United States · United States Congress · 8 November 1997
Outfitter Policy Act of 1997 - Prohibits unauthorized commercial outfitters from conducting outfitted activities on Federal land. Requires the Director of the National Park Service, the Director of the Fish and Wildlife Service, the Director of the Bureau of Land Management, the Chief of the Forest Service, or the Commissioner of the Bureau of Reclamation (agency head) to establish criteria for awarding outfitter authorizations, including the identification of skilled, experienced, and financially capable persons to offer outfitted activities. Authorizes agency heads to enter into contracts with commercial outfitters for the use and occupancy of Federal land for purposes of conducting such activities. Provides for ten-year contract terms or longer terms if the agency head determines a longer term is necessary because of the investment required to conduct such activities or public interest. Describes contract terms, including determination of fees to be charged to outfitted visitors. Lists conditions under which agency heads may award such contracts, including cases in which unallocated use capacity is available or there is public demand for recreational opportunity or competitive interest in a resource area or outfitted activity where no such activity is offered. Sets forth solicitation requirements for the award of standard contracts. Provides for noncompetitive or limited authorizations, subject to specified conditions. Requires annual fees for outfitter authorizations. Requires authorized outfitters to defend and indemnify the United States for costs or expenses associated with injury, death, or damage to any person or property caused by negligence or wanton disregard of persons or property arising out of an outfitter's activities. Absolves outfitters of any liability to the United States or third parties absent a finding of negligence or disregard for persons or property or for injury, death, or damage resulting from the inherent risks of an outfitted activity. Requires authorized outfitters, before operations are conducted, to submit an operating plan to the agency head. Provides for agency review and approval of plans. Requires agency heads to provide principal use allocations to authorized outfitters under standard contracts. Allows agency heads to provide temporary use allocations to authorized outfitters under standard or limited authorizations. Sets forth conditions under which an agency head, during contract renewal, may reduce a principal use allocation if an outfitter failed to make actual use of a specified amount of an allocation. Bars reductions based on factors beyond the outfitter's control (such as market fluctuations, availability of hunting licenses, closure of resource areas, or weather) that may have adversely affected ability to make actual use of the full allocation. Sets forth terms of temporary use allocations. Authorizes conversions to principal use allocations after two years. Sets forth objectives to be used by agency heads in developing programs for annual evaluations of outfitter operations. Provides for notice to outfitters of conduct or conditions that might lead to marginal or unsatisfactory ratings. Requires renewals of contracts on a determination of good overall performance. Denies renewals on determinations of overall unsatisfactory performance. Authorizes termination of a contract if the outfitter: (1) fails to correct conditions that are considered important to the quality of operations, health and welfare of outfitted visitors, or protection of resources; (2) is repeatedly in arrears in the payment of fees; or (3) demonstrates disregard for the health and welfare of visitors or other users of Federal land. Makes outfitter contracts transferable to qualified transferees under specified conditions. Deems a transfer approved if the agency head fails to confer approval or disapproval within a prescribed time frame. Entitles authorized outfitters to at least one level of administrative review to resolve a dispute arising under an authorization. Requires agency heads to establish expedited procedures for considerations of appeals of decisions to suspend, revoke, or terminate outfitter contracts. Directs agency heads to manage the occupancy and use of Federal land by institutional recreation programs that conduct outfitted activities under this Act, if appropriate, or as provided by other law. Requires agency heads to specify minimum training and qualifications for agency personnel assigned predominately to management of commercial outfitting activities. Provides for consistency in general regulations issued by agencies to carry out this Act. Supersedes certain provisions of existing law pertaining to outfitter authorizations. Entitles outfitters that hold existing special use permits or concessioner permits or contracts to issuance of standard outfitter contracts if their recent performance was determined satisfactory, acceptable, or the equivalent.
United States · United States Congress · 8 November 1997
Amends part E (Foster Care and Adoption Assistance) of title IV of the Social Security Act to authorize the Secretary of Health and Human Services to use Departmental facilities to facilitate the voluntary, mutually requested exchange of identifying information that has been mutually consented to, by a 21-year-old adult adopted individual with any birth parent or adult sibling, if all involved have consented by a signed notarized statement to the information exchange. Sets forth procedural requirements for establishment of a National Voluntary Mutual Reunion Registry. Subjects violators of this Act to criminal penalties. States that this Act does not preempt a State's sealed adoption record policy.
United States · United States Congress · 7 November 1997
Methane Hydrate Research and Development Act of 1997 - Directs the Secretary of Energy to award grants or contracts to, or enter into cooperative agreements with, universities and industrial enterprises to conduct research to identify, assess, explore, and develop methane hydrate resources. Authorizes appropriations.
United States · United States Congress · 7 November 1997
Federal Communications Commission Satellite Carrier Oversight Act - Amends the Communications Act of 1934 to: (1) include direct-to-home satellite services under provisions protecting signal broadcast; (2) direct the Federal Communications Commission (FCC) to initiate a notice of inquiry to determine the best way to facilitate the retransmission of distant broadcast signals in order to promote market competition for delivery of multichannel video programming in the public interest; and (3) direct the FCC to report to the Congress on the effect of the increase in royalty fees paid by satellite carriers for such retransmission on such competition and the ability of the direct-to-home satellite industry to compete. Prohibits the Copyright Office from implementing, before January 1, 1999, the decision of the Librarian of Congress which established a specified royalty fee per subscriber per month for the retransmission of distant broadcast signals by satellite carriers.
United States · United States Congress · 4 November 1997
Border Improvement and Immigration Act of 1997 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 with respect to the automated entry-exit control system to exempt from required recordkeeping: (1) land border crossings; and (2) permanent resident and certain other aliens. Requires the Attorney General to report on the feasibility of implementing an automated entry-exit control system that would include land border arrivals and departures. Provides for increased numbers of full-time Immigration and Naturalization and Customs inspectors at U.S. land borders, with at least half of such inspectors to be assigned to the northern border.
United States · United States Congress · 4 November 1997
Limits the amount of a veteran's disability compensation that may be deducted by reason of the receipt of military separation pay or a Department of Defense separation benefit to 75 percent of that pay or benefit. Makes such provision effective for compensation payments made by the Secretary of Veterans Affairs for months beginning after December 1991.
United States · United States Congress · 30 October 1997
Disabled Sportsmen's Access Act - Amends the Sikes Act to direct the Secretary of Defense, in developing facilities and conducting programs for public outdoor recreation at military installations, to ensure that such recreational opportunities provide equal access for disabled veterans, military dependents with disabilities, and other disabled persons when topographic, vegetative, and water resources allow equal access without substantial modification to the natural environment. Allows the Secretary to accept the services of volunteers and donations of money and property in ensuring such equal access.
United States · United States Congress · 29 October 1997
Directs the Secretary of Defense to enter into an agreement with the Office of Personnel Management to conduct a demonstration project under which covered members and beneficiaries under the Civilian Health and Medical Program of the Uniformed Services (CHAMPUS) who are or become entitled to hospital insurance benefits under part A of title XVIII (Medicare) of the Social Security Act will be eligible to enroll in health benefits plans offered through the Federal Employees Health Benefits (FEHB) program. Requires the demonstration project to be conducted in two geographic areas and to last at least two, but not more than three, contract years. Provides for: (1) management of participation in the project; (2) Government contributions for beneficiary coverage under the FEHB program; and (3) reporting requirements.
United States · United States Congress · 27 October 1997
Declares that it is U.S. policy with respect to the People's Republic of China to: (1) encourage freedom and democracy in China; (2) deter the Chinese Government from engaging in activities that are contrary to U.S. national security interests and the peace and security of the Asian Pacific region; (3) encourage such Government to make progress towards improving overall human rights conditions in China and Tibet and to channel its emerging power and influence along paths that are conducive to peace, stability, and development in the region; and (4) support integration of China into the community of nations. Urges President Clinton to communicate U.S. policy to President Jiang during their summit meeting and to demand that China immediately cease: (1) persecuting Chinese Christians; (2) coercive population control practices; (3) efforts to subvert the American political process; (4) nonreciprocal tariff and nontariff barriers relating to U.S. imports; (5) resistance to transparency in its trade practices; (6) exports to the United States of products made with prison labor; (7) activities leading to proliferation of weapons of mass destruction and advanced ballistic missile technology; and (8) evasion of U.S. export controls and other laws. Reaffirms the policy promulgated in the Taiwan Relations Act and insists that such Act be fully implemented by the President.
United States · United States Congress · 23 October 1997
Iran Missile Proliferation Sanctions Act of 1997 - Directs the President to report periodically to specified congressional committees on foreign persons (except those previously identified or sanctioned or subject to waiver) who, on or after August 8, 1995, have transferred, or attempted to transfer, controlled goods or technology, or provided, or attempted to provide, technical assistance or facilities that contributed, or would have contributed, to Iran's efforts to acquire, develop, or produce ballistic missiles. Requires imposition on such persons of minimum two-year sanctions prohibiting: (1) sales to such persons of items on the United States Munitions List (and terminating sales of any controlled U.S. arms); (2) the export to such persons of dual use goods and technology; and (3) the provision of U.S. financial assistance. Authorizes the President to waive such sanctions on the basis of additional information demonstrating that the sanctioned person did not commit the acts alleged.
United States · United States Congress · 9 October 1997
Marriage Tax Elimination Act - Amends the Internal Revenue Code to permit a husband and wife to file a combined income tax return on which each spouse is taxed separately at the unmarried return rate.
United States · United States Congress · 9 October 1997
Disapproves the President's cancellations (line item veto) of appropriations for 36 military construction projects in the Military Construction Appropriations Act, 1998.
United States · United States Congress · 9 October 1997
Asian Elephant Conservation Act of 1997 - Requires the Secretary of the Interior to use amounts in the Asian Elephant Conservation Fund (established under this Act) to provide financial assistance for projects for the conservation of Asian elephants for which final project proposals are approved by the Secretary. Sets forth provisions concerning: (1) requirements for project proposals; (2) project review and approval; (3) reporting requirements for recipients of assistance provided by this Act; and (4) priority for projects for which there exists some measure of matching funds. Establishes the Asian Elephant Conservation Fund. Authorizes appropriations.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to: (1) increase the low-income State housing credit ceiling amount; and (2) provide for a cost-of-living adjustment for such amount.
United States · United States Congress · 3 October 1997
Federal Lands Management Adjustment Act - Provides that whenever a State applies for a transfer of authority to manage Federal lands located in such State and the Congress enacts legislation authorizing and directing such transfer, the Secretary with jurisdiction over such lands (Secretary of the Interior with respect to Bureau of Land Management (BLM) lands or Secretary of Agriculture with respect to National Forest System (NFS) lands) shall transfer management responsibilities to such State for the appropriate period. Outlines procedures for: (1) State applications for such management authority; (2) the granting of such authority; and (3) subsequent State management of such lands (including the continuation of all existing leases, permits, mineral rights, and other authorizations, and the collection of fees, rents, and other revenues). (Sec. 8) Authorizes appropriations to a State assuming such authority for three fiscal years following enactment of the legislation authorizing such transfer. (Sec. 10) Provides a ten-year term of State authority to manage eligible Federal lands, allowing such State to apply for an additional ten-year period or to apply for ownership of such lands. Provides for resumption of Federal authority over such lands if the term expires and no additional application is approved. (Sec. 12) Authorizes any nonprofit organization organized under the laws of a State in which the Federal lands are located to apply for authority to manage Federal lands comprising: (1) not less than all Federal lands within any BLM district or NFS unit in such State; and (2) not more than three BLM districts or NFS units, or a combination thereof, in the same general area. Outlines application requirements and procedures for granting management authority (including enactment of legislation authorizing such transfer) to such organizations. Authorizes appropriations to an organization assuming such authority for three fiscal years following enactment of the authorizing legislation. Provides an identical ten-year term of management authority for such organizations, with a right to apply for an additional ten-year period. Provides for resumption of Federal authority over such lands if such term expires and no additional application is approved. (Sec. 13) Provides venue in the appropriate State court for any action for which a State has assumed land management authority over Federal lands.
United States · United States Congress · 3 October 1997
TABLE OF CONTENTS: Title I: Ensuring the Effectiveness and Implementation of Federal Land Planning Part A: In General Part B: Resource Management and Management Activity Planning Part C: Challenges to Planning Title II: Coordination and Compliance with Other Environmental Laws Title III: Development of Ecoregion Assessments Title IV: Development of a Global Renewable Resources Assessment Title V: Administration Part A: In General Part B: Non-Federal Lands Part C: The Forest Resource Title VI: Miscellaneous Public Lands Management Improvement Act of 1997 - Provides that this Act shall prevail in the event of an inconsistency with other laws applicable to Federal lands, except for laws governing the National Wilderness Preservation System, the National Wild and Scenic Rivers System, or the National Trails System and as otherwise provided. Title I: Ensuring the Effectiveness and Implementation of Federal Land Planning - Part A: In General - Requires the mission of the Secretaries of Agriculture and the Interior to be to manage Federal lands to furnish a sustainable flow of multiple goods and services while protecting and providing a full range and diversity of natural habitats of native species. (Sec. 103) Directs the Secretaries, in rendering decisions concerning resource management plans for and management activities on Federal lands, to utilize the best scientific and commercial data available. Part B: Resource Management and Management Activity Planning - Limits the Secretaries to two levels of planning for Federal lands comprised of: (1) multiple-use planning in the form of resource management plans for planning units; and (2) site or area specific planning for management activities. Authorizes the Secretaries to conduct analyses or assessments for geographical areas larger or smaller than designated planning units but bars their application to affected Federal lands unless the resource management plans for such units are amended or revised in accordance with this Act and other laws. Grants the Secretaries three years from this Act's enactment date to amend or revise plans to modify policies in plans which do not comply with this Act's planning requirements. Terminates noncomplying plans after such three-year period. (Sec. 105) Sets forth specific plan requirements, planning deadlines, and procedures for amending and revising plans to eliminate conflicts between plan provisions and the Secretaries' policies. (Sec. 107) Continues management activities during the amendment or revision process, except as otherwise required by this Act, court order, or a formal declaration of the Secretary concerned. (Sec. 109) Requires, in preparing or revising plans, consideration of the stability of each community dependent on the resources of the Federal lands to which a plan applies. (Sec. 110) Requires alternatives to plans or revisions developed by independent committees of local interest to be included in documentation related to environmental impact assessment analyses under the National Environmental Policy Act of 1969 (NEPA). Requires committees to be composed of interests representing commodity resource production and noncommodity resource protection, respectively. Authorizes funding to such committees for plan monitoring and implementation if the Secretary concerned adopts a significant part of a committee's alternative. Encourages the Secretaries to establish committees corresponding to planning units. (Sec. 111) Requires consideration of ecosystem management principles in environmental analysis documents prepared for plans and plan revisions. Directs the Secretaries, in such documents, to specify the fully allocated cost, expressed as a user or cost-per- beneficiary, of each noncommodity output from Federal lands to which plans apply. (Sec. 113) Sets forth procedures for citizen petitions to challenge plans or plan revisions. (Sec. 114) Requires the President's budget requests to the Congress governing the planning and management of Federal lands to include a statement of what funds would be required to achieve 100 percent of annual outputs specified in, and implement fully, the plan for each planning unit. Directs each Secretary to report annually to specified congressional committees on the total cost and costs per function or procedure incurred in the preparation of plans, ecoregion assessments, and significant plan revisions, including costs incurred by other Federal agencies. (Sec. 115) Requires each Secretary to report in each decision to undertake a management activity on Federal lands that the decision contributes to or, at a minimum, does not preclude, achievement of plan goals, land allocations, outputs, or policies. Provides for monitoring of plan implementation and Federal land management at least every two years. Part C: Challenges to Planning - Requires each Secretary to promulgate regulations to govern administrative appeals of decisions to approve plans and plan revisions and to approve or disapprove Federal land management activities. Replaces certain Forest Service regulations promulgated pursuant to provisions related to decisionmaking and appeals reform with those required by this Act. (Sec. 117) Sets forth provisions regarding judicial review of challenges to planning, citizen suits, and filing deadlines. Title II: Coordination and Compliance with Other Environmental Laws - Directs the Secretary concerned to prepare an environmental impact statement (EIS) pursuant to NEPA in developing a plan or plan revision. Requires environmental assessments (or an EIS if the nature or scope of activity is substantially different from, or greater than, consequences considered in the plan EIS) with respect to planning management activities on Federal lands. (Sec. 203) Directs the Bureau of Land Management (BLM) or the Forest Service, as appropriate, to ensure that plan or management activities are not likely to jeopardize the existence of any threatened or endangered species or result in the destruction or adverse modification of critical habitat. Sets forth procedures for certifying such agencies to perform certain consultation and biological assessment actions currently assigned to the Secretaries of the Interior or Commerce. (Sec. 204) Deems management activities on Federal lands which constitute a nonpoint source of water pollution certified by the State in which the Federal lands are located to meet best management practices to be in compliance with area wide waste treatment management plans and State nonpoint source management programs under the Clean Water Act. (Sec. 205) Deems a prescribed use of fire on Federal lands which, pursuant to a finding by a Forest Service supervisor or BLM district manager, would reduce the risk of greater emissions from a wildfire and will be conducted in a manner to minimize air quality impacts, to be in compliance with State implementation plans for air quality standards and any other Environmental Protection Agency requirements imposed under the Clean Air Act. Title III: Development of Ecoregion Assessments - Authorizes each Secretary to prepare or participate in the preparation of ecoregion assessments which may encompass all Federal and non-Federal lands within a region specified by the Secretary. Permits the inclusion of non-Federal lands only upon concurrence of the affected State's Governor. Provides for review of assessments and requires the Forest Service or BLM to determine whether a plan revision is warranted. Bars regulation of non-Federal lands based on an assessment. (Sec. 306) Authorizes the Consortium of Regional Forest Assessment Centers, through the University of Washington, to conduct a review of the Pacific Northwest Forest Plan and supporting documentation, including documents regarding the Northern spotted owl. Requires such review to be submitted to specified congressional committees. Authorizes appropriations. Title IV: Development of a Global Renewable Resources Assessment - Directs the National Council on Renewable Resources Policy (established by this Act) to prepare a Global Renewable Resources Assessment, to be submitted to specified congressional committees every five years. (Sec. 403) Establishes the Council. (Sec. 404) Repeals provisions of the Forest and Rangeland Renewable Resources Planning Act relating to a Renewable Resource Assessment and presidential budget requests for Forest Service activities. Title V: Administration - Part A: In General - Sets forth provisions regarding the presidential appointment and confirmation of the Chief of the Forest Service. (Sec. 502) Requires the Secretary of the Interior to establish a Public Lands Monitoring Fund and the Secretary of Agriculture to establish a Forest Lands Monitoring Fund. (Sec. 503) Authorizes interagency land transfers and interchanges of jurisdiction between the Secretaries to facilitate land management or achieve other public purposes, subject to specified conditions. (Sec. 505) Requires the General Accounting Office to conduct, and report to specified congressional committees on, a study of the feasibility and likely effects of prohibiting appropriations to the Forest Service and the BLM, except for activities conducted on or related to non-Federal lands, and permitting such agencies to retain for their use, without fiscal year limitation, all revenues from Federal lands minus funds necessary to make payments to State and local governments. Part B: Non-Federal Lands - Sets forth deadlines and processing requirements for applications for access through Federal lands to non-Federal lands pursuant to the Alaska National Interest Lands Conservation Act. (Sec. 507) Amends the Federal Land Policy and Management Act of 1976 to set forth certain procedural deadlines and requirements related to the exchange of Federal lands for non-Federal lands. Increases the maximum combined value of Federal lands that may be exchanged in exchanges of lands of approximately equal value. Part C: The Forest Resource - Authorizes the Secretaries to require, as a condition of any specific salvage sale of forest products from Federal lands or any sale of forest products constituting a forest health enhancement project, that the purchaser undertake a forest management activity which addresses effects of the sale or past sales or involves vegetation management within the sale or affected area. Sets forth financing provisions and authorizes the use of appropriated funds for such activities, subject to certain conditions. Requires the Secretary, prior to the advertisement of such sales, to determine the amount of forest health credits to be allocated to each activity to be performed by the purchaser. Permits the transfer of unused credits from one sale to another sale held by the same purchaser if the other sale applies to Federal lands under the jurisdiction of the same Secretary and is located in the same State as the original sale. Terminates the authority to offer such sales five years after this Act's enactment date but continues contracts in effect on such date. (Sec. 509) Requires the Secretary of the Interior to maintain a special fund to be derived from the Federal share of monies received from the salvage sales of forest products from BLM lands and to be available for planning, preparing, and administering such sales, subsequent site preparation and reforestation, and forest health enhancement projects. Credits the Federal share of all monies received from such sales and other specified activities on lands within the National Forest System to the Forest Service Permanent Appropriations. Lists purposes for which such funds shall be expended. Considers monies received from salvage sales and other activities funded by this section to be money received for purposes of computing and distributing payments to State and local governments under other law concerning the distribution of revenues derived from forest resources from affected lands. (Sec. 510) Requires the Secretaries, to the extent feasible and subject to specified conditions, to use private contractors to prepare sales for forest products. (Sec. 511) Permits purchasers of sales of forest products from Federal lands, with specified exceptions, to elect not to harvest the stands of trees subject to the sale. (Sec. 512) Amends the Federal Land Policy and Management Act of 1976 to bar the imposition of liability without fault for fire suppression costs with respect to a right-of-way granted or renewed to or for a nonprofit entity. Title VI: Miscellaneous - Authorizes appropriations to carry out this Act. (Sec. 604) Sets forth certain laws that will prevail in case of inconsistencies with this Act.
United States · United States Congress · 3 October 1997
Amends the Internal Revenue Code to repeal the post-1987 reduction in the State ceiling on private activity bonds. Provides, beginning in 1999, for cost-of-living adjustments in the State ceiling on such bonds.
United States · United States Congress · 1 October 1997
Special Separation Benefits Improvement Act - Limits the amount of veterans' disability compensation that may be deducted as a result of the payment of special separation benefits to not more than 75 percent of the amount of the separation benefits. Makes such amendment effective for benefits paid for months beginning after December 5, 1991.
United States · United States Congress · 30 September 1997
Safety Advancement for Employees Act of 1997 - SAFE Act - Amends the Occupational Safety and Health Act of 1970 (OSHA) to authorize employers to establish employer and employee safety and health participation committees. States that such committees shall not constitute labor organizations for purposes of the National Labor Relations Act or the Railway Labor Act. (Sec. 4) Directs the Secretary of Labor to establish a special advisory committee, with expertise in workplace safety and health, to advise on the establishment and implementation of a third party consultation services program. (Sec. 5) Directs the Secretary to establish a third party consultation services program that certifies individuals to provide consultation services to help employers identify and correct safety and health hazards in the workplace. Provides for: (1) a registry of certified consultants; (2) disciplinary actions against consultants for malfeasance; (3) scope and guidelines for such consultative services; and (4) access to records. Exempts any employer receiving a declaration of OSHA compliance from a certified consultant from assessment of certain civil penalties for two years after receipt of such declaration, except in specified circumstances. (Sec. 6) Directs the Secretary, before issuing a final OSHA standard, to submit for review the draft final standard and a copy of the administrative record to the National Academy of Sciences (NAS). Directs NAS to appoint an independent Scientific Review Committee to review the draft final standard and the scientific literature, and make written recommendations to the Secretary. (Sec. 7) Requires certain Federal personnel responsible for enforcing OSHA to: (1) meet specified eligibility requirements; and (2) receive professional education and training at least every five years if they carry out inspections or investigations. (Sec. 8) Revises inspection procedures. Prohibits the Secretary from establishing any quotas for subordinates within the Occupational Safety and Health Administration with respect to number of inspections conducted, citations issued, or penalties collected. (Sec. 9) Establishes the use of alternative safe methods as an affirmative defense for employers. Establishes a civil penalty for employee violations of specified OSHA requirements. (Sec. 10) Reduces the types of violations of posting or paperwork requirements for which an employer may be assessed a civil penalty. (Sec. 11) Revises factors which the Occupational Safety and Health Review Commission is required to consider in assessing civil penalties. (Sec. 12) Directs the Secretary to enter into cooperative agreements with States for State consultation services to employers concerning the provision of safe and healthful working conditions. Directs the Secretary to carry out a two-year pilot program in three States to provide small businesses, upon request, for a nominal fee, with expedited consultation services on safe and healthful working conditions. Requires the Secretary, before issuing a citation to an employer for a violation found during a consultation, to permit the employer to carry out corrective measures. (Sec. 13) Directs the Secretary to establish: (1) cooperative agreements to encourage the establishment of comprehensive safety and health management systems with specified features; and (2) a voluntary protection program with specified features to encourage the achievement of excellence in both the technical and managerial protection of employees from occupational hazards. (Sec. 14) Authorizes employers to establish alcohol and substance abuse testing programs in accordance with specified Federal guidelines. (Sec. 15) Sets forth consultation alternatives to issuance of citations.
United States · United States Congress · 29 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2000; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2000. Prohibits the provisions of the preceding sentence from applying to taxes imposed by the following chapters of the Code: (1) two (relating to the tax on self-employment income); (2) 21 (Federal Insurance Contributions Act); and (3) 22 (Railroad Retirement Tax Act).
United States · United States Congress · 26 September 1997
50 States Commemorative Coin Program Act - Amends Federal law to mandate redesign of quarter-dollar coins issued during the ten-year period beginning 1999, with the reverse side emblematic of five of the 50 States each year during such period, selected in the order of their ratification of the U.S. Constitution or their admission to the Union.
United States · United States Congress · 26 September 1997
Small Reclamation Water Resources Project Act of 1997 - Amends the Small Reclamation Projects Act of 1956 (the Act) to: (1) include the development of irrigation projects as an authorized purpose under the Act; (2) include as an authorized water resources project (project) a development or rehabilitation project carried out by a non-Federal organization (organization) under the Federal reclamation laws in one or more of the 17 western reclamation States; and (3) define "water quality improvements" for purposes of such Act. Establishes within the Bureau of Reclamation of the Department of the Interior a program under which the Secretary of the Interior may make grants to organizations to carry out projects. Requires any organization applying for such assistance to submit to the Secretary a project proposal which shall include a project plan and estimated costs comparable to those included in preauthorization reports required for a Federal reclamation project. Directs the Secretary to require each organization to contribute no less than 25 and no more than 40 percent of the estimated project costs. Provides a maximum allowable Federal share of project costs of $30 million per project. Requires project approval or disapproval within one year of submission. Outlines project contract terms and conditions to be negotiated by the Secretary upon approval of any project proposal. Limits loan terms to no less than 15 and no more than 25 years. Establishes within the Bureau the Small Reclamation Water Resources Management Partnership Program for a small grant and loan program. Limits grants to $5 million for a single project, to be matched on a 50-50 basis. Limits loans to $1.5 million per project. Provides funding. Requires loans to be repaid within five years of project completion. Includes as eligible activities for such grants and loans: (1) water conservation; (2) fish and wildlife enhancement; (3) public safety; (4) public outdoor recreation; and (5) archaelogical surveys. Authorizes the Secretary to add to such list as considered appropriate, requiring 60 days' prior notice and publication of the proposed additions. Outlines application requirements and terms and conditions of project work. Establishes within the Bureau a demonstration program to guarantee loans for projects receiving loans or grants under the Act. Authorizes the Secretary to expend up to ten percent of amounts available under the Act for such program. Directs the Secretary to use competitive procedures in the selection of loan guarantee recipients, using specified criteria. Requires 75 percent of the loan guarantee funding to be expended for the general grant and loan program, and 25 percent to be expended for the small grant and loan program. Directs the Secretary to report to the Congress on the beneficial use and suggested improvements associated with the use of loan guarantees as a mechanism for project construction. Requires: (1) each proposal for a loan, grant, or guarantee under the Act to be accompanied by payment of a specified proposal fee; and (2) each loan, grant, or guarantee recipient to be solely responsible for planning, constructing, operating, and maintaining such project. Gives priority to approved proposals which are related to presently authorized reclamation projects that will benefit from work carried out under the proposal. Authorizes the head of any Federal department or agency to make available to the organization any appropriate information and material useful to the planning, design, construction, or operation and maintenance of a project. Requires project planning and construction to be in compliance with the Fish and Wildlife Coordination Act.
United States · United States Congress · 26 September 1997
Prohibits the imposition of any tax by the Internal Revenue Code: (1) for any taxable year beginning after December 31, 2001; and (2) in the case of any tax not imposed on the basis of a taxable year, on any taxable event or for any period after December 31, 2001. Declares that any new Federal tax system should be a simple and fair system.
United States · United States Congress · 24 September 1997
Amends the General Education Provisions Act to prohibit the use of funds provided to the Department of Education, or for an applicable program, to develop, plan, implement, or administer any national testing program. Exempts from such funding prohibition: (1) the National Assessment of Educational Progress under the National Education Statistics Act of 1994; and (2) the Third International Mathematics and Science Study.
United States · United States Congress · 23 September 1997
Property Owners Access to Justice Act of 1997 - Amends the Federal judicial code to provide that whenever a district court has jurisdiction in civil rights cases it shall not abstain from exercising or relinquishing its jurisdiction to a State court in an action where no claim of a violation of a State law, right, or privilege is alleged. Authorizes the district court, in such cases that cannot be decided without resolution of a significant but unsettled question of State law, to certify such question to the highest appellate court of that State (and after the State appellate court resolves the question certified to it, the district court shall proceed with resolving the merits). Bars the district court from certifying a question of State law unless such question will significantly affect the merits of the injured party's Federal claim and is so unclear and obviously susceptible to a limiting construction as to render premature a decision on the merits of the constitutional or legal issue in the case. Requires that any claim or action brought to redress the deprivation of a property right or privilege secured by the Constitution be ripe for adjudication by the district courts upon a final decision rendered by any person acting under color of any statute, ordinance, regulation, custom, or usage, of any State or territory of the United States, that causes actual and concrete injury to the party seeking redress. Provides that any claim brought under provisions regarding the United States as defendant and regarding the jurisdiction of the Court of Federal Claims, that is founded upon a property right or privilege secured by the Constitution but allegedly infringed or taken by the United States, shall be ripe for adjudication upon a final decision rendered by the United States that causes actual and concrete injury to the party seeking redress. Sets guidelines for what constitutes a "final decision" for purposes of this Act.
United States · United States Congress · 18 September 1997
Medicare Beneficiary Freedom To Contract Act of 1997 - Amends title XVIII (Medicare) of the Social Security Act to revise provisions added by the Balanced Budget Act of 1997 regarding the use of private contracts by Medicare beneficiaries for professional services. Outlines specific requirements for private contracts between Medicare beneficiaries and physicians or health care practitioners for services for which no Medicare claims may be submitted.
United States · United States Congress · 18 September 1997
TABLE OF CONTENTS: Title I: Reasonable Efforts and Safety Requirements for Foster Care and Adoption Placements Title II: Incentives for Providing Permanent Families for Children Title III: Additional Improvements and Reforms Title IV: Miscellaneous Title V: Effective Date Promotion of Adoption, Safety, and Support for Abused and Neglected Children (PASS) Act - Title I: Reasonable Efforts and Safety Requirements for Foster Care and Adoption Placements - Amends title IV part E (Foster Care and Adoption Assistance) of the Social Security Act (SSA) to declare that, in meeting the "reasonable efforts" requirement of family preservation and reunification, the paramount concern of a State plan for foster care and adoption assistance shall be the health and safety of the child. States that reasonable efforts to preserve and reunify the family shall not be required on behalf of certain parents, including those who have murdered or committed felony assault against another child, or who would otherwise pose a serious risk to a child's health or safety. (Sec. 102) Includes the safety of the child in State case planning and review system requirements. (Sec. 103) Requires a State plan for foster care and adoption assistance to include certification by the State to the Secretary of Health and Human Services that it has established a State child death review team to investigate and prevent fatal child abuse and neglect. Requires the Secretary to establish a Federal child death review team to review child death reports on Federal lands, disseminate information to State and local jurisdictions, and develop policy and procedural recommendations for the Congress and the States. (Sec. 104) Delineates circumstances compelling a State to file a parental rights termination petition and concurrently initiate selection of a qualified family for an adoption for certain children in foster care or under State responsibility. Sets forth a one-year statute of limitations for appeals of orders terminating parental rights, or court-ordered removal of a child. (Sec. 106) Makes the Federal Parent Locator Service available to child welfare services for enforcement of child custody or visitation orders. (Sec. 107) Requires State plans for foster care and adoption assistance to provide: (1) procedures for criminal records checks for prospective foster and adoptive parents and group care staff; and (2) standards and guidelines ensuring quality services that protect the safety and health of children in foster care placements with agencies. (Sec. 109) Requires a case plan for a child for whom the State's goal is adoption or placement in another permanent home to document State agency efforts to accomplish that goal. Title II: Incentives for Providing Permanent Families for Children - Authorizes the Secretary to award an adoption incentive grant to an incentive-eligible State meeting specified criteria whose number of foster child or special needs adoptions for a fiscal year exceeds the number of such adoptions for the previous fiscal year. (Sec. 202) Modifies Adoption Assistance Program guidelines regarding a child with special needs to include a child who: (1) was in the care of a public or licensed private child care agency (or Indian tribal organization) prior to termination of parental rights or initiation of adoption proceedings; or (2) answers the same description but is not a U.S. citizen or resident. (Sec. 203) Authorizes the Secretary to provide technical assistance to States and local communities to reach their targets for increased adoptions or alternative permanent placements for children in foster care. (Sec. 204) Requires a State plan for foster care and adoption assistance to proscribe geographic barriers to interstate adoption or foster care placement. Instructs the Secretary to appoint an advisory panel to report on interjurisdictional adoption issues and to recommend procedural improvements to facilitate such adoptions. (Sec. 205) Authorizes the Secretary to use Department of Health and Human Services facilities to facilitate the voluntary, mutually requested reunion of an adult adopted child age 21 with any birth parent, or adult adopted sibling age 21, if certain confidentiality criteria are met. (Sec. 206) Directs the Secretary to issue an annual report rating the performance of each State in protecting children placed in foster care, for adoption, or with a relative or guardian. Title III: Additional Improvements and Reforms - Expands from ten to 15 the number of States authorized to conduct child welfare demonstration projects. (Sec. 301) Changes the mandatory annual dispositional hearing for a child in foster care to a mandatory semiannual permanency planning hearing. (Sec. 302) Requires the Secretary to report to the interjurisdictional adoption advisory panel on the extent to which children in foster care are placed in kinship care, and subsequently to certain congressional committees, following advisory panel review and comment on the report. (Sec. 304) Expresses the sense of the Congress that the States should have procedures in effect for a chronically ill or near-death parent, without surrendering parental rights, to designate a standby guardian for the minor children, to take effect on the parent's death, mental incapacity, or physical debilitation (with consent). (Sec. 305) Requires that independent living programs be designed, among others, for children with respect to whom foster care maintenance payments are no longer being made because the child has accumulated assets of up to $5,000 which are otherwise regarded as resources in determining eligibility for Federal foster care benefits. (Sec. 306) Requires the Comptroller General to study and report to the Congress on: (1) State and Federal programs that may fund substance abuse prevention and treatment services; (2) joint substance abuse prevention and treatment activities that are conducted by State agencies and State child welfare agencies; and (3) how those agencies address the needs of infants exposed to substance abuse. Provides guidelines for foster care maintenance payments to a child placed with a parent in a residential treatment program designed for specified purposes. (Sec. 307) Authorizes appropriations for family preservation and support services for FY 1999 through 2003. Mandates that State plans have a minimum spending requirement of 25 percent of certain funds for time-limited family reunification services. (Sec. 308) Authorizes the Secretary to award grants to the States to implement innovations to reduce backlogs of children awaiting adoption or foster care placement. Authorizes appropriations. Title IV: Miscellaneous - Requires the Commissioner of Social Security to report to certain congressional committees on State or local child welfare service agencies that act as representative payees on behalf of children under their care for purposes of receiving supplemental security income payments. (Sec. 404) Amends SSA title XIX (Medicaid) and part A (Temporary Assistance for Needy Families) (TANF) of SSA title IV to set forth guidelines for allocating the administrative costs of determining eligibility for such benefits. Title V: Effective Date - Sets forth effective dates for amendments made by this Act.
United States · United States Congress · 16 September 1997
Endangered Species Recovery Act of 1997 - Amends the Endangered Species Act to direct the Secretary of the Interior or Commerce, as appropriate, where required to use the best scientific and commercial data available, to give greater weight to data that is empirical, field-tested, or peer-reviewed when evaluating comparable data. Adds the introduction of species and competition to the list of factors to be considered in making determinations of whether a species is endangered or threatened. Repeals a requirement that a designation of critical habitat be made concurrently with any such determination. Requires the Secretary, upon a determination that the goals of the recovery plan for a species have been met, to initiate procedures for determining whether to remove a species from the endangered or threatened list. Expands provisions which allow petitions for proposed additions to, or removals from, endangered or threatened lists to authorize petitions for changing a species status from a previous determination with respect to such lists. Sets forth minimum requirements for information to be provided by petitions, including: (1) descriptions of available data on historical and current range and distribution of the species; (2) appraisals of available data on status and trends of populations of, and threats to, the species; and (3) identification of information contained in the petition that has been peer-reviewed or field-tested. Sets forth requirements for notification of State agencies to solicit assessment of petitions or proposals by the Secretary to list a species. Requires a public hearing to be held in each State that would be affected by a proposed regulation on endangered or threatened species, at the request of any person. Limits the total number of hearings to five. Provides for independent scientific peer review of proposed regulations on endangered or threatened species or determinations that a species should be removed from a list. Repeals provisions regarding recovery plans. Permits withholding or limiting the availability of data requested under Freedom of Information Act provisions if release of the data would be likely to result in increased take of an endangered or threatened species or one proposed for listing. (Sec. 3) Requires the Secretary, on the basis of the best scientific and commercial data available, to develop and implement plans for the conservation and recovery of endangered and threatened species unless a plan will not promote the conservation of the species or an existing plan or strategy for conservation already serves as the functional equivalent of such plan. Gives priority to plans that: (1) address significant and immediate threats to the survival of a species, have the greatest likelihood of achieving species recovery, and will benefit species that are more taxonomically distinct; (2) address multiple species that are dependent on the same habitat as the endangered or threatened species; (3) reduce conflicts with construction, development projects, jobs, or other economic activities; and (4) reduce conflicts with military training and operations. Establishes deadlines for the publication of draft and final recovery plans. Requires plans to: (1) contain biological recovery goals and objective, measurable benchmarks to determine progress toward such goals; and (2) identify Federal agencies that authorize, fund, or carry out actions likely to have a significant impact on prospects for recovering the species. Makes such goals subject to independent scientific review. Establishes deadlines for the Secretary's review of existing and future plans. Provides for revision of plans if new information indicates that recovery goals will not achieve conservation and recovery. Permits the Secretary to enter into agreements with Federal agencies, affected States, Indian tribes, local governments, private landowners, and organizations to implement conservation measures identified by approved plans that promote species recovery on lands or waters owned by, or within the jurisdiction of, such parties. Authorizes grants of up to $25,000 to individual landowners for carrying out such agreements. Bars grants for actions for which a permit is required under any Federal law. Sets forth conditions under which States may develop recovery plans. Revises provisions regarding designations of critical habitat. Authorizes the Secretary to designate critical habitat concurrently with the determination that a species is endangered or threatened if such designation is essential to avoid imminent extinction. Provides for revisions of such designations, as appropriate. (Sec. 4) Requires Federal agencies responsible for the management of lands and waters to: (1) provide the Secretary with an inventory of endangered and threatened species as well as species proposed, or identified as candidates, for listing on lands or waters under their control; and (2) update such inventory at least every five years. Directs Federal agencies, prior to commencing any action, to notify the Secretary if such action may affect an endangered or threatened species or critical habitat. Requires a Federal agency to consult with the Secretary on each action for which notification is required unless: (1) such agency determines, based on the opinion of a qualified biologist that the action is not likely to adversely affect such species or habitat; (2) the agency has made such determination and provides the Secretary with the information on which the determination was based; and (3) the Secretary does not object to such determination within 60 days of receiving notification. Permits the Secretary to identify categories of actions determined to have adverse effects and for which consultation shall not apply. Authorizes the Secretary to object to agency determinations under certain conditions. Requires the Secretary to enter into arrangements with the National Academy of Sciences to review and report on agency determinations made under this section. Directs the Comptroller General to report to the Senate Committee on Environment and Public Works and the House Committee on Resources on the cost of formal consultation to Federal agencies and other persons. Authorizes Federal agencies implementing land use or resource management plans to authorize, fund, or carry out a site-specific ongoing or previously scheduled action prior to completing consultation if no consultation is required or the Secretary issues a biological opinion and the action satisfies relevant requirements. Authorizes consultation and conferencing between the Secretary and a Federal agency, with the Secretary's approval, to encompass a number of related or similar actions by the agency within a particular geographic area. Permits the consolidation of requests for consultation or conferencing from various Federal agencies whose actions may affect the same species within a particular geographic area. Provides for the participation of States and persons who have sought authorization or funding subject to consultation in consultation proceedings. (Sec. 5) Authorizes the development of multiple species conservation plans which may include measures for non-listed species. (Conservation plans are required to be developed in connection with incidental takings of species which are otherwise prohibited.) Authorizes the Secretary and the heads of Federal agencies to provide technical assistance or guidance to States or persons developing such plans. Establishes deadlines for plan approval. Allows the Secretary to issue a permit for a low effect activity authorizing an otherwise prohibited taking if the activity will have no more than a negligible effect on the species, any taking will be incidental, and the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild. Requires the Secretary to minimize permitting costs by developing model permit applications that would constitute conservation plans for low effect activities. Requires conservation plans to include a "no surprises" provision such that a person who is in compliance with a plan may not be required to undertake additional mitigation measures for a species covered by the plan if such measures would require additional money or the adoption of additional use, development, or management restrictions on land, waters, or water-related rights that would otherwise be available under the plan. Provides for the identification of plan modifications or other measures that may be required under extraordinary circumstances. Authorizes the Secretary to enter into candidate conservation agreements with a non-Federal person for a species that is proposed for listing, is a candidate species, or is likely to become a candidate species. Sets forth conditions for approval of such agreements. Includes a "no surprises" provision in such agreements as well. Provides for public participation in the development of multiple species conservation plans and permit applications. Authorizes the Secretary to enter into safe harbor agreements with non-Federal persons to benefit the conservation of endangered or threatened species by creating, restoring, or improving habitat or by maintaining currently unoccupied habitat for such species. Requires the Secretary, under such agreements, to permit the person to take endangered or threatened species on lands or waters subject to the agreement if the taking is incidental to, and not the purpose of, an otherwise lawful activity. Prescribes a mutually agreed upon baseline requirement that will, at a minimum, maintain existing conditions for the species. Authorizes the baseline to be expressed in terms of the abundance or distribution of species, quantity or quality of habitat, or other appropriate indicators. Provides for grants of up to $10,000 to any private landowner to carry out such agreements, subject to the availability of appropriations. Requires the Secretary to: (1) establish a habitat reserve program to be implemented through contracts or easements to assist non-Federal property owners in preserving and managing suitable habitat for endangered and threatened species; and (2) make payments to such property owners for carrying out an agreement, provided that the activities carried out are not otherwise required by the Act. Authorizes appropriations. Establishes the Habitat Conservation Planning Fund, from which the Secretary may make interest-free advances to States and other political subdivisions to assist in the development of conservation plans. Requires advances to be repaid within ten years or earlier, if no conservation plan is developed or no permit for incidental taking is issued. (Sec. 6) Requires, in civil and criminal actions, actions to enjoin persons alleged to be in violation, or citizen suits brought under the Act, that the Secretary, Attorney General, or other person, as appropriate, establish, using scientifically valid principles, that the acts of a person have caused or will cause the taking of an endangered or threatened species. (Sec. 7) Directs the Secretary to implement a private landowners education and technical assistance program to: (1) inform the public about the Act; (2) respond to requests for technical assistance from property owners interested in conserving listed species, those proposed for listing, and candidate species; and (3) recognize exemplary efforts to conserve species on private land. (Sec. 8) Extends the authorization of appropriations to carry out the Act through FY 2003. Makes additional authorizations of appropriations to carry out specified activities under this Act.
United States · United States Congress · 15 September 1997
State and Local Government Participation Act of 1997 - Amends the National Environmental Policy Act of 1969 to require Federal officials, prior to making environmental impact statements on proposed actions and legislative proposals, to obtain the comments of Federal and State agencies and county governments (currently, Federal agencies) which have jurisdiction or special expertise with respect to involved environmental impacts.
United States · United States Congress · 9 September 1997
Disapproves the President's cancellations (line item veto) of provisions in the Taxpayer Relief Act of 1997 that provide for: (1) tax exemptions for active financing income of certain financial service providers; and (2) nonrecognition of gain on sales of stock of qualified farm product refiners or processors to eligible farmers' cooperatives.
United States · United States Congress · 8 September 1997
Directs the Secretary of Agriculture to continue operation of the Food Animal Residue Avoidance Database program through contracts with appropriate colleges or universities. Authorizes appropriations.
United States · United States Congress · 2 September 1997
TABLE OF CONTENTS: Title I: Alternative Fuels - General Title II: Alternative Fuels - Non-Federal Programs Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles Biodiesel Energy Development Act of 1997 - Title I: Alternative Fuels - General - Amends the Energy Policy Act of 1992 to modify definitions relating to alternative fuels, dual-fueled vehicles, heavy duty motor vehicles, and marine vessels. Amends the Energy Policy and Conservation Act with respect to alternative fuel use by light duty Federal vehicles to provide that if such vehicles are not acquired from original equipment manufacturers, existing fleet vehicles may be converted to use alternative fuels at the time of a major vehicle overhaul or rebuild. Amends the Energy Policy Act of 1992 to require the Secretary of Energy (Secretary), if appropriate, to permit a Federal fleet to: (1) acquire one heavy duty alternative fueled vehicle in place of two light duty alternative fueled vehicles; and (2) take an additional credit for the purchase and documented use of alternative fuel used in a dual-fueled vehicle, comparable conventionally-fueled motor vehicle, or marine vessel. Title II: Alternative Fuels - Non-Federal Programs - Requires State and local alternative fuel incentives programs to include the goal of introducing substantial numbers of light and heavy duty alternative fuels vehicles and increasing the use of alternative fuels. Conditions State eligibility for Federal assistance upon inclusion in each State plan of an examination of the introduction of converted or acquired light and heavy duty alternative fueled vehicles in State-owned or operated motor vehicle fleets. (Sec. 201) Authorizes the Secretary to provide, upon State request, Federal financial assistance grants for the incremental purchase cost of alternative fuels. Directs the Secretary to report annually to the President and the Congress on the volume of alternative fuel consumed. (Sec. 202) Authorizes the Secretary of Transportation to provide financial assistance to States and political subdivisions for the incremental cost of alternative fuels used in flexible fueled school buses and school bus conversions to alternative fueled vehicles. (Sec. 203) Requires the Secretary to study and report to Congress on alternative fuel use in marine vessels. Title III: Availability and Use of Replacement Fuels, Alternative Fuels, and Alternative Fueled Vehicles - Modifies the mandate for alternative fuel providers to include regulation of heavy duty trucks. (Sec. 301) Cites circumstances under which the Secretary may allow the conversion of an existing fleet vehicle into a dual-fueled alternative fueled vehicle at the time of a major vehicle overhaul or rebuild. (Sec. 302) Directs the Secretary to: (1) include heavy duty motor vehicles in the program to promote the development and use in light duty motor vehicles of domestic replacement fuels; and (2) review every five years a development plan and production goals for replacement fuel supply and demand. (Sec. 304) Modifies the fleet program purchase goals to require that specified percentages of new light duty motor vehicles acquired in each model year be acquired as, or converted into, alternative fueled vehicles. Modifies the fleet requirement program to direct the Secretary to permit fleets to substitute the acquisition or conversion of one heavy duty alternative fueled vehicle for two light duty vehicle acquisitions to meet program requirements. Permits a fleet owner to convert an existing fleet vehicle into an alternative fueled vehicle, and purchase the fuel for such vehicle for compliance purposes, if the original equipment manufacturer's warranty continues to apply to the vehicle. Allows a fleet owner a credit for such conversion. (Sec. 305) Instructs the Secretary to allocate a credit to a fleet or covered person that acquires a volume of alternative fuel equal to the estimated need for one year for any dual-fueled vehicle acquired or converted under this Act. Sets forth a credit allocation scheme for dual-fueled vehicles and alternative fuel. (Sec. 306) Requires the Secretary to submit to the Congress recommended requirements for exempting replacement fuels from taxes levied on non-replacement fuels if the Secretary notifies the Congress that a fleet requirement program is not necessary.
United States · United States Congress · 31 July 1997
Interstate Compact - Grants the consent of the Congress to the Northwestern Wildland Fire Protection Agreement to promote effective prevention, presuppression, and control of forest fires in the Northwestern wildland region of the United States and adjacent areas of Canada.
United States · United States Congress · 31 July 1997
TABLE OF CONTENTS: Title II (sic): Disposition of Locatable Mineral Deposits Title III: Surface Management of Mineral Activities Title IV: Royalty Title V: Abandoned Locatable Minerals Mine Reclamation Program Title VI: Mineral Materials Title VII: Administrative Provisions Mining Law Reform Act of 1997 - Declares that it is the purpose of this Act to: (1) promote mineral exploration and development; (2) ensure land reclamation; and (3) avoid claims of takings of property rights that could require compensation under the fifth amendment to the Constitution. Title II (sic): Disposition of Locatable Mineral Deposits - Mandates: (1) an annual $100 maintenance fee, payable in advance, for each unpatented mining claim or site until a patent has been issued therefor; and (2) an initial maintenance fee of $100 for the assessment year which includes the date of location of such mining claim or site. (Sec. 201) Sets forth claim maintenance and assessment work requirements. Confers the right of exclusive possession upon the owner of any unpatented mining claim or site in compliance with this Act. Requires the owner of each unpatented mining claim or site to pay a location fee of $25 per claim at the time the notice or certificate of location is filed. Credits the annual claim maintenance fee payments for an unpatented mining claim or site against the requisite royalties. Prescribes procedural guidelines for fee adjustments and disposition. Exempts from application of this section any oil shale claims subject to claim maintenance fees under the Energy Policy Act of 1992. Repeals the fee requirements of the Omnibus Budget Reconciliation Act of 1993. Amends the Federal Land Policy and Management Act of 1976 (FLPMA) to: (1) repeal the filing requirements for mining claim recordation; and (2) declare that failure to file a timely notice or certificate of location shall constitute forfeiture of the mining claim and render the claim null and void. (Sec. 202) Permits waiver of the maintenance fee upon written certification that the owner and all related persons own not more than 25 unpatented mining claims or sites. (Sec. 203) Prohibits the Secretary of the Interior from denying residential occupancy, or requiring removal of equipment or facilities, if a notice of intent or plan of operations shows such occupancy to be reasonably required. (Sec. 204) Prescribes general patent issuance guidelines. Retains a Federal right of reentry in lands patented under this Act. Delineates circumstances under which such right shall ripen. Declares this Act inapplicable to mining claims and sites contained within mineral patent applications pending as of September 30, 1997, or for which a vested possessory property right against the United States exists on the date of enactment of this Act. Title III: Surface Management of Mineral Activities - Declares that compliance with this title constitutes compliance with specified provisions of the FLPMA and any other law applicable to Federal lands subject to this title within the National Forest System. States that this Act is applicable only to mineral activities on those Federal lands where the surface estate is managed by the Bureau of Land Management or the U.S. Forest Service. Cites the Federal environmental protection statutes applicable to mining operations under this Act. (Sec. 302) Prescribes procedural guidelines for: (1) authorization of mineral activities and plans of operations requirements (including a reclamation plan that complies with State requirements, and evidence of financial assurance); (2) cooperative agreements for joint administration between the Secretary and the requesting State; and (3) enforcement and administrative and judicial review. Title IV: Royalty - Imposes a royalty of five percent of the net proceeds upon the production and sale of locatable minerals from any unpatented mining claim (and from certain patented claims). Waives the royalty for: (1) any person with annual net proceeds from such mineral production of less than $50,000; and (2) minerals processed at a facility by the same person which extracted the minerals if a certain urban development action grant has been made. Prescribes royalty payment guidelines. Establishes civil penalties for nonpayment of royalties. Title V: Abandoned Locatable Minerals Mine Reclamation Program - Requires any State which wishes to receive certain royalty proceeds to establish an interest-bearing abandoned locatable mineral mine reclamation fund. (Sec. 501) Establishes the Abandoned Locatable Minerals Mine Reclamation Fund to consist of certain allocated royalty receipts in a State where a State Fund has not been established. (Sec. 503) Identifies: (1) Federal lands and water eligible for reclamation under this Act; and (2) reclamation uses and objectives for moneys in a State Fund. (Sec. 505) Requires each State with a State Fund to furnish an annual accounting report to the Congress. Title VI: Mineral Materials - Amends Federal law to subject all mineral materials deposits to disposal under the terms of the Materials Act of 1947 (eliminating the concept of uncommon varieties). (Sec. 602) Amends Federal law to state that lands known to contain valuable deposits of mineral materials, but not covered by any contract, permit, or lease, or by a valid mining claim, for uncommon varieties of mineral materials, are subject to disposition by lease by the Secretary. Cites as lease conditions: (1) a minimum royalty payment of two percent of the quantity or gross value of the mineral output; and (2) certain rental payments. Specifies such rental payments in the following order: (1) 25 cents per acre for the first calendar year; (2) 50 cents for the second, third, fourth, and fifth years, respectively; and (3) $1 per acre per annum thereafter for the life of the lease. Requires such rental to be credited against royalties accruing for the year. Sets the lease term for 20 years and so long thereafter as the lessee complies with the lease terms. Conditions leases upon a minimum annual production, or payment of a minimum royalty in lieu thereof. Authorizes the Secretary to permit suspension of operations under such leases when marketing conditions do not permit leases to operate without a loss. Directs the Secretary to renew leases subject to the same tenure and conditions as provided for in this Act. Authorizes the Secretary to grant prospecting permits with the exclusive right to prospect for mineral materials for a maximum two-year period on up to 2,560 acres of Federal land in reasonably compact form. Entitles a permittee to lease the land described in such permit (subject to a minimum royalty of two percent of the quantity or gross value of the mineral material output at the point of shipment to market) upon showing that the permittee has discovered valuable mineral deposits subject to the Materials Act of 1947. Entitles holders of valid mining claims for uncommon varieties of mineral materials to receive a lease. Amends Federal law regarding unpatented mining claims to assert the Federal right to manage and dispose of mineral material surface resources, or to sever, remove, or use them before issuance of a mining patent. Authorizes the Secretary to negotiate a contract for the disposal of mineral materials, in lieu of disposing of them to the highest responsible qualified bidder after formal public notice, as required by current law. Title VII: Administrative Provisions - Declares that this Act supersedes the general mining laws only to the extent that they conflict with the requirements of this Act. Sets forth the effect of this Act upon other Federal and State laws.
United States · United States Congress · 31 July 1997
Parent and Student Savings Account PLUS Act - Amends the Internal Revenue Code with respect to education individual retirement accounts to: (1) include qualified elementary and secondary education expenses (including home schooling); and (2) increase annual contribution limits to $2,000.
United States · United States Congress · 31 July 1997
Calls for: (1) the President to demand that the Government of Russia take actions to stop governmental and nongovernmental entities in the Russian Federation from providing missile technology and technical advice to Iran in violation of the Missile Technology Control Regime; (2) the United States, if Russia's response is inadequate, to impose sanctions on the responsible Russian entities in accordance with Executive Order 12938 on the Proliferation of Weapons of Mass Destruction and to reassess cooperative activities with Russia; (3) raising the threshold under current law allowing for the waiver of the prohibition on the release of foreign assistance to Russia; and (4) encouragement of our European allies to take steps to stop such proliferation.
United States · United States Congress · 29 July 1997
National Aquaculture Development, Research, and Promotion Act of 1997 - Amends the National Aquaculture Act of 1980 to: (1) authorize the Secretary of Agriculture to establish at regional aquaculture centers a means of electronically compiling information for the National Aquaculture Information Center; and (2) authorize (current law requires) the Secretary to establish within the Department of Agriculture a National Aquaculture Information Center. (Sec. 6) Provides for coordination with the aquaculture industry. (Sec. 7) Authorizes the Secretary to make grants and enter into contracts for aquaculture commercialization research. (Sec. 8) Directs the Secretary to: (1) implement a national policy for private aquaculture; (2) implement a Department of Agriculture Aquaculture Plan; (3) treat private aquaculture as a form of agriculture; and (4) coordinate and carry out Department aquaculture programs and policy. (Sec. 9) Authorizes appropriations for aquaculture programs. (Sec. 10) Amends the Consolidated Farm and Rural Development Act to make aquaculture farmers eligible for farm credit assistance. (Sec. 11) Amends the Agricultural Trade Act of 1978 to authorize the Secretary to establish an international aquaculture information and data collection program. (Sec. 12) Directs the Secretary to report to the Congress with respect to: (1) aquaculture information network enhancement; and (2) implementation of this Act.
United States · United States Congress · 28 July 1997
Extends congressional gratitude to Leslie Townes (Bob) Hope for his accomplishments and service on behalf of U.S. military service members. Confers upon Mr. Hope the status of an honorary veteran of the U.S. armed forces.
United States · United States Congress · 21 July 1997
Imported Produce Labeling Act of 1997 - Requires country of origin labeling of perishable agricultural commodities imported into the United States. Authorizes fines for violations of such provision.
United States · United States Congress · 21 July 1997
TABLE OF CONTENTS: Title I: Tax Reduction and Simplification; Supermajority Required for Tax Changes Subtitle A: Tax Reduction and Simplification Subtitle B: Supermajority Required for Tax Changes Title II: Spending Restraint and Budget Process Reform Subtitle A: Balanced Budget by Fiscal Year 2002 Subtitle B: Zero Based Budgeting and Decennial Sunsetting Freedom and Fairness Restoration Act of 1997 - Title I: Tax Reduction and Simplification; Supermajority Required for Tax Changes - Subtitle A: Tax Reduction and Simplification - Amends the Internal Revenue Code to impose a 20 percent tax (17 percent after December 31, 1998) on the taxable income of every individual. Redefines "taxable income" to mean the amount by which wages, retirement distributions, and unemployment compensation exceed the standard deduction. Increases the basic standard deduction and includes an additional standard deduction for dependents. Includes in taxable income the taxable income of each dependent child under the age of 14. Provides for inflation adjustments. (Sec. 102) Replaces the current tax on corporations with a tax on every person engaged in a business activity equal to 20 percent (17 percent after December 31, 1998) of the business taxable income of such person. Makes the person engaged in the business activity liable for the tax. Imposes a tax of 20 percent (17 percent after December 31, 1998) on the value of excludable compensation provided during the year by an employer for the benefit of employees. Makes the employer liable for the tax. (Sec. 103) Repeals: (1) numerous provisions relating to pension plans; and (2) provisions imposing a tax on any employer reversion from a qualified plan. Revises requirements regarding transfers of excess pension assets. (Sec. 104) Repeals from the Internal Revenue Code: (1) the part relating to alternative minimum tax; (2) the part relating to credits against tax; (3) the subtitle relating to estate and gift taxes; and (4) subject to exception, the chapter relating to normal taxes and surtaxes. Subtitle B: Supermajority Required for Tax Changes - Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that increases an income tax rate, creates an additional tax rate, reduces the standard deduction, or provides any exclusion, deduction, credit, or other benefit that results in a reduction in Federal revenues. Title II: Spending Restraint and Budget Process Reform - Subtitle A: Balanced Budget by Fiscal Year 2002 - Amends the Congressional Budget Act of 1974 to establish maximum spending amounts for FY 1998 through 2002 and revises sequestration procedures for enforcement. (Sec. 203) Makes it not in order in the House of Representatives or the Senate, unless waived or suspended in the House or the Senate by a three-fifths vote of the Members, to consider any bill, joint resolution, amendment thereto, or conference report thereon that includes any provision that would result in total spending for a fiscal year exceeding the maximum permissible total spending amount for that fiscal year. Subtitle B: Zero Based Budgeting and Decennial Sunsetting - Terminates, effective October 1, 1997, the spending authority for each unearned entitlement and high-cost discretionary spending program unless such spending is reauthorized after enactment of this Act. Provides that effective on the first day of the fiscal year beginning in the first decennial census after the year 2001 and each ten years thereafter, such spending authority shall terminate unless reauthorized after the last date it was required to be reauthorized under this subtitle. Terminates, effective October 1, 1998, spending authority for each discretionary spending program (not including high-cost discretionary spending programs) unless such spending authority is reauthorized after the enactment of this Act. Provides that effective on the first day of the fiscal year beginning in the first decennial census after the year 2001 and each ten years thereafter, such spending authority shall terminate unless reauthorized after the last date it was required to be reauthorized under this subtitle. Defines the terms: (1) "unearned entitlement" to mean an entitlement not earned by service or paid for in total or in part by assessments or contributions such as social security, veterans, benefits, and retirement programs; and (2) "high-cost discretionary program" to mean the most expensive one-third of discretionary programs within each budget function account. (Sec. 212) Prohibits the House of Representatives or the Senate from considering any bill, joint resolution, amendment, or conference report that includes any provision appropriating funds unless such appropriation has been previously authorized by law. Permits the waiver or suspension of the provisions of this section by an affirmative vote of three-fifths of the Members.
United States · United States Congress · 21 July 1997
Interstate Compact - Grants the consent of the Congress to the Pacific Northwest Emergency Management Arrangement entered into between the States of Alaska, Idaho, Oregon, and Washington, and the Province of British Columbia and the Yukon Territory.
United States · United States Congress · 27 June 1997
Expresses the sense of the Senate that the United States: (1) wishes good fortune to the people of Hong Kong as they embark on their historic transition of sovereignty; (2) urges the People's Republic of China to honor both the spirit and the letter of its commitments to accord Hong Kong substantial autonomy; (3) looks forward to continuing a close, productive relationship with the people of Hong Kong; and (4) hopes to develop a positive, productive relationship with China based upon shared respect for human dignity and responsible behavior in the international community of nations. Calls for the executive branch to exercise diligence in enforcing the terms and conditions of the Hong Kong Policy Act of 1992 and subsequent acts and provisions concerning the protection of civil liberties and the rule of law in Hong Kong.
United States · United States Congress · 20 June 1997
Declares a named individual to have been lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act upon payment of the required visa fees.
United States · United States Congress · 12 June 1997
Declares that the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997 or thereafter which would: (1) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex 1 Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period; or (2) result in serious harm to the U.S. economy. Calls for any such protocol or other agreement which would require the advice and consent of the Senate to ratification to be accompanied by: (1) a detailed explanation of any legislation or regulatory actions that may be required to implement it; and (2) an analysis of the detailed financial costs which would be incurred by, and other impacts on, the U.S. economy.
United States · United States Congress · 12 June 1997
Requests the President to issue a proclamation commending the American airmen held as political prisoners at the Buchenwald concentration camp during World War II for their service, bravery, and fortitude.
United States · United States Congress · 10 June 1997
Amends the Internal Revenue Code to provide for the nonrecognition of gain on sales of stock of a qualified refiner or processor to an eligible farmer's cooperative.
![Official portrait of Sen. Craig, Larry E. [R-ID]](https://www.congress.gov/img/member/c000858_200.jpg)