To designate the week of October 13, 1991, through October 19, 1991, as "National Radon Action Week".
United States · United States Congress · 10 January 1991
Designates the week of October 13 through 19, 1991, as National Radon Action Week.
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United States · United States Congress · 10 January 1991
Designates the week of October 13 through 19, 1991, as National Radon Action Week.
European Union · European Commission · 9 January 1991
United States · United States Congress · 7 January 1991
National Commission to Study the Causes of the Demand for Drugs in the United States - Establishes the National Commission to Study the Causes of the Demand for Drugs in the United States to study the causes of drug abuse in the United States and to assess the needs of Government at all levels to create a socially supportive environment that reduces the desire of individuals to experiment with and abuse illicit drugs. Requires the Commission to examine the factors that contribute to drug abuse and the efforts being made to prevent such abuse. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Amends Federal law regarding stock-raising homesteads to require a written notice to the surface owner before a person may enter lands for prospecting purposes or to locate a mining claim. Sets forth an authorized prospecting period during which prospecting and locating a mining claim may be conducted with minimal surface disruption (but precludes road construction or the use of explosives or mechanical earth moving equipment on such lands). Limits the total acreage that may be covered at any time by notices of intention to locate a claim. Prohibits any mineral exploration or development activities without the surface owner's consent unless the Secretary of the Interior (the Secretary) has authorized such activities according to prescribed guidelines which include posting a surety bond to insure: (1) surface reclamation; (2) compensation paid to the surface owner for damages to crops and tangible improvements; and (3) compensation for loss of income by the surface owner due to impaired land use. Sets forth conditions under which plans of operation for mineral development and exploration may be pursued (including minimization of impaired land use and the payment of a fee to the surface owner for the use of surface lands). Requires the Secretary to suspend or revoke the approval of a mining or prospecting plan of operations if the mine operator fails to remedy any plan violations. Sets forth conditions under which treble damages may be awarded to an aggrieved surface owner. Authorizes the Secretary to convey Federal interests in Stock Raising Homestead Act lands to the surface owner without regard to certain requirements of the Federal Land Management Policy Management Act of 1976. Requires the Secretary to simplify the procedures governing applications by surface owners of Stock Raising Homestead Act lands to obtain title to the Federal interests in those lands.
United States · United States Congress · 3 January 1991
Motor Vehicle Fuel Efficiency Act of 1991 - Amends the Motor Vehicle Information and Cost Savings Act to establish average fuel economy standards for passenger automobiles and automobiles other than passenger automobiles (light trucks) for model years 1996 and thereafter. Requires the Secretary of Transportation to provide for a review by the National Academy of Sciences of the current state of research and development in light truck fuel economy and passenger automobile fuel economy and an assessment of the potential for improving the fuel efficiency and reducing the energy consumption of passenger automobiles and light trucks. Directs the Secretary, using such review, to establish a schedule for increasing average fuel economy standards for passenger and nonpassenger cars for model years 2002 through 2006. Revises criteria with respect to the testing of fuel economy for passenger automobiles. Requires automobile manufacturers to affix to each automobile a label that contains fuel economy values specific to such automobile's particular vehicle configuration where that vehicle configuration is less than the fuel economy standard applicable to the vehicle's manufacturer. Requires the Administrator of the Environmental Protection Agency to report annually to specified congressional committees on a study of the accuracy of fuel economy testing of passenger automobiles. Directs the Secretary of Energy to distribute at least 100 explanatory booklets each year to every dealer and additional numbers if requested. Doubles the civil penalty for repeated violations of the fuel economy standard.
United States · United States Congress · 3 January 1991
Amends the Reclamation States Drought Assistance Act of 1988 to extend: (1) through March 1, 1993, the period for completion of studies to augment, make use of, or conserve water supplies available to Federal reclamation projects and Indian water resources development; and (2) through 1992, authorized construction, management, and conservation activities to mitigate damages resulting from drought conditions. Authorizes the Secretary of the Interior to purchase water from willing sellers and to make such water available to reclamation project and nonproject water users at rates sufficient to repay the Secretary for the cost of such water. Extends, through 1992, the general and contract authority of the Secretary to make available water or canal capacity at existing Federal reclamation projects to water users and others on a temporary basis to mitigate damages due to drought conditions. Requires that the cost of water made available by the Secretary to protect fish and wildlife resources, even during drought conditions, be nonreimbursable. Authorizes the Secretary to store and convey nonproject water utilizing Federal reclamation project facilities for purposes other than irrigation and for use outside the authorized project service area at a rate sufficient to repay the cost of storing and conveying such water. Extends through 1992 the authority of the Secretary to make emergency loans for mitigating drought damages. Authorizes the Secretary to defer without penalty the payment of any charge as the Secretary deems necessary because of financial hardship caused by drought. Provides that actions taken under such Act in response to emergency conditions shall not be subject to provisions of the National Environmental Policy Act of 1969 and the Federal Paperwork Reduction Act. Extends through 1992 the emergency drought program. Increases the total amount authorized to be appropriated to carry out the Reclamation States Drought Assistance Act of 1988.
United States · United States Congress · 3 January 1991
Amends the Petroleum Marketing Practices Act to require gasoline retailers to display in a clear and conspicuous manner on each gasoline dispenser, at the point of sale to the ultimate purchaser of automotive gasoline, a specified warning statement concerning octane ratings. Requires the Environmental Protection Agency to enforce this Act.
United States · United States Congress · 3 January 1991
Wetlands No Net Loss Act of 1991 - Requires the Secretary of the Interior to designate a nonprofit organization as a Wetlands Preservation Trust if such organization: (1) is established for the purpose of acquiring ownership interests in wetlands, former wetlands, and related property and for restoring, creating, or preserving wetlands; and (2) meets, and submits an application in accordance with, the Secretary's requirements. Amends the Internal Revenue Code to create special rules for contributions of land to such Trusts. Applies the 50 percent limitation on charitable contribution deductions to contributions of wetlands to such Trusts. Permits a ten-year carryover for excess contributions. Extends the deadline for the exchange of property held for productive use or investment if such contributions are made as part of such exchanges. Permits the carryover of unused deductions on a taxpayer's last return if such taxpayer dies before the close of the last taxable year for which such deductions could have been allowed. Authorizes the Secretary, acting through the Office of Wetlands Identification and Preservation, to make grants to States from the Wetlands Preservation Account for the improvement, development, or implementation of State Wetlands Conservation Plans. Outlines requirements of such Plans. Prohibits the Secretary from approving any Plan that does not include all wetlands in the State. Amends the Emergency Wetlands Resources Act of 1986 to include former wetlands in the national wetlands priority conservation plan. Amends the Fish and Wildlife Act of 1956 to require the Director of the U.S. Fish and Wildlife Service to establish the Office of Wetlands Identification and Preservation within the Service by consolidating the Service's programs of Federal Aid, Acquisition, National Wetland Inventory, and Enhancement (restoration). Requires the Director, acting through the Office, to: (1) provide National Wetland Inventory maps to all Federal agencies that own or manage wetlands and make such maps available to the public; (2) conduct a Wetlands Restoration Initiative; (3) carry out title III of the Emergency Wetlands Resources Act of 1986 (State and Federal wetland acquisition); and (4) report to the Congress every five years on trends of the nation's wetland resources, the rate at which they are being lost or gained, and the types and causes of alterations. Authorizes the Director to enter into agreements with private persons to carry out wetlands preservation. Directs heads of Federal agencies that own or manage wetlands to enter into agreements with the Director regarding the completion of mapping of lands not covered by the National Wetland Inventory map. Establishes the Wetlands Preservation Account. Requires at least 60 percent of Account funds to be available for grants to States. Sets forth uses for the remainder of such funds. Requires the Secretary of the Treasury to deposit into such Account amounts received in the form of: (1) criminal penalties for certain permit violations of the Federal Water Pollution Control Act; and (2) civil and administrative penalties under such Act. Directs the Secretary to transfer annually to the Account $300,000,000 from the Land and Water Conservation Fund. Authorizes appropriations. Requires the head of each executive agency to: (1) complete an inventory of all wetlands and associated uplands owned or managed by the agency; and (2) implement a plan for the protection of wetlands and uplands included in the inventory. Requires such agencies to submit such plans to the head of the Office and the Secretary of the Interior. Amends the Federal Water Pollution Control Act to authorize the Secretary of the Army, acting through the Chief of Engineers, to issue permits for activities in wetlands or other navigable waters that result in specified changes, or impair the flow, reach, or circulation of surface waters, in such wetlands or waters. Requires permit guidelines to be designed to achieve no overall net loss of wetlands. Applies provisions concerning the denial or restriction of use of specified disposal sites to alterations of wetlands or navigable waters. Authorizes the Secretary to issue general permits within a State for categories of wetlands or other waters if the State has an approved State Wetlands Conservation Plan. Requires the Secretary to monitor the achievement of no overall net loss of wetlands in each general permit and base issuances or renewals of permits on such monitoring. Authorizes the Governors of States desiring to administer their own permit programs for the discharge of dredged or fill material and other alterations of navigable waters to submit State Wetlands Conservation Plans to the Administrator of the Environmental Protection Agency. Provides for permit processing fees. Provides that permits shall require State water quality certifications. Prohibits the issuance of any permit unless measures are taken to avoid and minimize adverse effects of activities on wetlands and other navigable waters. Requires mitigation measures to be included in permits. Amends the Fish and Wildlife Coordination Act to transfer specified authorities of the Secretary of the Interior to the Secretary of Commerce. Revises reporting requirements to require Federal agency reports under such Act to include measures to achieve no net loss of wetlands. Requires the Director of the Office of Technology Assessment to study and report to the Congress on: (1) incentives under Federal and State laws for the protection and management of wetlands; (2) potential modifications to existing Federal laws to improve their effectiveness in creating such incentives and to increase the permanence of such protection; and (3) ways in which the Federal Government may encourage State and local governments to create additional incentives for the protection and management of wetlands by private individuals.
United States · United States Congress · 3 January 1991
Wetlands Protection and Regulatory Reform Act of 1991 - Amends the Federal Water Pollution Control Act to require guidelines concerning permits for the discharge of dredged or fill material into navigable waters to accord different levels of protection to wetlands based on acreage, function, and value. Repeals a provision that authorizes the Administrator of the Environmental Protection Agency to deny or restrict the use of areas as disposal sites. Sets forth provisions concerning permit applications. Authorizes the Secretary of the Army to issue general permits within a State for categories of wetlands or navigable waters if the State has an approved wetlands conservation plan. Requires the Secretary to monitor the progress in achieving the goal of no net loss of wetlands in relation to such permits. Limits permit terms to five-year periods. Authorizes the revocation or modification of a permit if the activities authorized by such permit have adverse environmental impacts or are more appropriately authorized by individual permits. Exempts the discharge of dredged or fill material into navigable waters from the following activities from regulation under the Federal Water Pollution Control Act: (1) aquaculture; and (2) the construction or maintenance of an abandoned mine reclamation project which is approved by State agencies and receives funds pursuant to the Surface Mining Control and Reclamation Act of 1977. Authorizes the Governors of States desiring to administer their own permit programs for the discharge of dredged or fill material and other alterations of navigable waters to submit State wetlands conservation plans to the Administrator. Requires the Secretary to establish standards to govern the delineation of lands as wetlands. Authorizes State Governors to submit State wetlands conservation plans. Sets forth plan approval procedures. Permits the Administrator, upon the request of a State, to provide technical assistance in developing such plans. Requires the Administrator, upon application of a State with an approved plan, to make grants to such State for implementing the plan. Limits the Federal share of such grants to 60 percent of the total cost of implementation. Prohibits more than 15 percent of the amount appropriated to carry out such plans from being used for grants to States. Authorizes appropriations. Reserves a specified amount of funds for wetlands conservation planning. Increases the amounts required to be reserved by States for water quality and wetlands conservation planning. Directs the Administrator to establish: (1) a national wetlands program to promote understanding and dissemination of information on the functioning of wetlands ecosystems; (2) a national wetlands restoration and creation program; and (3) a wetlands restoration clearinghouse. Permits the Administrator to impose cost-sharing requirements on non-Federal sponsors of such activities. Authorizes and directs the Secretary to establish a program to evaluate and demonstrate: (1) the use of constructed wetlands for wastewater treatment; and (2) methods by which such projects restore and maintain the physical, chemical, and biological integrity of U.S. waters and attain the goals of the Act. Requires the Secretary to conduct research and pilot projects utilizing constructed wetlands with a total treatment capacity of up to 200,000,000 gallons per day to determine the economic and technical feasibility of using such wetlands to treat wastewater from point and nonpoint sources. Requires priority to be given to siting projects in small and rural communities lacking wastewater treatment facilities or with substandard facilities. Directs the Secretary to establish in the Corps of Engineers an interagency working group on wetlands for wastewater treatment to coordinate and oversee such wetlands program. Directs the interagency group to report to the Congress on the use of constructed wetlands for treating sources of wastewater, together with recommendations on methods by which such wetlands might be utilized to improve local water quality. Requires the Secretary to establish a demonstration program to determine the feasibility of utilizing mitigation banks to satisfy wetlands mitigation requirements and the goals of this Act. Defines a "mitigation bank" as a system or process of accounting under which an applicant may deposit or withdraw units measuring wetlands restoration, enhancement, and creation efforts to satisfy mitigation or compensation requirements. Requires the Administrator to amend guidelines under the Federal Water Pollution Control Act to require consideration of property ownership and other matters in the public interest in reviewing individual and general permit applications and renewals. Directs the Secretary and the Administrator to report to the Congress on efforts to implement a specified Executive Order relating to governmental actions and interference with constitutionally protected property rights. Requires the Comptroller General to study and report to the Congress on the need and feasibility of expanding the situations requiring the preparation of a takings analysis pursuant to such Order. Directs the Administrator to continue to provide advanced identifications of wetlands subject to regulation under the Federal Water Pollution Control Act. Requires the Secretary or the Administrator to provide public notice of any identification or delineation of wetlands subject to regulation under such Act. Directs the Army Corps of Engineers, the Federal Highway Administration, and the Tennessee Valley Authority to develop programs to achieve no net loss of wetlands. Requires specified Federal officials to organize public and private entities in undertaking a cooperative wetlands restoration initiative. Provides that such initiative shall focus on restoring wetlands: (1) on publicly owned lands; (2) in areas where wetlands were previously converted as a result of facilities that the Federal Government constructed, sponsored, or licensed; and (3) in association with the construction of new facilities which the Federal Government constructs, sponsors, or licenses. Requires the Director of the Office of Technology Assessment to study and report to the Congress on: (1) incentives under Federal and State law for private individuals and entities to protect and manage wetlands; (2) modifications which may be made to Federal laws to create such incentives and increase the permanence of such protection; and (3) ways in which the Federal Government may encourage State and local governments to create additional incentives for such individuals. Directs the Secretary to study and report to the Congress on certain fees collected for permit processing pursuant to the Federal Water Pollution Control Act and the Rivers and Harbors Appropriations Act of 1899.
United States · United States Congress · 3 January 1991
Requires the Administrator of the Environmental Protection Agency (EPA) to include with any regulations EPA issues a statement of their anticipated effects on small businesses.
United States · United States Congress · 3 January 1991
Deems the Strategic Target System program conducted by the Sandia National Laboratories of the Department of Energy at the Kauai Test Facility of the Pacific Missile Range Facility on Kauai, Hawaii, to be a major Federal action significantly affecting the quality of the human environment for purposes of the National Environmental Policy Act of 1969.
United States · United States Congress · 3 January 1991
Central Utah Project Completion Act - Title I: Central Utah Project Construction - Authorizes additional appropriations for the Colorado River water storage project (CRSP), to be available solely for design, engineering, and construction of the facilities identified in this title, the planning and implementation of certain fish and wildlife and recreation mitigation and conservation projects and studies, and the Ute Indian Rights Settlement authorized under this Act. Requires the Secretary of the Interior (the Secretary) to implement specified recommendations prepared by the Inspector General of the Department of the Interior with respect to the financial management of the CRSP. Earmarks specified amounts of such additional funds for various reclamation projects and features within Utah. Permits counties in which such projects and features were proposed to be located to participate in certain local development projects. Provides for the termination of the authorization of appropriations for construction of any CRSP participating project located in Utah five years after the enactment of this Act unless the Secretary: (1) executes a cost-sharing agreement with non-Federal entities for construction of such project; and (2) has requested construction funds for such project. Directs the Secretary to: (1) make appropriated funds available in their entirety to non-Federal interests as provided for pursuant to the provisions of this Act; and (2) report to the Congress on the status of CRSP participating projects for which construction has not begun as of October 15, 1990. Makes specified amounts available, subject to certain restrictions, for features of the Bonneville Unit of the Central Utah Project (CUP), including: (1) an irrigation and drainage system; (2) a feasibility study and development of systems to allow groundwater recharge, management, and the conjunctive use of surface and groundwater resources; (3) a feasibility study of irrigation improvements to facilitate the acquisition of certain Strawberry Basin water rights and to increase efficiency, enhance beneficial uses, and achieve greater water conservation within Wasatch County; (4) a feasibility study to reduce the salinity of Utah Lake; (5) a feasibility study of direct delivery of Colorado River Basin water from the Strawberry Reservoir or elsewhere in the Strawberry Collection System to the Provo River Basin, and evaluating the potential for changes in existing importation patterns and quantities of water from the Weber and Duchesne River Basins; and (6) completing construction of the Diamond Fork System. Directs the Secretary, in exchange for and as a precondition to approval of the Strawberry Water Users Association's petition for Bonneville Unit water, to impose conditions on such approval so as to ensure that the Association manages and develops specified lands in a manner compatible with the management and improvement of adjacent Federal lands for wildlife purposes, natural values, and recreation. Prohibits the Secretary of Agriculture and the Secretary from permitting commercial or other development of specified Federal lands. Makes specified amounts available to increase efficiency, enhance beneficial uses, and achieve greater water conservation within the Uinta Basin, including funds for: (1) the construction of the Pigeon Water Reservoir, together with an enclosed pipeline conveyance system to divert water from Lake Fork River to Pigeon Water Reservoir and Sandwash Reservoir; (2) the construction of the McGuire Draw and Clay Basin Reservoirs; (3) the rehabilitation of Farnsworth Canal; and (4) the construction of permanent diversion facilities identified by the Utah Reclamation Mitigation and Conservation Commission on the Duchesne and Strawberry Rivers, the designs of which shall be approved by the Federal and State fish and wildlife agencies. Sets forth various requirements and restrictions on, and provisions setting conditions for the termination of authorizations for, the Bonneville Unit water development and the Uinta Basin replacement project. Authorizes the Secretary to: (1) contract with the Uinta Water Conservancy District for the retention by the United States of responsibility for part of the municipal and industrial water obligation with a corresponding part of the water supply to be controlled and marketed by the United States in conformance with State law; and (2) establish a conservation pool of 4,000 acre feet in Red Fleet Reservoir to enhance associated fishery and recreational opportunities and for other purposes recommended by the Commission, and enter into an agreement with the Utah Division of Parks and Recreation for the management and operation of Red Fleet recreational facilities. Requires that the non-Federal share of the costs for the design, engineering, and construction of the Bonneville Unit water development and the Uinta Basin replacement project be 35 percent and 50 percent for the specified feasibility studies. Prohibits the obligation or expenditure of amounts for such development and project, with exceptions, until: (1) the Secretary or the Central Utah Water Conservancy District (the District), at the District's option, completes a Definite Plan Report for the Bonneville Unit and a feasibility study for the Uinta project; (2) the requirements of the National Environmental Policy Act of 1969 have been satisfied; and (3) a plan has been developed and approved by the U.S. Fish and Wildlife Service to prevent any harmful contamination of waters due to concentrations of selenium or other such toxicants, if the Service determines that development of the particular system may result in contamination. Bars the provision of Federal funds under this Act to any non-Federal interest until any such interest enters into a binding agreement with the appropriate Federal authority to be considered a "Federal agency" for purposes of compliance with all Federal fish, wildlife, recreation, and environmental laws with respect to the use of such funds, and to comply with this Act. Requires the District, at the option of specified eligible counties, to rebate to such counties all ad valorem tax contributions paid by such counties to the District, with interest but less the value of any benefits received by such counties and less the administrative expenses incurred by the District to that date. Directs the Secretary, upon request of eligible counties that elect not to participate in the project, to provide as grants to such counties sums for potable water distribution and treatment, wastewater collection and treatment, agricultural water management, and other public infrastructure improvements approved by the Secretary. Bars the use of available funds for the draining of wetlands, the dredging of natural water courses, and planning or constructing water impoundments of greater than 5,000 acre feet, with exceptions. Requires the District to: (1) prepare and maintain a comprehensive water management improvement plan, including specified water conservation goals and providing for a water management improvement inventory; (2) establish a continuous process for the identification, evaluation, and implementation of water conservation measures, and submit a report thereon to the Secretary; (3) prepare and transmit to the Secretary a study of wholesale and retail pricing to encourage water conservation, and a study of the coordinated operation of independent municipal, industrial, and irrigation water systems; and (4) evaluate cost-effective flexible operating procedures that will serve specified purposes, including improving the availability and reliability of the water supply, coordinating the timing of reservoir releases, assisting in managing drought emergencies, and encouraging the maintenance of existing wells and other facilities which may be placed on standby status when water deliveries from the project become available. Authorizes appropriations. Authorizes the Governor of Utah (or, if the Governor fails to do so, directs the Secretary) to establish the Utah Water Conservation Advisory Board. Directs the Board to recommend water conservation standards and regulations for promulgation by State or local authorities in the service area of each petitioner of a water project. Requires the District to pay a surcharge for each year of substantial noncompliance according to a specified formula. Sets forth provisions with respect to: (1) judicial review; (2) citizen suits; (3) jurisdiction and venue; and (4) costs awarded by the Court. Requires that hydropower generation facilities associated with the CUP operate in accordance with a specified statute. Prohibits the diversion of Colorado River Basin waters exclusively for power generation purposes. Requires the District to utilize its best efforts to achieving operating agreements with the Jordanelle Reservoir, Deer Creek Reservoir, Utah Lake, and Strawberry Reservoir. Authorizes the prepayment of certain expenses in connection with the Jordan Aqueduct System. Requires the Comptroller General to audit project cost allocations among the various project purposes and submit a report to the Secretary and to the Congress. Grants the Secretary authority to reallocate project costs and to defer repayment of such costs under certain circumstances. Directs the Secretary to impose a surcharge for the use of CUP water to grow surplus commodity crops until the construction costs of certain facilities authorized by this Act are repaid. Title II: Fish, Wildlife, and Recreation Mitigation and Conservation - Establishes the Utah Reclamation Mitigation and Conservation Commission to coordinate the implementation of the mitigation and conservation provisions of this Act among the Federal and State fish, wildlife, and recreation agencies. Requires the Commission to complete certain plans and submit specified reports. Provides funding for the Commission. Directs the District to acquire, with funds provided by the Commission, specified water rights in the Provo River Drainage. Earmarks specified funds for such acquisition. Provides all water rights after such acquisition to the Utah Division of Wildlife Resources for maintaining certain instream flows for fish, wildlife, and recreation purposes in the Provo River. Authorizes appropriations. Directs the District, annually, to provide amounts of water sufficient to sustain minimum stream flows established pursuant to a prior Stream Flow Agreement. Directs the District to acquire with Commission funds all of the Strawberry Basin water rights being diverted to the Heber Valley through the Daniel's Creek drainage and to apply such rights to increase the minimum stream flows of streams and rivers in the Strawberry River and Reservoir area. Earmarks funds for such acquisition. Requires the yield and operating plans for the Bonneville Unit of the CUP to be established or adjusted to provide for specified minimum stream flows for streams and rivers in the Diamond Fork and Provo Rivers. Requires such minimum flows to be provided continuously and in perpetuity from the date first feasible as determined by the Commission. Directs the District to prepare a study and develop a mitigation plan of the effects of peak season flows in the Provo River. Earmarks specified funds for such study and plan. Provides that, upon completion of the Diamond Fork water delivery system, the Strawberry Tunnel shall no longer be used, except for delivery of water for specified instream purposes. Provides an exception where the District has determined that the Syar Tunnel or the Sixth Water Aqueduct is rendered unusable or emergency circumstances require the use of the Strawberry Tunnel for the delivery of contracted CUP water and Strawberry Valley Reclamation Project water. Requires the fish, wildlife, and recreation projects identified or proposed in the Definite Plan Report (a May 1988 report for the Bonneville Unit of the CUP) which have not been completed as of the enactment of this Act to be completed in accordance with such Report and a fish, wildlife, and recreation mitigation schedule appearing later under this Act, with exceptions. Directs the Commission to acquire on an expedited basis big game winter range lands to compensate for the impacts of Federal reclamation projects in Utah. Requires such acquired lands to be transferred to the Utah Division of Wildlife Resources or, for such parcels as may be within the boundaries of Federal land ownerships, to the appropriate Federal agency, for management as a big game winter range. Requires the Commission to construct big game crossings and wildlife escape ramps for the protection of big game animals along the Provo Reservoir Canal, Highline Canal, Strawberry Power Canal, and others. Earmarks funds for such construction. Earmarks funds for the planning and implementation of projects to preserve, rehabilitate, and enhance wetlands areas around the Great Salt Lake in accordance with a plan to be developed by the Commission. Requires the Commission to inventory, prioritize, and map the occurrences in Utah of sensitive nongame wildlife species and their habitat and sensitive plant species and ecosystems. Authorizes appropriations. Directs the Commission to acquire private land, water rights, conservation easements, or other interests necessary for the establishment of the Utah Lake Wetlands Preserve. Directs the Secretary to enter into an agreement under which the Wetlands Preserve shall be managed by the Utah Division of Wildlife Resources pursuant to a plan developed in accordance with this Act and the substantive requirements of the National Wildlife Refuge System Administration Act of 1966. Requires that the Wetlands Preserve be managed for the protection of migratory birds, wildlife habitat, and wetlands values in a manner compatible with the surrounding farmlands, orchards, and agricultural production area, with limited grazing. Makes funds available for the acquisition of such land, water rights, and other interests for the establishment of the Wetlands Preserve. Bars the acquisition of lands, easements, or water rights without the consent of the owner of such lands or water rights. Specifies that base property of lessee or permitee under a Federal grazing permit or lease held on the date of enactment of this Act shall include land of such lessee or permitee acquired by the Secretary under this Act. Prohibits the United States from issuing Federal permits allowing commercial, industrial, or residential development on the southern portion of Provo Bay in Utah Lake, with exceptions. Earmarks specified funds for fisheries acquisition, rehabilitation, and improvements within Utah. Requires the project plan for the stabilization of high mountain lakes in the Upper Provo River drainage to be revised to provide for the stabilization of specified lakes in such area at levels beneficial for fish habitat and recreation. Earmarks specified funds for stabilization and of fish and wildlife habitat restoration in such lakes. Earmarks specified funds for stream access and riparian habitat development in Utah at specified areas. Earmarks funds to the Commission to conduct a study of the impacts to soils and riparian fish and wildlife habitats in drainages that will experience substantially-reduced water flows resulting from operation of the Strawberry Collection System. Earmarks specified funds for: (1) Jordan River riparian habitat rehabilitation; (2) acquisition of the wetlands acreages along the Jordan River; (3) recreational facilities for the Provo/Jordan River Parkway; and (4) riparian habitat acquisition and preservation, stream habitat improvements, and recreation and angler access along the Provo River in specified areas. Earmarks specified funds for: (1) specified CUP recreation features; (2) watershed and fish and wildlife improvements in the Fermont River drainage; (3) small dams and watershed improvements in specified areas within Utah and the CUP; and (4) the planning and implementation of improvements to existing hatchery facilities or the construction and development of new hatcheries for areas affected by the CRSP. Provides certain restrictions in connection with the appropriation of funds for the CRSP. Outlines the fish, wildlife, and recreation mitigation and conservation schedule. Earmarks a specified percentage of funds allocated for scheduled projects for use by the Secretary to: (1) restore damaged natural ecosystems affected by the Federal reclamation program in a manner that provides for jobs and sustainable economic development; (2) expand recreational activities; and (3) support research and training in ecosystem restoration. Title III: Utah Reclamation Mitigation and Conservation Account - Establishes in the Treasury the Utah Reclamation Mitigation and Conservation Account. Provides for deposits into such Account by Federal, State, and project beneficiary contributors. Authorizes the Commission to administer and expend all sums deposited into the Account. Requires the Utah Division of Wildlife Resources, or its successors, to receive all amounts contributed annually to the Account and all interest on the principal of the Account at the beginning of each year. Requires funds received by the Utah Division of Wildlife Resources to be expended in accordance with a conservation plan, and amendments thereto, to be developed by the Utah Division of Wildlife Resources. Specifies that the financial management of the Account shall be subject to audit by the Inspector General of the Department of the Interior. Title IV: Ute Indian Rights Settlement - Provides that, commencing July 1, 1992, and continuing for 50 years, the Ute Indian Tribe shall receive from the United States 26 percent of the annual Bonneville Unit municipal and industrial capital repayment obligation attributable to 35,500 acre-feet of water representing a portion of the Tribe's water rights which will not be supplied from the CUP because the Upalco and Uinta units are not to be constructed. Directs the Tribe, commencing in the year 2042, to receive seven percent of the fair market value of the Bonneville Unit agricultural water which has been converted to municipal and industrial water, to be utilized by the Tribe for governmental purposes, not distributed per capita, and to be used to enhance educational, social, and economic opportunities for the Tribe. Authorizes the Secretary to make any unused capacity in the Bonneville Unit Strawberry Aqueduct and Collection System diversion facilities available for use by the Tribe. Allows the Tribe at any time to elect to return all or a portion of the water which is delivered for use in the Uinta Basin. Ratifies and approves to the revised compact reserving waters to the Ute Indian Tribe and establishing the uses and management of such tribal waters, subject to reratification by the State of Utah and the Tribe. Authorizes the Secretary to take all actions necessary to implement such compact. Restricts the disposal of waters secured to the Tribe in such compact into or in the Lower Colorado River Basin. Specifies that the use of water rights concerning such waters shall be governed solely as provided in this Act and in such compact. Earmarks specified amounts of the funds authorized under title I: (1) to permit the Ute Tribe to develop a farming/feed lot operation equipped with satisfactory water facilities, as well as a plan and a fund in connection with other farming projects of the Tribe; (2) to permit the Secretary to repair a leak in the Cedarview Reservoir in Dark Canyon, Utah; (3) to undertake stream improvements for certain rivers and creeks within Utah, under a specified condition; (4) to permit the Secretary to clean the Bottle Hollow Reservoir on the Ute Indian Reservation of trash and debris resulting from a submerged sanitary landfill, to remove all nongame fish, and to secure minimum flow of water to the reservoir to make it a suitable habitat for a cold water fishery; (5) for development of big game hunting, fisheries, campgrounds, and fish and wildlife management facilities on the Uinta and Ouray Reservation; (6) for Tribal participation in the construction of pipelines associated with the Duchesne County Municipal Water Conveyance System; and (7) for the Tribal Development Fund which the Secretary is authorized and directed to establish for the Ute Indian Tribe. Directs the Secretary to endeavor to maintain minimum stream flows from the outlet works of the Upper Stillwater Dam into Rock Creek during specified periods of the year. Directs the Bureau of Reclamation to transfer specified real property for the Ute Indian Tribe. Directs the Tribe to prepare a Tribal Development Plan for all or part of the Tribal Development Fund. Bars the Secretary from obligating or expending sums from the Fund for any economic project to be developed or constructed pursuant to this Act, unless the Secretary has complied fully with the requirements of applicable fish, wildlife, recreation, and environmental laws. Authorizes the Tribe to waive and release claims concerning or related to water rights as described. Authorizes the Tribe to resurrect such claims if funds authorized for the Tribe under this Act are not actually received. Title V: Endangered Species Act and National Environmental Policy Act - Specifies that nothing in this Act shall be interpreted as modifying or amending the provisions of the Endangered Species Act of 1973 or the National Environmental Policy Act of 1969.
United States · United States Congress · 3 January 1991
National Topsoil Preservation Act of 1991 - Establishes a National Land Resources Protection Commission which shall establish standards for stockpiling and replacing topsoil on lands where federally assisted projects are carried out. Directs the Commission to establish minimum standards to assure that projects will not pollute existing streams, cause land slides or flooding, or substantially change the water volume carried by the natural waterways adjoining the immediate construction area. Authorizes the Commission to require a plan and/or a compliance bond for a project prior to any earth moving. Requires the Commission to report annually to the Congress. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Federal Budget Structure Act of 1991 - Amends Federal law to require that the budget the President submits to the Congress be a unified budget comprising an operating budget and a capital budget, each presented separately for total funds, Federal funds, and trust funds. Restricts the capital budget to the major activities, projects, and programs supporting the acquisition, construction, alteration, and rehabilitation of capital assets. Includes all other items in the operating budget. Directs the Comptroller General to review and report to the Congress, as necessary, on the implementation of this Act. Requires the following reports to the House Committee on Public Works and Transportation and the Senate Committee on Environment and Public Works on capital activities and operating activities associated with: (1) roadways and bridges, airports and airway facilities, and mass transportation systems; (2) waste water treatment and related facilities; (3) water resource projects; and (4) public buildings.
United States · United States Congress · 3 January 1991
Recyclable Materials Technology and Markets Development Act - Directs the Secretary of Commerce to: (1) conduct a study of markets for postconsumer materials (defined as materials that have served their intended end-use by an entity other than an industrial establishment); and (2) establish an Office of Recycling Research and Information in the Department of Commerce. Requires the Director of Recycling Research and Information to: (1) make grants for studies and scientific research relating to recycling of postconsumer materials; and (2) conduct a public outreach program to provide information to secondary school students, State and local governments, and the general public. Requires each manufacturer of a recyclable product to recycle, or provide for the recycling of, increasing minimum percentages of the products manufactured during specified years. Directs the Secretary to designate a product as recyclable if it may feasibly be recycled, as determined by the Secretary. Prohibits manufacturing a product for which the prescribed recycling rate was not met for the preceding year. Provides for civil fines for violating the prohibition. Prohibits manufacturing a nonrecyclable product if a recyclable substitute is readily available. Directs the Secretary to designate a product as nonrecyclable if it is not technically or economically feasible to be recycled. Authorizes the Secretary to require nonrecyclable products to be so labeled. Provides for civil fines for violating the prohibition. Provides for recycling seals of approval for recyclable products and for products containing a certain percentage of recycled postconsumer materials.
United States · United States Congress · 3 January 1991
Federal Custodial Reponsibility Protection Act of 1991 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to exempt a Federal agency from liability under CERCLA where title or control of a facility was conveyed to such agency as a result of bankruptcy, foreclosure, or similar means.
United States · United States Congress · 3 January 1991
Plastic Container Identification Act of 1991 - Prescribes labeling requirements for plastic containers in interstate commerce to indicate the type of plastic resin used to produce the container. Imposes criminal penalties for violations.
United States · United States Congress · 3 January 1991
National Solid Waste Minimization Act - Declares as national goals: (1) no increase in the generation of solid waste over the level generated in the year of enactment of this Act; and (2) recycling of at least 25 percent of the municipal solid waste stream by the end of 1994 and 40 percent by the end of 2000. Requires the Administrator of the Environmental Protection Agency to report to the Congress annually on: (1) the amount and composition of municipal solid waste generated in the United States and the methods used to manage such waste; and (2) the progress made in achieving the source reduction and recycling goals of this Act, the impediments to the attainment of such goals, and recommendations on the regulatory or legislative initiatives necessary to attain such goals. Directs the Administrator to develop a list of categories of commonly used products and packaging which are discarded into the municipal solid waste stream. Requires the Administrator, with respect to each category, to determine: (1) the percentage of recovered materials used in the manufacture of products or packaging of each category; and (2) the percentage of products or packaging of each category that is recycled upon discard. Directs the Administrator to identify categories of products or packaging that shall be targeted for regulatory action. States that such regulatory action may include either or both of the following: (1) the required use of recovered materials in the product or packaging; or (2) a ban on the use of certain materials in the product or packaging. Directs the Administrator and the Secretary of Commerce to develop a voluntary system of packaging standards with respect to materials contained within the packaging and the recyclability of the packaging upon discard. Provides that packaging that meets such standards shall be eligible to use a label indicating compliance with the standards. Authorizes the Administrator to promulgate regulations to: (1) require any products or packaging that are recyclable to be so labeled; and (2) establish requirements for labels that indicate that a product or packaging is made of recycled materials or is recyclable. Requires the Administrator to report to the Congress on the costs and difficulties encountered by States and local communities in closing landfills.
United States · United States Congress · 3 January 1991
Directs the Administrator of the Environmental Protection Agency to develop a research program to: (1) assess the sources, amounts, composition, and disposal of infectious medical wastes; (2) determine the hazard to public health of such wastes; (3) compare incineration processes, autoclaving, and other disposal technologies; and (4) assess the status of U.S. medical waste management practices. Authorizes appropriations through FY 1995 to carry out this Act.
United States · United States Congress · 3 January 1991
Makes the Florida panther an endangered species for purposes of the Endangered Species Act of 1973.
United States · United States Congress · 3 January 1991
Groundwater Management and Water Quality Control Act of 1990 - Authorizes the Secretary of the Interior, acting through the Bureau of Reclamation, to provide technical and financial assistance through loans and grants to non-Federal organizations to implement projects to: (1) maintain groundwater pumping levels and prevent long-term overdraft of aquifers; (2) develop surface and groundwater conjunctive use facilities to conserve water that would otherwise be wasted; (3) prevent groundwater contamination from toxic spills and other pollution sources; (4) clean up and treat contaminated groundwater; (5) provide water to rural and municipal water supply systems; and (6) restore, create, and enhance wetlands and other environmental resources. Outlines terms and conditions for such assistance, which include a non-Federal cost share of at least 25 percent of the total allowable estimated cost of the project. Authorizes the Secretary to make grants for up to half of the costs of those portions of the project which are: (1) not revenue producing; (2) beneficial to the public; and (3) appropriate for Federal and other financial assistance. Authorizes the Secretary to approve such a project upon the concurrence of appropriate State officials and when the Secretary finds the project to be feasible and has assurance that any loan will be repaid. Authorizes the Secretary to negotiate a contract to implement such a project after its approval. Outlines contract requirements, including maximum loan and grant amounts, length of the loan period, and the applicable rate of interest. Makes an organization not meeting such requirements which proposes to implement a project having an economic value or revenue producing water function that meets Federal cost-benefit criteria eligible for grants under this Act. Subjects the planning and construction of any project under this Act to the Fish and Wildlife Coordination Act, the National Environmental Policy Act of 1969, and the Endangered Species Act of 1973. Provides for short-term emergency projects for relief of drought or water quality control problems. Requires all non-Federal project works and facilities constructed under this Act to remain under the jurisdiction and control of the local organization. Authorizes appropriations to carry out this Act and for emergency projects.
United States · United States Congress · 3 January 1991
Uranium Enrichment Reorganization Act - Amends the Atomic Energy Act of 1954 to establish the United States Uranium Enrichment Corporation as a wholly-owned Government corporation to conduct uranium marketing and enrichment activities as a commercial, profitable, self-financing enterprise. Provides for a Board of Directors appointed by the President with the advice and consent of the Senate. Prescribes guidelines for: (1) certain property transfers from the Department of Energy; and (2) the Corporation's capital structure, pricing policies, and user charges for decommissioning, decontamination, and remedial activities. Requires the Corporation to prepare an annual status report for the President and the Congress. Prescribes licensing and taxation guidelines for the Corporation. Sets guidelines for payments in lieu of taxes by the Corporation to States and local governments. Directs the Board to make recommendations to the President regarding the transfer of its functions and assets to private ownership. Declares that the Corporation's receipts, proceeds, and recoveries (including deposits in the Uranium Enrichment Decontamination and Decommissioning Fund) shall be available without fiscal year limitations and without further appropriations. Applies Federal environmental and occupational safety and health law to the Corporation as though it were privately owned. Establishes the Uranium Enrichment Decontamination and Decommissioning Fund to cover the Corporation's decommissioning and decontamination expenses.
United States · United States Congress · 3 January 1991
Beaches Environmental Assessment, Closure, and Health Act of 1991 - Amends the Federal Water Pollution Control Act to direct the Administrator of the Environmental Protection Agency (EPA) to issue water quality criteria for pathogens in coastal recreation waters. Requires States to adopt water quality standards for such waters consistent with such criteria. Directs the Administrator to promulgate standards for States that fail to do so. Requires the Administrator to publish regulations specifying methods to be used by States to monitor coastal recreation waters, during periods of use by the public, for compliance with standards. Directs States to notify local governments and the public of violations of water quality standards for coastal recreation waters. Requires the Administrator to: (1) issue guidance on uniform assessment and monitoring procedures for floatable materials in coastal recreation waters; and (2) specify the conditions under which the presence of floatable material constitutes a threat to public health and safety. Authorizes States to delegate responsibility for monitoring and posting of coastal recreation waters to local governments. Directs the Administrator to conduct an ongoing study and report to the Congress on additional information for developing better indicators for detecting the presence of harmful bacteria and viruses in coastal recreation waters. Requires State coastal zone management agencies to provide technical assistance to local governments to ensure that coastal recreation waters and beaches are as free as possible from floatable materials. Amends the Coastal Zone Management Act of 1972 to authorize grants to eligible coastal States for the reduction of floatable materials in coastal recreation waters. Permits the use of grants for the acquisition of beach and coastal recreation water clean-up equipment. Authorizes the Administrator to make grants to States to fulfill requirements under this Act. Limits the total amount of grants to States. Authorizes appropriations.
United States · United States Congress · 3 January 1991
Department of Environmental Protection Act - Redesignates the Environmental Protection Agency as the Department of Environmental Protection, an executive department to be administered by a Secretary of Environmental Protection appointed by the President, by and with the advice and consent of the Senate.
United States · United States Congress · 3 January 1991
Amends the Federal Water Pollution Control Act to require the Administrator of the Environmental Protection Agency to give priority consideration to the inclusion of the lower St. Johns River, Florida, in the National Estuary Program.
United States · United States Congress · 3 January 1991
Ground Water Safety Act of 1991 - Amends the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to require a pesticide registrant or reregistrant to submit information to the Administrator of the Environmental Protection Agency (EPA) regarding the pesticide's potential for groundwater leaching. Directs the Administrator, upon such registration, to determine a pesticide's leaching potential. Requires registrants, in the case of a positive leaching potential, to: (1) develop management practices to minimize such leaching; (2) disseminate such management information to applicators; and (3) conduct groundwater monitoring. Requires a registrant, upon detection of groundwater contamination, to notify EPA, the State, the owner of the property, and any other person(s) relying on the underground source for drinking water or household needs. States that if such contamination reaches or is likely to reach 25 percent of the EPA-established groundwater residue guidance level, the Administrator shall amend the registration to impose further restrictions on the pesticide's use. States that if contamination reaches 50 percent of the groundwater residue guidance level, the Administrator shall notify and provide relevant information to the affected State(s). Directs the Administrator, if an affected State fails to act, to prohibit the pesticide's use in the vicinity of the underground source of drinking water. Directs the Administrator to: (1) collect and make available to the public information on groundwater pesticide contamination; (2) provide technical assistance to States for groundwater protection programs; (3) conduct research activities to monitor the presence of pesticides in the unsaturated zone; and (4) enter into agreements with the Departments of Agriculture, Commerce, and the Interior to develop information systems for State and local officials, farmers, and applicators regarding soil, climate, and hydrology at specific pesticide use sites. Authorizes FY 1992 through 1996 appropriations. Requires States to develop and submit for EPA approval pesticide water pollution prevention programs. Authorizes: (1) the Administrator to provide financial assistance; and (2) FY 1992 through 1996 appropriations. Amends the Public Health Service Act to authorize the Administrator to issue groundwater residue guidance levels for FIFRA-registered pesticides. Amends the Clean Water Act to authorize FY 1992 through 1996 appropriations for EPA research in developing management practices to control pesticide contamination of surface and groundwaters.
United States · United States Congress · 3 January 1991
Amends the Solid Waste Disposal Act to authorize the Administrator of the Environmental Protection Agency to make grants to eligible groups of individuals who may be affected by the treatment, storage, or disposal of hazardous waste at a solid waste facility seeking a permit under such Act. Sets forth eligibility requirements. Permits such grants to be used for technical assistance to: (1) interpret information with regard to the nature of the hazardous waste to be managed at the facility; (2) interpret information concerning the potential threats to human health, the environment, and the economy posed by the facility; (3) interpret information regarding the suitability of the proposed site and the record of the permit applicant; and (4) prepare views for presentation at a public hearing on the issuance of the permit. Limits the amount of such grants. Requires grant recipients to contribute a specified percentage of the costs of the assistance. Waives the contribution requirement under certain circumstances.
United States · United States Congress · 3 January 1991
Amends the Solid Waste Disposal Act to require the Administrator of the Environmental Protection Agency, in determining whether to issue a permit for the treatment, storage, or disposal of hazardous waste, to investigate the applicant's record in owning or operating other hazardous waste facilities, including whether there have been past or pending proceedings against the applicant for violations of Federal or State laws in the operation of such facilities. Amends the Toxic Substances Control Act to set forth the same investigation requirement with respect to the issuance of permits for the construction of polychlorinated biphenyl incineration facilities.
United States · United States Congress · 3 January 1991
Solid Waste Transportation Act - Amends the Solid Waste Disposal Act to require each State to prepare a plan for the management of solid waste generated in the State. Specifies that such plan shall cover a 20-year period and require the State to: (1) identify the amount of solid waste by waste type that is expected to be generated in the State or accepted from another State for disposal in the next 20 years; (2) establish a process to assure the availability of facilities with adequate capacity to treat or dispose of such waste in a manner protective of human health and the environment; and (3) identify the volumes of waste planned to be reduced through source reduction and recycling. Authorizes such plan to include provisions for disposal outside the State of solid waste generated in the State only if the State determines that it does not have, and cannot develop within a reasonable period of time, the landfill or other capacity to handle the disposal of such waste in the State. Requires, in such case, that the plan provide for the establishment of such enforcement mechanisms as necessary to prevent the out-of-State disposal of waste in amounts in excess of those provided for in the plan. Requires States to submit such plans to the Administrator for approval. Specifies that, upon approval of a State plan, the State: (1) may not dispose waste outside of the State, or treat or dispose solid waste in the State, in a manner other than in accordance with such plan; and (2) shall establish a permit program and issue permits to facilities in compliance with such plan and State law. Prohibits the transportation of solid waste for treatment or disposal, following the establishment of a permit program, at any facility that has not been issued a permit. Authorizes any State that has an approved plan to restrict the acceptance of solid waste originating in other States, including a prohibition on medical waste, if such State justifies such restriction on the basis of lack of capacity to handle the disposal of solid waste generated in such State. Sets forth recordkeeping requirements. Authorizes the Environmental Protection Agency or a State to: (1) require any person who generates, transports, or handles solid waste to furnish information and grant access to all records relating to such waste; and (2) enter at reasonable times any solid waste facility and inspect and obtain samples of any such waste or any container or label for such waste. Sets penalties for States that fail to submit, or fail to have approved, a plan for solid waste disposal.
United States · United States Congress · 3 January 1991
Requires the President to transmit to the Congress annually a detailed and comprehensive written report on the National Energy and Environmental Strategy of the United States. Requires such report to be sufficiently detailed to assist the Congress in allocating funds to support all energy-related and environment-related policies, plans, and programs of the U.S. Government.
United States · United States Congress · 3 January 1991
Provides that in any case in which a Federal agency is found to be liable under the Comprehensive Environmental Response, Compensation, and Liability Act for a release or threatened release of a hazardous substance at a federally-owned site: (1) the agency shall pay the costs and damages with respect to such site; and (2) no potentially responsible party may be required to pay costs or damages until the agency has paid.
United States · United States Congress · 3 January 1991
Solid Waste Compact Act of 1989 - Amends the Resource Conservation and Recovery Act to require States to submit solid waste disposal plans to the Environmental Protection Agency (EPA) for approval. Authorizes States to enter into compacts to provide for the establishment and operation of regional solid waste disposal facilities. Prohibits a compact from restricting the use of such facilities to solid waste generated in the compact region before January 1, 1991, and before the Congress consents to such compact. Requires a compact to provide that every five years after such compact has taken effect the Congress may withdraw its consent. Directs EPA to: (1) identify alternative management programs for the control of solid waste and publish technical guidance regarding the implementation of such programs; and (2) publish information that a State or compact must provide to EPA, together with requirements for facilities, if such programs are pursued as alternatives to traditional solid waste management.
United States · United States Congress · 3 January 1991
Comprehensive Health Care for All Americans Act (Claude Pepper Comprehensive Health Care Act) - Division A: Comprehensive Health Care Act - Comprehensive Health Care Act - Title I: Universal Eligibility and Enrollment - Makes a U.S. resident who is a lawful resident alien or a U.S. citizen or national eligible to enroll in a health plan approved by the Comprehensive Health Care (CHC) program of the State in which he or she resides. Allows the National CHC Board to make classes of nonimmigrant aliens eligible for coverage. Makes the enrollment of Medicare (title XVIII of the Social Security Act) beneficiaries applicable only to benefits not covered by the Medicare program. Title II: Benefits and Providers - Lists the basic health services which health plans must provide, to which Federal funding will be limited, and which may not include items or services for which Medicare coverage is unavailable. Permits States or health plans to offer additional health care benefits. Prohibits private health insurance from duplicating basic health service coverage. Restricts limitations on the amount, duration, or scope of basic health services to be provided to enrollees. Makes Medicare provider standards applicable to providers of basic health services. Authorizes the National CHC Board to impose additional conditions on providers of high-risk, high-cost, elective, or over-utilized items or services. Title III: Financing - Sets forth the procedure for determining CHC program budgets and the formula for determining the Federal share of expenditures. Establishes a Health Security Partnership Fund for each State into which revenues to finance the CHC program shall be placed. Requires each State CHC program to make monthly payments to health plans equal to their adjusted average per capita costs for required services provided to each class of enrollee they serve. Requires providers to accept payment from health plans on an assigned basis. Directs the National CHC Board to develop financial incentives in payment methods to promote a continuum of care. Pays institutional providers pursuant to a biennial prospective budgeting system to be developed by each State. Pays physicians pursuant to payment schedules based on a national relative value scale to be developed by the National CHC Board, but allows alternative payment mechanisms if they are no more costly than the payment schedules. Makes CHC payment methodologies established in a State applicable to Medicare payments for services furnished in such State. Provides States with Federal funds for implementing their CHC programs. Limits the cost-sharing amounts health plans may charge enrollees. Bans the imposition of any cost-sharing requirements on individuals whose family income is less than 200 percent of the Federal poverty level. Establishes the Federal Long-Term Care Trust Fund from which Federal payments to States for long-term care benefits in the State shall be made. Title IV: Administration - Establishes a National CHC Board as an independent agency responsible for the overall administration of the Comprehensive Health Care Act. Directs each State to submit its CHC program to the National CHC Board for review of the program's compliance with specified requirements. Imposes sanctions against States whose program fails to meet such requirements and who fail to take corrective action within 90 days of a finding of noncompliance. Requires the National CHC Board to establish a National Commission on Quality to establish, evaluate, and update national minimum standards to assure the quality of CHC services and to monitor State CHC Boards' quality assurance efforts. Requires each State CHC Board to establish a State Commission on Quality to implement national minimum standards in each State. Directs the National CHC Board to establish a National Advisory Commission on Technology Assessment and Clinical Effectiveness to make recommendations related to the effectiveness of health care items and procedures, and the possible coverage of new drugs and technological procedures and discontinuance from coverage of inefficient procedures. Establishes a National Resources Equalization Fund to be administered by the National CHC Board and used to augment the capability of medically underdeveloped areas to provide CHC services and to strengthen their abilities to provide local services. Authorizes appropriations for such Fund. Title V: Effective Dates; Transition; Relation to Other Programs - Makes the CHC program applicable to health care services furnished during the third calendar year beginning after this Act's enactment. Authorizes appropriations for the planning and development of State CHC programs. Requires Federal Employee Health Benefit Plans to be CHC-approved. Establishes the CHC program's relationship to other health care programs, making the Medicare program the primary payor in the event of duplicative CHC program coverage and the Medicaid program (title XIX of the Social Security Act) inapplicable in States having an operative State CHC program. Division B: Life Care Long-Term Care Protection Act - Lifecare Long-Term Care Protection Act - Adds a new title to the Social Security Act: Lifecare Long-Term Care Protection Program. Requires Long-Term Care Screening Agencies to assess individuals' eligibility for home and community-based care and Long-Term Care Case Management Agencies to conduct comprehensive needs assessments of eligible individuals, develop plans of care for such individuals, review such plans at least once every three months, and maintain a registry of qualified providers of home and community-based and nursing home care to assist individuals in choosing qualified providers to carry out their care plan. Sets the method for determining State fund contributions. Requires that the family be treated as a partner in the provision of long-term care. Sets forth eligibility requirements for home and community-based care services, including requirements that the individual be: (1) 65 or older, under age 19, or eligible for benefits under part A (Hospital Insurance) of title XVIII (Medicare) of the Social Security Act as the result of a disability; and (2) dependent, cognitively impaired, or unable to perform daily living activities without assistance or supervision. Enumerates the criteria for receipt of respite care benefits. Lists those entities considered to be qualified service providers, including adult day health care centers certified by the State. Directs the Secretary of Health and Human Services (the Secretary) to make monthly payments to each case management agency equal to amounts allotted by the screening agency for eligible individuals in the case management agency's jurisdiction. Requires such agencies to make direct payments to qualified providers of home and community-based care which shall be accepted as payment in full for such services. Limits payments for home health and community-based care for the next three years to 65 percent of the average amount payable for Medicare nursing home care and, for subsequent years, to the costs of nursing home care minus the costs of room and board. Allots payments among individuals on the basis of severity of need with chronically ill individuals receiving amounts equivalent to Medicaid (title XIX of the Social Security Act) payments for institutional care. Establishes the Home and Community-Based Care Advisory Council to review and assist the Secretary in the implementation of home and community-based care. Requires States to establish quality assurance boards to monitor quality of care and a community advisory board for each case management agency. Establishes a home and community-based care consumers' bill of rights. Imposes quality assurance requirements on providers of such care, including the requirement that they implement consumer grievance review mechanisms, ensure that their employees and other providers whom they have under contract have received adequate training, and annually evaluate the care furnished by such employees and providers. Establishes certification procedures for a survey of home care agencies, home health agencies, and adult day care health centers to determine eligibility for participation in the program under this Act. Outlines reimbursement procedures. Provides, subject to certain limitations, for nursing facility services for up to six months for individuals who are eligible for home and community-based care services. Allows additional nursing home coverage if: (1) the individual has not been an inpatient for at least six consecutive months; (2) the diagnosis is different; or (3) there has been a substantial worsening of the individual's condition since the latest discharge. Directs the Secretary to establish an optional insurance program for individuals 45 and over to cover nursing home stays that exceed six months. Prescribes procedures for setting premium rates and requires annual rate revisions by the Secretary. States that the rates are expected to cover 45 percent of the estimated nursing home costs of stays exceeding six months. Covers a portion of a low-income individuals' premium and room and board costs. Requires the Secretary to give individuals the option of purchasing coverage of nursing home stays exceeding six months without regard to age. Requires the Secretary, to the extent feasible, to establish a prospective payment mechanism for payment of nursing home services that takes into account the expected resource utilization of the patient based on the degree of disability and other factors. Requires the making of grants to schools of nursing, social work, allied health, and public health of universities to develop training programs for the provision of home and community-based care and nursing home care for the elderly, the disabled, and chronically ill children, and in the administration of such programs. Authorizes appropriations. Requires that grants be made to State-approved programs to train individuals in the provision of home health aide services. Authorizes appropriations. Requires the making of grants to university schools of nursing to develop model consumer training programs regarding the delivery of home care services. Authorizes appropriations. Requires that grants or contracts be made to assist public and private nonprofit entities in meeting the costs of developing centers for multidisciplinary health planning development and assistance. Authorizes appropriations. Directs the Secretary to conduct demonstration projects to determine the relative effectiveness, cost, and impact on quality of long-term home care of using different models of providing and reimbursing long-term home care services for seriously mentally ill individuals and family caregivers. Authorizes appropriations from the Federal Hospital Insurance Trust Fund. Mandates demonstration projects on the feasibility of providing long-term home care benefits for working-age individuals with severe functional limitations. Directs the Secretary to make specified amounts available from such Fund. Division C: Grants to States for Establishment and Implementation of State Health Objectives Plans - Health Objectives 2000 Act - Amends the Public Health Service Act to authorize appropriations for allotments to States for developing and implementing a plan to develop and collect data on the public health needs and status of State residents. Requires the plan to provide, for FY 1993 and thereafter, for use of the allotments for additional purposes described in specified provisions relating to preventive health and health services block grants. Requires the State plan to contain, among other elements, a set of at least five State health objectives chosen from the National Health Priorities described by the Secretary under this Act. Directs the Secretary to establish: (1) the National Health Objectives Advisory Committee; (2) National Health Priorities (NHPs) to form the basis for all activities that receive assistance under this Act; (3) from the NHPs, a set of Core Priorities that shall be included in each State Plan; and (4) an estimate of the personnel and training needed to accomplish the NHPs. Directs the Secretary, from the amounts made available for allotments, to use: (1) a limited amount for the professional training of public health personnel; and (2) remaining amounts to assist research, pilot and demonstration projects, and programs the Secretary determines to show the potential impact of regional or national significance with respect to NHPs. Repeals specified provisions relating to preventive health and health services block grants. Division D: Independence for Older Americans - Independence for Older Americans Act - Title I: Geriatric Research and Training Centers - Amends the Public Health Service Act to modify the purposes, affiliations, and activities of Claude D. Pepper Older Americans Independence Centers (formerly centers of geriatric research and training). Title II: Availability of Information to Health Professionals, Older Americans, and the General Public - Directs the Secretary to prepare a comprehensive plan for a National Independence for Older Americans Information Program. Provides for the establishment of an information clearinghouse, a toll-free telephone communications system, and public information campaigns concerning the maintenance and improvement of the health and independence of older Americans. Authorizes appropriations to carry out this title. Title III: Prevention of and Recovery from Chronic Illness - Requires the National Institute on Aging to support research, and report to the Congress on the most effective: (1) techniques of geriatric assessment; (2) method of targeting comprehensive geriatric assessment to appropriate populations of older persons to determine their health care needs; and (3) means of providing for such needs to maximize health and independence. Directs the Secretary to develop: (1) model techniques to aid in the prevention and rehabilitation of older persons from frailty and other mobility problems; and (2) model curricula for the health professions for training in the use of such techniques. Authorizes the National Institute on Aging to establish up to five demonstration programs at Comprehensive Independence Research Training and Demonstration Centers to prevent the loss of mobility and to help frail older persons regain independence, using existing and experimental techniques. Directs the Secretary to conduct research on the extent to which falls are associated with the loss of an individual's confidence in functioning independently and his or her need for long-term care. Requires the Secretary to develop and report to the Congress on the development of: (1) model techniques to aid in the recovery and rehabilitation of older persons from chronic and debilitating illness; and (2) model curricula for the health professions for training in the use of such techniques. Authorizes appropriations to carry out this title. Title IV: Research on Health, Retirement, and Independence - Directs the Secretary to: (1) commence a ten-year health and retirement history survey; and (2) establish an advisory panel on data collection to review existing government surveys and census data to coordinate information on the health and retirement status of older Americans. Requires the National Center for Health Statistics to: (1) include persons age 75 and over in the National Health and Nutrition Examination Survey; (2) develop questions related to health promotion and disease prevention for older persons for inclusion in the National Health Interview Survey and the National Health and Nutrition Examination Survey; and (3) develop questions related to the health promotion and disease prevention practices of health care providers with special relevance to older persons for inclusion in the National Ambulatory Medical Care Survey. Directs the National Institute on Aging to request proposals from individual and team investigators on behavioral, social, and environmental mechanisms for promoting the health and independence of older Americans. Authorizes appropriations for carrying out this title. Title V: Authorization of Appropriations for NIH - Authorizes appropriations to be added to the National Institute on Aging and other institutes in proportion to their current spending levels on aging research. Division E: Authorization of Additional Funds for Research for AIDS, Hypertension, Sickle Cell Anemia, Infant Mortality, and Breast Cancer - Authorizes additional appropriations for research for acquired immune deficiency syndrome (AIDS), hypertension, sickle cell anemia, infant mortality, and breast cancer.
United States · United States Congress · 3 January 1991
Expresses the sense of the Congress that, in furtherance of the shared responsibility of the executive and legislative branches to oversee and develop energy efficiency and conservation policies, the Congress: (1) urges the President to convene a national energy summit including experts on the environment and energy from both governmental and private sectors; and (2) believes the National Energy Strategy being developed by the Department of Energy should be an important part of the discussion at the energy summit.