United States · United States Congress · 30 September 1982
Declares that it should be U.S. policy to: (1) support the people of Afghanistan in their struggle to be free from foreign domination; (2) provide the Afghans, upon request, with material assistance; and (3) pursue a negotiated settlement of the war in Afghanistan based on the total withdrawal of Soviet troops and the recognition of the right of the Afghans to choose their own destiny.
United States · United States Congress · 27 September 1982
Title I: Extension of Defense Production Act of 1950 - Amends the Defense Production Act of 1950 to extend it through FY 1983. Title II: Contracts for Improved Defense Preparedness - Defense Production Act Amendments of 1982 (Defense Preparedness) - Amends the Defense Production Act of 1950 to permit the President to make contracts for purchases or to encourage the mining of critical and strategic minerals, metals, and materials. Limits such a contract to a $500,000,000 maximum unless the Armed Services Committees are given 30 days notice and neither House adopts a resolution of disapproval. Requires such contracts to give the President the right to refuse delivery and to pay only the amount by which the contract price exceeds the market price at time of delivery. Directs the President to report to Congress at least once a year on the gross amounts of each such transaction. Makes funds available from specified appropriations for such contracts. Directs the President to minimize the financial risk and commitment to the Federal Government when making loan guarantees, loans to private enterprises, and development contracts. Requires the President to report to Congress not later than January 31 of each year concerning the operation of these provisions.
United States · United States Congress · 23 September 1982
Waives certain requirements of the Congressional Budget Act of 1974 with respect to the consideration of H.R. 861 (national scenic and historic trails).
United States · United States Congress · 20 September 1982
Waives certain requirements of the Congressional Budget Act of 1974 with respect to the consideration of S. 2279 (Alben Barkley National Historic Site).
United States · United States Congress · 20 September 1982
Waives certain requirements of the Congressional Budget Act of 1974 with respect to the consideration of H.R. 6188 (Platte River water resource study).
United States · United States Congress · 10 September 1982
Waives certain requirements of the Congressional Budget Act of 1974 with respect to the consideration of S. 1999 (Wolf Trap Filene Center reconstruction).
United States · United States Congress · 9 September 1982
Title I: - State of the Insular Areas Report Act - Directs the President to report annually to the Congress on the state of the insular areas. Defines "insular areas" to include Puerto Rico, Guam, the Virgin Islands, American Samoa, the Commonwealth of the Northern Mariana Islands, the Trust Territory of the Pacific Islands, and any area not within the boundaries of the several States over which the United States claims or exercises sovereignty. Title II: - Provides for the renovation, maintenance, and operation of the Guam Memorial Hospital and for the construction, maintenance, and operation of a health care facility in the northern part of Guam. Authorizes appropriations for grants to the Virgin Islands for improvements in the generation and distribution of water and power and for construction of two juvenile pretrial detention facilities. Amends the Federal Water Pollution Control Act to limit the amount of Federal funds for FY 1982 through 1985 that may be used for grants for water treatment works in Puerto Rico.
United States · United States Congress · 17 August 1982
Expresses the sense of the Senate that: (1) the Secretary of State should investigate and report to Congress on the extent to which forced labor will be employed and human rights violated in the construction of the trans-Siberian pipeline; and (2) Federal agency heads should assure U.S. conformance with existing treaties on the importation of goods produced with slave labor.
United States · United States Congress · 5 August 1982
Authorizes the Secretary of Agriculture and the Secretary of the Interior to adjust the termination dates of timber sales contracts entered into before January 1, 1982, for a period equal to the original term of the contract but not to exceed five years.
United States · United States Congress · 2 August 1982
Amends the Second Liberty Bond Act to permit the Secretry of the Treasury to issue United States silver bonds. Requires the deposit of the net proceeds of any such bonds in the National Defense Stockpile Transaction Fund solely for the acquisition of strategic and critical materials. Requires any payment of interest, or any payment at redemption, to be paid in silver, or the current dollar equivalent, except that any payment of silver shall be out of the silver stockpile.
United States · United States Congress · 2 August 1982
Waives certain requirements of the Congressional Budget Act of 1974 with respect to the consideration of H.R. 4347 (WEB rural water development project).
United States · United States Congress · 20 July 1982
Amends the Pennsylvania Avenue Development Corporation Act of 1972 to increase the borrowing power of the Pennsylvania Avenue Development Corporation. Authorizes appropriations for operating and administrative expenses of the Corporation through FY 1988.
United States · United States Congress · 20 July 1982
Amends the Federal Land Policy and Management Act of 1976 to allow the Secretary of the Interior to recruit the services of volunteers to facilitate the activities of the Bureau of Land Management. Prohibits the use of such volunteers in firefighting, law enforcement work, policymaking processes, or to displace an employee. Authorizes the Secretary to provide for costs incidental to the use of volunteers. Declares that such volunteers shall not be deemed Federal employees except for purposes of tort claims or compensation for work injuries.
United States · United States Congress · 20 July 1982
Wolf Trap Farm Park Act of 1982 - Authorizes the Secretary of the Interior (the Secretary) to provide to the Wolf Trap Foundation for the Performing Arts for reconstruction of the Filene Center in Wolf Trap Farm Park: (1) a grant not to exceed $9,000,000; and (2) a loan not to exceed $9,000,000, to be repaid in full, with interest at a rate determined by the Secretary of the Treasury plus an allowance to cover the administrative expenses of servicing the loan. Prohibits the term of such loan from exceeding five years. Authorizes appropriations for making the grant and the loan. Provides that all right, title, and interest in a reconstructed Filene Center shall vest in the United States. Authorizes the Secretary to provide support services in such reconstruction, upon request by the foundation, on a reimbursable basis. Provides for the authority under this Act to lapse if funds are not appropriated within five years of enactment of this Act. Requires the Secretary to cooperate with the foundation in the operation of Wolf Trap Farm Park.
United States · United States Congress · 20 July 1982
National Park System Fee Dedication and Park Improvement Act of 1982 - Amends the Land and Water Conservation Fund Act of 1965 to require that national park admission and entrance fees be placed in a special account in the Treasury and be available for the maintenance and improvement of national park facilities, the provision of safety and services, and the preservation of natural and cultural resources. Authorizes the Secretary of the Interior to increase or decrease, establish, or suspend entrance and admission fees for national parks wherever necessary.
United States · United States Congress · 16 July 1982
Amends the Federal criminal code to prohibit mental condition from being a defense to any charge of criminal conduct. Allows admission of expert evidence on the issues of mens rea or any state of mind which is an element of the offense. Repeals the notice requirement for an insanity defense in the Federal Rules of Criminal Procedure. Permits the court to allow a person currently suffering from a mental disease or defect, to serve all or a portion of his sentence in the custody of a suitable facility. Allows for transfer of the defendant to Federal prison when he: (1) has recovered from his mental condition; (2) is no longer in need of custody, care or treatment; or (3) will not benefit from further custody, care or treatment. Provides that if the defendant is found not guilty, but the court determines that he is presently suffering from a mental condition where his release would create substantial danger to himself or another, then the court may commit the defendant to the custody of the state of his domicile or to a suitable mental health facility.
United States · United States Congress · 1 July 1982
Amends the census provisions to permit the criteria for identifying areas that need specific tabulations of population to include the smallest administrative units used in conducting statewide elections.
United States · United States Congress · 24 June 1982
Amends the Reclamation Project Authorization Act of 1972 to include among the purposes of the closed basin division, San Luis Valley project in Colorado: (1) the establishment of the Russell Lakes Waterfowl Management Area; and (2) the furnishing of a partial water supply for the operation of the Blanca Wildlife Habitat Area and the Alamosa National Wildlife Refuge. Repeals the establishment of the Mishak National Wildlife Refuge under such Act. Requires that the Secretary of the Interior establish such project according to engineering plans as modified by the plans shown in the Fish and Wildlife Plan dated June 1981. Prohibits the Secretary from allowing a reduction in artesian flows in existence prior to the operation of each stage of such project. (Currently, the Secretary is required to operate the project so as not to allow a reduction in artesian flows in existence prior to the construction of the project.) Provides that the maintenance of the Alamosa National Wildlife Refuge and the Blanca Wildlife Habitat Area shall be second on the priority list for the supply of water from the project. Prohibits the amount of project salvaged water delivered from the conveyance channel to the refuge and the habitat area from exceeding 5,3000 acre-feet annually. Provides that private lands needed for the project shall be acquired only by easements, in order to minimize the removal of land from local tax rolls. (Currently, the acquisition of such private lands is restricted to easements and rights-of-way.) Requires that lands required for permanent project facilities be acquired by fee title.
United States · United States Congress · 23 June 1982
Waives certain requirements of the Congressional Budget Act of 1974 with respect to the consideration of S. 2133 (National Volcanic Area in Washington).
United States · United States Congress · 18 June 1982
Amends the Energy Policy and Conservation Act to extend until June 30, 1985: (1) the authority for oil companies to carry out voluntary agreements for implementing the allocation and information provisions of the international energy program; and (2) the antitrust exemption for oil companies participating in such program.
United States · United States Congress · 27 May 1982
Directs the Secretary of the Treasury to mint and issue coins of the United States in two specified series in quantities necessary to meet public demand. Directs the Secretary to sell such coins directly to the public and to numismatic coin dealers and retailers for resale to the public at not less than the fair market value of their silver content on the day before the sale, plus the costs of minting, distributing, promoting, and marketing the coins. Requires deposit of the net proceeds of such sales in the National Defense Stockpile Transaction Fund after the deduction of costs incurred by the Secretary. Limits the aggregate amount of silver in the National Defense Stockpile which may be used to mint the two specified coin series. Declares that disposals of silver from the National Defense Stockpile shall be conducted during calendar years 1983, 1984 and 1985.
United States · United States Congress · 26 May 1982
Amends the Energy Policy and Conservation Act to extend until July 1, 1982: (1) the authority for oil companies to carry out voluntary agreements for implementing the allocation and information provisions of the international energy program; and (2) the antitrust exemption for oil companies participating in such program.
United States · United States Congress · 24 May 1982
Federal Energy Reorganization Act of 1982 - Title I: Findings and Purposes; Definitions - Sets forth the findings and purposes of this Act and the definitions of terms used in this Act. Title II: Transfers of Functions - Transfers to the Secretary of Commerce specified functions of the Secretary of Energy and the Department of Energy, including functions with respect to: (1) nuclear energy; (2) geothermal energy; (3) solar energy; (4) electric and hybird vehicle research and development; (5) automotive propulsion research and development; (6) magnetic fusion engineering; (7) wind energy; (8) ocean thermal energy conversion; (9) methane transportation; (10) university coal research laboratories and energy resource graduate fellowships; (11) naval petroleum reserves; (12) energy conservation; (13) a medical care program for certain Marshall Islanders; (14) a comprehensive energy plan for insular areas; (15) regulation of public utilities; (16) fuel supplies; (17) import and export of natural gas; (18) oil pipelines; (19) establishment and implementation of international energy policies; and (20) integration of foreign and domestic energy policy. Transfers to the Secretary of the Interior all functions of the Secretary of Energy and the Department of Energy with respect to: (1) the sale of electric power from reservoir projects; (2) the Southeastern Power Administration, the Southwestern Power Administration, the Alaska Power Administration, the Bonneville Power Administration, and the Western Area Power Administration; (3) the Outer Continental Shelf Lands Act Amendments and any other authority of the Secretary of Energy relating to the award or administration of Federal leases; (4) the confirmation and approval of rates for the sale of Federal power; (5) authorities formerly exercised by the Bureau of Mines relating to research and development of increased efficiency of production technology of solid fuel minerals; and (6) research and development of alternative coal mining technologies. Transfers to the Secretary of Agriculture all functions of the Secretary of Energy and the Department of Energy with respect to biomass energy development and the tax on special fuels. Transfers to the Attorney General all functions of the Secretary of Energy and the Department of Energy under the Emergency Petroleum Allocation Act of 1973. Reserves the conduct of litigation arising from any function or authority transferred under this Act to the Department of Justice. Title III: Organization of Energy and Defense Program Functions - Establishes within the Department of Commerce a Deputy Secretary for Defense Programs and a Deputy Secretary for Energy. Requires the Deputy Secretary for Defense Program to perform nuclear-related functions that support the Department of Defense in meeting its defense objectives, including: (1) defense-related intelligence activities; (2) management and implementation of the national security and nuclear weapons programs; and (3) functions of the Department of Energy with respect to the Military Liaison Committee. Requires that such Deputy Secretary advise the President on all matters related to nuclear weapons which are the responsibility of the Department of Commerce. Provides that the Deputy Secretary for Energy shall perform functions relating to: (1) domestic and international energy policy formulation and implementation; (2) energy emergency planning; (3) energy planning and analysis; (4) regulatory functions transferred to the Department of Commerce by this Act; (5) nuclear nonproliferation responsibilities transferred by this Act; (6) civilian nuclear power; (7) naval nuclear propulsion; (8) long-term basic and applied energy research, development, and demonstration; (9) energy conservation; (10) alternate or renewable energy sources; and (11) fossil fuel technology. Provides for the appointment of two Associate Deputy Secretaries and six Assistant Secretaries to assist the Deputy Secretary for Defense Programs and the Deputy Secretary for Energy in performing their functions. Establishes within the Department a Division of Naval Reactors which shall perform the research, design, development, health, and safety functions relating to naval nuclear propulsion and assigned civilian power reactor programs vested in the Secretary by this Act. Provides that the Division of Military Application, which shall perform functions relating to nuclear weapons research, development, testing, and production, shall be in the Department. Title IV: Energy Information and Strategic Planning - Establishes within the Department of Commerce a Bureau of Energy Information which shall carry out a comprehensive energy data and information program. Requires that information collected by the Bureau be catalogued and made available to the public upon request. Requires that the Secretary of Commerce give the highest priority to collection of energy information requested by the Federal Energy Regulatory Commission. Provides for the appointment of an Assistant Secretary for Strategic Planning who shall be responsible for Department activities relating to strategic materials and industrial mobilization that were under the Department's authority before the enactment of this Act. Title V: Federal Energy Regulatory Commission - Federal Energy Regulatory Commission Act - Provides for the Federal Energy Regulatory Commission to continue as an independent regulatory agency. Transfers to the Commission specified functions of the Secretary of Energy and the Department of Energy under or with respect to: (1) the Federal Power Act; (2) the Natural Gas Act; (3) the Natural Gas Policy Act of 1978; (4) the establishment of rates for pipeline transportation of oil or the valuation of such a pipeline; and (5) the Public Utility Regulatory Policies Act of 1978. Gives the Commission jurisdiction over any other matter which, after public notice, the Secretary of Commerce may assign to the Commission pursuant to this Act. Sets forth the Commission's authority under this Act. Provides for judicial review of Commission actions. Title VI: Administrative Provisions-Subtitle A: Personnel Provisions - Sets forth the authority of the Secretary of Commerce with respect to the appointment of officers and employees necessary to carry out the functions transferred to the Secretary by this Act. Subtitle B: General Administrative Provisions - Sets forth the authority which the Secretary of Commerce may exercise in carrying out the functions transferred to him or by this Act. Authorizes appropriations to carry out the transfers authorized by this Act. Title VII: Transitional, Savings, and Conforming Provisions - Sets forth the requirements for the transfer and allocations of appropriations and personnel in connection with the functions of the Department of Energy and the Secretary of Energy transferred by this Act. Sets forth savings provisions and makes technical and conforming amendments. Repeals the Department of Energy Organization Act. Title VIII: Effective Date and Interim Appointment - Sets forth the effective date of this Act. Provides for the interim appointment of officers until offices required by this Act have been filled.
United States · United States Congress · 13 May 1982
Guaranteed Student Loan Reform Act - Amends part B (Federal, State, and Private Programs of Low-Interest Insured Loans to Students in Institutions of Higher Education) of title IV of the Higher Education Act of 1965 to require student borrowers to make in-school interest payments under the guaranteed student loan (GSL) program. Revises income limitations for the GSL program. Limits to borrowing only according to financial need those students from families whose adjusted gross income is over $25,000 (currently, $30,000). Prohibits borrowing by students from families with adjusted gross incomes over $40,000, with adjustments for family size. Replaces GSL program provisions for Federal interest subsidy payments with provisions for student borrower in-school interest payments and revises accordingly the terms of agreements with States and nonprofit private institutions. Adds the amount of the in-school interest payment to the amount of the maximum Federal loan insurance limitations for undergraduate students and for graduate or professional students under the GSL program. Makes technical and conforming amendments. Provides that the amendments made by this Act shall take effect October 1,1982. Directs the Secretary of Education to pay the required interest subsidies to holders of loans made prior to such effective date under the GSL program and authorizes appropriations necessary for such payments.
United States · United States Congress · 6 May 1982
Amends the Immigration and Nationality Act to prohibit an Immigration and Naturalization Service official or employee from entering a farm or agricultural operation without a warrant.
United States · United States Congress · 4 May 1982
Section 6166 Technical Revision Act of 1982 - Amends the Internal Revenue Code to revise requirements for the extension of time for payment of estate tax for interests in certain closely held corporations. Includes as a qualifying interest a partnership in which the decedent owns 20 percent or more of the profits interest. Increases from 15 to 35 the number of partners allowed in a qualifying closely held business. Eliminates the distinction between voting and nonvoting stock for purposes of determining a decedent's interest in a qualifying closely held business. Includes as a qualifying interest: (1) certain nonoperating interests in minerals; (2) certain interests in notes or other debt instruments issued by a corporation and held by a decedent who had some equity interest in the corporation; and (3) certain interests in assets leased to or used by a corporation or partnership. Revises attribution rules for purposes of determining numerical shareholder limitations and percentage ownership limitations on qualifying closely held businesses. Includes in the decedent's gross estate certain items for which the marital deduction was previously allowed. Excludes certain contributions made by a decedent to a closely held business or a partnership from the valuation of an interest in a closely held business if the contribution is not used in carrying on the trade or business. Permits the aggregation of interests in two or more closely held businesses if each interest equals or exceeds five percent of the adjusted gross estate. Eliminates the acceleration of estate tax payments in the case of disposals or withdrawals of the estate's interest in the business if the proceeds are used to pay certain Federal or State death taxes and funeral and administration expenses. Sets forth special rules for the treatment of reorganizations as dispositions, withdrawals, or exchanges of a decedent's interest in a closely held business. Provides that subsequent transfers of property by reason of the death of a person who acquired the property through the decedent's estate will not accelerate payment of the tax (thereby repealing the family member limitation). Sets forth special rules in the case of buy outs and redemptions of a decedent's interest in a closely held corporation or partnership. Permits an estate to sell its stock or partnership interest to the company or to an existing owner or employee in exchange for a note without the acceleration of estate taxes. Disallows such tax deferral in the case of a limited exchange or payment of principal on such a note. Provides that a disposition of an interest in a closely held business will not result in acceleration in the case of like-kind exchanges or involuntary conversions to the extent that no gain is recognized. Prescribes penalties for the failure to make installment payments of deferred taxes within six months of the due date. Applies the four percent rate of interest on estate tax payments extended under the alternate extension of time provisions to the entire amount of the tax to be paid. Revises requirements for the deduction as an administration expense of interest on installment payments of estate taxes. Suspends the period of limitations on the making of certain assessments due to adjustments in the taxable estate in the case of extensions of time for payment of the estate taxes. Authorizes the Tax Court to issue declaratory judgments with respect to controversies involving the extension of time for payment of the estate tax. Prescribes penalties for frivolous or groundless proceedings or proceedings merely for delay. Sets forth penalties for negligence or intentional disregard of rules and regulations resulting in an underpayment of estate tax. Revises requirements for assessment or collection of deficiencies in estate tax in the case of appeals.
United States · United States Congress · 4 May 1982
Clean Air Act Amendments of 1982 - Amends the Clean Air Act ("the Act") to revise stationary source provisions for State implementation plans (SIPs), new source performance standards (NSPS), primary nonferrous smelter orders, prevention of significant deterioration (PSD), and best available control technology (BACT). State Implementation Plans (SIPs) - Permits major stationary source construction or modification in a nonattainment area, even if such source emissions will cause or contribute to concentrations of a pollutant in excess of a national ambient air quality standard (NAAQS), if: (1) the SIP revision permitting such construction or modification has not been affirmatively disapproved by the Administrator of the Environmental Protection Agency (EPA); or (2) the State determines that such construction or modification is in the public interest and that NAAQS attainment would be achieved with a reasonable extension of the attainment deadline. Prohibits findings by the Administrator related to procedural or technical defects in permit applications from serving as the basis for a moratorium on stationary source construction or modification in nonattainment areas. Requires States to provide the Administrator: (1) notice and copies of proposed SIP revisions; and (2) notice of SIP revisions adopted and brief summaries of written objections or comments concerning such revisions and of State actions with respect to such objections or comments. Directs the Administrator to submit to the State technical and legal comments, and any recommended changes, on proposed SIP revisions. Directs the Administrator to publish notice in the Federal Register within 30 days of receipt of notice of State adoption of an SIP revision and to provide a period of no less than 30 days and no more than 70 days for public comment. Provides that SIP revisions shall be deemed approved by the Administrator and become effective 90 days after publication in the Federal Register, unless the Administrator has disapproved the revision for failure to satisfy specified requirements. Directs the Administrator to publish a notice in the Federal Register of each approval or disapproval of an SIP revision. Authorizes the Administrator to extend such public comment period and effective date of an SIP revision for up to 60 days and to hold public hearings on SIP revisions. Prohibits an SIP revision from becoming effective unless the Administrator publishes a finding that the State's response to a timely objection, based on the Act or any regulation under the Act, was not arbitrary or capricious. Describes the materials that shall constitute the record for purposes of judicial review of approvals or findings of the Administrator with respect to SIP revisions. Repeals the requirement that SIPs must provide, to the extent necessary and practicable, for periodic inspection and testing of motor vehicles to enforce compliance with applicable emission standards. Prohibits the Administrator from requiring such an inspection and testing program as a condition of SIP approval, except under specified conditions relating to extensions of attainment dates for NAAQS for photochemical oxidants or carbon monoxide. Permits States to suspend or revoke indirect source review programs without regard to specified SIP approval requirements. Provides that such a State suspension or revocation shall constitute a SIP revision, of which the State must notify the Administrator and the Administrator must publish notice in the Federal Register. Removes the requirement that the system of continuous emission reduction be "technological," for purposes of permit requirements for new or modified stationary sources. Establishes a ten-year "grandfather" period from the date of completion of construction or modification of any major emitting facility issued a permit under PSD area or nonattainment area provisions. Provides that during such period such facility shall not be required to comply with an emission limitation or standard more stringent than the emission reduction required under such permit, unless the limitation or standard: (1) applies to an air pollutant for which an NAAQS is established after permit issuance; or (2) is required under provisions for nonattainment areas or national emission standards for hazardous air pollutants (NESHAPs) or emergency conditions. New Source Performance Standards (NSPS) - Repeals the requirement that new fossil fuel fired stationary sources of air pollution comply with a standard of performance which requires a percentage reduction in air pollutant emissions. Redefines "standard of performance," for NSPS purposes, to require emissions limitations achievable through the application of a system of continuous emission reduction which the Administrator (or the State, for specified categories of stationary sources) determines is adequate for that category or a similar category of new stationary sources, taking into consideration the cost of achievement, energy impact, and environmental effects unrelated to air quality. Redefines "new source" to include stationary sources commencing planning or design (as well as those commencing construction or modification) after publication of final applicable NSPS and to exclude any stationary source for which planning, designing, construction, or modification commenced after September 18, 1978, but prior to June 11, 1979. Removes the requirement that the system of continuous emission reduction under NSPS be a "technological" system or process. Includes in the definition of such system or process the use of inherently low-polluting fuels or raw materials. Permits application of such amended requirements to fossil fuel fired electric utility steam generating units which were constructed or modified after September 18, 1978, and before the publication of regulations reflecting the amendments made by this Act. Primary Nonferrous Smelter Orders - Permits primary nonferrous smelters to use intermittent emissions curtailment for not more than five percent of any calendar year to assure attainment and maintenance of the NAAQS for sulfur oxides. Directs the Administrator to promulgate new regulations for a standard of good engineering practice with respect to stack heights which will allow, in the case of primary nonferrous smelters, a credit for such stack height as may be necesssary to reduce plume impaction on terrain obstacles in mountainous regions where no other reasonable plant siting option is available. Extends by five years the deadlines for compliance with primary nonferrous smelter orders. Prevention of Significant Deterioration (PSD) - Revises a purpose of PSD provisions. Makes a Class II areas (areas where air quality deterioration is permitted to a greater degree than in Class I areas which include international and national parks and wilderness areas in existence on August 7, 1977) areas which exceed 10,000 acres in size and which are established after passage of the Clean Air Act Amendments of 1977 as national monuments, primitive areas, preserves, recreation areas, wild and scenic rivers, wildlife refuges, lakeshores or seashores, and parks or wilderness areas. Provides that such areas may only be redesignated as class I or class II. Directs the Administrator to consult with the Federal land manager in each State and publish a list of such areas located within specified nonattainment areas. Exempts such areas for classification as class II areas upon certification to the Administrator by the States in which such areas are located that such a designation is unreasonable or impractical. Prohibits the Administrator from overruling the State, unless the Administrator demonstrates that the State has been arbitrary or capricious in exempting such areas from classification as class II areas. Provides that current non-mandatory class II areas which are not established as class I areas or mandatory class II areas or redesignated shall be class II areas until December 31, 1983, but shall be unclassified thereafter, unless redesignated. Eliminates the Class III area classification. Repeals Class I and Class II area short-term "increment" requirements (maximum allowable increases over baseline concentrations of a pollutant) for: (1) 24-hour periods for particulate matter; and (2) 24-hour and three-hour periods for sulfur dioxide (thus retaining only annual "increment" limitations for such pollutants in such areas). Repeals all Class III area "increment" requirements. Excludes pollution attributable to fugitive dust and other naturally occurring background particulate matter from consideration in determining concentrations of pollutant for purposes of PSD increment requirements. Authorizes (and requires upon petition of the Governor) the Administrator to provide notice, conduct a public hearing, and, with the Governor's concurrence, promulgate rules for determining compliance with increment requirements in States where the Administrator is the PSD permitting authority. Eliminates the Class III area classification. Permits States to designate or redesignate specified national areas established after the passage of this Act and exceeding 10,000 acres in size as class I, class II, or unclassified. Requires that such redesignation be specifically approved by the Governor after consultation with the legislature (unless State law requires State legislation) and local governments of the redesignated area. Exempts such areas which are redesignated unclassified from PSD increment requirements. Eliminates requirements that specified descriptions, analyses, and plans relating to area redesignations be prepared and made available for public inspection. Eliminates provisions relating to preconstruction requirements for Class III areas. Retains the one-year (after filing date) deadline for granting or denying completed permit applications for facilities which will emit 500 tons or more per year of pollutant, but provides a six-month deadline in the case of facilities emitting less than 500 tons. Requires that the permit applicant be notified whether the application is complete, within two months after filing. Requires States, for PSD preconstruction review purposes, to transmit to the Administrator copies of permit applications for major emitting facilities only if such a facility will emit: (1) 500 tons or more per year of total suspended particulate matter or 1,000 tons or more of sulfur dioxide; or (2) pollution affecting air quality in any class I area or other specified national areas. Requires States to provide notice to the Administrator of only the final action taken on such permit. Requires protection of air quality related values within a Class I area only "from significant adverse impacts." Provides that the affirmative responsibility of the Federal Land Manger and the Federal official charged with direct responsibility for management of lands within a class I area shall not extend to protection of integral vistas or views of specific landmarks or panoramic views located outside the boundaries of Federal Class I areas. Requires inclusion of information constituting its basis in the filing of an allegation that a proposed facility may cause or contribute to a significant adverse impact in air quality. Requires State concurrence, taking into consideration the health, environmental, economic, and energy effects of a facility, with the Federal Land Manager's demonstration that a proposed facility will have such an impact. Repeals the requirement that the owner or operator demonstrate to the satisfaction of the Federal Land Manager that a proposed facility will not have an adverse impact on air-quality related values. Requires, instead, that the owner or operator file a notice with the Federal Land Manager that such facility will have no significant adverse impact, and gives the Federal Land Manager 45 days to concur or disagree. Repeals short-term "increment" limitations for PSD construction permit purposes. Authorizes the Governor, after consideration of the Federal Land Manager's recommendation, to grant a variance from the annual increment limitation for sulfur dioxide in Class I areas. Requires, in the case of Federal mandatory Class I areas, that such a variance not have a significant adverse effect on air quality related values and be in the public interest. Requires that continuous air quality monitoring data be included in an analysis for PSD preconstruction review purposes only to the extent required in the discretion of the permitting authority. Repeals the requirement that such data be gathered over a one-year period. Establishes a ten-year "grandfather" period for facilities issued PSD construction permits. Excludes naturally occurring background particulates or fugitive dust analysis or control from specified demonstrations required of owners or operators seeking PSD construction permits. Deletes the requirement that the Administrator's PSD regulations for specified other pollutants be at least as effective as the increment requirements already established. Revises the definition of "major emitting facility" for PSD purposes to provide consideration of the net effect on air pollution emissions of modifications of specified types of stationary sources. Revises provisions for visibility protection for Federal Class I areas to cover only "significant" impairments of visibility. Excludes from the definition of "visibility impairment" an integral vista or view of a specific landmark or panoramic view located outside the boundary of a Class I Federal area which can be viewed from a point within the boundaries of a Class I area. Best Available Control Technology (BACT) - Revises the definition of "best available control technology" (BACT) to include designs or work practice standards. Allows the permitting authority to provide that for stationary sources which do not emit more than 500 tons per year of a particular air pollutant BACT may be equivalent to the applicable new source performance standard (NSPS), under specified circumstances.
United States · United States Congress · 19 April 1982
Amends the Legal Services Corporation Act to permit any person to bring a civil cause of action for any violation of the Act against the Legal Services Corporation or any direct or indirect grantee. Authorizes the Federal court to award treble punitive damages, equitable relief, attorney fees, and other incurred litigation costs.
![Official portrait of Sen. McClure, James A. [R-ID]](https://www.congress.gov/img/member/m000346_200.jpg)