soybean and sunflower plantings under this title. Directs the Secretary to permit producers to designate any portion of their 1989 or 1990 farm acreage base for oats if the feed grain acreage base for such years is less than 12.5 percent. Expresses the sense of the Congress that, with respect to the 1989 and 1990 feed grain crops, if such crops' acreage limitation percentage exceeds 12.5 percent the Secretary should establish the lowest possible oats acreage limitation if market imbalances for barley and oats exist. Provides that, effective for the 1988 marketing year for wheat and feed grains, producers may repay specified commodity loans without additional interest or other specified charges if the producer reserve program trigger level has been met. Provides that, if during the 1988 marketing year the Secretary permits producers to place wheat and feed grains into the producer reserve, no storage payments nor interest forgiveness shall be permitted on such stored commodities during the marketing year. Subtitle B: Disaster Credit and Forbearance - Directs the Secretary to ensure, to the maximum extent practicable, that Farmers Home Administration direct operating loans for 1989 crop production are made available to producers suffering major losses resulting from the 1988 drought or related condition. Directs the Secretary to make available in FY 1989 specified operating loan guarantees, in addition to existing purposes for such guarantees, to refinance and reamortize 1988 operating debt resulting from major farming or ranching losses resulting from the drought or related condition. Expresses the sense of the Congress that the Secretary should exercise forbearance in debt collection and encourage similar actions by commercial lenders and expedited loan restructuring with respect to producers suffering major drought losses. Subtitle C: Conservation and Water Assistance - Provides that with respect to a producer who harvested hay during the 1988 crop year on conservation reserve program acreage, such producer's rental payments shall not be reduced to the extent that he or she shares the cost of carrying out practices designed to enhance soil, water, and wildlife conservation on such land (or in the vicinity of such land) in accordance with a Soil Conservation Service approved plan. Authorizes the Secretary to: (1) undertake water-problem related projects, including research, grants, technical assistance, loans, and extension services; (2) cooperate with other Federal agencies, State or local units, or public or private entities; and (3) accept funds from non-Federal sources to carry out such activities. Authorizes appropriations. Subtitle D: Rural Businesses - Directs the Secretary to make rural industrialization loans or loan guarantees during FY 1989 to assist rural businesses (including cooperatives) adversely affected by the 1988 drought or related condition. Requires any such loan to meet applicable Consolidated Farm and Rural Development Act eligibility requirements. Directs the Secretary, within 90 days of enactment of this Act, to conduct a survey of agriculture-related rural businesses to determine the adverse effects of the 1988 drought and report to the appropriate congressional committees.
Bill· HJRESH.J.Res. 609 (100th)referred
United States · United States Congress · 12 July 1988
Prohibits the proposed sale of F/A-18C/D aircraft, Cluster bomb units, and Sidewinder, Sparrow, Harpoon, and Maverick missiles to Kuwait.
Bill· HJRESH.J.Res. 607 (100th)referred
United States · United States Congress · 12 July 1988
Designates October 8, 1988, as National Day of Outreach to the Rural Disabled.
Law· HRH.R. 4992 (100th)enacted
United States · United States Congress · 7 July 1988
Directs the Federal Communications Commission to establish and implement a telecommunications relay system to increase access to Federal departments and agencies for users of Telecommunications Devices for the Deaf (TDDs). Requires the system and its associated plans to include: (1) expansion of the existing relay system to a prescribed minimum service level; (2) accessibility of TDDs in Federal agencies; (3) publication of a TDD directory of Government access numbers; (4) adoption and display of logos identifying TDD stations; and (5) support for the development of cost-reducing technologies. Directs the FCC to complete its existing inquiry concerning an interstate relay system for TDD users. Requires that the Congress install TDDs and assure their accessibility in congressional offices as soon as practicable. Authorizes appropriations.
Bill· HJRESH.J.Res. 603 (100th)referred
United States · United States Congress · 30 June 1988
Designates September 14, 1988, as National Medical Research Day.
Bill· HRH.R. 4948 (100th)referred
United States · United States Congress · 29 June 1988
Directs the American Battle Monuments Commission to restore, operate, and maintain the Pacific War Memorial and other historical and memorial sites on Corregidor in the Republic of the Philippines. Specifies that the Commission may do so only after an agreement has been entered into between the United States and the Republic of the Philippines. Requires the Commission to carry out the purposes of this Act with private funds, except to the extent funds were appropriated pursuant to authorizations under this Act. Authorizes the Commission to solicit private contributions. Establishes a fund in the Treasury for the deposit of such contributions. Authorizes appropriations.
Bill· HRH.R. 4923 (100th)open
United States · United States Congress · 28 June 1988
Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to require a showing of proof by a preponderance of the evidence for a U.S. district court to issue orders to prevent and restrain violations of prohibited racketeering activities. Revises the civil action requirements for persons aggrieved by RICO violations. Permits governments as well as persons to bring such an action. Provides for the recovery of treble damages upon proof by a preponderance of the evidence: (1) where a government entity has been injured as a result of such violations; or (2) for persons injured by such violations, if a criminal conviction of the defendant is obtained. Allows a person aggrieved by a RICO violation to recover, upon proof by a preponderance of the evidence, punitive damages under certain circumstances. Lists factors to be considered in determining the amount of punitive damages, including: (1) the degree of culpability of the defendant; (2) any history of similar conduct by the defendant; and (3) the number of persons victimized. Provides for the recovery of punitive damages, upon proof by a preponderance of the evidence, for persons who suffer bodily injury as a result of a RICO violation that includes a crime of violence as a predicate act. Sets a statute of limitations for such actions of: (1) four years after the cause of action accrues; (2) four years after the conduct causing the injury terminates; (3) two years after the date of the criminal conviction (required for a treble damage cause of action); or (4) six years after the cause of action accrues if such action is brought by a specified official for the Federal Government or a State or local government. Provides an affirmative defense where the defendant acted in good faith and in reliance upon an official, directly applicable regulatory action, approval, or interpretation of law by an authorized Federal or State agency in writing or by operation of law. Provides that an action under this Act shall not abate on the death of the plaintiff or defendant and shall be enforceable against a receiver in bankruptcy. States that in a civil action which does not allege a crime of violence as a predicate act: (1) the term "racketeer" shall not be used in referring to any party; (2) "racketeering activity" shall be referred to as "unlawful activity"; and (3) "pattern of racketeering activity" shall be referred to as "pattern of unlawful activity." Describes offenses which are predicate acts constituting crimes of violence for purposes of a civil action alleging such crime. Amends the criminal penalties section of the RICO statute to provide for life imprisonment if the violation of such statute is predicated on an offense for which the maximum penalty includes life in prison. Sets forth additional predicate offenses. Provides for universal service of process. States that nothing in RICO shall be construed to confer jurisdiction on a State or local unit of government.
Resolution· HRESH.Res. 483 (100th)passed
United States · United States Congress · 23 June 1988
Declares that the House of Representatives honors the 24th Infantry Regiment of the U.S. Army for its service to the United States.
Bill· HJRESH.J.Res. 598 (100th)referred
United States · United States Congress · 23 June 1988
Designates the week of October 2 through October 8, 1988, as National Wild and Scenic Rivers Act Week, marking the 20th anniversary of the Act.
Bill· HJRESH.J.Res. 595 (100th)referred
United States · United States Congress · 22 June 1988
Designates the period of November 28 through December 5, 1988, as National Book Week.
Bill· HRH.R. 4861 (100th)referred
United States · United States Congress · 20 June 1988
Authorizes appropriations for FY 1989-1993 for grants to States for the establishment, expansion, and improvement of veterans' cemeteries.
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