United States · United States Congress · 23 April 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse ecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principles. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; and (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Bering Land Bridge National Monument; (2) Cape Krusenstern National Monument; (3) Gates of the Arctic National Monument; (4) Kenal Fjords National Monument; (5) Kobuk Valley National Monument; (6) Lake Clark National Monument; (7) Yukon-Charley National Monument; and (8) Katmai National Monument. Expands and redesignates: (1) Aniakchak National Monument by the addition of 160,000 acres of public lands to be redesignated as Aniakchak National Park and National Preserve; (2) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park and National Preserve; (3) Glacier Bay National Monument by the addition of 40,000 acres of public lands to be redesignated as Glacier Bay National Park; (4) Noatak National Monument by the addition of 660,000 acres of public lands to be redesignated as Noatak National Preserve; and (5) Wrangell-Saint Elias National Monument by the addition of 1,230,000 acres of public lands to be redesignated as Wrangell-Saint Elias National Park and Preserve. Establishes as units of the National Park System: (1) Aniakchak National Preserve; and (2) Lake Clark National Preserve. Directs the Secretary of the Interior to administer lands, waters, and interests of all National Park System units in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds which were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to laws and regulations applicable to fish and wildlife protection. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, within respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Requires the Secretary to recognize and convey valid Native selections or nominations of land within boundaries of the Wrangell-Saint Elias National Park and Preserve in accordance with the Alaska Native Claims Settlement Act. Prohibits the charging of fees for admission to any unit of the National Park System located in Alaska. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Refuge and Yukon Flats National Monument as Yukon Flats National Wildlife Refuge. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Innoko National Wildlife Refuge; (4) Kanuti National Wildlife Refuge; (5) Koyukuk National Wildlife Refuge; (6) Nowitna National Wildlife Refuge; (7) Selawik National Wildlife Refuge; (8) Teshekpuk National Wildlife Refuge; (9) Tetlin National Wildlife Refuge; and (10) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; (4) Kenai National Moose Range; and (5) Kodiak National Wildlife Refuge. Declares that all Executive orders and other administrative actions which were in effect before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation units established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs that the area of the Iliamna watershed be managed for the primary purposes of watershed protection and fish production. Prohibits the Secretary from conveying any lands in such area to the State of Alaska, unless the State devises a plan for the protection of management of the watershed and fishery resources of such area. Provides that nothing in this title shall limit the Secretary's responsibility with respect to the exploration of oil reserves under the Naval Petroleum Reserves Production Act of 1976. Prohibits the Secretary from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law with respect to designed or redesignated units of the National Wildlife Refuge System. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within the refuge. States that land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon and Tanna Rivers, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Directs that such lands as are added to the Tongass and Chugach National Forests shall be administered by the Secretary of Agriculture in accordance with the provisions of this Act and the laws applicable to the National Forest System. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary to convey specified lands to: (1) Goldbelt, Inc., representing the Natives of Juneau with respect to their land entitlements under the Alaska Natives Claims Settlement Act; and (2) S.E. Alaska, Inc. Exempts such conveyances from the requirements of the National Environmental Policy Act of 1969. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Directs the Secretary of Agriculture to permit the taking of fish and wildlife in national forest wilderness areas designated by this Act. Designates Admiralty Island National Monument and Misty Fjords National Monument as conservation system units. Directs the Secretary of Agriculture to issue regulations with respect to mining activities on national forest lands in Alaska in order to protect water quality in such areas. Amends the Alaska Native Claims Settlement Act to prohibit any land conveyed to a Native Corporation pursuant to this Act, which is within a contingency area designated in a U.S. timber sale contract, from being subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor from entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Selawik, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak and Charley (including their major tributaries), Chilikadrotna, Chitina, Mulchatna, Noatak, Stony, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Colville, Porcupine, Beaver Creek, Sheenjek, Andreafsky, Selawik, Ivishak, Kanektok, Kisaralik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, and Susitna. Sets forth requirement for the completion of such studies. Authorizes the Secretary to seek cooperative agreement with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under the United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to grant permits to oil and gas pipelines to cross areas designated as wild, scenic, or recreational river areas in Alaska, if the Secretary determines that no feasible alternative route exists. Title VI: National Wilderness Preservation System - Designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Preserve; (3) Denali National Park and Preserve; (4) Gates of the Arctic National Park; (5) Glacier Bay National Park; (6) Katmai National Park; (7) Kenai Fjords National Park; (8) Kobuk Valley National Park; (9) Lake Clark National Park and Preserve; (10) Noatak National Preserve; (11) Wrangell-Saint Elias National Park and National Preserve; and (12) Yukon-Charley National Preserve. Designates as wilderness areas within the National Wilderness Reservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge; (2) Arctic National Wildlife Range; (3) Becharof National Wildlife Refuge; (4) Innoko National Wildlife Refuge; (5) Izembek National Wildlife Range; (6) Kanuti National Wildlife Refuge; (7) Kenai National Wildlife Range; (8) Koyukuk National Wildlife Refuge; (9) Nowitna National Wildlife Refuge; (10) Nunivak National Wildlife Refuge; (11) Sulawik National Wildlife Refuge; (12) Tetlin National Wildlife Refuge; (13) Togiak National Wildlife Range; (14) Yukon Delta National Wildlife Refuge; and (15) Afognak Island. Designates as wilderness areas within the National Forest System certain lands in Chugach National Forest and Tongass National Forest. Directs the Secretary of Agriculture to study the feasibility of designating Prince William Sound, Chugach National Forest as a wilderness area and to report his findings to the President and the Congress within three years. Authorizes the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas in Alaska. Directs the Secretary of Agriculture to implement a cooperative planning process for the enhancement of fisheries resources in the Chugach and Tongass National Forests. Provides for the maintenance of existing public use cabins located in national forest wilderness areas and the construction of a limited number of new cabins for the protection of the public health and safety. Directs the Secretary to review nondesignated wilderness areas and to report to the President and the Congress on the feasibility of designating such areas as wilderness areas. Title VII: Subsistence - Declares that the first priority consumptive use of public land resources under this Act shall be the taking of fish and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Authorizes the States to regulate the taking of fish and wildlife on public lands for subsistence uses in a manner consistent with the policies and requirements of this Act. Directs the Secretary, if the State fails to exercise its authority to regulate subsistence uses, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to monitor State regulation of the subsistence preference granted under this title and to advise the States and Congress of his findings and recommendations. Directs the local and regional advisory councils established by this title to notify the Secretary if any such council determines that the State has not adequately provided for a system of subsistence preference in the region or locality which such council represents. Directs the Secretary to review the determinations of any council and advise the State of his findings. Directs the Secretary to close public areas to all consumptive uses except subsistence uses by local residents if he determines that the States has failed to comply with directives from the Secretary regarding improvements in the subsistence preference program and that such failure endangers the fish or wildlife population in an area or the ability of rural residents to satisfy their subsistence needs. Sets forth procedures for hearing and appeal by the State. Gives the Secretary emergency authority to close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits Federal agencies from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the Secretary, acting through the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife resources and subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision, or a Native Corporation may only be acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres, to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to investigate and plan for an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to investigate and plan for such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to investigate and plan for centers in Juneau, Ketchikan, or Sitka. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the conservation system units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law with respect to the taking of fish and wildlife. Authorizes the issuance of permits to certain sport hunting guide services and nonsubsistence trappers to continue the taking of wildlife in connection with their business for a period not to exceed ten years from the enactment of this Act, if the Secretary determines that a termination of such privilege would result in serious economic hardship for such individuals. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of the Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Authorizes the appropriation of such sums as may be necessary to carry out the provisions of this Act for fiscal years beginning after fiscal year 1979. Title IX: Implementation of Alaska Native Claims Settlement Act and Alaska Statehood Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each shareholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Allows the Secretary, upon the request of a Village Corporation, to waive the requirement that a Corporation select land in whole sections (and that natural features are to be used as boundaries) where such waiver is justified and appears to be beneficial. Provides for the selection of land by Regional Corporations where the public lands consist only of a mineral estate. Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites and for the reconveyance of less than 1,280 acres by a Village Corporation to a Municipal Corporation or the State in trust. Places restrictions on the conveyance to Regional Corporations of lands which are located in a wildlife refuge. Permits a Regional Corporation which is precluded from receiving title to protected lands to file a claim to certain other lands designated by the Secretary for such purpose. Provides that the 20 year moratorium on the payment of State and local real property taxes on land conveyed pursuant to the Alaska Native Claims Settlement Act shall begin with the vesting of title in such lands. Provides that the moratorium shall not apply to land which is leased or developed for purposes other than exploration. States that fire protection of Native land provided by the Department of the Interior shall cover wildland. Provides for the selection of additional lands by a Village Corporation which has not fulfilled its entitlement under the Alaska Native Claims Settlement Act. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a National Park system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be allotted subject to a right of reentry for a specified 20-year period. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Requires that payments under such Act shall be deposited into the Alaska Native Fund on the first day of the fiscal year for which the monies are appropriated, and shall be distributed at the end of the first quarter of the fiscal year. Directs the Secretary to pay by grant to certified Native Group Corporations an amount not more than $100,000 or less than $50,000 for planning, development, or other authorized purposes. Provides for a two year statute of limitation for the filing of any appeal from a decision of the Secretary under this title or under the Alaska Native Claims Settlement Act. Conveys to a Village Corporation found eligible by the Secretary of Interior, the surface estate to public land in its "core" township or townships (towns or townships in which the Native Villages are located). Stipulates that where two or more corporations have claim to the same township, the conveyance is delayed until an arbitration decision or other binding agreement between or among the Corporations is filed with and published by the Secretary. Conveys to a Village Corporation found eligible by the Secretary, the surface estate to certain lands in the "core" township. Conveys the surface and subsurface estate in the former Indian Reserve to certain village Corporations. Excludes the Village Corporation for the Native Village of Klukwan from such conveyances. Conveys the subsurface estate in "core" townships conveyed to Village Corporations, to Regional Corporations to the extent they would otherwise have obtained such subsurface estate pursuant to the Alaska Native Claims Settlement Act. Sets forth requirements with respect to the granting of easements on such lands. Provides for the relinquishment of all claims by the United States to submerged lands under a nonnavigable meanderable stream or a lake having a surface area of 160 acres or more which is adjacent to land which is conveyed to a Native Corporation pursuant to the Alaska Native Claims Settlement Act of this Act. Provides that such submerged lands shall not be charged toward the acreage entitlement of any Native Corporation. Retains in Federal ownership submerged lands within the boundaries of any conservation system unit. Lists specified lands of: (1) Nana/Cook Inlet Regional Corporation, the Ahtna Regional Corporation, and the Bering Straits Regional Corporation to be withdrawn for selection, and (2) the Doyon Regional Corporation to be exchanged for lands relinquished. Requires the Hodzana River area to be managed as a study area by the Fish and Wildlife Service in cooperation with Doyon, Limited. Lists lands, previously selected by Doyon, Limited which such corporation may identify in partial satisfaction of its entitlement under such Act. Provides for the settlement of certain claims and litigation to implement such Act under the unique circumstances of the Native Village of Eklutna. Directs the Secretary to convey the surface and subsurface estates of specified lands on Afognak Island to Koniag, Incorporated. Directs the Secretary to negotiate with specified Native Corporations for boundaries and prices of certain areas of the Pribilof Islands group to be included in the Alaska Maritime National Wildlife Refuge. Authorizes the Secretary to accept from Arctic Slope Regional Corporation a relinquishment of all right, title, and interest of such Corporation in specified Alaskan lands. Directs the Secretary to make specified conveyances of land pursuant to the Cook Inlet Village Settlement. Grants final approval to all tentative approvals of the State of Alaska land selections pursuant to the Alaska Statehood Act. Vests title in all such lands in the State as of the date of tentative approval. Directs the Secretary to convey public lands selected by the Chugach Regional Corporation from certain lands within the Chugach National Forest. Directs the Secretary to study the land ownership and use patterns in the Chugach region in cooperation with the Secretary of Agriculture, the Alaska Advisory Coordinating Council, Chugach Natives, Inc., and the State of Alaska (if the State chooses to participate). Title X: Transportation and Utility Systems - Declares that applications for rights-of-way in conservation system units in Alaska shall be made only as provided by this title. Provides that transportation and utility systems subject to this title are: (1) water transportation systems; (2) pipelines and other systems for the transportation of their liquids and gases, including oil, natural gas, synthetic liquid and gaseous fuels, and any refined produce produced from such sources; (3) pipeline, slurry and emulsion systems, and conveyor belts for transportation of solid materials; (4) systems for the transmission and distribution of electric energy; (5) systems for the transmission of radio, television, telephone, telegraph, and other electronic signals, and other means of communication; (6) improved rights-of-way for snow machines, air cushion vehicles, and other all-terrain vehicles; and (7) roads, highways, railroads, tunnels, tramways, airports, and other systems of transportation. Directs the Secretaries of the Interior and Agriculture, in consultation with other appropriate Federal agencies, to prepare and publish a consolidated application form to be used for applying for a right-of-way for a transportation or utility system subject to this title. Requires any Federal agency which receives an application for a right-of-way to notify the applicant within 60 days of the receipt of the application that such application is either complete or that more information is required. Sets forth filing requirements for environmental impact statements required to be filed with an application for a right-of-way. Requires the heads of Federal agencies to coordinate their procedures for processing applications for rights-of-way for transportation or utility systems which require the approval of more than one agency. Sets forth procedures for the consideration, processing, and approval of applications for rights-of-way. Requires the Secretary to submit his recommendation for the approval or disapproval of an application to Congress. Provides that such application shall be deemed approved only upon enactment of a joint resolution by the Senate and the House of Representatives. Title XI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, Native, and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native Corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owned or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title XII: Oil and Gas Exploration, Development, and Production - States as the purpose of this title the furtherance of exploration, development, and production, through private enterprise with appropriate environmental safeguards, of oil and gas resources on certain public lands in Alaska. Provides that this title shall apply to: (1) the National Petroleum Reserve - Alaska; (2) nonwilderness portions of all units of the wildlife refuge system in Alaska; and (3) all public lands in Alaska which are not within any conservation system unit and which are managed by the Secretary of the Interior through the Bureau of Land Management. Provides that exploration, development, and production of oil and gas on lands to which this title applies shall be conducted pursuant to the Mineral Leasing Act of 1920 except to the extent otherwise provided by this title. Authorizes the Secretary to issue permits for the exploration for oil and gas resources which is conducted pursuant to a plan approved by the Secretary. Requires the holder of any permit issued by the Secretary to disclose to the Secretary any information obtained as a result of any exploration activities. Requires the Secretary to maintain the confidentiality of such information until the permittee acquires a lease for the lands on which the permit data was acquired or at such time as the data ceases to hold proprietary value, but in no case longer than ten years. Directs the Secretary to study such information and to consult with the Secretary of Energy regarding the national interest involved in exploring for and developing oil and gas from lands subject to this title. Directs the Secretary to encourage the State to undertake studies on lands associated with lands subject to this title. Provides that leases shall be issued only by competitive bidding with respect to the following lands: (1) the National Petroleum Reserve - Alaska; (2) nonwilderness portions of all units of the wildlife refuge system in Alaska; and (3) all public lands in Alaska which are not within any conservation system unit and which are managed by the Secretary through the Bureau of Land Management and are determined by the Secretary to be within an area favorable for the occurrence of oil or gas. Requires the development and production of oil or gas on leased lands to be carried out in accordance with a development and production plan approved by the Secretary. Directs the Secretary to suspend or cancel such leases if he determines that operations under such lease pose environmental threats to the land. Requires the Secretary to issue a permit for oil and gas exploration on public lands within six months of a request if the applicant is not required to file an environmental impact statement, or three months after the filing of such a statement if such a statement is required. Requires the Secretary to include in reports required under the Mining and Minerals Policy Act of 1970 information with respect to oil and gas development activities under this title. Requires the Secretary to establish a program for the consideration and issuance of exploration permits to applicants for public lands within the National Petroleum Reserve - Alaska, including public lands within the Teshekpuk and Utukok National Wildlife Refuges within 240 days after the date of the enactment of this Act. Requires the Secretary to publish a schedule of proposed lease sales covering such land and to hold the first lease sale on such lands within 18 months after the date of enactment of this Act. Provides that exploration for, and development and production of, oil and gas on nonwilderness areas within the National Wildlife Refuge System shall be carried out according to the provisions of this title, except for lands that have been withdrawn from such use under this Act. Directs the Secretary to establish a program for issuance of exploration permits and for lease sales of lands subject to the Bureau of Land Management.
United States · United States Congress · 10 April 1979
States that the total funds which the executive branch may obligate for the travel and transportation expenses of its officers and employees during fiscal year 1980 shall not exceed an amount which is $500,000,000 less than the amount proposed therefore in the Budget of the United States for such fiscal year.
United States · United States Congress · 10 April 1979
Amends title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide that disability insurance benefits for an individual having a terminal illness shall begin with the first month during all of which such individual has such illness. Defines the term "terminal illness" to mean, a medically determinable physical impairment which is expected to result in death within the next 12 months.
United States · United States Congress · 10 April 1979
Soft Drink Interbrand Competition Act - Declares that exclusive territorial arrangements made as a part of a licensing agreement for the manufacture, distribution, or sale of a trademarked soft drink product are lawful under the antitrust laws provided such product is in substantial and effective competition with other products of the same general class. Prohibits recovery in private actions under the Clayton Act based on territorial provisions in a trademark licensing agreement prior to a final determination that such provisions are unlawful.
United States · United States Congress · 9 April 1979
Congressional Energy Conservation Act of 1979 - Requires the payment of parking fees by Members of Congress and congressional employees who use congressional parking facilities for the purpose of encouraging the people of the United States to conserve petroleum. Stipulates that such fees shall be set at rates determined jointly by the Speaker of the House of Representatives and the President pro tempore of the Senate.
United States · United States Congress · 4 April 1979
Amends the Immigration and Nationality Act to allow certain aliens applying as immigrants to be given preference visas as children of United States citizens provided such an alien: (1) requests such treatment; (2) was born after 1950 in Korea, Vietnam, Laos, or Thailand; (3) was fathered by an American serviceman; and (4) provides a guarantee of financial support. Stipulates that such guarantee must: (1) be signed by a United States citizen or lawful permanent resident who is at least 21 years old; and (2) provide that such signing sponsor will provide necessary financial support for five years. Allows the Attorney General to enforce such guarantee against the sponsor in a civil suit unless such sponsor dies or is adjudicated bankrupt.
United States · United States Congress · 2 April 1979
Urges (1) the International Whaling Commission to adopt a moratorium on the commercial killing of whales and (2) various countries to comply with such moratorium.
United States · United States Congress · 28 March 1979
Federal Protective Service Act of 1979 - Amends the Federal Property and Administrative Services Act of 1949 to establish a permanent security force within the General Services Administration to be known as the Federal Protective Service (FPS). Prescribes the duties and authority of the officers of the FPS which primarily involve the protection of persons and property on real property under the control of the Administration. Includes such officers within provisions which: (1) concern the protection of officers of the United States; and (2) prohibit requiring certain policemen to use sick leave for an absence due to an injury sustained in the performance of duty. Requires the United States to make a lump sum payment of $50,000 to the survivors of a Federal law enforcement officer or fire fighter who dies as a result of such an injury.
United States · United States Congress · 28 March 1979
Amends the Rules of the House of Representatives to add a new Rule XLIX to require that remarks made by Members on the floor must be related to governmental matters to be printed in the Congressional Record. Exempts remarks on the death of a present or former Federal official from such standard.
United States · United States Congress · 27 March 1979
Independent Contractor Tax Status Clarification Act of 1979 - Amends the Internal Revenue Code to specify standards for determining whether certain individuals qualify as independent contractors for purposes of social security taxation. Treats an individual as an independent contractor if such individual: (1) controls the total number of his work hours; (2) does not maintain a principal place of business, or if he does, such place of business is not provided, or provided rent-free, by the person for whom such individual performs services; (3) has substantial investment in his business and earns income based upon sales or output rather than upon number of hours worked; and (4) performs services pursuant to a written contract and is provided written notice of his responsibility with respect to income and self-employment taxes. Amends Title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to provide coverage for service performed by an individual who qualifies as an independent contractor under the standards established by this Act.
United States · United States Congress · 20 March 1979
Amends the Internal Revenue Code to subject nonresident aliens and foreign corporations to a tax on the gain from the sale or exchange of farm or rural lands situated in the United States. Requires foreign corporations which hold United States farm lands comprising 20 percent of their assets to make reports on such holdings as the Secretary of the Treasury may require.
United States · United States Congress · 19 March 1979
Authorizes the Secretary of Health, Education, and Welfare, in consultation with the Administration on Aging, to make grants to, and enter into contracts with, certain hospitals, senior citizen centers, State agencies dealing with senior citizens, or other qualified agencies to conduct demonstration programs for the placement with foster care families of specified elderly or disabled persons. Establishes standards which such programs must meet to qualify for grants or contracts. Directs the Secretary to provide, to the extent feasible, for the approval of two grants or contracts in each Department of Health, Education, and Welfare region, one in an urban area, and one in a nonurban area. Limits the amount of a grant or contract to 90 percent of the costs of the program. Sets forth certain recordkeeping requirements for such programs. Requires that such records be available to the Secretary and the Comptroller General for audit and examination. Authorizes the Secretary to provide technical assistance to appropriate entities with respect to such programs. Directs the Secretary to evaluate such programs and report to Congress by January 1, 1981. Authorizes appropriations for such grants and contracts of $1,500,000 for each of fiscal years 1980 through 1982.
United States · United States Congress · 13 March 1979
Beverage Container Reuse and Recycling Act of 1979 - Prohibits the sale of carbonated beverages in beverage containers by retailers and distributors unless such containers carry a refund value of not less than five cents. Requires that retailers and distributors pay the amount of the affixed refund value of brands of beverages bought and sold by such retailers or distributors. Prohibits States from imposing any tax on the collection or return of refund values established by this Act. Prohibits distributors and retailers from selling beverages in metal beverage containers with detachable openings. Imposes penalties of up to $1,000 for violation of the provisions of this Act. Stipulates that a consumer or retailer who files an appropriate action in State or Federal court shall be entitled to collect from a retailer or distributor who wrongly withholds prompt payment of the refund value of a beverage container under the provisions of this Act: (1) the amount of the refund value; (2) the amount of any damages resulting in failure to make payment; (3) court costs and reasonable attorneys' fees; and (4) $10.00 for each beverage container for which the retailer or distributor failed to make payment. Imposes civil fines on such retailer or distributor who fails to make payment. Directs the Administrator of the Environmental Protection Agency to monitor and report to Congress on: (1) the rate of reuse and recycling of beverage containers; (2) any additional net costs incurred by retailers as a result of enactment of this Act. Requires the Administrator to report to Congress annually on: (1) the impact of this Act on conservation, recycling of waste products, and the economy; and (2) the potential role of refundable beverage container redemption centers. Directs the Administrator to provide technical assistance and information to States, distributors, retailers, consumers, and to manufacturers of beverage containers as necessary to carry out this Act. Directs the Administrator to consult with the Secretary of Labor assisting individuals whose employment may be adversely affected by this Act.
United States · United States Congress · 13 March 1979
Elephant Protection Act of 1979 - Directs the President to propose to the Convention on International Trade in Endangered Species that all trade in elephant products be suspended until large and healthy elephant populations have been reestablished and are biologically stable. Prohibits the importation into or exportation from the United States of elephant products. Prohibits the possession, transportation, or sale of such products. Provides for administration of this Act by the Secretary of the Interior. Authorizes the Secretary to grant permits for scientific purposes or to enhance elephant propagation. Prescribes the conditions for granting of such permits. Sets forth civil and criminal penalties for violations of this Act. Authorizes the payment of rewards to persons furnishing information concerning violations of this Act. Grants specified search and seizure powers for enforcement of this Act by authorized persons. Preempts any incompatible State laws.
United States · United States Congress · 8 March 1979
Independent Local Newspaper Act of 1979 - Amends the Internal Revenue Code to provide for the establishment of independent local newspaper advance estate tax trusts to facilitate payment of the estate tax imposed upon the estate of a decedent who owned an interest in an independent local newspaper. Sets forth requirements for the establishment of such trusts, including requirements that such trusts: (1) be created pursuant to a plan adopted by the newspaper; (2) be governed by a written instrument which requires that contributions to and income of the trust be invested solely in obligations of the United States; (3) name as trustee a bank or another individual who is capable of administering such trust in compliance with the requirements of this Act; (4) maintain trust assets separately from other property; (5) accept contributions exclusively from independent local newspapers; (6) devote assets of the trust solely to the payment of the estate tax; and (7) distribute any excess funding of the trust to its beneficiaries or their estates. Limits an individual who owns interests in several independent local newspapers to participation in not more than one estate tax payment trust. Defines an "independent local newspaper" as a newspaper publication which is not a member of a chain and which maintains all its offices in a single city, community or metropolitan area, or, on January 1, 1979, within one State. Defines "excess funding" as the excess of the face value of the assets of a qualified trust over; (1) 70 percent of the value of a decedent's interest in an independent local newspaper which is includable in his gross estate; or (2) a decedent's estate tax which is attributable to his interest in an independent local newspaper included in his gross estate. Exempts independent local newspaper advance estate tax trusts and the individuals for whom such trusts are established from income taxation with respect to income earned by such trust. Terminates such tax-exempt status if the taxpayer's interest in the newspaper is sold, the newspaper itself is sold or ceases to qualify as an independent newspaper, or there is an excess funding of the trust. Provides that the amount of any excess funding shall be distributed to the individual for whom the trust was created and included in his gross income or gross estate. Allows an income tax deduction to local independent newspapers for contributions made to estate tax payment trusts. Limits the amount of such deduction to 50 percent of the taxable income derived from such newspaper for the taxable year. Requires the redetermination of the estate tax of an individual for whom an independent local newspaper advance estate tax trust is established and the inclusion in the gross estate of such individual an amount equal to the estate tax payment made by such trust which is attributable to the individual's interest in the newspaper, if the trust or any heir of the individual sells, within 15 years of the death of such individual, any part of the interest in the newspaper with respect to which the trust was created. Provides for the gradual phaseout of any additional estate tax which is imposed due to the premature sale of a newspaper, if the sale does not occur prior to the ten to 15 year period following the death of the individual for whom the estate tax trust is established. Permits the shareholders of an independent local newspaper who receive the stock of a corporation which the newspaper controls to exclude from their gross income any gain realized as a result of such distribution if: (1) the shareholders do not sell such stock within five years after the date of its distribution; (2) the shareholders retain control of the newspaper for five years after the date of the distribution; and (3) the newspaper and the controlled corporation each continue to be engaged in the active conduct of a trade or business through the five year period beginning on the date of the distribution. Excludes from the gross estate of a decedent the value of any interest in an independent local newspaper which he holds at the time of his death and any estate tax payment made by an independent local newspaper advance estate tax payment trust. Permits the executor of an estate which includes an interest in an independent local newspaper to pay the estate tax in two or more (but not exceeding ten) equal installments. Limits the maximum amount of estate tax that may be paid in installments to the excess of the amount of estate tax over the tax that would have been imposed if the interest in the newspaper had not been included in the gross estate, reduced by all payments of the estate tax made by an independent local newspaper advance estate tax payment trust.
United States · United States Congress · 5 March 1979
Senior Citizens Health Insurance Reform Act of 1979 - Directs the Secretary of Health, Education, and Welfare to institute a program of voluntary certification for health insurance policies sold in supplementation of medicare. Sets forth minimum standards for such certification with respect to liability, cancellation, reasonableness of premium charge, and economic benefit to the insured. Establishes criminal penalties for: (1) misrepresentations in connection with such certification; (2) the sale of specified types of duplicate insurance; and (3) certain activities in connection with the sale of insurance policies in States which have not approved such policies.
United States · United States Congress · 27 February 1979
Department of Education Organization Act - Title I: Findings and Purpose - Declares the purpose of this Act to be: (1) to strengthen the Federal commitment ensuring access to equal educational opportunity for every American; (2) to support more effectively States, localities and public and private institutions in carrying out their responsibilities for education; (3) to promote improvements in the quality and usefulness of education through federally supported research, evaluation, and the sharing of information; (4) to improve the management and efficiency of Federal education activities; (5) to increase the accountability of Federal education programs to the President, the Congress, and the public; (6) to encourage the involvement of the public, parents, and students in Federal education programs; (7) to improve the coordination of Federal education programs; and (8) to prohibit Federal control of education. Title II: Establishment of the Department - Establishes an executive department to be known as the Department of Education to be headed by a Secretary of Education. Establishes within such Department: (1) a position of Under Secretary of Education; (2) six Assistant Secretary positions; (3) an Office for Civil Rights headed by an Assistant Secretary; (4) an Office of Postsecondary Education headed by an Assistant Secretary; (5) an Office of Elementary and Secondary Education headed by an Assistant Secretary; (6) an Office of Educational Research and Improvement headed by an Assistant Secretary; (7) an office to administer functions relating to the education of overseas dependents of Department of Defense personnel; (8) a General Counsel; (9) an Office of Inspector General; (10) an Intergovernmental Advisory Council on Education to provide an educational forum and to promote better intergovernmental relations; and (11) an Interdepartmental Education Coordinating Committee to assure effective coordination of Federal educational programs and practices. Title III: Transfers - Transfers from the Department of Health, Education, and Welfare (HEW) educational functions and offices vested in: (1) the Assistant Secretary for Education; (2) the Education Division; (3) the Office for Civil Rights; (4) any statutory advisory committee or authority giving advice primarily concerning functions transferred under this Act; (5) the Institute of Museum Services; (6) the Advisory Council on Education Statistics; (7) the Federal Education Data Acquisition Council; and (8) certain functions of the Office of Inspector General. Transfers from HEW educational functions vested in the Secretary under: (1) the General Education Provisions Act; (2) the Emergency School Aid Act; (3) the Higher Education Act of 1965; (4) the Education Amendments of 1978; (5) the Act of August 30, 1898; (6) the Elementary and Secondary Education Act of 1965; (7) the Alcohol and Drug Abuse Education Act; (8) the Environmental Education Act; (9) the National Defense Education Act of 1958; (10) the Education of the Handicapped Act; (11) the National Commission on Libraries and Information Science Act; (12) the Vocational Education Act of 1963; (13) certain provisions of the Economic Opportunity Act of 1964; (14) certain parts of the Public Health Service Act regarding student aid; (15) the Model Secondary School for the Deaf Act; (16) certain telecommunications grants under the Communications Act of 1934; and (17) certain provisions of the Federal Property and Administrative Services Act of 1949. Transfers from HEW educational functions relating to Gallaudet College, Howard University, the American Printing House for the Blind, and the National Technical Institute for the Deaf. Transfers to the Department of Education from the Departments of: (1) Labor, certain functions regarding migrant and seasonal farmworker employment and training programs under the Comprehensive Employment and Training Act of 1973; (2) Defense, the administration and operation of overseas dependents schools under the Defense Dependents' Education Act of 1978; (3) Justice, the student loan and grant programs known as the law enforcement education program and the law enforcement intern program under the Omnibus Crime Control and Safe Streets Act of 1968; and (4) Housing and Urban Development, the administration of college housing loans under the Housing Act of 1950. Transfers to the Department of Education specified science education programs of the National Science Foundation. Title IV: Administrative Provisions - Authorizes the Secretary to appoint and fix the salaries for the Department's employees in accordance with the Civil Service laws. Allows certain higher level appointments to be made by the Secretary without Civil Service Commission approval if the individual so appointed is transferred to the Department in connection with a transfer of functions under this Act. Grants rulemaking authority to the Secretary. Requires such rules to be in accordance with the Administrative Procedures Act and specified provisions of the General Education Provisions Act. Authorizes the Secretary to: (1) employ experts and consultants; (2) enter into contracts with public agencies and private persons and organizations; (3) provide technical advice to participants or potential participants in Departmental programs; (4) establish, maintain, alter, or discontinue field offices; (5) acquire and maintain schools, laboratories, and related facilities; (6) provide and maintain various facilities for employees and their dependents at remote locations; (7) utilize, with their consent, Federal, State, or foreign facilities; (8) acquire necessary copyrights and patents; (9) accept and utilize gifts and requests of real and personal property; (10) establish a working capital fund for administrative expenses; and (11) transfer funds within the Department. Directs the Secretary to submit an annual report to the Congress concerning the Department's activities. Stipulates that such report include a statement of goals and priorities and an assessment of progress. Authorizes the appropriations of such sums as may be necessary to carry out the provisions of this Act and additional functions that may be vested in the Department, to remain available until expended. Title V: Transitional, Savings, and Conforming Provisions - Redesignates the Department of Health, Education, and Welfare as the Department of Health and Human Services, and the Secretary of Health, Education, and Welfare as the Secretary of Health and Human Services. Title VI: Effective Date and Interim Appointment - Directs that this Act shall take effect 180 days after the Secretary of Education takes office. Allows the President to make initial interim appointments to the Department of Education under specified conditions.
United States · United States Congress · 27 February 1979
Small Business Procurement Reform Act of 1979 - Requires any Government procurement contract to which a notice for bidding is published in the Commerce Business Daily to remain open for bidding for at least 30 days. Establishes exceptions to such requirement in specified circumstances. Amends the Small Business Act to establish a goal of 20 percent participation by small business concerns within each Federal agency for the procurement of items which the Small Business Administration determines can be produced by small business. Directs each Federal agency to take all feasible steps to subdivide large procurements into smaller components on which small businesses can bid. Requires any Federal agency to provide small business concerns, upon request, copies and summaries of laws and regulations materially affecting the performance of contracts open for bids under $100,000. Establishes Government contract arbitration panels within the Small Business Administration to facilitate the resolution of disputes between any small business concern and any Federal agency having procurement authority. Establishes the Small Business Procurement Advisory Committee.
United States · United States Congress · 26 February 1979
Social Security Refinancing Amendments of 1979 - Amends the Internal Revenue Code and title XVIII (Medicare) of the Social Security Act to finance the payment of hospital insurance benefits through general tax revenues, rather than through employment and self-employment tax revenues. Establishes new employment and self-employment tax rates for the purpose of financing the old age, survivors and disability insurance program (title II of the Social Security Act).
United States · United States Congress · 21 February 1979
Franchise Reform Act - Requires a franchisor to notify a franchisee at least 90 days in advance of the franchisor's intention to terminate the franchise and to state the reasons for termination. Prohibits a franchisor from cancelling a franchise or failing to renew a franchise unless the franchisor is effecting a market area withdrawal or the franchisor has good cause for failure to renew and has given proper notice. Makes any franchisor who has violated the requirements of this Act civilly liable to the aggrieved franchisee.
United States · United States Congress · 21 February 1979
National Ski Patrol System Recognition Act of 1979 - Grants a Federal charter to the National Ski Patrol System. Declares that the purpose of such corporation shall be to promote public safety in skiing.
United States · United States Congress · 21 February 1979
Requires the enactment of separate legislation, in the Senate or House of Representatives, which appropriates funds for any Federal agency for employee salaries.
United States · United States Congress · 15 February 1979
Congressional Award Program Act - Establishes the Congressional Award Program in the United States and its territories to recognize and promote youth leadership and excellence in the areas of expedition fitness, personal creative development, and public service. Creates a Congressional Award Board with a Director to supervise such program. Authorizes the appointment of State award directors under this Act. Exempts the Board, its property, and its income from present and future Federal, State, and local taxation, with specified exceptions. Creates three Congressional Award Medals to be awarded under this Act.
United States · United States Congress · 13 February 1979
Federal Bicycle and Physical Fitness Facilities Act - Requires the head of each Federal department and agency to provide safe bicycle parking facilities at all buildings under the jurisdiction of such department or agency within one year after the date of enactment of this Act.
United States · United States Congress · 8 February 1979
Public Disclosure of Lobbying Act of 1979 - Requires organizations which expend more than $2,500 per quarter year or which employ at least one individual who spends all or part of each of 13 days or more per quarter year for lobbying purposes to register with the Comptroller General and to update annually such registration. Requires the identification of any such person retained for such lobbying purposes. Requires such organization to file quarterly reports concerning such lobbying activities including: (1) listing of total lobbying expenditures including each expenditures over $35 made to or for the benefit of any Federal officer, congressional employee, or Member of Congress; (2) the identification of retainees of an organization or certain employees making lobbying communications and the disclosure of certain expenditures; (3) a description of the issues for which such an organization has lobbied; (4) the identification of the means of communicating an advertisement intended to solicit over 500 people; (5) known business contacts with the person whom such organization is attempting to influence; and (6) the disclosure of any lobbying communication made on the floor of either House of Congress. Requires that the final quarterly report identify by amount each organization which contributed $3,000 or more to the reporting organization. Requires the Comptroller General to make copies of each registration and report required by this Act available for public inspection and copying. Makes it the duty of the Attorney General to investigate alleged violations of any provision of this Act or regulations promulgated thereunder. Requires the Attorney General to attempt to correct any violation by informal methods of conference or conciliation. Authorizes the Attorney General to institute civil or criminal actions in appropriate circumstances. Grants to the United States district courts jurisdiction for actions brought under this Act. Directs the Comptroller General to transmit reports to the President and each House of the Congress no later than March 31 of each year concerning activities under this Act. Provides a Congressional veto of rules and regulations promulgated by the Comptroller General pursuant to this Act. Makes any person or organization who knowingly fails to comply with the registration, reporting, and recordkeeping requirements of this Act, or regulations promulgated thereto, subject to a civil penalty of not more than $10,000 for each such violation. Provides criminal penalties of not more than $10,000 or imprisonment for not more than two years, for knowing and willful violations of this Act, and for knowingly and willfully making misstatements or omitting material facts. Repeals the Federal Regulation of Lobbying Act and specified provisions of the Legislative Reorganization Act.
United States · United States Congress · 8 February 1979
Freestone Peach Research and Education Act - Directs the Secretary of Agriculture to issue a plan for financing and carrying out a research and education program with respect to freestone peaches. Requires that such plan: (1) establish a National Freestone Peach Research and Education Board to administer it; (2) fix the rate of assessments levied upon producers of freestone peaches (and collected for the Board by handlers) for research and education programs; (3) provide for the pro rata return of up to 50 percent of the net proceeds of such assessments to the States, for State projects; and (4) permit any freestone peach producer not in favor of the programs so supported to receive a refund of his or her assessment. Specifies permissive terms in such a plan. Prescribes civil penalties for handlers who violate this Act. Grants investigative and subpena powers to the Secretary for the enforcement of any plan the Secretary issues. Requires the Secretary to conduct a referendum of producers to ascertain approval of the plan issued. Denies effect to such plan if it fails to receive the approval of at least two-thirds of the producers voting in such a referendum, provided at least 50 percent of the registered producers cast votes. Provides a procedure for the suspension or termination of such a plan.
United States · United States Congress · 1 February 1979
Amends the Internal Revenue Code to permit taxpayers who do not itemize income tax deductions to claim a deduction from gross income for charitable contributions.
United States · United States Congress · 25 January 1979
Requires that whoever uses a firearm during the commission of a felony over which a Federal court has original and exclusive jurisdiction, or whoever carries a firearm during the commission of such felony if an element of such felony is the use or threat of violence, shall, in addition to the punishment provided for the commission of such crime, be sentenced to a term of imprisonment of not less than five nor more than ten years. Requires in the care of a second or subsequent conviction the imposition of a term of imprisonment of not less than ten years, or to life imprisonment. Stipulates that the execution or imposition of any term of imprisonment under this Act: (1) may not be suspended; (2) may not run concurrently; and (3) may not include probation.
United States · United States Congress · 18 January 1979
Permits taxpayers to designate on their income tax returns whether they wish to contribute any portion of their income tax refund or make any additional contribution to the support of either the arts or the humanities. Directs the Secretary of the Treasury to amend income tax return forms to provide a notice to taxpayers of their option to contribute. Authorizes the payment of 50 percent of taxpayer refunds or contributions designated for the arts to the National Endowment for the Arts and 50 percent to State Art Agencies. Specifies purposes for which such funds may be used and imposes restrictions on the use of such funds for administrative purposes or for research projects. Treats payments of funds to State agencies as donations from private persons and not as Federal assistance. Authorizes the payment of 80 percent of taxpayer refunds or contributions designated for the humanities to the National Endowment for the Humanities and 20 percent to State Humanities Entities. Specifies purposes for which such funds may be used and imposes restrictions on the use of such funds for administrative purposes or for research projects. Treats payments of funds to State Humanities Entities as donations from private persons and not as Federal assistance. Prohibits any Endowment or agency to which funds are paid under this Act from requiring any applicant for funds to raise additional funds or meet any matching requirements. Prohibits the use of funds raised by this Act to make grants to any institutions which hold such funds for investment. Limits the amount of funds which any institution may receive under this Act according to a specified percentage of the institution's operating budget.
United States · United States Congress · 18 January 1979
Wildlife on Federal Lands Trapping Act of 1979 - Requires the Secretary of the Interior to issue such regulations relating to trapping as are necessary to carry out the purposes of this Act. Prohibits the Secretary from approving any type of trap unless such trap utilizes the most humane capture method available for the species concerned, and minimizes the probability of capturing species for which such trap was not intended. Directs the Secretary to undertake a research program to develop such types of traps. Establishes an advisory commission to make recommendations to the Secretary with respect to traps designed or intended for use. Prohibits the Secretary from permitting trapping on Federal lands where such trapping may reduce any species below specified levels. Sets forth a procedure for the application and issuance of trapping permits. Requires the attachment of a shipping certificate to any package containing the fur, hide, skin, horn, or feathers of any mammal or bird captured by any trap within any State or the District of Columbia if such package is transported in interstate or foreign commerce. Establishes criminal penalties for: (1) engaging in trapping without a permit issued pursuant to this Act; (2) violating any condition of such permit; (3) violating any regulation of the Secretary relating to trapping; (4) selling or transporting in interstate commerce an unapproved trap; (5) falsifying the shipping certificate; or (6) conveying any package under this Act without affixing the shipping certificate or affixing a false certificate. Authorizes the Secretary to enter into cooperative agreements with States with respect to the imposition of trapping regulations consistent with those prescribed under this Act. Authorizes such appropriations as may be necessary to carry out the purposes of this Act.
United States · United States Congress · 15 January 1979
Solar Energy Bank Act - Establishes a Government corporation in the Department of Housing and Urban Development to be known as the Solar Energy Development Bank to make long-term, low-interest loans to encourage the use of solar energy in commercial and residential structures. Sets forth requirements for loan eligibility concerning the term and amount of the loan and necessary warranties for the solar energy systems covered by such loan. Prohibits conflicts of interest on the part of officers or employees of the Bank. Imposes criminal penalties for the furnishing of false or misleading information by applicants for loans under this Act. Establishes a seven-member Advisory Board to make annual reports to Congress and the President on the operation of the program established by this Act. Prohibits subsidy payments under this Act to any person who has received other Federal assistance for purchase and/or installation of energy systems similar to the solar systems assisted under this Act.
United States · United States Congress · 15 January 1979
Grants a Federal charter to the Gold Star Wives of America. Declares that the purpose of such corporation is to aid widows and children of persons who died in the service of their country.
United States · United States Congress · 15 January 1979
Amends the Internal Revenue Code to permit an individual income tax credit for qualified energy conservation expenditures with respect to a home which is owned by the taxpayer and is used by an individual other than the taxpayer as his principal residence.
United States · United States Congress · 15 January 1979
Independent Agencies Regulatory Improvements Act of 1979 - Directs the head of each independent regulatory agency to revise the rulemaking procedures of the agency in order to: (1) minimize the paperwork required of such procedures; and (2) provide for public participation in such procedures. Requires each agency head to publish in the Federal Register at least twice a year an agenda of the significant rules under development or review by that agency. Sets forth the information concerning each rule which must be included in such agenda. States that criteria for identifying significant agency rules shall be established by each agency head and must include consideration of: (1) the persons and organizations affected, the paperwork required, and the direct and indirect effects caused by the rule; and (2) the relationship of the rule to rules of other programs or agencies. Specifies that there must be a 60-day period provided for public comment on proposed significant rules. Requires each agency head to approve proposed significant rules before they are published in the Federal Register. Directs the agency head to approve such rule upon determining that: (1) the impact and requirements of any public comment concerning such rule have been adequately considered; and (2) the proposed rule is necessary, clearly written, and the least burdensome of acceptable alternatives. Requires each agency head to prepare a regulatory analysis of significant rules which may have major economic consequences for the general economy, industry, government, or geographic regions. Directs the agency head to develop procedures for public participation in developing such analysis. Directs each agency head to review periodically agency rules to determine whether such rules conform to the policies of this Act. Requires the agency head to publish within 60 days of the date of enactment of this Act the criteria for selecting the rules to be reviewed. Requires the Comptroller General to monitor the implementation of this Act by the agencies and to report to Congress and the President on the effectiveness of this Act.
United States · United States Congress · 15 January 1979
Legislative Oversight Act of 1979 - Title I: Requirements for Authorization Bills - Requires all legislation considered by either House of Congress which authorizes new budget authority or increased tax expenditures to include a statement of objectives of the program to be authorized or established and a requirement that the agencies administering the program report annually to Congress to assist it in determining whether such program should be amended. Requires such agency reports to list the costs and accomplishments of each program. Title II: Requirements for Reports Accompanying Authorization Bills - Requires committee reports accompanying such legislation to identify expected economic and social costs and benefits of new programs authorized or established by such legislation, potentially duplicative programs, and previous efforts to accomplish the objectives of the program being considered. Requires reports to contain an assessment of the degree to which an existing program, authorization, or tax expenditure has met previously stated objectives. Requires the Comptroller General to publish and periodically update a descriptive catalog of interrelated Federal activities which compares program costs and accomplishments and describes program interrelationships, including the extent to which programs are duplicative. Title III: Presidential Budget Recommendations - Requires the President's budget to describe the relationship between the President's recommended program budgets and the program accomplishments reported by Federal agencies under this Act. Title IV: Authorization Time Limit; Certain Obligations Not Impaired - Prohibits congressional consideration of any legislation which authorizes new budget authority or provides new or increased tax expenditures, or new spending authority for a period exceeding five years. Exempts from this prohibition national debt service and payments to individuals from Federal trust funds to which such individuals have contributed. Title V: Miscellaneous Provisions; Effective Date - Recognizes the authority of either House to amend this Act. Sets the effective date of this Act.
United States · United States Congress · 15 January 1979
Regulatory Conflicts Elimination Act of 1979 - Directs the President to formulate criteria for use in determining the costs of compliance with Federal rules and regulations. Requires the Director of the Office of Management and Budget to submit to the President. Congress and the head of each independent agency an annual report which: (1) identifies duplicative or conflicting rules and regulations promulgated by executive departments or independent agencies; (2) determines the costs of compliance with such rules; and (3) makes recommendations for modifying, elimination, or consolidating such rules. Requires each head of an independent agency and the President to transmit to Congress and the Comptroller General recommendations for changing the conflicting or duplicative rules promulgated by the agency or executive department, and to implement such recommendations 60 days after transmittal unless Congress passes a concurrent resolution disapproving those recommendations. Directs the Comptroller General, within 30 days after the receipt of such reports, to submit a review of such reports to Congress. Directs the President to formulate criteria for use in determining the costs of compliance with Federal rules and regulations.
United States · United States Congress · 15 January 1979
Age Discrimination in Employment Amendments of 1979 - Amends the Age Discrimination in Employment Act of 1967 to remove the existing 70-year upper age limit to which the prohibitions of such Act apply, thereby extending the protection of such Act to all individuals who are at least 40 years of age. Specifies that there shall be no exceptions to the prohibitions of such Act because of the nature of employment of an individual, or retirement benefits to which an individual may be entitled. Repeals provisions restricting the employment or compensation of an individual in the Federal civil service, Government of the District of Columbia, Foreign Service, or Army Corps of Engineers after such individual retires with an annuity or reaches retirement age. Repeals automatic separation requirements based on age and length of service which relate to employees of the Alaska Railroad, the Panama Canal Company, the Canal Zone Government, and to air traffic controllers and Federal law enforcement officers and firefighters.
United States · United States Congress · 15 January 1979
Alaska National Interest Lands Conservation Act of 1979 - Title I: Findings, Policy, and Definitions - Declares it the purpose of this Act to preserve for the benefit of present and future generations certain lands in the State of Alaska in order to: (1) preserve unrivaled scenic, geologic, and wildlife values; (2) perpetuate significant and diverse eecosystems; (3) protect and preserve cultural values of Native and non-Native people; (4) provide recreation; (5) maintain wilderness resource values; (6) preserve rivers; (7) maintain opportunities for research; and (8) utilize natural resources, consistent with sound ecological principals. Provides that: (1) intangible values should be considered on an equal basis with tangible values; (2) the management policies should cause the least adverse impact possible to people who depend on subsistence uses of resources; (3) the interests of the State of Alaska and the Native Corporations shall be continually considered in carrying out provisions of this Act to maintain a viable economy and provide employment for citizens of Alaska. Title II: National Park System - Designates as units of the National Park System: (1) Ainakchak National Monument; (2) Bering Land Bridge National Monument; (3) Cape Krusenstern National Monument; (4) Gates of the Arctic National Monument; (5) Kenai Fjords National Monument; Kobuk Valley National Monument; (7) Lake Clark National Monument; (8) Noatak National Monument; Wrangell-Saint Elias National Monument; (10) Yukon-Charley National Monument; and (11) Katmai National Monument. Expands and redesignates: (1) Mount McKinley National Park by the addition of Denali National Monument to be redesignated as Denali National Park; and (2) Glacier Bay National Monument by the addition of 40,000 acres to be redesignated as Glacier Bay National Park. Establishes as units of the National Park System: (1) Aniakchak National Preserve; (2) Lake Clark National Preserve; and (3) Noatak National Preserve. Establishes and designates as units of the National Wilderness Preservation System certain lands in: (1) Aniakchak National Park and Preserve; (2) Bering Land Bridge National Park; (3) Cape Krusenstern National Park; (4) Denali National Park; (5) Gates of the Arctic National Park; the Arctic Wilderness; (6) Glacier Bay National Park; (7) Katmai National Park; (8) Kenai Fjords National Park; (9) Kobuk Valley National Park; (10) Lake Clark National Park and Preserve; (11) Noatak National Park; (12)Wrangell-Saint Elias National Park; and (13) Yukon-Charley National Park. Directs the Secretary of the Interior to study the nondesignated areas within the boundaries of the National Park System and report to the President and Congress on the suitability of all roadless areas for preservation as wilderness. Directs the Secretary of the Interior to administer all Alaska lands, waters, and interests in accordance with applicable laws and this Act. Incorporates the redesignated national monuments specified in this Act as part of the appropriate national park. Makes available for the appropriate national park any funds that were available for the corresponding monument. Subjects the portion of the Alaska Railroad right-of-way within Denali National Park to the applicable laws and regulations. Permits the continuation of reindeer grazing within Bering Land Bridge National Park. Prohibits the Secretary, generally, from acting to restrict unreasonably the exercise of valid commercial fishing rights or privileges obtained pursuant to State or Federal law, with respect to the Malaspina Glacier area of Wrangell-Saint Elias National Park and the Dry Bay area of Glacier Bay National Park. Title III: National Wildlife Refuge System - Redesignates Becharof National Monument as Becharof National Wildlife Monument and Yukon Flats National Monument as Yukon Flats National Wildlife Monument. Designates as units of the National Wildlife Refuge System: (1) Alaska Maritime National Wildlife Refuge; (2) Alaska Peninsula National Wildlife Refuge; (3) Copper River National Wildlife Refuge; (4) Iliamna National Wildlife Refuge; (5) Innoko National Wildlife Refuge; (6) Kanuti National Wildlife Refuge; (7) Koyukuk National Wildlife Refuge; (8) Nowitna National Wildlife Refuge; (9) Selawik National Wildlife Refuge; (10) Teshekpuk National Wildlife Refuge; (11) Tetlin National Wildlife Refuge; and (12) Utukok National Wildlife Refuge. Expands the following units of the National Wildlife Refuge System: (1) Arctic National Wildlife Range; (2) Cape Newenham National Wildlife Refuge; (3) Clarence Rhode National Wildlife Range and Hazen Bay National Wildlife Refuge; and (4) Kenai National Moose Range. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Alaska Maritime National Wildlife Refuge (to be known as Alaska Maritime Wilderness, Aleutian Islands Wilderness, Unimak Wilderness and Semidi Wilderness); (2) Alaska Peninsula National Wildlife Refuge (to be known as Pavlof wilderness and Chiginagak Wilderness); (3) Arctic National Wildlife Range; (4) Becharof National Wildlife Monument; (5) Copper River National Wildlife Refuge; (6) Innoko National Wildlife Refuge; (7) Izembek National Wildlife Range; (8) Kanuti National Wildlife Refuge; (9) Kenai National Wildlife Range; (10) Kodiak National Wilderness Refuge; (11) Koyukuk National Wildlife Refuge; (12) Nowitna National Wildlife Refuge; (13) Nunivak National Wildlife Refuge; (14) Selawik National Wildlife Refuge; (15) Tetlin National Wildlife Refuge; (16) Togiak National Wildlife Range; (17) Yukon Delta National Wildlife Refuge (to be known as Andreafsky Wilderness and Kisaralik Wilderness); and (18) Yukon Flats National Wildlife Monument (to be known as Hodzana Wilderness and White Mountain Wilderness). Directs the Secretary of the Interior to review all areas within the National Wildlife Refuge System established or expanded by this Act as to their suitability for preservation as wilderness. Directs the President to advise Congress as to the Secretary of the Interior's recommendations. Declares that all Executive orders and other administrative actions which were in effect on the day before the date of enactment of this Act will remain in force, except to the extent that they are inconsistent with this Act or the Alaska Native Claims Settlement Act. Makes available for the purposes of any conservation unit established under this Act all funds that were previously available. Directs the Secretary of the Interior to administer each wildlife refuge subject to valid existing rights and in accordance with applicable law and this Act. Prohibits the Secretary from permitting uses or granting easements in the above-designated refuges which are not compatible with the major purposes of the refuge. Withdraws, subject to valid existing rights, all public lands in each refuge from all forms of appropriation under the mining laws and from operation of the mineral leasing laws. Authorizes the Secretary to permit oil and gas development under a leasing program. Directs the Secretary to undertake to enter into cooperative management agreements with Native Corporations, the State, or persons owning land within or adjacent to a refuge. States that each such agreement shall provide that the land subject to the agreement shall be managed by the owner in a manner compatible with the major purposes of the refuge, and in a manner which will not diminish opportunities for subsistence uses in the refuge. Sets forth terms and conditions for such agreements. States that the Congress finds that barren-ground caribou are a migratory species deserving special protection and that the Western Arctic and Porcupine herds of such caribou are of national and international significance. Directs the Secretary to conduct a study of the barren-ground caribou herds north of the Yukon River, and, acting through the Secretary of State, to initiate negotiations with the Government of Canada in order to enter into a treaty to protect the Porcupine caribou herd and its habitat. Directs the Secretary of the Interior to conduct an assessment of the bald eagle in the Chilkat River area in order to determine habitat use, dynamics of salmon runs on which the eagles feed, seasonal movement patterns, and effects on the eagle population of developments by man. Directs the Secretary to develop a proposal to conserve bald eagles and other wildlife in the region, insure compatible land uses, provide for land lease agreements to facilitate the proposal. Title IV: National Forest System - Expands as units of the National Forest System the Tongass National Forest and the Chugach National Forest. Designates as wilderness and components of the National Wilderness Preservation System certain lands in: (1) Chugach National Forest, to be known as Nellie Juan Wilderness, College Fjord Wilderness, Red Peak Wilderness, and Tonki Cape Wilderness); (2) Admiralty Island National Monument; (3) Tongass National Forest, (to be known as Endicott Wilderness, Etolin Island Wilderness, Idaho Inlet Wilderness, Karta Wilderness, and King Salmon Capes Wilderness; (4) Misty Fjords National Monument; (5) Tongass National Forest, to be known as Petersburg Creek-Duncan Canal Wilderness, Prince of Wales Wilderness, Rocky Pass Wilderness, Russell Fjord Wilderness, Stikine- LeConte Wilderness, South Baranof Wilderness, Tebenkof Wilderness, Tracy-Arms-Ford Terror Wilderness, and West Chichagof-Yakobi Wilderness). Directs the Secretary of Agriculture to study and report to the President and Congress in accordance with the Wilderness Act recommendations as to the suitability of the Western Prince William Sound for preservation as wilderness. Specifies that the provisions of this Act apply only to the lands within Alaska and nothing in this Act shall be interpreted to expand, diminish, or modify provisions of the Wilderness Act with respect to lands outside of Alaska. Allows the Secretary of Agriculture to permit fishery research, management, enhancement, and rehabilitation activities within national forest wilderness areas designated by this Act in accordance with the goal of restoring and maintaining anadromous fish production in the Tongass National Forest. Sets forth factors to be considered in allowing such activity. Directs that previously existing public use cabins within national forest wilderness may be permitted to continue subject to necessary restrictions deemed to preserve the wilderness character of the area. Authorizes the Secretary of Agriculture to construct and maintain a limited number of new cabins and shelters. Authorizes the Secretary of Agriculture to permit commercial fishery activities within national forest wilderness in accordance with principles of sound fisheries management. Directs the Secretary of Agriculture to modify any existing national forest timber sale contracts applying to lands designated by this Act as wilderness by substituting other national forest lands of corresponding quality, quantity, and access, to the extent practicable. Authorizes the Secretary of Agriculture to acquire timber rights to those lands selected for the village of Angoon under the Alaska Native Claims Settlement Act by purchase or exchange for timber rights elsewhere within the Tongass National Forest. Allows, at the election of the shareholders of Kootznoowoo, Inc., the conveyance of timber rights to lands selected by the corporation to the Secretary of Agriculture, and within one year after such a conveyance the conveyance to Kootznoowoo, Inc. of timber rights which are of equal value to those conveyed to the Secretary. Directs the Secretary of Agriculture to designate alternative lands, of equal or greater timber value, for the benefit of Shee Atika, Inc., in satisfaction of the rights of the Natives of Sitka as provided by the Alaska Native Claims Settlement Act. Specifies that such lands shall be located in southeast Alaska other than Admiralty Island. Sets forth procedures for conveyance of surface and subsurface rights, and the release of such rights. Directs the Secretary of the Interior to reimburse Shee Atika, Inc., Goldbelt, Inc., and Kootznoowoo, Inc. for reasonable and necessary land selection costs. Specifies that permits issued by the Forest Service, before the enactment of this Act, for a dwelling or campsite in the Admiralty Island National Monument, Misty Fjords National Monument, or any wilderness area, shall expire not later than ten years after the enactment of this Act. Provides a limited exception to such permit expiration for Thayer Lake Lodge. Amends the Alaska Native Claims Settlement Act to prohibit land conveyed to a Native Corporation pursuant to this Act or the Alaska National Interest Lands Conservation Act, which is within a contingency area designated in a U.S. timber sale contract, to be subject to such contract or to entry or timbering by the contractor. Prohibits a timber contractor form entering or cutting timber from land in a contingency area that has been withdrawn or selected by a Native Corporation until such Corporation has received all conveyances. Directs the Secretary of Agriculture to improve timber production from high quality timber growing sites in the Tongass National Forest through a program of precommercial thinning. Directs the Secretary of Agriculture to establish an insured or guaranteed loan program for purchasers of national forest materials in Alaska to assist such purchasers in the acquisition of equipment to use wood products which might not otherwise be utilized. Directs the Secretary of Agriculture to carry out a study and report to Congress to identify opportunities to increase timber yields on national forest lands in Alaska, and to reduce inefficient timber uses or waste of national forest produced fiber. Title V: National Wild and Scenic Rivers System - Amends the Wild and Scenic Rivers Act by adding to the Wild and Scenic Rivers System the following rivers (or segments thereof) which are outside the boundaries of other conservation system units: Birch Creek, Colville, Copper, Delta, Etivluk-Nigu, Fortymile, Gulkana, Alagnak, Killik, Nowitna, Stony, Unalakleet, and Yukon (Ramparts section). Adds to the system the following rivers (or segments thereof) which form the boundary of, or are within, any national preserves in Alaska: Aniakchak (including its major tributaries), Chilikadrotna, Mulchatna, Stonu, and Telaquana. Adds to the system portions of the following rivers which form the boundary of, or are within, any national wildlife refuge in Alaska: Nowitna, Porcupine, Sheenjek, Andreafsky, Ivishak, Kanektok, Kisaralik, Wind, Beaver Creek, Copper, Selawik, Squirrel, and Utukok. Requires that detailed boundaries and development plans be established for specified rivers within one to three years of the date of enactment of this Act. Designates the following rivers to be studied for possible inclusion in the system: Holitna-Hoholitna, Ikpikpuk, Koyuk, Kuskokwim, Melozitna, Mulchatna, Nelchina-Tazlina, Nuyakuk, Situk, Susitna. Sets forth time requirements for completion of such studies. Authorizes the Secretary to seek cooperative agreements with the owners of non-Federal lands adjoining rivers which are newly designated units of the Wild and Scenic Rivers System. Permits the Secretary to establish a river protection zone extending two miles from the banks of such rivers. Withdraws the minerals in Federal lands within the boundaries of such rivers and within each such river protection zone from all forms of appropriation under United States mining laws. Authorizes the Secretary to permit the use of snowmobiles for customary purposes by local residents and by authorized subsistence users, if such use was occurring on or before January 1, 1979. Authorizes the Secretary to promulgate regulations to protect the quality and quantity of water in the Wulik River. Allows the Secretary to grant rights-of-way for oil and gas pipelines across the Iditarod Trail or a wild and scenic river when there exists no alternative route. Sets forth the requirements for obtaining a permit for an oil or gas pipeline. Title VI: Federal-State Coordination - Establishes the Alaska Advisory Coordinating Council, cochaired by the Secretary of the Interior and the Governor of Alaska and composed of the Alaska field directors of the Federal land managing and planning agencies; the Commissioners of the Alaska Departments of Natural Resources, Fish and Game, and Environmental Conservation; and representatives from a Village Corporation and a Regional Corporation. Requires that all Council meetings be open to the public, with at least 15 days prior notice in the Federal Register and in newspapers of general circulation in Alaska. Directs the Council to conduct studies and advise the Secretary, other Federal agencies, the State, and Native Corporations regarding land and resource uses in Alaska, including natural resource management, economic development, and other land administration programs. Authorizes the Council to recommend cooperative planning and management zones where the management of lands or resources of one member materially affects another. Authorizes Federal members of the Council to enter into cooperative agreements with Federal agencies, with State and local agencies, and with Native Corporations for mutual consultation, review, and coordination of resource management plans within such zones. Authorizes the Secretary to provide technical and other assistance to landowners whose lands or resources are subject to a cooperative agreement, for fire control, trespass control, law enforcement, resource use, and planning. States that such assistance may be provided without reimbursement if the Secretary determines that doing so would further the purposes of the cooperative agreement and would be in the public interest. Provides that the Council will terminate in ten years, unless extended by Congress. Directs the Council to establish a citizens' advisory committee of land-use advisors. Establishes the Alaska Land Bank Program to facilitate the coordinated management and protection of Federal, State, and Native and other private lands. Authorizes certain private landowners to enter into agreements with the Secretary for ten years, with five year renewal periods, concerning the management of the affected lands. Sets forth required terms of such agreements, as well as benefits to private landowners. Provides, as to Native corporations and other persons or groups that have received or will receive lands or interests therein pursuant to the Alaska Native Claims Settlement Act on this title, immunity from adverse possession, Federal and State taxation, and judgment in any action at law or equity to recover sums owed or penalties incurred by any Native Corporation, or any officer, director, or stockholder of any such Corporation. Title VII: Subsistence - Declares the first priority of this Act to be consumptive uses of fishing and other renewable resources for nonwasteful subsistence uses by local rural residents. Stipulates that restrictions on the taking of populations of fish and wildlife on such lands for subsistence uses in order to protect the continued viability of such populations, or to continue such uses, shall be based on: (1) customary and direct dependence upon the populations as the mainstay of livelihood; (2) local residency; and (3) the availability of alternative resources. Directs the Secretary, if the State fails to do so, to establish: (1) at least seven Alaska subsistence resource regions which, taken together, include all public lands; (2) such local advisory committees within each region, as necessary, based upon a finding that the existing State fish and game advisory committees do not adequately assist in the preparation of the reports required of the regional councils; and (3) a regional advisory council in each subsistence region, to be composed of residents of the affected region. Sets forth the duties of such regional councils in regard to subsistence uses of fish and wildlife within the regions, including the preparation of annual reports to the Secretary. Requires that such reports contain identifications, evaluations and recommended strategies for the management of fish and wildlife populations within the regions, as well as recommendations concerning policies, standards, guidelines, and regulations to implement such strategies. Directs the Secretary to follow the advice of such councils unless he determines in writing that such advice is not supported by substantial evidence, violates recognized principles of fish and wildlife conservation, or would be detrimental to the satisfaction of subsistence needs. Directs the Secretary to take certain administrative action if it is determined that the program or implementation is not in compliance with this Act. Gives the Secretary authority to close public areas to all consumptive uses except subsistence uses by local residents. Sets forth procedures for hearings and appeal by the State. Gives the Secretary emergency authority to temporarily close any public land to subsistence uses if necessary for public safety, administration, or to insure the natural stability and continued productivity of one or more fish or wildlife populations. Authorizes the Secretary to enter into cooperative agreements or to otherwise cooperate with other Federal agencies, the State of Alaska, Native Corporations, and other appropriate persons and organizations, (including, through coordination with the Secretary of State, other nations) in order to protect subsistence resources and uses. Prohibits the appropriate Federal agency from withdrawal, reservation, lease, permit, or other use, occupancy or disposition of lands within their jurisdiction if the effect would be to significantly restrict the subsistence uses unless the head of the agency: (1) gives notice to the appropriate State agency, local committees and regional councils; (2) gives notice of, and holds, a hearing in the vicinity of the area involved; and (3) makes specific determinations regarding the purpose and the effect of the restriction. Directs the Secretary to insure the access to subsistence resources on public lands to persons engaged in subsistence uses. Directs the United States Fish and Wildlife Service and National Park Service to undertake research on fish and wildlife subsistence activities on the public lands. Title VIII: Administrative and Miscellaneous Provisions - Authorizes the Secretary to acquire by purchase, donation, or exchange any lands within the boundaries of any conservation system unit. Stipulates that land owned by the State, a political subdivision or a Native Corporation may only by acquired with their consent. Sets forth administrative provisions relating to such acquisitions. Allows the Secretary to permit on conservation system units the use of snow machines, motorboats, airplanes, and nonmotorized transportation methods, subject to reasonable regulation. Directs the Secretary to authorize and permit temporary access by the State or a private landowner to any conservation system unit, the Alaskan National Petroleum Reserve, or public lands for the purposes of survey and geophysical study and adequate access State or privately owned land and valid mining claims. Removes certain restrictions from sections of the North Slope Haul Road. Authorizes the Secretary to acquire up to 7,500 acres of archaeological or paleontological sites outside of the Cape Krusenstern National Park, Bering Land Bridge National Park, Kobuk Valley National Park, and the Yukon-Charley Rivers National Park. Requires the Secretary, prior to acquiring any such property in excess of 100 acres to submit notice of the proposed acquisition to the appropriate committees of the Congress, and publish notice of such proposed acquisition in the Federal Register. Directs the Secretary to provide advice, assistance, and technical expertise to an applying Native Corporation or Native Group for the purpose of preserving cultural resources, without regard to whether title to such resources is in the United States. Authorizes the Secretary to establish an information and education center for visitors to Alaska, on no more than 1,000 acres of land adjacent to the Alaska Highway. Authorizes the Secretary to establish such centers in Anchorage and Fairbanks, and authorizes the Secretary of Agriculture to establish such a center in Juneau, Ketchikan, or Sitka. Sets forth provisions relating to program planning, construction, operation and administration of such centers. Authorizes the Secretary to establish administrative sites and visitor facilities within the conservation units, if compatible, or outside the units. Directs the Secretary to locate such sites and facilities on Native lands where practicable and desirable. Sets forth the authorities of the Secretary in regard to establishing such sites and facilities. Directs the Secretary, under reasonable terms, to permit a person who on or before January 1, 1979, was adequately providing any type of visitor service to a conservation system unit, to continue providing the services if they are consistent with the purposes of the unit. Requires that the Secretary, in selecting persons to provide visitor services, give preference to Native Corporations most directly affected by the conservation system unit, and local residents. Directs the Secretary to establish a local-hire program, under which the Secretary will consider for selection qualified local residents to positions in any of the units, without regard to civil service regulations which require minimum periods of formal training or experience, other preference provisions, or numerical limitations on personnel. Requires the Secretary to submit annual reports and recommendations to Congress on such program. Requires the Secretary to prepare detailed management plans for national park and wildlife refuge units and submit them to Congress within five years of the date of enactment of this Act. Sets forth requirements for such plans, factors which must be considered, public hearings requirements, and requirements for reports to the appropriate committees of Congress. Closes all areas of the National Park System in Alaska to the taking of fish and wildlife, except for authorized subsistence use, fishing, and sport hunting as the Secretary may permit within national preserves. Stipulates that other conservation units will be subject to applicable Federal and State law. Requires that the boundary maps described in this Act shall be on file and available for public inspection in the office of the Secretary of Interior and Secretary of Agriculture. Specifies that in the event of discrepancies between the acreages stated in this Act and those depicted on such maps, the maps shall be controlling. Prohibits the boundaries of areas added to the national systems to extend beyond the mean high tide line to include lands owned by the State unless the State concurs. Directs that a map and legal description of each change in land management status effected by this Act be published in the Federal Register and filed with the Speaker of the House of Representatives and the President of the Senate, and that each such description shall have the same force as if included in this Act. Directs that the Secretary shall make each such map and description available for public inspection. Authorizes the Secretary of the Interior and the Secretary of Agriculture to make minor adjustments in the boundaries or areas added to or established by this Act, as appropriate, following reasonable notice in writing to Congress. Permits reasonable access to and operation and maintenance of existing air and navigation aids and facilities for weather, climate, and fisheries research and monitoring in accordance with applicable law. Authorizes reasonable access to and operation and maintenance of, existing facilities for national defense purposes, notwithstanding any other provision of this Act. Permits the establishment of new facilities for national defense purposes within any conservation unit after consultation with the Secretary of the Interior and the Secretary of Agriculture by the head of the applicable Federal department, in accordance with terms and conditions as may be mutually agreed in order to minimize the adverse effects within such unit. Amends the Act to authorize the Secretary of the Interior to establish the Klondike Gold Rush National Historical Park to provide that lands owned by the State or any political subdivision may be acquired by exchange or donation and that the State may include minerals in any such transaction. Withdraws all public lands within a specified area near the Denali National Park from all forms of entry or appropriation under the mining laws and from operation of mineral leasing laws of the United States, for the purpose of establishing Denali Scenic Highway. Directs the Secretary to study the desirability of establishing a Denali Scenic Highway and within three years after the date of enactment to report to the President, who shall advise the President of the Senate and the Speaker of the House of Representatives of any legislation to create such a scenic highway (if so recommended). Stipulates that a holder of a permit to use any conservation system shall be strictly liable for damage to any lands, fish, wildlife or other renewable resource, unless such damage was caused by an act of war or the negligence of the United States. Limits damages for such strict liability to $50,000,000 for any one incident. Exempts the State from strict liability. Withdraws all public lands within the conservation system units in Alaska, subject to valid existing rights, from the mining and mineral leasing laws of the United States. Directs any holder of a valid existing mineral claim or lease to exercise their rights in accordance with regulations promulgated by the Secretary to assure such activities are compatible with the conservation unit. Denies valid lease status to certain noncompetitive oil and gas leases. Allows any holder of a mining claim who feels he has suffered loss to bring an action against the United States in the U.S. District Court for Alaska. Directs the Secretary to assess the oil, gas, and other mineral potential on all public lands in the State of Alaska in order to expand the data base with respect to mineral potential of such lands. Title IX: Improvements in Administration of the Alaska Native Claims Settlement Act - Amends the Alaska Native Claims Settlement Act to cancel all stock issued previous to December 18, 1991, and to issue shares of appropriate class stock to each stockholder. Makes further provisions for permissible restrictions on stockholders; amendments to the articles of incorporation; and stock alienation, annual audits, and transfer of stock ownership. Includes provisions for: (1) the Secretary waiving the whole section requirement at the request of a Village Corporation in certain specified situations; (2) the selection of land by Regional Corporations where the public lands consist only of the mineral estates; (3) the conveyance of title to the Federal or State Government or the proper municipal corporation to the surface estate for existing airport sites; and (4) the conveyance of fee title of existing cemetery and historical places to the appropriate Regional Corporation. Dissentitles any Regional Corporation which asserts a claim with the Secretary to certain subsurface estate of lands selected under such Act which are in a Wildlife Refuge, to any in lieu surface or subsurface estate. Requires that any such claim must be asserted within 180 days after enactment. Amends the Alaska Native Claims Settlement Act to exempt from Federal, State, and local taxation the receipt of land or any interest pursuant to this Act to equalize the values of properties. Stipulates the manner to determine the taxable basis of such interests for the purpose of future taxable dispositions. Exempts from taxation real property interests conveyed pursuant to this Act to a Native individual or Native Corporation which are not developed or leased to third parties. States that fire protection of Native land provided by the Department of the Interior shall cover "wildland." Makes provisions for the conveyance of real property by a Village Corporation to a shareholder of such Corporation to provide homesites. Authorizes the Secretary to withdraw twice the amount of unfulfilled entitlement where lands selected and conveyed to a Village Corporation is insufficient to fulfill the Corporation's entitlement. Withdraws from further entry all lands located in patented townsites or which are the subject of an application for patent on the date of enactment of this Act. Provides for the conveyance of unoccupied townsite lands. Requires the Secretary to act on any pending townsite entry and to issue patent, if appropriate, to the townsite trustee. Approves Alaska Native allotment applications which were pending before the Department of the Interior on December 18, 1971, and which describe land that was unreserved on December 13, 1968, except when provided otherwise by the applicable provisions of this Act. Makes exceptions to such approval for: (1) allotment applications describing land within the boundaries of a conservation system unit established before or by this Act and the described land not withdrawn; (2) allotment applications describing land patented or deeded to the State of Alaska, or land selected by, or tentatively approved or confirmed to the State of Alaska as of December 18, 1971 and not withdrawn; (3) allotment applications where a Native Corporation files a protest stating the applicant is not entitled and the land is withdrawn for selection by the Corporation; (4) allotment applications where the State of Alaska files a protest stating the land in the allotment application is necessary for access to public lands; (5) allotment applications where a person or entity files a protest and the land is a situs of an improvement by that person or entity; and (6) an allotment application that was pending before the Department of the Interior on December 18, 1971, which was knowingly and voluntarily relinquished by the applicant. Sets forth procedures for the Secretary to adjust descriptions of lands in allotment applications to eliminate conflicts. Allows the allotment applicant to amend the land description in the allotment if such description describes land that the applicant did not intend to claim. Directs the Secretary to notify the State and all interested parties of such intended correction and gives parties an opportunity to file a protest. Deems vacant, unappropriated and unreserved land described in an allotment application pending before the Department of the Interior on December 18, 1971, which was at such time withdrawn, reserved, or classified for powersite or power-project purposes unless the described land is included as part of a project under the Federal Power Act or is presently utilized for purposes of transmitting or generating electrical power. Reserves such land to be alloted subject to a right or reentry for a 20-year period after the effective date of this Act. Directs the Secretary to identify and adjudicate any record entry or application for title made under an Act other than the Alaska Native Claims Settlement Act, the Alaska Statehood Act, or the Act of May 17, 1906, prior to issuing a certificate for an allotment subject to this Act. Directs the Secretary to determine whether such entry or application represents a valid existing right. Disallows the affecting of existing rights acquired by actual use of the described lands prior to its withdrawal or classification. Sets forth fiscal year adjustments for appropriation of funds. Directs the Secretary to pay by grant to each of the Native Group Corporations $50,000 to $100,000 depending on the population of each group, to be used for planning, development, and other authorized purposes. Subjects the decisions made by the Secretary under this title or the Alaska Native Claims Settlement Act to judicial review only if an action is initiated before a court of competent jurisdiction within two years after the Secretary's decision has become final and after the party seeking review has exhausted any administrative appeal rights. Subjects the decisions made by a Village Corporation to reconvey land under the Alaska Native Claims Settlement Act to judicial review only if the action is initiated before a court of competent jurisdiction within one year after the date of the filing of the map of the boundaries under applicable law.
United States · United States Congress · 15 January 1979
Amends the Federal Election Campaign Act of 1971 to add Title V: Financing of General Election Campaigns for the House of Representatives. Directs the Secretary of the Treasury to maintain, in the Presidential Election Campaign Fund, the House of Representatives Election Campaign Account. Sets forth eligibility requirements to be met by candidates for election to the House of Representatives seeking payments from such Account. Limits expenditures from personal funds which may be made by candidates meeting such eligibility requirements. Entitles eligible candidates to matching payments and sets forth the procedure for determining the amounts of these payments. Stipulates that the aggregate payments to all candidates in an election shall not exceed three times the maximum amount payable in matching funds. Suspends certain expenditure limitations on eligible candidates if any candidate not eligible to receive payments pursuant to this Act makes expenditures or receives contributions in excess of specified amounts. Sets forth the procedure for requesting matching payments. Sets forth procedures to be followed by the Secretary of the Treasury in maintaining the House of Representatives Election Campaign Account. Directs the Federal Elections Commission to conduct examinations and audits of the campaign accounts of ten percent of the eligible candidates. Provides for the participation of the Commission in judicial proceedings arising under this Act. Authorizes appropriations necessary to carry out the purposes of this Act.
![Official portrait of Sen. Wirth, Timothy [D-CO]](https://www.congress.gov/img/member/w000647_200.jpg)