United States · United States Congress · 4 January 1977
Surface Mining Control and Reclamation Act - Title I: Statement of Findings and Policy - Declares that most of the nation's coal reserve can only be mined by underground methods. Lists the purposes of this Act, including the establishment of a nationwide program to prevent adverse effects to society and the environment from surface coal mining. Title II: Office of Surface Mining Reclamation and Enforcement - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a Director appointed by the President. States that such Office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. States that the Office shall be considered an independent Federal regulatory body. Title III: State Mining and Mineral Resources Research Institute - Authorizes appropriations to the Secretary of the Interior of sums adequate to provide for each participating State $200,000 for fiscal year 1978, $300,000 for fiscal year 1979, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute or center at the school of mines of one public college or university of the State. Requires such monies to be matched dollar-for-dollar by the States. Authorizes appropriations of $15,000,000 for fiscal year 1978, such sum to be increased by $2,000,000 each fiscal year for six years thereafter, for specific projects in mining and mineral research in institutes. Directs the Secretary to establish a center for cataloging current and projected scientific research in mining and mineral resources. Requires the Secretary to appoint an Advisory Committee on Mining and Mineral Research for advice on all matters concerning mining and mineral resources research. Title IV: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury. Requires operators of coal mines to pay into the fund quarterly fees of $.35 per ton of coal produced by surface mining and $.15 per ton of coal produced by underground mining, or ten percent of the value of the coal in the mine, whichever is less. Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mine lands and for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines. Authorizes the Secretary of Agriculture to enter into agreements with landowners of water rights under which such landowners shall furnish a conservation and development plan and shall effect such plan in return for financial assistance from the Secretary of Agriculture of up to 80 percent of the cost of such a reclamation effort. Encourages States to acquire abandoned and unreclaimed land, and to transfer it to the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of the land price. Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land. Title V: Control of the Environmental Impacts of Surface Coal Mining - Directs the Secretary of the Interior to publish, within 180 days of the enactment of this Act, regulations which establish a permanent regulatory procedure and performance standards for surface coal mining and reclamation standards. Requires the Secretary to obtain the concurrence of the Administrator of the Environmental Protection Agency with respect to regulations concerned with air or water quality standards. Establishes a permit program to require mining operators to comply with environmental protection standards. Allows State control over surface mining permits if certain requirements are met. Authorizes the implementation of a Federal program if States fail to act. Permits State laws and regulations that are more stringent than those set forth pursuant to this Act. Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land. Stipulates that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage and a description of the reclamation activities. Requires the posting of performance bonds and possession of liability insurance by applicants for permits. Requires the establishment of coal exploration regulations by appropriate State and Federal authorities. Requires that such regulations include provisions for reclamation of lands disturbed in exploration activities. Imposes the following general environmental performance standards on surface mining operations as a condition of the issuance of a permit under this Act: (1) restoration of the land affected to a prior use, consistent with public health and safety; (2) restoration to the original contour of the land and backfilling, grading, and compacting the excess overburden and other waste materials to attain the lowest grade; (3) removal and segregation of topsoil in a separate layer where it is able to support vegetation; (4) minimization of disturbances to the hydrologic balance at the mine site and surrounding areas by eliminating or reducing toxic drainage, siltation, and contamination problems; (5) conformity with standards for the design and location of coal mine waste piles; and (6) establishment of a diverse, effective, and permanent vegetation on regraded areas. Stipulates that the regulatory authority shall make test borings of core samplings for mining operators with an estimated annual production of less than 250,000 tons of coal. Establishes additional requirements for steep-slope surface mining operations. Defines the term "steep-slope" to include any slope above 20 degrees or lesser slopes as may be defined by the regulatory authority. Directs the Secretary to promulgate rules and regulations directed at the surface effects of underground mining. Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides requirements for recordkeeping and submittal and monitoring by mine operators. Imposes civil penalties for violation of this Act or regulations under it. Establishes procedures for citizen suits and judicial review of actions under this Act. Establishes conditions under which mine operators may request a release of all or part of the performance bond. Requires public notice and hearings upon applications for such releases. Requires States to establish, as a condition of assuming primary regulatory control, a planning process designed to identify lands unsuitable for surface coal mining. Requires designation of lands as unsuitable if it can be shown that reclamation pursuant to the requirements of the Act is not feasible. Authorizes designation of lands as unsuitable where operations mining will: (1) be incompatible with land use plans or programs; (2) affect fragile or historic lands of significant historic, scientific or esthetic value; (3) affect renewable land resources with an impact on long-range food and water supply; and (4) increase a significant hazard to life and property, including the possibility of flood and earthquake damage. Prohibits surface coal mining operations on certain Federal lands, or within 100 feet of a public road or within 300 feet of a building or dwelling, unless the consent of the affected public or private interest is obtained. Requires implementation of a Federal lands program applicable to all surface coal mining and reclamation activities pursuant to Federal laws or taking place on Federal lands. Requires that coal exploration operations which substantially disturb the natural land surface on such lands be subject to a permit program established by the Secretary of the Interior. Requires separate regulations for programs for special bituminous coal surface mines that meet specified criteria, and for anthracite coal surface mines which are regulated by environmental protection standards of the States. Title VI: Designation of Lands Unsuitable for Noncoal Mining - Allows the Secretary to designate Federal lands unsuitable for mining materials other than coal, if they are predominantly urban or suburban in character or if such mining operations would have an adverse impact on lands used primarily for residential and related purposes. Title VII: Administrative and Miscellaneous Provisions - Defines the terms used in this Act. Prohibits discrimination against employees for filing suit under this Act and for testifying in a proceeding under this Act. Authorizes the Secretary to make annual grants to the States to assist the States in developing, administering, and enforcing State programs under this Act. Authorizes the Secretary to provide technical assistance and training, and assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation projects. Requires the Secretary to submit an annual report to the President and the Congress. Directs the Secretary to contract with the National Academy of Sciences-National Academy of Engineering for a study of surface coal mining conditions in Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to such operations in Alaska. Directs the Chairman of the Council on Environmental Quality to contract with the National Academy of Sciences-National Academy of Engineering and other groups for a study of the technology for surface and open-pit mining and reclamation for minerals other than coal designed to assist in the development of regulation for such operations. Directs the Secretary to consult with Indian tribes in studying the regulation of surface mining on Indian lands. Requires all surface coal mining operations on Indian lands to comply with requirements at least as stringent as specified provisions in this Act within 30 months from the enactment of this Act. Authorizes the appropriation of the following sums to carry out this Act: (1) for various contract authority, $10,000,000 per fiscal year for fiscal years 1978, 1979, and 1980; (2) for the performance of test borings by the regulatory authority, an amount reserved for such purpose from the Abandoned Mine Reclamation Fund not to exceed $40,000 per fiscal year; (3) for administrative and other purposes, $10,000,000 for fiscal year 1978, $20,000,000 for fiscal years 1979 and 1980, and $30,000,000 for fiscal years thereafter; and (4) for research and demonstration projects of alternative coal mining technologies, $35,000,000 for fiscal year 1978, and for the next four years. Stipulates that no new budget authority for fiscal year 1977 is authorized by the provisions of this Act.
United States · United States Congress · 4 January 1977
Amends the Interstate Commerce Act to authorize a motor carrier employee, or employee representative to request in writing that an investigation be conducted by the Secretary of Transportation when such individual believes that the employer has violated specified safety regulations. Requires the Secretary to conduct such an investigation upon a determination that there are reasonable grounds to believe that such a violation has occurred as soon as practicable and without notice to the alleged violator unless such notice is deemed necessary by the Secretary. Requires the Secretary to notify the employee or employee representative in writing of any disposition of the investigation. Directs the Secretary, upon a finding that a violation has occurred, to issue a citation to the violator in writing. Authorizes the Secretary to prescribe regulations for the issuance of notice in lieu of citations for de minimis violations. Stipulates that each day of such violation shall constitute a separate offense and that each citation shall include an assessment of a civil penalty of not less than $250 nor more than $1,000 for the first violation and not less than $500 nor more than $2,500 for any subsequent violation. Requires the National Transportation Safety Board to provide a hearing for individuals wishing to contest citations issued under this Act. Sets forth the review procedures for determinations by the Board. Authorizes the Secretary to order motor carriers to cease and desist from engaging in all or a specified portion of their operations in interstate commerce for up to 60 days when the Secretary finds that the carrier's operations will create an unreasonable risk of accident or injury. Sets forth the determinations to be made and the procedures to be followed in issuing such an order. Prohibits discrimination against employees who file complaints pursuant to this Act. Prohibits discrimination against employees who refuse to operate equipment subject to motor carrier safety regulations because of an apprehension of death or serious injury to themselves or others. Stipulates that such apprehension must be of such a nature that a reasonable person under the circumstances would conclude that there is a real danger of death or serious injury.
United States · United States Congress · 4 January 1977
Health Security Act - Title I: Health Security Benefits - Makes every resident of the U.S. (and every non-resident citizen when in the U.S.) eligible for covered services. Permits reciprocal and "buy-in" agreements for groups or non-resident aliens, and in some cases benefits to U.S. residents when visiting in other countries. Entitles every eligible person to have payments made by the Health Security Board for covered services provided within the United States by a participating provider. Extends coverage to all necessary professional services of physicians, wherever furnished. Extends coverage to: (1) comprehensive dental services (exclusive of most orthodontic services) for children under age 15, with the covered age group increasing by two years each year until all those under age 25 are covered; (2) inpatient and outpatient hospital services and services of a home health agency; and (3) pathology and radiology services as parts of institutional services. Limits payment for skilled nursing home care. Limits the psychiatric hospital benefit to 45 consecutive days of active treatment during a spell of illness. Extends coverage to two categories of drug use: prescribed medicines administered to inpatients or outpatients within participating hospitals; or to enrollees of comprehensive health service organizations, and drugs necessary for the treatment of specified chronic illnesses or conditions requiring long or expensive therapy. Requires the Board and the Secretary of Health, Education, and Welfare to establish two lists of approved drugs, taking into account the safety, efficacy and cost of each drug. Lists approved medicines available for use in institutions and by comprehensive health service organizations and those available for use outside such organized settings. Declares that the appliances benefit is similar in concept and operation to the drug benefit, subject to a limitation on aggregate cost. Extends coverage to professional services of optometrists and podiatrists, subject to regulations, and diagnostic or therapeutic services furnished by independent pathology laboratories and radiology services. Excludes from coverage: (1) health services furnished or paid for under a workmen's compensation law; and (2) services of a professional practitioner if they are furnished in a hospital which is not a participating provider. Requires that participating providers meet standards established in this title or by the Board. Makes professional practitioners licensed when the program becomes eligible to practice in the State where they are licensed and requires that all newly licensed applicants for participation meet national standards established by the Board in addition to existing State standards. Establishes conditions of participation for general hospitals. Makes psychiatric hospitals eligible to participate only if the Board finds that the hospital is engaged in furnishing active diagnostic, therapeutic and rehabilitative services to mentally ill patients. Establishes conditions of participation for skilled nursing homes similar to those established for extended care facilities under Medicare. Makes provisions for the participation of home health service agencies. Allows the participation of the following as providers of health services under this Act: (1) a health maintenance organization which undertakes to provide an enrolled population either with complete health care or, at least, with complete health security services (other than institutional services, mental health or dental services) for the maintenance of health and the care of ambulatory patients; (2) a foundation sponsored by a county or other local medical society; and (3) community health centers or the like which, though furnishing services as comprehensive as are required by this Act, do not serve an enrolled or otherwise predetermined population and may not meet other requirements of this Act. Authorizes the Board to deal separately with the primary care portion of a system of comprehensive health care where it is necessary to rely on arrangements with other providers. Permits the Board to contract directly with public or other nonprofit mental health centers and mental health day care services. Specifies the conditions under which independent pathology laboratories, independent radiological services, and providers of drugs, devices, appliances, equipment, or ambulance services may qualify as providers under Health Security. Requires that a participating skilled nursing home have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information as medically appropriate. Prohibits in malpractice judgments any damages to be awarded to the injured party for the cost of medical services which he is entitled to receive under this Act. Excludes the institutions of the Department of Defense and the Veterans Administration, and institutions of the Department of Health, Education, and Welfare serving merchant seamen or Indians or Alaskan natives, from serving as participating providers, as well as any employee of these institutions when acting as an employee. Allows reimbursement for any services furnished by such institutions or agencies to eligible persons who are not a part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist, licensed in one State and meeting the national standards, to furnish Health Security benefits in any other State. Grants similar authority to other professional and nonprofessional health personnel. Establishes the Health Security Trust Fund, to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 100 percent of the yield from these taxes. Directs that three separate accounts be established in the Health Security Trust Fund: a Health Service Account, a Health Resources Development Account, and an Administration Account. Make provision for allocation of the Health Services account among the regions of the country. Stipulates that the allocation to each region shall be based on the aggregate sum expended during the most recent 12-month period for covered services (with appropriate modification for estimated changes in the consumer price index, the expected number of eligible beneficiaries, and estimated changes in the number of participating providers). Directs the Board to divide the allocation to each region into funds available to pay: institutional services; physician services; dental services; furnishing of drugs; furnishing of devices, appliances, equipment; and miscellaneous services. Stipulates that payments for covered services provided to eligible persons by participating providers shall be made from the Health Service Account in the Trust Fund. Authorizes the Board to experiment with other methods of reimbursement so long as the experimental method does not increase the cost of service or lead to overutilization or underutilization of services. Stipulates that skilled nursing homes and home health agencies shall be paid in the same manner as a general hospital (on an approved annual budget basis). Stipulates that a health organization shall be paid for covered services, on the basis of a fixed capitation rate multiplied by the number of eligible enrollees. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services; and (2) to organizations providing comprehensive ambulatory care, to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Sets forth the responsibilities and duties of the Secretary of HEW and the Board with regard to this title. Creates an administrative structure within the Department of Health, Education, and Welfare with exclusive responsibility for the administration of the Health Security program. Establishes a five-member, full-time Health Security Board serving under the Secretary of Health, Education, and Welfare. Requires that the members be appointed by the President with the advice and consent of the Senate, for five-year overlapping terms. Establishes a National Health Security Advisory Council, with the Chairman of the Board serving as the Council's Chairman and 20 additional members not in the employ of the Federal Government. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Directs the Advisory Council to advise the Board on matters of general policy in the administration of the program, the formulation of regulations and the allocation of funds for services. Charges the Board with responsibility for informing the public and providers about the administration and operation of the Health Security program. Requires the Board to make a continuing study and evaluation of the program, including adequacy, quality and costs of services. Authorizes the Board to make detailed statistical and other studies on a national, regional, or local basis of any aspect of the title; to develop and test incentive systems for improving quality of care, methods of peer review of drug utilization and of other service performances; to develop and test systems of information retrieval, budget programs, instrumentation for multiphasic screening or patient services, and reimbursement systems for drugs; and to make such other studies which it considers would improve the quality of services and the administration of the program. Grants authority to the Board, in accordance with regulations, to make determinations of who are participating providers of services, determinations of eligibility, of whether services are covered, and the amount to be paid to providers. Allows a provider of services who is dissatisfied with a final Board determination to obtain a hearing before a Board panel, and judicial review of a final decision. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Requires continuing professional education by physicians, dentists, optometrists, and podiatrists. Authorizes the appointment of a Deputy Secretary of HEW and an Under Secretary for Health and Science. Stipulates that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Converts the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to one percent on employees and 3.5 percent on employers. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part or all of the Health Security taxes on the employees. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, raising the rate to 2.5 percent. Adds a new one percent Health Security Tax on unearned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Title III: Commission on the Quality of Health Care - Establishes in the Department of HEW a Commission on the Quality of Health Care, with the primary responsibility of: (1) initiating and continuing development of methods of assessing the quality of health care furnished under the Health Security Act; and (2) submitting to the Secretary and the Health Security Board its findings and recommendations. Stipulates that in carrying out its duties the Commission shall emphasize, and give first consideration to, care furnished for those illnesses and conditions which have relatively high incidence in the population and which are relatively amenable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Requires that after the effective date of benefits received under this Act no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid. Title V: Studies Related to Health Security - Authorizes the Secretary of Health, Education, and Welfare in consultation with the Secretary of State and the Secretary of the Treasury to study the coverage of health services for U.S. residents in other countries. Directs the Secretary of HEW to study the feasibility and desirability of coordinating the Federal health benefit programs for merchant seamen and Indians and Alaskan natives and also veterans and members of the Armed Forces, with the Health Security Benefit Program.
United States · United States Congress · 2 September 1976
Modifies the project for the Houston Ship Channel in Texas to direct the Secretary of the Army, acting through the Chief of Engineers, to perform dredging operations to increase the depth of the channel.
United States · United States Congress · 26 August 1976
Authorizes the President to issue a proclamation designating the week beginning October 3, 1976, and ending October 9, 1976, as "National Volunteer Firemen Week."
United States · United States Congress · 10 August 1976
Indemnity for Participants in the Swine Flu Innoculation Program Act - Amends the Public Health Service Act to make the United States liable for claims for personal injury or death resulting from the administration of vaccine under the national swine flu innoculation program where such claims are based upon the act or omission of a program participant (except in cases of negligence). Establishes procedures for bringing such actions. Makes the remedy accorded by this Act the exclusive legal remedy. Requires the Attorney General to defend any civil action or proceeding against any employee of the Government or program participant brought under this Act. Requires the Attorney General to certify that the claim arises under this Act prior to designating such action an action against the United States.
United States · United States Congress · 9 August 1976
Designates the following trails for study as potential additions to the national trails system: (1) Bartram Trail, extending through Georgia, North Carolina, South Carolina, Alabama, Florida, Louisiana, Mississippi, and Tennessee; (2) Daniel Boone Trail, extending through North Carolina, Virginia, Tennessee, and Kentucky; (3) Desert Trail, extending through Washington, Idaho, Oregon, California, Nevada, and Arizona; (4) Dominguez-Escalante Trail, extending through New Mexico, Colorado, Utah, and Arizona; (5) Florida Trail; (6) Indian Nations Trail, Oklahoma; (7) Nez Perce Trail, extending through Oregon, Idaho, and Montana; and (8) Pacific Northwest Trail, extending through Washington, Idaho, and Montana.
United States · United States Congress · 4 August 1976
Amends the Wild and Scenic Rivers Act to direct the Secretary of the Interior to designate a specified segment of the New River, North Carolina, as a component of the National Wild and Scenic River System upon application of the Governor of North Carolina. Prohibits the Federal Power Commission from issuing any license for any undertaking which would adversely affect such segment.
United States · United States Congress · 26 July 1976
Directs the Secretary of Agriculture to review as to suitablity for preservation as wilderness specified lands in the Sam Houston National Forest, the Sabine National Forest, and the Davy Crockett National Forest, Texas.
United States · United States Congress · 28 June 1976
Coal Pipeline Act - Authorizes the exercise of the right of eminent domain by any carrier of coal by coal pipeline who holds a certificate of public convenience and necessity issued by the Department of the Interior. Stipulates that, before issuance of such certificate, environmental considerations and the need for energy domestically shall be weighed before the Secretary of the Interior makes a finding. Requires that no carrier granted the power of eminent domain under this Act shall transport any coal in which it has any ownership interest. Establishes procedures for making application for a certificate of public convenience and necessity, for antitrust review, and for enforcement under this Act. Imposes a maximum fine of $10,000, six months imprisonment, or both, for the violation of any provision of, or regulation issued pursuant to, this Act.
United States · United States Congress · 24 June 1976
Disapproves the Federal Energy Administration's proposed energy action numbered 3 which would exempt number 2 heating oil and number 2-D diesel fuel from mandatory petroleum allocation and price regulations.
United States · United States Congress · 24 June 1976
Disapproves the Federal Energy Administration's proposed energy action numbered 4 which would exempt middle distillates (other than number 2 heating oil and number 2-D diesel fuel) from the mandatory petroleum allocation and price regulations.
United States · United States Congress · 15 June 1976
Coal Pipeline Act - Authorizes the exercise of the right of eminent domain by any carrier of coal by coal pipeline who holds a certificate of public convenience and necessity issued by the Department of the Interior. Stipulates that, before issuance of such certificate, environmental considerations and the need for energy domestically shall be weighed before the Secretary of the Interior makes a finding. Requires that no carrier granted the power of eminent domain under this Act shall transport any coal in which it has any ownership interest. Establishes procedures for making application for a certificate of public convenience and necessity, for antitrust review, and for enforcement under this Act. Imposes a maximum fine of $10,000, six months imprisonment, or both, for the violation of any provision of, or regulation issued pursuant to, this Act.
United States · United States Congress · 15 June 1976
Disapproves the Federal Energy Administration's proposed energy action numbered 3 which would exempt number 2 heating oil and number 2-D diesel fuel from mandatory petroleum allocation and price regulations.
United States · United States Congress · 15 June 1976
Disapproves the Federal Energy Administration's proposed energy action numbered 4 which would exempt middle distillates (other than number 2 heating oil and number 2-D diesel fuel) from the mandatory petroleum allocation and price regulations.
United States · United States Congress · 14 June 1976
Expresses the sense of the House of Representatives that the United States Postal Service shall not close or suspend the operation of any post offices, unless there is a clear and compelling need to do so. Encourages the service to continue cost-cutting programs which do not affect levels of service.
United States · United States Congress · 10 June 1976
Requires that an election commissioner be appointed in American Samoa. States that the duty of the Commissioner will be to conduct a plebiscite on the issue of whether there should be a popular election for Governor and Lieutenant Governor of that country. Provides that a gubernatorial election be held within one year of such plebiscite if there is a majority of affirmative responses. Directs the legislature of American Samoa to establish rules and procedures regarding nomination, length of terms, and removal from the offices of Governor and Lieutenant Governor.
United States · United States Congress · 10 June 1976
Authorizes the Secretary of the Army, acting through the Chief of Engineers, to conduct a study of nonstructural alternatives to the Trinity River project in Texas. Requires the Secretary to investigate the feasibility of establishing a natural greenbelt system throughout the watershed as part of such study. Requires consideration of nonstructural flood plain management in connection with the study. Requires that public hearings be held to solicit viewpoints on the development of such a plan. Authorizes the delay of construction on projects which would reduce the effectiveness of any non-structural alternatives pending completion of the study. Authorizes the appropriation of $500,000 to carry out the provisions of this Act.
United States · United States Congress · 2 June 1976
Extends the delimiting period in the case of any eligible veteran who is pursuing, during his or her tenth year of eligibility, a program of education. Terminates such extension on whichever of the following dates first occurs: (1) the date on which the veteran completes, or ceases to pursue, the program he was pursuing in his tenth year of eligibility; or (2) the last day of the 11-year period beginning on the date of his discharge from active duty. (Adds 38 U.S.C. 1662(e))
United States · United States Congress · 26 May 1976
Toxic Substances Control Act - Requires the Administrator of the Environmental Protection Agency to test any chemical substance or mixture which may present an unreasonable risk to health or the environment if there is insufficient data to determine that such a risk does or does not exist. Requires promulgation of standards for the development of testing data for each such substance or mixture. Authorizes the Administrator to exempt chemicals and mixtures from the testing requirement if he determines that data has been or is being developed for substantially the same compound. Establishes a committee to make recommendations (based on enumerated criteria) to the Administrator respecting the chemical substances and mixtures which should be given priority consideration for testing. Requires manufacturers and processors to notify the Administrator 90 days in advance of initiation of manufacture or processing of (1) a new substance; or (2) a chemical substance for a significant new use. Requires the Administrator to compile a list of substances currently distributed in commerce which he determines may present an unreasonable risk to health or the environment. Authorizes exemptions from the testing requirement for substances on such list if the Administrator determines that the manufacture and distribution of such substance would not present an unreasonable risk to health or the environment under the particular circumstance, or under appropriate restrictions. Provides that the Administrator, upon determination that a substance is hazardous to health or the environment, may (1) prohibit or limit its manufacture or processing; (2) prescribe maximum concentration levels for particular uses; (3) prohibit particular uses; or (4) require clear and adequate warnings as to the hazards of use or disposal. Authorizes the Administrator to test for adulterated or contaminated substances and mixtures. Authorizes the Administrator to file an action in a United States district court (1) against an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture for seizure of such substance, mixture or article; (2) against any person who manufactures, processes, or distributes such substance, mixture, or article; or (3) against both such substance, mixture, or article and such person. Directs the Administrator to promulgate rules for the reporting and retention of information by manufacturers and processors as is necessary for the effective enforcement of this Act. Authorizes the Administrator to require manufacturers, processors, or distributors to submit lists of health and safety studies with respect to chemical substances or mixtures which they intend to introduce into commerce. Requires any person who manufactures, processes, or distributes in commerce a chemical substance or mixture and who obtains information which reasonably supports the conclusion that such substance or mixture presents an unreasonable risk to health or the environment to immediately inform the Administrator of such risk unless such person has actual knowledge that the Administrator has been adequately informed of such risk. Directs the Administrator to, in consultation and cooperation with the Secretary of Health, Education, and Welfare and with other appropriate agencies, conduct such research and monitoring as is necessary to carry out the purposes of this Act. Authorizes the Administrator to inspect, after written notice, premises in which chemical substances or mixtures are manufactured, processed, or stored to determine whether the requirements of this Act have been complied with. Requires the Secretary of the Treasury to refuse entry into the customs territory of the United States of any chemical substance, mixture, or article containing a chemical substance or mixture offered for entry if (1) it fails to conform with any rule in effect under this Act, or (2) it is otherwise prohibited pursuant to this Act from being distributed in commerce. Permits disclosure of data received by the Administrator pursuant to this Act under limited circumstances, and prescribes criminal penalties for wrongful disclosure. Enumerates civil and criminal penalties for violations of the provisions of this Act, and grants jurisdiction to Federal district courts to (1) specifically enforce such provisions and (2) entertain actions by citizens to enforce its provisions. Prescribes procedures for any person to petition the Administrator to issue a rule for testing standards or regulation of hazardous substances. Directs the General Accounting Office to conduct a study of all Federal laws administered by the Environmental Protection Agency for the purpose of determining whether and under what conditions, if any, indemnification should be accorded any person as a result of any action taken by the Administrator under any law administered by such agency. Authorizes to be appropriated for fiscal year 1978 and for each of the next two fiscal years sums necessary to carry out the purposes of this Act.
United States · United States Congress · 21 May 1976
Surface Mining Control and Reclamation Act - Title I: Statement of Findings and Policy - Declares that most of the nation's coal reserve can only be mined by underground methods. Lists the purposes of this Act, including to establish a nationwide program to prevent the adverse effects to society and the environment from surface coal mining. Title II: Office of Surface Mining Reclamation and Enforcement - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a Director appointed by the President. States that such Office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. States that the Office shall be considered an independent Federal regulatory body. Title III: State Mining and Mineral Resources Research Institute - Authorizes appropriations to the Secretary of the Interior of sums adequate to provide for each participating State $200,000 for fiscal year 1975, $300,000 for fiscal year 1976, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute or center at the school of mines of one public college or university of the State. Requires such monies to be matched dollar-for-dollar by the States. Authorizes appropriations of $15,000,000 for fiscal year 1975, such sum to be increased by $2,000,000 each fiscal year for six years thereafter, for specific projects in mining and mineral research in institutes. Directs the Secretary to establish a center for cataloging current and projected scientific research in mining and mineral resources. Requires the Secretary to appoint an Advisory Committee on Mining and Mineral Research to advise him on all matters concerning mining and mineral resources research. Title IV: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury. Requires operators of coal mines to pay into the fund quarterly fees of $.35 per ton of coal produced by surface mining and $.15 per ton of coal produced by underground mining, or ten percent of the value of the coal in the mine, whichever is less. Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mine lands and for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines. Authorizes the Secretary of Agriculture to enter into agreements with landowners, including owners of water rights, under which such landowners shall furnish a conservation and development plan and shall effect such plan in return for financial assistance from the Secretary of Agriculture of up to 80 percent of the cost of such a reclamation effort. Encourages States to acquire abandoned and unreclaimed land, and to transfer it to the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of the land price. Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land. Title V: Control of the Environmental Impacts of Surface Coal Mining - Directs the Secretary of the Interior to publish, within 180 days of the enactment of this Act, regulations which establish a permanent regulatory procedure and performance standards for surface coal mining and reclamation standards. Requires the Secretary to obtain the concurrence of the Administrator of the Environmental Protection Agency with respect to regulations concerned with air or water quality standards. Establishes a permit program to require mining operators to comply with environmental protection standards. Allows State control over surface mining permits if certain requirements are met. Authorizes the implementation of a Federal program if States fail to Act. Imposes the following general environmental performance standards on surface mining operations as a condition of the issuance of a permit under this Act: (1) restoration of the land affected to a prior use, consistent with public health and safety; (2) restoration to the original contour of the land and backfilling, grading, and compacting the excess overburden and other waste materials to attain the lowest grade; (3) removal and segregation of topsoil in a separate layer where it is able to support vegetation; (4) minimize disturbances to the hydrologic balance at the minesite and surrounding areas by eliminating or reducing toxic drainage, siltation, and contamination problems; (5) conformity with standards for the design and location of coal mine waste piles; and (6) establishment of a diverse, effective, and permanent vegetation on regarded areas. Stipulates that the regulatory authority shall make test borings of core samplings for mining operators with an estimated annual production of less than 250,000 tons of coal. Establishes additional requirements for steep-slope surface mining operations. Defines the term "steep-slope" to include any slope above 20 degrees or lesser slopes as may be defined by the regulatory authority. Permits State laws and regulations that are more stringent than those set forth pursuant to this Act. Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land. Stipulates that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage, and a description of the reclamation activities. Requries the posting of performance bonds and possession of liability insurance by applicants for permits. Requires the establishment of coal exploration regulations by appropriate State and Federal authorities. Requires that such regulations include provisions for reclamation of lands disturbed in exploration activities. Directs the Secretary to promulgate rules and regulations directed at the surface effects of underground mining. Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides requirements for recordkeeping and submittal and monitoring by mine operators. Requires surprise inspection by regulatory agencies not less than once a month. Imposes civil penalties for violation of this Act or regulations under it. Establishes procedures for citizen suits and judicial review of actions under this Act. Establishes conditions under which mine operators may request a release of all or part of the performance bond. Requires public notice and hearings upon applications for such releases. Requires States to establish, as a condition of assuming primary regulatory control, a planning process designed to identify lands unsuitable for surface coal mining. Requires designation of lands as unsuitable if it can be shown that reclamation pursuant to the requirements of the Act is not feasible. Authorizes designation of lands as unsuitable where operations mining will: (1) be incompatible with land use plans or programs; (2) affect fragile or historic lands of significant historic, scientific or esthetic value; (3) affect renewable land resources with an impact on long-range food and water supply; and (4) increase a significant hazard to life and property, including the possibility of flood and earthquake damage. Prohibits surface coal mining operations on certain Federal lands, or within 100 feet of a public road or within 300 feet of a building or dwelling, unless the consent of the affected public or private interest is obtained. Requires implementation of a Federal lands program applicable to all surface coal mining and reclamation activities pursuant to Federal laws or taking place on Federal lands. Requires that coal exploration operations which substantially disturb the natural land surface on such lands be subject to a permit program established by the Secretary of the Interior. Requires separate regulations for programs for special bituminous coal surface mines that meet specified criteria, and for anthracite coal surface mines which are regulated by environmental protection standards of the States. Title VI: Designation of Lands Unsuitable for Noncoal Mining - Allows the Secretary to designate Federal lands unsuitable for mining materials other than coal, if they are predominantly urban or suburban in character or if such mining operations would have an adverse impact on lands used primarily for residential and related purposes. Title VII: Administrative and Miscellaneous Provisions - Defines the terms used in this Act. Prohibits discrimination against employees for filing suit under this Act and for testifying in a proceeding under this Act. Authorizes the Secretary to make annual grants to the States to assist the States in developing, administering, and enforcing State programs under this Act. Authorizes the Secretary to provide technical assistance and training, and assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation projects. Requires the Secretary to submit an annual report to the President and the Congress. Directs the Secretary to contract with the National Academy of Sciences-National Academy of Engineering for a study of surface coal mining conditions in Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to such operations in Alaska. Directs the Chairman of the Council on Environmental Quality to contract with the National Academy of Sciences-National Academy of Engineering and other groups for a study of the technology for surface and open-pit mining and reclamation for minerals other than coal designed to assist in the development of regulation for such operations. Directs the Secretary to consult with Indian tribes in studying the regulation of surface mining on Indian lands. Requires all surface coal mining operations on Indian lands to comply with requirements at least as stringent as specified provisions in this Act within 30 months from the enactment of this Act. Authorizes the appropriation of the following sums to carry out this Act: (1) for various contract authority, $10,000,000 immediately and $10,000,000 for the next two fiscal years; (2) for the performance of test borings by the regulatory authority, an amount reserved for such purpose from the Abandoned Mine Reclamation Fund not to exceed $40,000,000; (3) for administrative and other purposes, $10,000,000 for fiscal year 1977, $20,000,000 for fiscal years 1978 and 1979, and $30,000,000 for fiscal years thereafter; and (4) for research and demonstration projects of alternative coal mining technologies, $35,000,000 for fiscal year 1977, and for the next four years.
United States · United States Congress · 19 May 1976
Expresses the disapproval of the House of Representatives of the proposal by the Federal Energy Administration (Energy Action No. 2) to modify the crude oil entitlement purchase exemption for small refiners.
United States · United States Congress · 18 May 1976
Directs the Secretary of Agriculture to review for suilability as wilderness specified lands in the Sam Houston National Forest, the Sabine National Forest, and the Davy Crockett National Forest, Texas.
United States · United States Congress · 11 May 1976
Title I: Acquisition Ceiling Increases - Increases the limitations on appropriations for the acquisition of lands and interests therein within the following units of the National Park System: (1) Arches National Park, Utah; (2) Assateague Island National Seashore, Maryland and Virginia; (3) Buffalo National River, Arkansas; (4) Capitol Reef National Park, Utah; (5) Fire Island National Seashore, New York; (6) Gulf Islands National Seashore, Florida and Mississippi; (7) Lincoln Home National Historic Site, Illinois; (8) Mesa Verde National Park, Colorado; (9) North Cascades National Park and Lake Chelan National Recreation Area, Washington; (10) Saint-Gaudens National Historic Site, New Hampshire; and (11) Scotts Bluff National Monument, Nebraska. Title II: Development Ceiling Increases - Increases the limitations on appropriations for development of the following units of the National Park System: (1) Andrew Johnson National Historic Site, Tennessee; (2) Arkansas Post National Memorial, Arkansas; (3) Chamizal National Memorial, Texas; (4) Fort Larned National Historic Site, Kansas; (5) Golden Spike National Historic Site, Utah; (6) Jefferson National Expansion Memorial National Historic Site, Missouri; (7) Saint-Gaudens National Historic Site, New Hampshire; and (8) Vicksburg National Military Park, Mississippi. Title III: Miscellaneous Provisions - Repeals provisions relating to beach erosion control, hurrican protection, and purchase of public utility facilities within Assateague Island National Seashore, Maryland and Virginia. Directs the Secretary of the Interior to develop a comprehensive plan for the protection, management, and use of such seashore. Authorizes the Secretary to designate specified areas for addition to the Colorado National Monument, Colorado. Increases the maximum amount authorized to be appropriated for acquisition, development, and rehabilitation of sites of specified events which occurred in Kansas during the decade prior to and during the Civil War. Authorizes the Secretary of the Interior to transfer specified lands to the jurisdiction of the Director of the National Park Service in Montgomery County, Maryland. Authorizes the Secretary of the Army to transfer specified lands in such county to the jurisdiction of the Secretary of the Interior. Authorizes the Secretary of the Interior to acquire up to 64 acres of land for addition to the Saint-Gaudens National Historic Site, New Hampshire.
United States · United States Congress · 6 May 1976
Directs the Secretary of the Interior to acquire by condemnation specified lands, and contracts for the sale of timber thereon, within the Big Thicket National Preserve, Texas.
United States · United States Congress · 29 April 1976
Amends the Federal Energy Administration Act of 1974 to authorize appropriations through fiscal year 1977 to the Federal Energy Administration to carry out the functions of the (1) Executive Director and Administration; (2) Office of Energy Policy and Analysis; (3) Office of Regulatory Programs; (4) Office of Conservation and the Environment; (5) Office of Energy Resource Development; and (6) Office of International Energy Affairs. Stipulates that funds appropriated for the Executive Director and Administration shall not be used to carry out the functions of the Office of Nuclear Affairs. Limits the amount of such funds which may be used for the Office of Communications and Public Affairs. Directs the Administrator of the Federal Energy Administration to provide information to Congress and the public with respect to the Project Independent Evaluation System computer model. Extends the duration of authorizations under such Act through fiscal year 1979.
United States · United States Congress · 28 April 1976
Authorizes the government of the Virgin Islands to levy a surtax on future income taxes payable to itself, which will not exceed ten percent. Authorizes $15,000,000 in loan funds to be appropriated for the government of the Virgin Islands' operating expenses. Authorizes $61,000,000 to be appropriated for loans for the capital improvement program of the Virgin Islands. States the conditions for extension and repayment of such loans. Empowers the Secretary of the Interior to place stipulations on such loans as he deems necessary. Provides an approval procedure for the Legislature of the Virgin Islands with regard to any loan request made by the Governor.
United States · United States Congress · 9 April 1976
Amends the Emergency Petroleum Allocation Act of 1973 to prohibit the President from exempting crude oil, residual fuel oil, or any refined petroleum product from pricing regulations under such Act. Requires that any such exemptions granted prior to the enactment of this Act be rescinded by the President.
United States · United States Congress · 7 April 1976
Disapproves the exemption of residual oil fuel from the mandatory petroleum allocation and price regulations as proposed in the energy action numbered 1, transmitted to the Congress on March 29, 1976.
United States · United States Congress · 6 April 1976
Solid Waste Energy and Resource Recovery Act - Amends the Solid Waste Disposal Act to direct the Administrator of the Environmental Protection Agency: (1) to assist with research projects for the development of pilot plant facilities for the purpose of investigating new fuels, recovery methods, or technology; (2) to conduct demonstrations of new methods and technology; and (3) to test and evaluate such pilot plants and demonstration projects. Directs the Administrator to establish a program for the collection and dissemination of information to assist Federal, State, interstate, regional, and local agencies in planning and building solid waste collection, recycling and recovery facilities. Sets forth specific areas to be covered by such program. Directs the Administrator to make grants to State, interstate, municipal and intermunicipal agencies for: (1) the implementation of solid waste management plans and planning programs; (2) the development and revision of solid waste disposal plans as part of regional environmental protection systems; (3) the development of interlocal regions and establishment of regional agencies; (4) the development of proposals for various projects; and (5) the planning of programs for the removal and processing of abandoned motor vehicle hulks. Authorizes the Administrator to impose conditions consistent with the purposes of this Act upon such grants. Limits the amount of available Federal assistance to 85 percent of the total cost. Authorizes the Administrator to guarantee loans incurred by State, regional, or local government agencies to finance the construction of large-scale fuel, energy, or resource recovery facilities. Limits the total outstanding indebtedness allowed under this Act to $75,000,000. Sets forth procedures for applying for loan guarantees under this Act. Authorizes the Administrator to make grants to a State, regional authority or local government agency for the construction, operation, or maintenance of fuel, energy, and resource recovery facilities when such facilities cannot be financed by any other means. Limits the amount of each grant to 25 percent of the total cost of the project. Authorizes the appropriation of the following amounts for solid waste research and development and for grants for energy and resource recovery programs: $65,000,000 for the fiscal year ending June 30, 1977; $17,000,000 for the transitional period ending September 30, 1977; and $70,000,000 for fiscal year 1978. Authorizes the appropriation of the following sums for grants for State, interstate, and local planning: $35,000,000 for fiscal year 1977; $9,000,000 for the transitional period; and $45,000,000 for fiscal year 1978. Authorizes the appropriation of the following sums for grants for construction of facilities: $40,000,000 for fiscal year 1977; 12,000,000 for the transitional period; and $60,000,000 for fiscal year 1978.
United States · United States Congress · 17 March 1976
Requires the report of the Select Committee on Intelligence filed on January 29, 1976, be referred to the Committee on House Administration, and such Committee shall follow the procedures agreed to between the Select Committee and the President with respect to the disclosure of classified information transmitted to the select committee. States that after such procedures have been complied with, such report, as it may be altered in accordance with such procedures, shall be printed as a House document.
United States · United States Congress · 17 March 1976
Expresses the sense of Congress that the U.S. Postal Service should not close or otherwise suspend the operation of any post office during the six-month period beginning on the date of adoption of this resolution.
United States · United States Congress · 16 March 1976
Directs the Secretary of the Interior to acquire by condemnation specified lands, and contracts for the sale of timber thereon, within the Big Thicket National Preserve, Texas.
United States · United States Congress · 11 March 1976
Surface Mining Control and Reclamation Act - Title I: Statement of Findings and Policy - Declares that most of the nation's coal reserve can only be mined by underground methods. Lists the purposes of this Act, including to establish a nationwide program to prevent the adverse effects to society and the environment from surface coal mining. Title II: Office of Surface Mining Reclamation and Enforcement - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a Director appointed by the President. States that such Office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. States that the Office shall be considered an independent Federal regulatory body. Title III: State Mining and Mineral Resources Research Institute - Authorizes appropriation to the Secretary of the Interior of sums adequate to provide for each participating State $200,000 for fiscal year 1975, $300,000 for fiscal year 1976, and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and mineral resources research institute or center at the school of mines of one public college or university of the State. Requires such monies to be matched dollar- for-dollar by the States. Authorizes appropriations of $15,000,000 for fiscal year 1975, such sum to be increased by $2,000,000 each fiscal year for six years thereafter, for specific projects in mining and mineral research in research institutes. Directs the Secretary to establish a center for cataloging current and projected scientific research in mining and mineral resources. Requires the Secretary to appoint an Advisory Committee on Mining and Mineral Research to advise him on all matters concerning mining and mineral resources research. Title IV: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury. Requires operators of coal mines to pay into the fund quarterly fees of $.35 per ton of coal produced by surface mining and $.15 per ton of coal produced by underground mining, or ten percent of the value of the coal in the mine, whichever is less. Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mined lands and for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines. Authorizes the Secretary of Agriculture to enter into agreements with landowners, including owners of water rights, under which such landowners shall furnish a conservation and development plan and shall effect such plan in return for financial assistance from the Secretary of Agriculture of up to 80 percent of the cost of such a reclamation effort. Encourages States to acquire abandoned and unreclaimed land, and to transfer it to the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of the land price. Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land. Title V: Control of the Environmental Impacts of Surface Coal Mining - Directs the Secretary of the Interior to publish, within 180 days of the enactment of this Act, regulations which establish a permanent regulatory procedure and performance standards for surface coal mining and reclamation standards. Requires the Secretary to obtain the concurrence of the Administrator of the Environmental Protection Agency with respect to regulations concerned with air or water quality standards. Establishes a permit program to require mining operators to comply with environmental protection standards. Allows State control over surface mining permits if certain requirements are met. Authorizes the implementation of a Federal program if States fail to Act. Imposes the following general environmental performance standards on surface mining operations as a condition of the issuance of a permit under this Act: (1) restoration of the land affected to a prior use, consistent with public health and safety; (2) restoration to the original contour of the land and backfilling, grading, and compacting the excess overburden and other waste materials to attain the lowest grade; (3) removal and segregation of topsoil in a separate layer where it is able to support vegetation; (4) minimize disturbances to the hydrologic balance at the minesite and surrounding areas by eliminating or reducing toxic drainage, siltation, and contamination problems; (5) conformity with standards for the design and location of coal mine waste piles; and (6) establishment of a diverse, effective, and permanent vegetation on regraded areas. Establishes additional requirements for steep-slope surface mining operations. Defines the term "steep slope" to include any slope above 20 degrees or lesser slopes as may be defined by the regulatory authority. Permits State laws and regulations that are more stringent than those set forth pursuant to this Act. Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land. Stipulates that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage, and a description of the reclamation activities. Requires the posting of performance bonds and possession of liability insurance by applicants for permits. Requires operators to obtain a permit prior to conducting any coal exploration operations which substantially disturb the natural land surface. Directs the Secretary to promulgate rules and regulations directed at the surface effects of underground mining. Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides requirements for recordkeeping and submittal and monitoring by mine operators. Requires surprise inspections by regulatory agencies not less than once a month. Imposes civil penalties for violation of this Act or regulations under it. Establishes procedures for citizen suits and judicial review of actions under this Act. Establishes conditions under which mine operators may request a release of all or part of the performance bond. Requires public notice and hearings upon applications for such releases. Requires States to establish, as a condition of assuming primary regulatory control, a planning process designed to identify lands unsuitable for surface coal mining. Requires designation of lands as unsuitable if it can be shown that reclamation pursuant to the requirements of the Act is not feasible. Authorizes designation of lands as unsuitable where operations mining will: (1) be incompatible with land use plans or programs; (2) affect fragile or historic lands of significant historic, scientific or esthetic value; (3) affect renewable land resources with an impact on long-range food and water supply; and (4) increase a significant hazard to life and property, including the possibility of flood and earthquake damage. Prohibits surface coal mining operation on certain Federal lands, or within 100 feet of a public road or within 300 feet of a building or dwelling, unless the consent of the affected public or private interest is obtained. Requires implementation of a Federal lands program applicable to all surface mining and reclamation operations on Federal land. Requires separate regulations for programs for special bituminous coal surface mines that meet specified criteria, and for anthracite coal surface mines which are regulated by environmental protection standards of the States. Title VI: Designation of Lands Unsuitable for Noncoal Mining - Allows the Secretary to designate Federal lands unsuitable for mining materials other than coal, if they are predominantly urban or suburban in character or if such mining operations would have an adverse impact on lands used primarily for residential and related purposes. Title VII: Administrative and Miscellaneous Provisions - Defines the terms used in this Act. Prohibits discrimination against employees for filing suit under this Act and for testifying in a proceeding under this Act. Authorizes the Secretary to make annual grants to the States to assist the States in developing, administering, and enforcing State programs under this Act. Authorizes the Secretary to provide technical assistance and training, and assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation projects. Requires the Secretary to submit an annual report to the President and the Congress. Directs the Secretary to contract with the National Academy of Sciences-National Academy of Engineering for a study of surface coal mining conditions in Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to such operations in Alaska. Directs the Chairman of the Council on Environmental Quality to contract with the National Academy of Sciences-National Academy of Engineering and other groups for a study of the technology for surface and open-pit mining and reclamation for minerals other than coal designed to assist in the development of regulation for such operations. Directs the Secretary to consult with Indian tribes in studying the regulation of surface mining on Indian lands. Requires all surface coal mining operations on Indian lands to comply with requirements at least as stringent as specified provisions in this Act within 30 months from the enactment of this Act. Authorizes the approriation of the following sums to carry out this Act: (1) for various contract authority, $10,000,000 immediately and $10,000,000 for the next two fiscal years; (2) for administrative and other purposes, $10,000,000 for fiscal year 1977, $20,000,000 for fiscal years 1978 and 1979, and $30,000,000 for fiscal years thereafter; and (3) for research and demonstration projects of alternative coal mining technologies, $35,000,000 for fiscal year 1977, and for the next four years.
United States · United States Congress · 9 March 1976
National Forest Timber Management Reform Act - Directs the Secretary of Agriculture to establish standards for future timber sales from national forests consistent with the criteria set forth in this Act. Requires that timber sales be made only from stable lands which are capable of regenerating a commercial stand of timber. Requires that minimum reforestation requirements be included in such standards. Imposes quantity sales limitations on timber sales in order to prevent the quantity and quality of timber from declining. Directs the Secretary to establish standards for maximum utilization of all trees sold from the national forests. Requires a complete interdisciplinary review from an environmental, biological, engineering, and economic standpoint of all proposed timber sales of $5,000 or more in national forests. Directs the Secretary to make public at least 60 days prior to each sale a brief statement as to the consistency of such proposed cut with principles of multiple use. Requires that the Secretary impose limitations on clearcutting practices in national forests. Prohibits the Secretary from allowing the cutting of immature trees except where the cutting of such trees: (1) conforms to specified forest management purposes; (2) achieves an even age distribution in southern pine forests; and (3) in connection with clearcuts where the stand of trees is predominantly of mature trees. Prohibits the cutting and removal of any tree from national forests unless such tree has been properly marked. Authorizes clearcuts without marking of individual trees in accordance with standards to be promulgated by the Secretary. Requires that the Secretary evaluate and limit the effects of proposed conversions of plant communities within natural forests. Prohibits contracts for the cutting of timber in national forests for more than a three-year period. Prohibits the use of DDT and other chlorinated hydrocarbons by the Secretary in the national forests for pest control purposes. Requires that the Secretary and the Forest Service take steps to preserve the natural ecosystems, soil resources, and fish and wildlife resources in national forests. Requires the preparation of a multiple use-sustained yield management plan for each national forest. Requires the establishment of a cost accounting system for future timber sales, to include indirect and direct administrative costs with respect to growth and reforestation of timber as well as sales. Allows States and localities to elect to receive payments from the Secretary of Agriculture based on the amount of specified public lands within the boundaries of such governmental units in lieu of the sum of amounts made available to States and localities under other provisions of Federal law.
United States · United States Congress · 2 March 1976
Title I: Amends the Land and Water Conservation Fund Act of 1965 to increase the amount of appropriations authorized under such Act to $300,000,000 for fiscal year 1977, $450,000,000 for fiscal year 1978, $625,000,000 for fiscal year 1979, and $800,000,000 for each fiscal year thereafter through fiscal year 1989. Revises procedures for the apportionment of land and water conservation fund moneys to States by the Secretary of the Interior. Imposes public participation requirements with respect to the preparation of comprehensive statewide outdoor recreation plans. Authorizes Federal financial assistance for the planning and development of sheltered facilities for swimming pools and ice skating rinks, provided specified conditions are met. Title II: Amends the National Historic Preservation Act of 1966 to establish a historic preservation fund in the United States Treasury. Stipulates that $24,400,000 for fiscal year 1977, $75,000,000 annually for fiscal years 1978 and 1979 and $100,000,000 annually for each fiscal year thereafter until fiscal year 1989 be covered into the fund from revenues due and payable to the United States under the Outer Continental Shelf Lands Act and other Federal Mining laws. Stipulates that such moneys shall remain available until appropriated to carry out the purposes of the National Historic Preservation Act of 1966. Authorizes the appropriation of $175,000 per year for fiscal years 1977,1978, and 1979 for the International Center for the Preservation and Restoration of Cultural Property.
United States · United States Congress · 26 February 1976
Health Security Act - Title I: Health Security Benefits - Makes every resident of the U.S. (and every non-resident citizen when in the U.S.) eligible for covered services. Permits reciprocal and "buy- in" agreements for groups or non-resident aliens, and in some cases benefits to U.S. residents when visiting in other countries. Entitles every eligible person to have payments made by the Health Security Board for covered services provided within the United States by a participating provider. Extends coverage to all necessary professional services of physicians, wherever furnished, including preventive care, with two restrictions: (1) specialist services are covered only when performed by a qualified specialist except in emergency situations, and generally only on referral from a primary physician; and (2) psychiatric services to an ambulatory patient are covered only for active preventive, diagnostic, therapeutic or rehabilitative service with respect to mental illness. Extends coverage to: (1) comprehensive dental services (exclusive of most orthodontic services) for children under age 15, with the covered age group increasing by two years each year until all those under age 25 are covered; (2) inpatient and outpatient hospital services and services of a home health agency; and (3) pathology and radiology services as parts of institutional services. Limits payment for skilled nursing home care to 120 days per spell of illness, except that such limit may be increased when the nursing home is owned or managed by a hospital and payment for care is made through the hospital budget. Limits the psychiatric hospital benefit to 45 consecutive days of active treatment during a spell of illness. Extends coverage to two categories of drug use: prescribed medicines administered to inpatients or outpatients within participating hospitals; or to enrollees of comprehensive health service organizations, and drugs necessary for the treatment of specified chronic illnesses or conditions requiring long or expensive therapy. Requires the Board and the Secretary of Health, Education, and Welfare to establish two lists of approved drugs, taking into account the safety, efficacy and cost of each drug. Lists approved medicines available for use in institutions and by comprehensive health service organizations and those available for use outside such organized settings. Declares that the appliances benefit is similar in concept and operation to the drug benefit, subject to a limitation on aggregate cost. Extends coverage to professional services of optometrists and podiatrists, subject to regulations, and diagnostic or therapeutic services furnished by independent pathology laboratories and radiology services. Excludes from coverage: (1) health services furnished or paid for under a workmen's compensation law; and (2) services of a professional practitioner if they are furnished in a hospital which is not a participating provider. Requires that participating providers meet standards established in this title or by the Board. Requires that such providers agree to provide services without discrimination, make no unauthorized charge to the patient for any covered service, and furnish data necessary for utilization review by professional peers, statistical studies by the Board, and verification of information for payments. Makes professional practitioners licensed when the program begins eligible to practice in the State where they are licensed and requires that all newly licensed applicants for participation meet national standards established by the Board in addition to existing State standards. Establishes conditions of participation for general hospitals. Makes psychiatric hospitals eligible to participate only if the Board finds that the hospital is engaged in furnishing active diagnostic, therapeutic and rehabilitative services to mentally ill patients. Establishes conditions of participation for skilled nursing homes similar to those established for extended care facilities under Medicare. Makes provisions for the participation of home health service agencies. Allows the participation of the following as providers of health services under this Act: (1) a health maintenance organization which undertakes to provide an enrolled population either with complete health care or, at least, with complete health security services (other than institutional services, mental health or dental services) for the maintenance of health and the care of ambulatory patients; (2) a foundation sponsored by a county or other local medical society; and (3) community health centers or the like which, though furnishing services as comprehensive as are required by this Act, do not serve an enrolled or otherwise predetermined population and may not meet other requirements of this Act. Authorizes the Board to deal separately with the primary care portion of a system of comprehensive health care where it is necessary to rely on arrangements with other providers. Permits the Board to contract directly with public or other nonprofit mental health centers and mental health day care services. Specifies the conditions under which independent pathology laboratories, independent radiological services, and providers of drugs, devices, appliances, equipment, or ambulance services may qualify as providers under Health Security. Requires that a participating skilled nursing home have in effect an agreement with at least one participating hospital for the transfer of patients and medical and other information as medically appropriate. Prohibits in malpractice judgments any damages to be awarded to the injured party for the cost of medical services which he is entitled to receive under this Act. Excludes the institutions of the Department of Defense and the Veterans Administration, and institutions of the Department of Health, Education, and Welfare serving merchant seamen or Indians or Alaskan natives, from serving as participating providers, as well as any employee of these institutions when acting as an employee. Allows reimbursement for any services furnished by such institutions or agencies to eligible persons who are not a part of their normal clientele. Permits a physician, dentist, optometrist, or podiatrist, licensed in one State and meeting the national standards, to furnish Health Security benefits in any other State. Grants similar authority to other health professional and nonprofessional personnel. Establishes the Health Security Trust Fund, to receive the net assets of existing (Medicare) funds taken over by the Health Security program, the yield of the Health Security taxes, and the Government's contribution from general revenues amounting to 100 percent of the yield from these taxes. Directs that three separate accounts be established in the Health Security Trust Fund: a Health Service Account, a Health Resources Development Account, and an Administration Account. Requires that in each of the first two years of program operation, two percent of the Trust Fund be set aside for the Health Resources Development Fund and the allocation be increased by one percent at two-year intervals to five percent within the next six years. Make provision for allocation of the Health Services account among the regions of the country. Stipulates that the allocation to each region shall be based on the aggregate sum expended during the most recent 12-month period for covered services (with appropriate modification for estimated changes in the consumer price index, the expected number of eligible beneficiaries, and estimated changes in the number of participating providers). Directs the Board to divide the allocation to each region into funds available to pay: institutional services; physician services; dental services; furnishing of drugs; furnishing of devices, appliances, equipment; and miscellaneous services. Stipulates that payments for covered services provided to eligible persons by participating providers shall be made from the Health Service Account in the Trust Fund. Prescribes the method to be used in applying, as between practitioners electing the various methods of payment (fee-for-service and capitation), the monies available in each health service area for payment to each category of professional providers. Authorizes the Board to experiment with other methods of reimbursement so long as the experimental method does not increase the cost of service or lead to overutilization or underutilization of services. Stipulates that skilled nursing homes and home health agencies shall be paid in the same manner as a general hospital (on an approved annual budget basis). Stipulates that a health organization shall be paid for covered services, on the basis of a fixed capitation rate multiplied by the number of eligible enrollees. Authorizes special improvement grants: (1) to any public or other nonprofit health agency or institution to establish improved coordination and linkages with other providers of services; and (2) to organizations providing comprehensive ambulatory care, to improve their utilization review, budget, statistical, or records and information retrieval systems, to acquire equipment needed for those purposes, or to acquire equipment useful for mass screening or for other diagnostic or therapeutic purposes. Sets forth the responsibilities and duties of the Secretary of HEW and the Board with regard to this title. Creates an administrative structure within the Department of Health, Education, and Welfare with exclusive responsibility for the administration of the Health Security program. Establishes a five-member, full-time Health Security Board serving under the Secretary of Health, Education, and Welfare. Requires that the members be appointed by the President with the advice and consent of the Senate, for five-year overlapping terms. Establishes a National Health Security Advisory Council, with the Chairman of the Board serving as the Council's Chairman and 20 additional members not in the employ of the Federal Government. Authorizes the Advisory Council to appoint professional or technical committees to assist in its functions. Directs the Advisory Council to advise the Board on matters of general policy in the administration of the program, the formulation of regulations and the allocation of funds for services. Charges the Board with responsibility for informing the public and providers about the administration and operation of the Health Security program. Requires the Board to make a continuing study and evaluation of the program, including adequacy, quality and costs of services. Authorizes the Board to make detailed statistical and other studies on a national, regional, or local basis of any aspect of the title; to develop and test incentive systems for improving quality of care, methods of peer review of drug utilization and of other service performances; to develop and test systems of information retrieval, budget programs, instrumentation for multiphasic screening or patient services, and reimbursement systems for drugs; and to make such other studies which it considers would improve the quality of services and the administration of the program. Grants authority to the Board, in accordance with regulations, to make determinations of who are participating providers of services, determinations of eligibility, of whether services are covered, and the amount to be paid to providers. Allows a provider of services who is dissatisfied with a final Board determination to obtain a hearing before a Board panel, and judicial review of a final decision. Authorizes the Board, with the advice and assistance of the Commission on the Quality of Health Care, to issue and review regulations assuring the quality of care furnished under this Act. Requires continuing professional education by physicians, dentists, optometrists, and podiatrists. Authorizes the appointment of a Deputy Secretary of HEW and an Under Secretary for Health and Science. Stipulates that no provision of this Act shall alter any contractual obligation of an employer to provide health services to his employees and their dependents. Title II: Health Security Taxes - Converts the existing Medicare hospital insurance payroll taxes into Health Security taxes, and raises the rates to one percent on employees and 3.5 percent on employers. Raises the wage base for the employee tax from the present $7,800 to $15,000; or, if higher, 125 percent of the contribution and benefit base. Broadens the definitions of covered employment to include foreign agricultural workers, employees of the U.S. and its instrumentalities (other than members of the armed forces and the President, Vice-President, and Members of Congress), employees of charitable and similar organizations, railroad employees, and (for the employee tax only) employees of States and their political subdivisions and instrumentalities. Excludes from the gross income of employees, for income tax purposes, payment by their employers of part or all of the Health Security taxes on the employees. Converts the existing Medicare self-employment tax into a Health Security self-employment tax, raising the rate to 2.5 percent, and raises the maximum taxable self-employment income from $7,800 to $15,000. Adds a new one percent Health Security Tax on unearned income (unless such income is less than $400 a year), subject to the same maximum on taxable income as is applicable to the employee and self-employment taxes. Title III: Commission on the Quality of Health Care - Establishes in the Department of HEW a Commission on the Quality of Health Care, with the primary responsibility of: (1) initiating and continuing development of methods of assessing the quality of health care furnished under the Health Security Act; and (2) submitting to the Secretary and the Health Security Board its findings and recommendations. Stipulates that in carrying out its duties the Commission shall emphasize, and give first consideration to, care furnished for those illnesses and conditions which have relatively high incidence in the population and which are relatively amenable to medical or other care. Title IV: Repeal or Amendment of Other Acts - Requires that after the effective date of benefits received under this Act no State shall be required to furnish any service covered under Health Security as a part of its State plan for participation under Medicaid. Title V: Studies Related to Health Security - Authorizes the Secretary of Health, Education, and Welfare in consultation with the Secretary of State and the Secretary of the Treasury to study the coverage of health services for U.S. residents in other countries. Directs the Secretary of HEW to study the feasibility and desirability of coordinating the Federal health benefit programs for merchant seamen and Indians and Alaskan natives and also veterans and members of the Armed Forces, with the Health Security Benefit Program.
United States · United States Congress · 17 February 1976
Packaging Conservation Act - States that the purpose of this Act is to conserve natural resources and prevent the deception of consumers engendered by oversized and excessive packaging. Authorizes the making of regulations under the Fair Packaging and Labeling Act to prevent the utilization of packages which are larger or more extensive than necessary to enclose the commodity they contain.
United States · United States Congress · 11 February 1976
Amends the Federal Election Campaign Act of 1974 to establish as an independent establishment of the Executive Branch the Federal Election Commission, consisting of the Secretary of the Senate (ex officio), the Clerk of the House (ex officio), and six members appointed by the President with the advice and consent of the Senate. States that more than three members appointed by the President may be affiliated with the same party. Sets members' terms at six years with one members' term expiring every year. States that members will be chosen from among individuals who are not currently elected or appointed as an officer or employee of any branch of the Government of the United States, except current members of the Federal Election Commission.
United States · United States Congress · 2 February 1976
Extends the term for production credit association loans under the Farm Credit Act of 1971 to 15 years for producers or harvestors of aquatic products.
United States · United States Congress · 28 January 1976
Toxic Substances Control Act - Declares that it is the policy of the United States that: (1) hazardous and potentially hazardous chemical substances and mixtures should be adequately tested with respect to their effect on health and the environment and that such testing should be the responsibility of those who manufacture and those who process such chemical substances and mixtures; (2) adequate authority should exist to regulate chemical substances and mixtures which cause or contribute to an unreasonable risk to health or the environment, and to take action with respect to chemical substances and mixtures which are imminent hazards; and (3) authority over chemical substances and mixtures should be exercised in such a manner as not unduly to impede, or to create unnecessary economic barriers to, technological innovation while fulfilling the primary purpose of this Act to assure that such innovation and commerce in such chemical substances and mixtures do not cause or contribute to an unreasonable risk to health or the environment. Directs the Administrator of the Environmental Protection Agency to require that testing be conducted on a substance or mixture to develop data with respect to the health and environmental effects for which there is an insufficiency of data and experience and which are relevant to a determination that the manufacture, distribution in commerce, processing, use, or disposal of such substance or mixture does or does not cause or contribute to an unreasonable risk to health or the environment when he makes findings enumerated in this Act. Directs the Administrator to consider all relevant factors in promulgating rules under this Act, including the effect on the competitive position of the person required to provide reimbursement in relation to the persons to be reimbursed and the share of the market for such substance or mixture of the person required to provide reimbursement in relation to the share of such market of the persons to be reimbursed. Establishes a committee to make recommendations to the Administrator respecting the chemical substances and mixtures to which the Administrator should give priority consideration for the promulgation of a rule under this Act. Requires that in making such a determination with respect to any chemical substance or mixture, the committee shall consider all relevant factors, including: (1) the quantities in which the substance or mixture is or will be manufactured; (2) the quantities in which the substance or mixture enters the environment; (3) the number of persons who will be exposed to the substance or mixture in their places of employment and the duration of such exposure; (4) the extent of human exposure to the substance or mixture; (5) the extent to which the substance or mixture is closely related to a chemical substance or mixture which is known to cause or contribute to an unreasonable risk to health or the environment; and (6) the existence of data concerning the effects of the substance or mixture on health or the environment. Directs the Administrator to promulgate rules under which: (1) each person who manufactures or processes or proposes to manufacture or process a chemical substance shall maintain such records, and shall submit to the Administrator such reports, as the Administrator may reasonably require, and (2) each person who manufactures or processes or proposes to manufacture or process a mixture, or a chemical substance in small quantities (as defined by the Administrator by rule) solely for scientific experimentation or analysis or for chemical research or analysis, including such research or analysis for the development of a product, shall maintain records and submit to the Administrator reports but only to the extent the Administrator determines the maintenance of records or submission of reports, or both, is necessary for the effective enforcement of the Act. Requires the Administrator, in consultation and cooperation with the Secretary of Health, Education, and Welfare and with other heads of appropriate agencies, to conduct such research and monitoring as is necessary to carry out the purposes of this Act. Requires the Administrator, in consultation with the Secretary of Health, Education, and Welfare and other heads of appropriate agencies, to design, establish, and coordinate an efficient and effective system for the retrieval of toxicological and other scientific data which could be useful to the Administrator in carrying out the purposes of this Act. Requires systematized retrieval to be developed for use by all Federal and other agencies with responsibilities in the area of regulation or study of chemical substances and mixtures and their effect on health or the environment. Limits the disclosure of data gathered under provisions of this Act. Provides for the designation of confidential information. Prohibits any discrimination against an employee for compliance with requirements of this Act. States that no employer may discharge any employee or otherwise discriminate against any employee with respect to the employee's compensation, terms, conditions, or privileges of employment because the employee (or any person acting pursuant to the request of the employee) has: (1) commenced, caused to be commenced, or is about to commence or cause to be commenced a proceeding under this Act; (2) testified or is about to testify in any such proceeding; or (3) assisted or participated or is about to assist or participate in any manner in such a proceeding or in any other action to carry out the purposes of this Act. Provides that any employee who believes that the employee has been discharged or otherwise discriminated against by any person in violation of such provisions may, within thirty days after such alleged violation occurs, file (or have any person file on the employee's behalf) a complaint with the Secretary of Labor. Provides that upon receipt of such a complaint, the Secretary shall conduct an investigation of the violation alleged in the complaint. Sets forth criminal and civil penalties for violations of provisions of this Act. Requires the Council on Environmental Quality, in consultation with the Administrator, the Secretary of Health, Education, and Welfare, the Secretary of Commerce, and the heads of other appropriate Federal departments or agencies, to coordinate a study of the feasibility of establishing (1) a standard classification system for chemical substances and related substances, and (2) a standard means for storing and for obtaining rapid access to information respecting such substances. Requires a report on such study to be completed and submitted to Congress not later than eighteen months after the date of the enactment of this Act. Authorizes appropriations to carry out this Act.
United States · United States Congress · 20 January 1976
Packaging Conservation Act - States that the purpose of this Act is to conserve natural resources and prevent the deception of consumers engendered by oversized and excessive packaging. Authorizes the making of regulations under the Fair Packaging and Labeling Act to prevent the utilization of packages which are larger or more extensive than necessary to enclose the commodity they contain.
United States · United States Congress · 17 December 1975
Approves the compact of permanent union between Puerto Rico and the United States. Accords to Puerto Rico the right of self-government and jurisdiction over the population, territorial seas, and Island of Puerto Rico, as well as jurisdiction over the adjacent population, territorial seas, and islands. Gives the U.S. responsibility for and authority with respect to international relations and defense affecting Puerto Rico. Permits Puerto Rico to enter into specified categories of agreements with other countries consistent with the functions of the U.S. as determined by the President and the Governor of the Free Associated State of Puerto Rico on a case-by-case basis. States that all persons born in Puerto Rico are citizens of the U.S. Makes U.S. currency the exclusive currency of Puerto Rico. Declares that economic, trade, and commercial relations between the two parties shall be conducted within the framework of the common market previously and henceforth established. Lists related rights and responsibilities. Provides that U.S. immigration laws, rules, regulations, and procedures shall be applied to Puerto Rico except as the President and Governor agree to limit or increase the quota of aliens who may be admitted. Directs that Puerto Rico be represented by one elected representative in each House of Congress. Provides that U.S. laws, present and past, be given full effect. Allows, prior to passage of any legislation affecting Puerto Rico, the Governor to submit to Congress objections to its applicability. Exempts Puerto Rico from the provisions of such legislation if the respective Congressional committee or committees by vote express agreement with the objections. Prohibits this procedure if proposed laws directly affect the rights and duties of citizens, security and common defense, foreign affairs, or currency. Allows the U.S. to transfer to Puerto Rico, with its consent, the total or partial performance of Federal functions. Creates a six-member Joint Commission, three members and their successors to be appointed by the President, and three by the Governor. Subjects the Commission to review by the President and the Governor after an initial period of five years, such review to encompass the Commission's membership and continuation. Assigns the Commission to help in the perfection of relations between the U.S. and Puerto Rico, directing it to study: (1) the desirability of retaining, modifying, or eliminating the application of specific Federal laws to Puerto Rico, giving priority to laws pertaining to communications, coastal shipping, and administration of Selective Service; (2) the possible transfer of Federal functions to Puerto Rican agencies; and (3) the desirability of recommending a system of contributory payments from Puerto Rico to the U.S. Treasury, based upon disbursements by the Puerto Rican legislature from the general fund or any other sources subject to its legislative action. Grants concurrent jurisdiction to U.S. and Puerto Rican courts with respect to justifiable questions arising under this Act. Establishes a U.S. District Court for Puerto Rico. Declares that the public policy of the U.S. and Puerto Rico is to make the minimum wage in Puerto Rico equal to that of the U.S. as soon as economic conditions permit. Grants Puerto Rico exclusive jurisdiction over all matters pertaining to minimum wage and working hours, labor-management relations, and occupational health and safety regulation, except as those areas apply to the shipping and aviation industries, where the appropriate Federal law governs. Requires that this compact, to become effective: (1) be approved by the U.S. Congress; (2) be approved by the Puerto Rican electorate in a special referendum; and (3) be proclaimed approved by the electorate, such proclamation to include the effective date as agreed upon by the President and the Governor. (It must become effective within one year of approval). Directs that the provisions of this Act shall not interrupt or impair pending matters before courts or quasi-judicial agencies, and shall not affect franchises, permits, and other grants previously issued. Requires mutual agreement between the two governments for modification of this Act, and with respect to specified provisions concerning fundamental relations, the approval of the Puerto Rican electorate is also required.
United States · United States Congress · 18 November 1975
Motor Vehicle Information and Cost Savings Act Amendments - Authorizes appropriations for the purposes of provisions of the Motor Vehicle Information and Cost Savings Act for fiscal years 1976 and 1977. Stipulates that for purposes of such Act the term "dealer" shall mean any person who has sold five or more motor vehicles in the past 12 months to purchasers who in good faith purchase such vehicles for purposes other than resale. Provides that for such purposes the term "distributor" shall mean any person who has sold five or more vehicles in the past 12 months for resale. Prohibits any person from causing to be disconnected, reset, or altered, the odometer of any motor vehicle with intent to charge the number of indicated miles. States that no person shall with intent to defraud operate a motor vehicle or any street or highway knowing that the odometer of such vehicle is disconnected or nonfunctional. Prohibits the removal or alteration of specified notices relating for odometer changes which are affixed to motor vehicles under the provisions of such Act. Stipulates that any person who knowingly violates specified provision of such Act shall be subject to a civil penalty not to exceed $1,000 for each such violation. States that a violation of any such provision shall constitute a separate violation with respect to each motor vehicle or device involved, except, that the maximum civil penalty shall not exceed $100,000 for any related series of violations. Provides for criminal penalties of up to $50,000 for violations of such Act. Authorizes the Secretary of Transportation to conduct any inspection or investigation necessary to enforce this title or any rules, regulations, or orders. States that information obtained indicating noncompliance with such Act, or any rules, regulations, or orders, may be referred to the Attorney General for investigative consideration. Provides for administrative warrants under such Act to facilitate inspections pertaining thereto. Authorizes to be appropriated to carry out this Act $450,000 for fiscal year 1976; $100,000 for the period beginning June 30, 1976, and ending September 30, 1976; and $650,000 for fiscal year 1977.
United States · United States Congress · 5 November 1975
National Coal Production, Leasing, and Mine Reclamation Act - Title I: Amendments to the Mineral Leasing Act of 1920 - Revises the procedures followed by the Secretary of the Interior in leasing public lands for coal mining operations pursuant to the Mineral Leasing Act. Prohibits the holding of any lease sale unless the land containing the coal deposits has been included in a comprehensive land-use plan prepared by the Secretary, the Secretary of Agriculture, or a State, and it has been determined that such sale is compatible with such plan. Sets forth requirements governing the preparation of land use plans pursuant to such Act. Directs the Secretary to evaluate and compare the effects of recovering coal by deep mining, by surface mining, or any other method, to determine what method achieves the maximum economic recovery of the coal within a proposed leasing tract. Establishes provisions for the issuance of coal exploration licenses to commercial interests by the Secretary. States that a licensee may not cause substantial disturbance to the natural land surface, and shall furnish to the Secretary copies of all data obtained during such exploration. Establishes a fine of up to $1,000 for each day of exploration conducted without a license. Authorizes the Secretary to approve the consolidation of coal leases into a mining unit. Defines a mining unit as an area of land in which the coal resources can be developed in an efficient, economical, and orderly manner. Directs the Secretary to evaluate the extent, location, and potential for developing the known recoverable coal resources within the coal lands subject to this Act. Decreases from 52 1/2 percent to 40 percent the portion of funds from the sale and rental of public lands which shall be reserved as part of the reclamation fund. Authorizes the Secretary of the Interior to lease coal or lignite under aquired lands set apart for military or naval purposes, with the concurrence of the Secretary of Defense. Limits such leases to governmental entities which produce electrical energy for sale to the public. Title II: Statement of Findings and Policy - Declares that most of the nation's coal reserve can only be mined by underground methods. States the purposes of this Act, including to establish a nationwide program to prevent the adverse effects to society and the environment from surface coal mining. Title III: Office of Surface Mining Reclamation and Enforcement - Establishes in the Interior Department the Office of Surface Mining Reclamation and Enforcement with a director appointed by the President. States that such office shall administer the programs required by this Act and assist the States in development of State programs for surface coal mining and reclamation. States that the Office shall be considered in independent Federal regulatory body. Title IV: State Mining and Mineral Resources and Research Institutes - Authorizes appropriation to the Secretary of the Interior of sums adequate to provide for each participating State $200,000 for fiscal year 1975, $300,000 for fiscal year 1976., and $400,000 for each fiscal year thereafter for five years, to assist the States in carrying on the work of a competent and qualified mining and minineral resources reasearch institute or center at the school of mines of one public college or university of the State. Requires such monies to be matched dollar for dollar by the States. Authorizes appropriation of $15,000,000 for fiscal year 1975, such sum to be increased by $2,000,000 each fiscal year for six years thereafter, for specific projects in mining and mineral research in research institutes. Directs the Secretary to establish a center for cataloging current and projected scientific research in mining and mineral resources. Requires the Secretary to appoint an Advisory Committee on Mining and Mineral Research to advise him on all matters concerning mining and mineral resources research. Title V: Abandoned Mine Reclamation - Creates the Abandoned Mine Reclamation Fund in the Treasury. Requires operators of coal mines to pay into the fund quarterly fees of $.35 per ton of coal produced by surface mining and $.15 per ton of coal produced by underground mining, or 10 percent of the value of the coal in the mine, whichever is less. Authorizes use of money in the Fund for acquisition and reclamation of abandoned and unreclaimed mined lands and for acquisitions and fillings of voids and sealing of tunnels and entryways in abandoned mines. Authorizes the Secretary of Agriculture to enter into agreements with landowners, including owners of water rights, under which such landowners shall furnish a conservation and development plan and shall effect such plan in return for financial assistance from the Secretary of Agriculture of up to 80 percent of the cost of such a reclamation effort. Authorizes the Secretary of the Interior to acquire, by purchase, donation, or otherwise, land which has been affected by surface mining and has not been reclaimed to its aapproximate original contour. Requires the Secretary, in determining the price paid for land under such authority, to take into account the unrestored condition of the land. Provides for the acquisition of lands by condemnation proceedings conducted by the Attorney General: (1) when the owner of such land refuses to negotiate with the Secretary; or (2) when such owner cannot be determined. Encourages States to acquire abandoned and unreclaimed lands, and to transfer such lands to the Secretary for reclamation, and authorizes matching grants for such purpose, up to 90 percent of land price. Allows resale of reclaimed land by public bidding, and allows local public participation in determining the use of reclaimed land. Title VI: Control of the Environmental Impacts of Surface Coal Mining - Directs publication within 180 days of enactment of this Act of regulations, covering surface coal mining and reclamation, setting standards for State programs. States that such regulations must meet approval of the Environmental Protection Agency (EPA) Administrator. Requires all surface coal mining operations commencing within six months of the date of enactment of this Act on State-regulated lands to comply with specified provisions of this Act. Requires all surface coal mining operations on State-regulated lands to be in compliance with specified provisions of this Act within one year of the date of enactment. Requires States which wish to assume exclusive jurisdiction over the regulation of surface coal mining and reclamation operations, to submit to the Secretary of the Interior, within 18 months of enactment, programs to include a State regulatory authority capable of regulating surface coal mining, State laws providing for sanctions for violations of regulations, and a permit system for surface coal mining regulation. Requires such State programs meet the approval of the EPA Administrator. Subjects State programs to approval of Secretary of Interior within 6 months. Requires implementation of a Federal program of surface coal mining regulation where States fail in such implementation. Permits State laws and regulations that are more stringent than those set forth pursuant to this Act. Prohibits the conduct of any surface coal mining operations by any person on or after six months from the promulgation of a State or Federal reclamation program unless the person has first obtained a permit, good for a maximum of five years, to conduct such operations. Provides for the renewal of such permit. Requires permit applications to describe the method of mining and equipment proposed to be used, to describe by maps the land to be affected, and to contain a statement of results of test borings or core samplings of the affected land. States that permits must be accompanied by a mining and reclamation plan which shall include a description of present uses of the land, steps to be taken to prevent environmental damage, and a description of the reclamation activities. Requires the posting of performance bonds and possession of liability insurance by applicants for permits. Requires operators to obtain a permit prior to conducting any coal exploration operations which substantially disturb the natural land surface. Sets general performance standards for environmental protection in surface coal mining which permittees under this Act must meet. Imposes additional standards for steep-slope surface mining. Directs the Secretary, within 135 days from the date of enactment, with the concurrence of the Chief of Engineers, to promulgate standards and criteria regulating the design, construction, maintenance and abandonment of new and existing coal mining coal mine waste piles. Directs the Secretary to promulgate rules and regulations directed at the surface effects of underground mining, including specified requirements. Directs and authorizes inspection of surface coal mining and reclamation to determine compliance with this Act and regulations. Provides for requirements of record keeping and submittal and monitoring by mine operators. Requires surprise inspections by regulatory agencies not less than once a month. Provides that when an operator completes the backfilling, regrading, and drainage control of a bonded area, he may request a release of 60 percent of the bond. Provides that the remaining amount may be returned upon completion of all reclamation. Allows persons with a legal interest to file objections to release of bond, and for public hearings to follow. Permits any person to bring a civil suit against any person, including the United States, alleged to be in violation of this Act. Allows the court to award costs of litigation to parties in suits brought under this Act. Permits the Secretary to intervene in actions under this Act. Allows, where State regulatory authorities do not exist or fail to act, for Federal enforcement of this Act and of permit conditions. Permits issuance of an order to cease mining and reclamation. Provides for the Attorney General to institute civil suit for a restraining order or injunction to enforce this Act or regulations under it. Directs States to designate as unsuitable for surface coal mining those areas where reclamation is impossible or where land is fragile or of historical value. Prohibits existing mining operations from being declared unsuitable. Requires implementation of a Federal lands program applicable to all surface mining and such program to, at least, adopt all requirements of this Act. Demands separate regulations for programs for special bituminous coal surface mines that meet specified criteria, and for anthracite coal surface mines which are regulated by environmental protection standards of the States. Title VII: Designations of Lands Unsuitable for Noncoal Mining - Allows the Secretary to designate Federal lands unsuitable for mining materials other than coal, if they are predominantly urban or suburan in character or if such mining operations would have an adverse impact on lands used primarily for residential and related purposes. Title VIII: Administrative and Miscellaneous Provisions - Defines the terms used in this Act. Prohibits discrimination against employees for filing suit under this Act and for testifying in a proceeding under this Act. Authorizes the Secretary to make annual grants to the States to assist the States in developing, administering, and enforcing State programs under this Act. Authorizes the Secretary to provide technical assistance and training, and assistance in preparing and maintaining a continuing inventory of information on surface coal mining and reclamation projects. Requires the Secretary to submit an annual report to the President and the Congress. Directs the Secretary to contract with the National Academy of Sciences-National Academy of Engineering for a study of surface coal mining conditions in Alaska in order to determine which, if any, of the provisions of this Act should be modified with respect to such operations in Alaska. Directs the Chairman of the Council on Environmental Quality to contract with the National Academy of Sciences-National Academy of Engineering and other groups for a study of the technology for surface and open-pit mining and reclamation for minerals other than coal designed to assist in the development of regulation for such operations. Directs the Secretary to consult with Indian tribes in studying the regulation of surface mining on Indian lands. Requires all surface coal mining operations on Indian lands to comply with requirements at least as stringent as specified provisions in this Act within 30 months from the enactment of this Act. Authorizes appropriations to carry out this Act, as follows: (1) $10,000,000 for various contract authority immediately and for the next two fiscal years; (2) for administrative and other purposes, $10,000,000 for fiscal year 1975, $20,000,000 for fiscal year 1976 and 1977, and $30,000,000 for fiscal years thereafter; (3) for research and demonstration projects of alternative coal mining technologies, $35,000,000 for fiscal year 1976, and for the next four years. Requires the written consent of the owner of the surface rights before the Secretary shall lease Federally-owned mineral rights, and requires compensation to be paid by the lessee to the surface owner. States that nothing in this Act shall be construed as increasing or diminishing the rights of any owner of coal in Alaska to conduct or authorize surface coal mining operations for coal which has been or is hereafter conveyed out of Federal ownership to the State of Alaska or pursuant to the Alaska Native Claims Settlement Act, provided, that such surface coal mining operations meet the requirements of the Act. States that nothing in this Act shall be construed as affecting in any way the right of any person to enforce or protect his interest in water resources affected by a surface coal mining operation.
United States · United States Congress · 29 October 1975
Condemns the resolution adopted by the Third Committee of the United Nations General Assembly which equates Zionism with racism, and urges the U.N. General Assembly to disapprove such resolution.
United States · United States Congress · 22 October 1975
Toxic Substances Control Act - Requires the Administrator of the Environmental Protection Agency to test any chemical substance or mixture which may present an unreasonable risk to health or the environment if there is insufficient data to determine that such a risk does or does not exist. Establishes criteria for the determination of what constitutes an unreasonable risk to health or the environment. Requires promulgation of standards for the development of testing data for each such substance or mixture. Authorizes the Administrator to exempt chemicals and mixtures from the testing requirement if he determines that data has been or is being developed for substantially the same compound. Establishes a committee to make recommendations (based on enumerated criteria) to the Administrator respecting the chemical substances and mixtures which should be given priority consideration for testing. Requires manufacturers and processors to notify the Administrator 90 days in advance of initiation of manufacture or processing of (1) a new substance; or (2) a chemical substance for a significant new use. Requires the Administrator to compile a list of substances currently distributed in commerce which he determines may present an unreasonable risk to health or the environment. Authorizes exemptions from the testing requirement for substances on such list if the Administrator determines that the manufacture and distribution of such substance would not present an unreasonable risk to health or the environment under the particular circumstance, or under appropriate restrictions. Provides that the Administrator, upon determination that a substance is hazardous to health or the environment, may (1) prohibit or limit its manufacture or processing; (2) prescribe maximum concentration levels for particular uses; (3) prohibit particular uses; or (4) require clear and adequate warnings as to the hazards of use or disposal. Authorizes the Administrator to test for adulterated or contaminated substances and mixtures. Authorizes the Administrator to file an action in a United States district court (1) against an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture for seizure of such substance, mixture or article; (2) against any person who manufactures, processes, or distributes such substance, mixture, or article; or (3) against both such substance, mixture, or article and such person. Directs the Administrator to promulgate rules for the reporting and retention of information by manufacturers and processors as is necessary for the effective enforcement of this Act. Authorizes the Administrator to require manufacturers, processors, or distributors to submit lists of health and safety studies with respect to chemical substances or mixtures which they intend to introduce into commerce. Requires any person who manufactures, processes, or distributes in commerce a chemical substance or mixture and who obtains information which reasonably supports the conclusion that such substance or mixture presents an unreasonable risk to health or the environment to immediately inform the Administrator of such risk unless such person has actual knowledge that the Administrator has been adequately informed of such risk. Directs the Administrator to, in consultation and cooperation with the Secretary of Health, Education, and Welfare and with other appropriate agencies, conduct such research and monitoring as is necessary to carry out the purposes of this Act. Authorizes the Administrator to inspect, after written notice, premises in which chemical substances or mixtures are manufactured, processed, or stored to determine whether the requirements of this Act have been complied with. Requires the Secretary of the Treasury to refuse entry into the customs territory of the United States of any chemical substance, mixture, or article containing a chemical substance or mixture offered for entry if (1) it fails to conform with any rule in effect under this Act, or (2) it is otherwise prohibited pursuant to this Act from being distributed in commerce. Permits disclosure of data received by the Administrator pursuant to this Act under limited circumstances, and prescribes criminal penalties for wrongful disclosure. Enumerates civil and criminal penalties for violations of the provisions of this Act, and grants jurisdiction to Federal district courts to (1) specifically enforce such provisions and (2) to entertain actions by citizens to enforce its provisions. Prescribes procedures for any person to petition the Administrator to issue a rule for testing standards or regulation of hazardous substances. Directs the General Accounting Office to conduct a study of all Federal laws administered by the Environmental Protection Agency for the purpose of determining whether and under what conditions, if any, indemnification should be accorded any person as a result of any action taken by the Administrator under any law administered by such agency. Authorizes to be appropriated for fiscal years 1976 and 1977 specified sums to carry out the purposes of this Act.
![Official portrait of Rep. Eckhardt, Bob [D-TX-8]](https://www.congress.gov/img/member/e000035_200.jpg)