Environment

Tod von zwei sibirischen Tigerbabys im Zoo Schönbrunn

Austria · Federal Council · 20 November 1997

Anfrage der Bundesräte Dr. Peter Böhm und Genossen an den Bundesminister für wirtschaftliche Angelegenheiten betreffend Tod von zwei sibirischen Tigerbabys im Zoo Schönbrunn

fehlende Wasserrechtsbescheide für die Ennstal Straße

Austria · Federal Council · 20 November 1997

Anfrage der Bundesräte Erhard Meier und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend fehlende Wasserrechtsbescheide für die <i>B 146</i> Ennstal Straße zwischen Trautenfels und Liezen

Behandlung des Tierschutzes im EU-Marktordnungsausschuß

Austria · National Council · 19 November 1997

Schriftliche Anfrage der Abgeordneten Mag. Thomas Barmüller und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend Behandlung des Tierschutzes im EU-Marktordnungsausschuß

Communication from the Commission on environment and employment (Building a sustainable Europe)

European Union · European Commission · 18 November 1997

Transport von Hunden

Austria · National Council · 14 November 1997

Schriftliche Anfrage der Abgeordneten Maria Rauch-Kallat und Genossen an den Bundesminister für Wissenschaft und Verkehr betreffend den Transport von Hunden

Bundeskompetenz für die Haltung von Tieren in Zirkusunternehmen

Austria · National Council · 14 November 1997

Antrag der Abgeordneten MMag. Dr. Madeleine Petrovic und Genossen betreffend Bundeskompetenz für die Haltung von Tieren in Zirkusunternehmen

Schaffung von Arbeitplätzen durch die Förderung erneuerbarer Energieträger

Austria · National Council · 14 November 1997

Unselbständiger Entschließungsantrag der Abgeordneten Dipl.-Ing. Maximilian Hofmann und Genossen betreffend Reduzierung der CO₂-Emissionen bei gleichzeitiger Schaffung von Arbeitplätzen durch die Förderung erneuerbarer Energieträger

Nichtausgliederung des Umweltbundesamtes

Austria · National Council · 14 November 1997

Unselbständiger Entschließungsantrag der Abgeordneten Mag. Karl Schweitzer und Genossen betreffend Nichtausgliederung des Umweltbundesamtes

Änderung des Tiertransportgesetzes-Straße

Austria · National Council · 14 November 1997

Unselbständiger Entschließungsantrag der Abgeordneten Andreas Wabl und Genossen betreffend Einbringung einer Regierungsvorlage zur Änderung des Tiertransportgesetzes-Straße zur Sicherstellung der Strafbarkeit ausländischer Transporteure

EU-Veterinärrechtsanpassungsgesetz 1997

Austria · National Council · 13 November 1997

Bundesgesetz, mit dem das Tierseuchengesetz, das Bienenseuchengesetz, das Fleischuntersuchungsgesetz, das IBR/IPV-Gesetz und das Gesetz betreffend die allgemeine Einführung der Hundetaxe im Lande Vorarlberg geändert und das Gesetz betreffend die Abwehr und Tilgung der Lungenseuche der Rinder sowie das Gesetz betreffend die Abwehr und Tilgung der Rinderpest aufgehoben werden (EU-Veterinärrechtsanpassungsgesetz 1997)

PROTECT Act

United States · United States Congress · 13 November 1997

TABLE OF CONTENTS: Title I: National Tobacco Settlement Trust Fund Title II: National Protocol and Liability Provisions Subtitle A: National Tobacco Control Protocol Subtitle B: Consent Decrees Subtitle C: Liability Provisions Title III: Reduction in Underage Tobacco Use Subtitle A: State Laws Regarding the Sale of Tobacco Products to Minors Subtitle B: Required Reduction in Underage Usage Title IV: Health and Safety Regulation of Tobacco Products Title V: Payments to States and Public Health Programs Subtitle A: Payments to States Subtitle B: Public Health Programs Title VI: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title VII: Public Disclosure of Health Research Title VIII: Agricultural Transition Provisions Subtitle A: Tobacco Production Transition Subtitle B: Tobacco Price Support and Production Adjustment Programs Subtitle C: Funding Title IX: Miscellaneous Provisions Placing Restraints on Tobacco's Endangerment of Children and Teens Act - PROTECT Act - Sets national goals for reductions in tobacco product use by individuals under 18 years old. Title I: National Tobacco Settlement Trust Fund - Establishes the National Tobacco Settlement Trust Fund (Settlement Fund), to be composed of compensatory and punitive damage payments by participating manufacturers (manufacturers that enter into the Protocol under subtitle A of title II of this Act and that enter into a consent decree with each State that requests that the manufacturer enter into the Protocol). Transfers to the Settlement Fund, without further appropriation, amounts received under specified provisions of this Act. Mandates Settlement Fund expenditures, setting forth a table by years and categories of recipients. (Sec. 102) Requires participating manufacturers, in order to receive protections under title II of this Act, to pay licensing fees to the Settlement Fund in specified amounts over 25 years, with amounts adjusted for inflation and relative domestic sales volume. (Sec. 103) Establishes the Advisory Board to advise the Settlement Fund's Trustees in Settlement Fund administration. (Sec. 104) Imposes an initial monetary penalty for a manufacturer's failure to make timely fee payments. Title II: National Protocol and Liability Provisions - Subtitle A: National Tobacco Control Protocol - Chapter 1: Establishment - Requires each tobacco manufacturer, in order to receive liability protections provided in this title, to enter into a National Tobacco Control Protocol with the U.S. Attorney General, the chief executive officer of each State, and a representative of the members of the class certified for a specified class action. Requires participating manufacturers, in their contracts with distributors and retailers, to include a clause requiring compliance with the Protocol. Chapter 2: Terms and Conditions - Subchapter A: Protocol Restrictions on Advertising - Requires that this chapter be considered part of the Protocol. (Sec. 212) Prohibits tobacco product advertising: (1) outdoors; (2) in any arena or stadium where athletic, social, or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 213) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeal to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 214) Sets forth format and content requirements for labeling and advertising. (Sec. 215) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, social, or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Subchapter B: Provisions Relating to Lobbying - Regulates actions of lobbyists for tobacco product manufacturers. (Sec. 222) Requires tobacco manufacturers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations tobacco product manufacturers may form or participate in. Subchapter C: Other Provisions - Requires that participating manufacturers determine the percentage of licensing fees to be paid by each manufacturer and the manner of payment. (Sec. 227) Establishes an Arbitration panel to award attorney's fees and expenses relating to litigation resulting in whole or part in this Act. (Sec. 228) Provides for the treatment of Indian country. Chapter 3: Enforcement - Empowers the Attorney General (and the chief law enforcement officer of a State) to bring a civil action for Protocol enforcement. Allows restraining orders, specific performance, and civil monetary penalties. Requires use of Settlement Fund amounts for Federal enforcement activities. (Sec. 233) Empowers a participating manufacturer to: (1) seek a declaration of its Protocol rights and obligations; and (2) bring a civil action against another participating manufacturer to enforce the Protocol, subject to exception. Allows any participating manufacturer to intervene in any Federal or State enforcement proceeding. Subtitle B: Consent Decrees - Requires a State (to be eligible for payments under title V), a tobacco manufacturer (to be eligible for protections under subtitle C), and a representative of the class in a specified class action (to receive benefits under this Act) to enter into consent decrees under this paragraph. Sets forth matters with which the decrees must deal (including a waiver of Federal and State constitutional claims) and may not deal. Requires Attorney General approval in order for a decree to be valid. (Sec. 242) Empowers a State to bring proceedings for the enforcement of a decree, but only for injunctive (not criminal or monetary) relief. (Sec. 243) Imposes an annual fee on manufacturers that do not enter into a decree equal to the fees paid under section 102. Requires each nonparticipating manufacturer to annually deposit into an escrowed reserve fund 150 percent of the amount the manufacturer would have paid (if it was a Protocol participant) under section 102, to be used solely for tobacco-related liability payments. Subtitle C: Liability Provisions - Chapter 1: General Provisions - Sets forth definitions for this subtitle. Chapter 2: Immunity and Liability for Past Conduct - Declares that this chapter applies to the enforcement of all judgments and settlements regarding tobacco claims against participating manufacturers. Prohibits court enforcement of any judgment or settlement that is not final as of the effective date of this Act except in accordance with this chapter. (Sec. 256) Terminates pending health-related civil actions by State or local governments against a participating manufacturer. Grants participating manufacturers immunity from new civil actions by any Federal, State, or local governments for all health-related claims regarding tobacco use. Terminates pending, and grants immunity from new, class actions against participating manufacturers based on tobacco use, addiction, or dependence. Preserves all individual personal injury claims for tobacco use. (Sec. 257) Applies this section to all actions permitted under section 256 regarding a participating manufacturer for conduct before enactment of this Act. Prohibits punitive damages and devices to resolve cases other than as individual actions (without the consent of the defendant). Requires, as part of the Protocol, that all signatories agree to the joint sharing of any tobacco use civil liability. Makes participants not jointly and severally liable for damages involving nonparticipants and requires severing of actions involving both participating and nonparticipating manufacturers. Lists the permissible parties for actions under this section. Makes the development of any tobacco product that reduces injury or illness risk not admissible or discoverable. Sets an annual aggregate limit on judgment or settlement payments. Requires that participating manufacturers receive a credit, to be applied against the amount under section 102, for 80 percent of judgment or settlement amounts paid. Makes participating manufacturers responsible for all attorneys' fees and costs associated with being a defendant in an action to which this section applies. (Sec. 258) Applies certain provisions to all actions permitted under section 256 regarding a participating manufacturer for conduct after enactment of this Act. Prohibits third-party payor claims not based on subrogation from being commenced under this section. (Sec. 259) Declares that this title shall not apply to any manufacturer that is not a Protocol signatory and is at least 12 months delinquent in payments under section 102. (Sec. 261) Requires that a State, in order to receive funds under title V, have: (1) a law making sections 256 through 259 the law of the State and allowing any defendant in any related civil action a right of prompt interlocutory appeal to the State's highest court to enforce the law; and (2) withdrawn and dismissed with prejudice any claim required to be dismissed by the State under this chapter. Prohibits, in any State without such a law, maintaining (in State court) a tobacco claim that is otherwise maintainable under this chapter. (Sec. 262) Amends Federal judicial procedure provisions to prohibit removal of a civil action in State court under certain provisions of title I to Federal court except: (1) on agreement of all parties; or (2) by a manufacturer defendant when the action is being conducted in a manner inconsistent with provisions of title II. Title III: Reduction in Underage Tobacco Use - Subtitle A: State Laws Regarding the Sale of Tobacco Products to Minors - Tobacco Use by Minors Prevention Act - Requires a State, to be eligible for payments under title V, to have and enforce a law with the provisions of section 302. Allows State requests for waivers or modifications of model provisions. (Sec. 302) Sets forth the model State law, including: (1) prohibiting tobacco product distribution to minors; (2) prohibiting minors purchasing, possessing, or using tobacco products in public places (mandating parental notification of violation allegations); (3) regulating retail signage; (4) prohibiting sample distribution to individuals appearing to be under 18 years old without securing age proof; (5) prohibiting out-of-package distribution; (6) prohibiting display or storage affording customers direct access to packages; (7) mandating notification of retail tobacco employees of relevant requirements (imposing employer liability if the employer pays an employee's penalty); (8) mandating random unannounced inspections and allowing use of individuals under 18 to test compliance; (9) mandating separate licensure of each retail distribution place and a minimum annual license fee; (10) regulating the suspension, revocation, denial, and nonrenewal of licenses; and (11) not preempting other State or local provisions providing greater restrictions so long as they do not conflict with regulations under specified provisions of the Federal Food, Drug, and Cosmetic Act (FDCA). Subtitle B: Required Reduction in Underage Usage - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 313) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 315) Mandates a surcharge on manufacturers if the reduction has not been achieved. Sets dollar limits on total surcharges during a calendar year. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Mandates manufacturer license fee reductions if use reduction targets are exceeded. Title IV: Health and Safety Regulation of Tobacco Products - Amends the FDCA to add to the list of prohibited acts: (1) introducing into interstate commerce a tobacco product not in compliance with FDCA chapter IX (created below by this Act); or (2) the failure by a tobacco manufacturer to comply with any chapter IX requirement. Includes nicotine-containing tobacco products that do not comply with chapter IX in the definition of "drug." Adds references to tobacco products to provisions authorizing facility and vehicle inspections. Mandates establishment, by regulation, of tobacco product health risk standards. Requires that the standards: (1) include provisions designed to reduce overall health risks for both users and nonusers; (2) comply with regulations specifying health risk assessment testing procedures; and (3) limit the amount of tar in a cigarette. Requires manufacturers (beginning five years after enactment of this Act) to annually submit a health risk assessment for each substance (other than tobacco or water) for each tobacco brand. Mandates regulations to prohibit any substance for which no health risk assessment has been submitted as required. Requires each manufacturer to annually provide the Secretary with a list of ingredients and nicotine. Provides for confidentiality, allowing the Secretary to require disclosure of any ingredient if disclosure is in the interest of public health. Allows adoption of a health risk management standard requiring: (1) the modification of a tobacco product to reduce or eliminate nicotine or other harmful substances; or (2) prohibition of a tobacco product. Requires congressional review and allows its disapproval of any tobacco product health risk standard. Makes a standard prohibiting a class of products effective only on adoption of a joint resolution of approval. Declares that a tobacco product cannot be considered in violation of prohibited act provisions while it is in compliance with a health risk standard. Mandates regulations requiring conformance with tobacco product current good manufacturing practice, including requiring: (1) all tobacco product manufacturers to register with the Secretary; and (2) the development of and adherence to pesticide chemical residues tolerances (to apply only if necessary to prevent the residues from being injurious to health when used in tobacco products). Allows exemptions and variances, establishing the Tobacco Product Requirements Waiver Board to advise the Secretary. Prohibits regulations under this provision from having the effect of placing regulatory burdens on tobacco producers in excess of the burdens generally placed on other agricultural commodity producers. Mandates certain warnings on cigarette and smokeless tobacco labels and advertising. Prohibits cigarette, little cigar, and smokeless tobacco advertising on any electronic medium subject to Federal Communications Commission regulation. Mandates certain intended use statements on cigarette and smokeless tobacco advertising. Requires regulations requiring public disclosure of the common or usual name of each tobacco product ingredient, subject to exception. Exempts cigarettes and smokeless tobacco manufactured, imported, or packaged for export. Deems tobacco products in violation of this chapter if their labeling or manufacturer claims imply reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Secretary (after securing intellectual property protections) of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Secretary, on determining that the manufacture of a less hazardous product is technologically and commercially feasible, to require disclosure of the technology's existence, prohibit use of the superseded technology, and require that manufacturers cease manufacturing and marketing tobacco products not incorporating the technology. Prohibits retail tobacco product distribution to any individual under 18 years old. Requires photo identification for anyone under 27. Requires retailers to keep tobacco in areas where customers to not have product access. Allows sale only in a direct, face-to-face exchange. Prohibits out-of-package distribution. Requires removal of retail tobacco-related self-service displays, advertising, labeling, and other items not complying with the requirements of this paragraph. Sets minimum cigarette package size at 20 cigarettes. Prohibits sample distribution. Prohibits vending machine and other self-service sales, subject to exception. Establishes the Tobacco Products Scientific Advisory Committee to assist the Secretary in establishing, amending, or revoking regulations under specified provisions. Prohibits State or local requirements conflicting with specified provisions of this Act. (Sec. 402) Declares that this title supersedes cigarette provisions of the Cigarette Labeling and Advertising Act. Repeals the Comprehensive Smokeless Tobacco Health Education Act of 1986. (Sec. 403) Mandates a tobacco licensing program to be applied to entities that sell or distribute tobacco products on military installations, in U.S. embassies, in any facility owned and operated by the Government, in any duty-free shop in the United States, or through any other Federal entity or on any other Federal property. Requires the program to apply requirements similar to those implemented by States under this subtitle. Treats an Indian tribe or tribal organization as a State for applying and enforcing this subtitle's provisions regarding entities that distribute tobacco products on Indian reservations. Title V: Payments to States and Public Health Programs - Subtitle A: Payments to States - Requires use of Settlement Fund amounts to reimburse States for amounts expended by the States for the treatment of individuals with tobacco-related illnesses or conditions. Sets forth the percentage for each State. Allows a State to use the amounts as it determines appropriate, except for the amount equal to that State's Federal medical assistance percentage under title XIX (Medicaid) of the Social Security Act. (Sec. 502) Requires a State, in order to receive payments, to prepare a plan regarding use of the funds for anti-tobacco and anti-smoking programs, deeming plans approved unless disapproved by Settlement Fund Trustees. Subtitle B: Public Health Programs - Establishes the National Institutes of Health Trust Fund for Health Research (Research Fund), appropriating amounts described in specified provisions to it each fiscal year. Sets forth the portions of Research Fund amounts to be used for specified purposes. Requires the Director of the National Institutes of Health (NIH) to annually submit to the Secretary and appropriate congressional committees a National Tobacco Research Agenda. Excludes Research Fund amounts from, and prohibits taking them into account, for purposes of any budget enforcement procedure under the Congressional Budget Act of 1974 of the Balanced Budget and Emergency Deficit Control Act of 1985. (Sec. 522) Mandates a national anti-tobacco program to discourage beginning use of tobacco and other substances of abuse and assist cessation, including: (1) development of model public education curricula and materials regarding tobacco use health risks; (2) action to inform tobacco users of effective therapies; (3) a mass media campaign designed to counter the effects of manufacturer marketing; and (4) a model smoking cessation program for State use. Authorizes grants and contracts. Mandates block grants to States for tobacco use prevention and cessation activities. Title VI: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. Sets forth special rules for facilities serving children. (Sec. 603) Declares that this title does not preempt any Federal, State, or local law providing protections from environmental tobacco smoke equal to or greater than under this title. Title VII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, to receive certain liability protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Allows the Attorney General or a State's chief law enforcement officer to bring an enforcement action. Mandates civil monetary penalties for violations. Title VIII: Agricultural Transition Provisions - Tobacco Transition Act - Subtitle A: Tobacco Production Transition - Chapter 1 - Tobacco Transition Contracts - Establishes a Tobacco Transition Account (Account) to provide tobacco buyout and transition payments. Terminates the Account as of a specified date. (Sec. 812) Directs the Secretary of Agriculture (Secretary) to offer to enter into transition contracts with tobacco owners and producers. Sets forth contract terms. (Sec. 815) Directs the Secretary to make temporary transition payments to certain quota tobacco producers. (Sec. 816) Sets forth group eligibility requirements under a tobacco worker transition program for those workers for whom the national tobacco settlement has contributed importantly to job separation or threat of separation. Includes in program assistance employment and training, readjustment allowances, and job search and relocation allowances. Prohibits assistance for persons receiving buyout assistance. Obligates specified funds. Sets forth program termination provisions. (Sec. 817) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Transfers specified amounts from the Account for such program. Chapter 2 - Rural Economic Assistance Block Grants - Directs the Secretary to use Account funds for a temporary program of rural economic assistance block grants to States with tobacco-dependent areas. Subtitle B: Tobacco Price Support and Production Adjustment Programs - Chapter 1 - Tobacco Price Support Program - Amends the Agricultural Act of 1949 with respect to tobacco to: (1) revise and extend price supports at reduced levels; (2) require each producer marketing association providing price supports to establish a No Net Cost Tobacco Fund; (3) authorize the Secretary to carry out the price support program through association loans to producers; and (4) terminate existing price support and no net cost provisions. Chapter 2 - Tobacco Production Adjustment Programs - Amends the Agricultural Adjustment Act of 1938 to terminate specified tobacco adjustment programs. Subtitle C: Funding - Directs the Secretary to provide for the transfer of specified funds from the Account to the Commodity Credit Corporation for activities under this Act. Terminates such authority as of a specified date. Title IX: Miscellaneous Provisions - Declares that the provisions of this Act shall apply to the manufacture, distribution, and sale of tobacco products within Indian country and to Indian tribes, with exceptions for religious practices. Requires the Secretary to promulgate regulations to waive requirements of the Federal Food, Drug, and Cosmetic Act with respect to tobacco products manufactured, distributed, or sold within Indian country as appropriate to comply with such requirement. Provides for the treatment of tribes under various provisions of this Act. (Sec. 902) Sets forth whistleblower and antitrust provisions.

Long Island Sound Preservation and Protection Act of 1997

United States · United States Congress · 13 November 1997

Long Island Sound Preservation and Protection Act of 1997 - Amends the Marine Protection, Research, and Sanctuaries Act of 1972 to prohibit the dumping in Long Island Sound or Block Island Sound of dredged material exceeding 25,000 cubic yards from any Federal or non-Federal project that contains any of the constituents prohibited as other than trace contaminants (as defined by certain Federal ocean dumping criteria set forth in the Code of Federal Regulations), except where it is demonstrated to and certified by the Administrator of the Environmental Protection Agency that such dumping will not cause significant undesirable effects, including the threat associated with bioaccumulation of such constituents in marine organisms. Requires any dumping of dredged material in Long Island Sound or Block Island Sound from a Federal project pursuant to Federal authorization, or by a non-Federal applicant, exceeding 25,000 cubic yards, to comply with specified criteria under the Act relating the effects of dumping.

Environmental Policy and Conflict Resolution Act of 1997

United States · United States Congress · 13 November 1997

Environmental Policy and Conflict Resolution Act of 1997 - Amends the Morris K. Udall Scholarship and Excellence in National Environmental and Native American Public Policy Act of 1992 to include on the Board of Trustees of the Morris K. Udall Scholarship and Excellence in National Environmental Policy Foundation the chairperson of the President's Council on Environmental Quality. Revises the purposes and authority of the Foundation to include establishment of the United States Institute for Environmental Conflict Resolution to assist the Government in implementing environmental assessment provisions of the National Environmental Policy Act of 1969. Establishes the Environmental Dispute Resolution Fund in the Treasury for the establishment and operation of the Institute. Establishes procedures for use by a Federal agency of the Foundation and the Institute to provide assessment, mediation, or related services in connection with a dispute or conflict related to the environment, public lands, or natural resources. Authorizes appropriations to the Fund for capitalization and operation costs.

Less Pollution Through Technology Act of 1997

United States · United States Congress · 13 November 1997

Less Pollution Through Technology Act of 1997 - Directs the Administrator of the Environmental Protection Agency (EPA) to establish and implement a performance-based measurement system to facilitate the use of new environmental monitoring technologies, particularly monitoring required to demonstrate compliance with laws and regulations. Deems existing analytical methods to be acceptable to the Administrator until determined otherwise. Deems performance-based measurement systems to be equivalent to existing EPA analytical methods for purposes of compliance with environmental statutes and regulations. Requires the Administrator to establish a Performance-Based Measurement System Advisory Committee. Directs the Administrator to submit a plan to establish a performance-based measurement system approval process to the Congress.

Fall "Franz Soriat"

Austria · National Council · 12 November 1997

Schriftliche Anfrage der Abgeordneten Hermann Böhacker und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Fall "Franz Soriat" <i>(Kosten für Altlastensanierung nach Verpachtung eines</i> <i>Grundstückes)</i>

Förderung im Bereich Energie

Austria · National Council · 12 November 1997

Unselbständiger Entschließungsantrag der Abgeordneten Dipl.-Ing. Maximilian Hofmann und Genossen betreffend Herstellung eines Gleichklanges unter EU-Mitgliedstaaten hinsichtlich der Einspeisetarife für Strom aus erneuerbarer Energie sowie Ermöglichung eines freien Netzzuganges

Fehlentwicklungen bei der Neuorganisation der E-Wirtschaft

Austria · National Council · 12 November 1997

Unselbständiger Entschließungsantrag der Abgeordneten Dipl.-Ing. Maximilian Hofmann und Genossen betreffend die sich abzeichnenden Fehlentwicklungen bei der Neuorganisation der E-Wirtschaft sowie die Fehlentwicklung des österreichischen Strommarktes durch die Kürzung der Förderungen im Bereich Energie

Tiertransportgesetz-Eisenbahn - TGEisb

Austria · National Council · 12 November 1997

Bundesgesetz über den Transport von Tieren auf der Eisenbahn (Tiertransportgesetz-Eisenbahn - TGEisb)

Healthy and Smoke Free Children Act

United States · United States Congress · 12 November 1997

TABLE OF CONTENTS: Title I: Amendments to the Public Health Service Act Relating to Tobacco Title II: FDA Jurisdiction Over Tobacco Products Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Tobacco Market Transition Assistance Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments Subtitle B: No Net Cost Tobacco Program Subtitle C: Tobacco Community Empowerment Block Grants Title V: Miscellaneous Provisions Healthy and Smoke Free Children Act - Title I: Amendments to the Public Health Service Act Relating to Tobacco - Amends the Public Health Service Act to mandate payments to States for the States' expenses for treating tobacco-related illnesses or conditions and for services for children. Makes certain amounts available for specified activities under this Act and its amendments, including: (1) the costs associated with Food and Drug Administration tobacco-related activities; (2) national biomedical and basic scientific research activities and child development and research activities; and (3) assistance and compensation to individuals with tobacco-related illnesses and conditions. Establishes the National Biomedical and Basic Scientific Research Board to make grants and contracts for the expansion of basic and biomedical research and to provide graduate training in that research. Mandates grants or contracts for the conduct and support of research, training, and demonstration projects regarding child health and development. Mandates, to discourage individuals from using tobacco products and to assist quitting: (1) research on methods, drugs, and devices; (2) programs to reduce tobacco use through education, prevention, and cessation campaigns; and (3) programs through the Centers for Disease Control and Prevention. Mandates block grants to States for tobacco use reduction and education activities. Requires a Federal model smoking cessation program and Federal regulations regarding approval of cessation programs and devices. Includes in the allowed uses of block grants activities for the transitional sponsorship of certain activities. Mandates an annual survey on children's tobacco use. Requires each tobacco manufacturer to reduce the number of children using its products by specified percentages in specified years. Imposes a per-unit fee for failing to meet targets. Mandates regulations: (1) prohibiting the sale of tobacco product single packs in cases of repeated noncompliance; and (2) requiring generic packaging in cases of severe repeated noncompliance. Requires fee amounts to be made available: (1) to the National Biomedical and Basic Scientific Research Board for research, training, and demonstration project grants; (2) for healthy child development grants; and (3) for reduction and addiction prevention research grants and grants under the national tobacco usage reduction and education program. Prohibits reprisals against whistleblower employees of tobacco manufacturers, distributors, and retailers. Establishes the National Tobacco Document Depository, requiring that it be open to the public and maintained as a resource for individuals interested in the manufacturers' corporate records and research. Requires manufacturers, the Tobacco Institute, and the Council for Tobacco Research, U.S.A., to provide specified Depository contents. Directs the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Establishes the Tobacco Oversight and Compliance Board to monitor tobacco industry compliance with this Act. Mandates manufacturer submission and Board disclosure of documents: (1) relating to tobacco health effects (including addiction), manipulation or control of nicotine, or the sale or marketing of tobacco products to children; or (2) produced or ordered to be produced by the manufacturer in State of Minnesota v. Philip Morris, Inc. Title II: FDA Jurisdiction Over Tobacco Products - Declares that the Secretary of Health and Human Services, through the Food and Drug Administration, shall have the authority under the Federal Food, Drug, and Cosmetic Act (FDCA) to regulate the manufacture, labeling, sale, distribution, and advertising of tobacco products. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definitions of "drug" and "device." Deems tobacco misbranded if it violates the FDCA or its regulations. Requires that tobacco products be classified as Class II devices. Prohibits the Secretary from prohibiting tobacco products under specified provisions. Sets forth tobacco product performance standard requirements. Declares that a tobacco product is a restricted device. (Sec. 204) Establishes the Scientific Advisory Committee to assist the Secretary regarding a performance standard. Allows a standard involving the reduction or elimination of nicotine, other constituents, or harmful components. Mandates regulations: (1) for the testing, reporting, and disclosure of smoke constituents; and (2) limiting cigarette tar. Deems tobacco products misbranded if there are claims (not scientifically proven) of reduced health risk. Requires manufacturers to: (1) notify the Commissioner of Food and Drugs of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Allows the Commissioner, on determining the technology feasible, to require manufacturers to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates annual disclosure to the Secretary of tobacco product ingredients (including added substances and nicotine). Requires ingredient safety assessments and prohibits inclusion of current ingredients with disapproved assessments and new ingredients without approved assessments. Provides for public disclosure. Mandates specified warnings on packaging and in advertising of cigarettes and smokeless tobacco products. Declares that this paragraph does not relieve any person from liability at common law or under State statutory law. Exempts exports from warning requirements. Requires specified use statements on cigarettes and smokeless tobacco describing the product as a nicotine delivery device for persons 18 or older. Allows State and local governments to impose additional controls to limit tobacco use by minors. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except portions of a building used as a bar, tobacco merchant, designated smoking hotel room, or prison)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Title IV: Tobacco Market Transition Assistance - Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments - Directs the Secretary of Agriculture to offer to enter into: (1) a buyout contract with the owner of a tobacco basic marketing quota; (2) a producer transition payment contract with producers of quota tobacco that were quota lessees or quota tenants; and (3) a producer nonquota transition payment contract with producers of nonquota tobacco. Requires the contracting quota owners to permanently relinquish the quota and producers (quota and non-quota) to permanently refrain from growing tobacco for which a quota program is in effect. Subtitle B: No Net Cost Tobacco Program - Amends the Agricultural Act of 1949 to extend the termination date of a requirement that producers, purchasers, and importers of tobacco for which price support is available pay a nonrefundable marketing assessment to the Commodity Credit Corporation. Requires that payment amounts be sufficient to cover the costs of the administration of certain tobacco quota and price support programs. Subtitle C: Tobacco Community Empowerment Block Grants - Mandates grants to tobacco States to enable the States to: (1) empower tobacco producers and tobacco manufacturing workers by providing economic alternatives to tobacco; and (2) carry out non-tobacco economic development initiatives in tobacco communities. Title V: Miscellaneous Provisions - Declares that it is the sense of the Senate that: (1) the Congress should increase excise taxes on tobacco products; (2) the tax should be indexed; and (3) the tax should not be deductible.

Einsparungspotential im Bundesministerium für Umwelt, Jugend und Familie

Austria · National Council · 11 November 1997

Schriftliche Anfrage der Abgeordneten Edith Haller und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Einsparungspotential im Bundesministerium für Umwelt, Jugend und Familie

Ausstattung von Tankstellen mit Gaspendelleitungen

Austria · National Council · 11 November 1997

Schriftliche Anfrage der Abgeordneten Dipl.-Ing. Dr. Peter Keppelmüller und Genossen an den Bundesminister für wirtschaftliche Angelegenheiten betreffend Ausstattung von Tankstellen mit Gaspendelleitungen <i>(zur Verringerung der Kohlenwasserstoffimmissionen)</i>

Effizienz von Umweltvereinbarungen

Austria · National Council · 11 November 1997

Schriftliche Anfrage der Abgeordneten Dipl.-Ing. Dr. Peter Keppelmüller und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend die Effizienz von Umweltvereinbarungen

NAFTA Accountability Act

United States · United States Congress · 10 November 1997

NAFTA Accountability Act - Requires assessment of the impact of the North American Free Trade Agreement (NAFTA), renegotiation of certain NAFTA provisions, and withdrawal from NAFTA unless specified conditions are met and certified to. Sets forth conditions for continuing U.S. participation in NAFTA, which must be met before the end of 1998. Requires certifications by certain U.S. officials with respect to NAFTA, relating to: (1) overall trade balance between each NAFTA Party (United States, Canada, and Mexico) (by the Secretary of Commerce); (2) currency values (by the Secretary of the Treasury); (3) gains in U.S. jobs and living standards (by the Secretary of Labor); (4) health and environmental standards, with respect to food imports and to U.S.-Mexico border areas (by the Secretary of Agriculture, the Administrator of the Food and Drug Administration, and the Administrator of the Environmental Protection Agency); (5) flow of illegal drugs from Mexico and Canada (by the Attorney General); (6) NAFTA Party democracy and human freedoms (by the President); (7) U.S. agriculture (by the Secretary of Agriculture); and (8) compliance with U.S. transportation safety standards by Mexican commercial trucks or buses coming into the United States (by the Secretary of Transportation). Requires the President to renegotiate, in specified ways, the terms of NAFTA to: (1) correct trade deficits, currency distortions, loss of U.S. jobs, and agricultural tariff and quota provisions; and (2) ensure the safety of the public health and the environment, provide effective drug interdiction, and ensure compliance with certain U.S. transportation standards. Directs the President to consult regularly with the Congress regarding such renegotiations and certifications. Directs the U.S. Trade Representative to consult with appropriate congressional committees in developing technical and conforming amendments that may be required to carry out this Act. Expresses the sense of the Congress that until the conditions set by this Act are met: (1) the President should not engage in negotiations to expand NAFTA to include other countries; and (2) fast-track authority should not be renewed with respect to the approval of any such NAFTA expansion.

Dakota Water Resources Act of 1997

United States · United States Congress · 10 November 1997

Dakota Water Resources Act of 1997 - Amends Federal provisions relating to the Garrison water diversion unit, North Dakota (part of the Missouri River Basin Project), to include within the authorized purposes of such unit the development of municipal, rural, and industrial water systems, groundwater recharge, augmented stream flows, irrigation, and enhanced fish and wildlife habitat and other natural resources. (Currently, only irrigation is authorized.) Authorizes the State of North Dakota (currently, only the Secretary of the Interior) to plan and construct within North Dakota a multipurpose water resource development irrigation project. Makes nonreimbursable all features constructed by the Secretary before the enactment of this Act. Directs the Secretary to enter into an agreement with North Dakota for the operation and maintenance of the completed unit facilities and the design and construction by the State of new unit facilities. Makes the Secretary responsible for mitigation and enhancement measures associated with features so constructed. (Sec. 3) Repeals a provision prohibiting the Secretary from altering the status of Sheyenne Lake National Wildlife Refuge prior to the completion of construction of Lonetree Dam and Reservoir. (Sec. 4) Excludes certain areas in North Dakota within which the Secretary is authorized to develop irrigation facilities. (Sec. 5) Prohibits irrigation costs from resulting in any reallocation of project costs or increased rates to Pick-Sloan Missouri Basin customers. (Sec. 6) Revises provisions authorizing the construction of municipal, rural, and industrial water systems in North Dakota to: (1) reduce from 25 to 15 percent the non-Federal share of construction costs; (2) authorize the State to use Federal and non-Federal funds for grants or loans for such systems; (3) make additional projects eligible for such funding; (4) direct the Secretary and the State to jointly submit to the Congress a report on the comprehensive water quality and quantity needs of the Red River Valley and the options for meeting those needs; (5) direct the Secretary to prepare and complete a draft environmental impact statement with respect to such needs; (6) direct the State to select one or more options for meeting such needs; (7) authorize the State to develop and implement a State water conservation program; and (8) make nonreimbursable the cost of certain water system features constructed on the Missouri River by the Secretary of the Army before the enactment of this Act. (Sec. 7) Authorizes and directs the Secretary to construct a feature or features to deliver water to the Sheyenne River water supply and release facility or such other feature(s) as selected by the State. Deauthorizes the Lonetree Dam and Reservoir. Authorizes and directs the Secretary to contract with the State for the operation and maintenance of the Lonetree wildlife conservation area. (Sec. 8) Prohibits authorized Federal funds from being used to subsidize the irrigation of any crop at the Oakes Test Area after one year after the enactment of this Act. (Sec. 9) Authorizes additional appropriations to carry out provisions added by this Act. (Sec. 10) Renames the Wetlands Trust (as established under the prior Federal provisions) the Natural Resources Trust and provides additional Federal contributions to such Trust. (Sec. 11) Directs the Secretary to cause to be performed a review of the options for bank stabilization of the Missouri River downstream of the Garrison Dam in North Dakota.

Equity and Public Involvement in Superfund Act of 1997

United States · United States Congress · 9 November 1997

TABLE OF CONTENTS: Title I: Enhanced Community Participation Title II: Liability Equity and Public Involvement in Superfund Act of 1997 - Title I: Enhanced Community Participation - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to define: (1) "affected community" as a group of two or more individuals who may be affected by the release or threatened release of a hazardous substance, pollutant, or contaminant from a covered facility; and (2) "covered facility" as a facility listed or proposed for listing on the National Priorities List (NPL) at which the President is undertaking a removal action expected to exceed one year or a specified funding limit or with respect to which the Administrator of the Agency for Toxic Substances and Disease Registry has accepted a petition requesting a health assessment and that is under investigation by the Administrator (Administrator) of the Environmental Protection Agency (EPA). (Sec. 102) Requires the President to make all records in the administrative record, with stated exceptions, available to an affected community throughout all phases of a response action. (Sec. 103) Sets forth requirements for expanded public participation in the response action process. Authorizes a member of a local community to propose a remedial action alternative in the same manner as any other interested party. Directs the President to assist in the establishment of a community advisory group for a covered facility to achieve direct and meaningful communication among community members throughout the response action process if: (1) requested by a specified amount of residents of the area in which the facility is located or of any local government; or (2) such group would achieve the purposes of this Act. Requires the President to consult with the group in developing and implementing the response action for a covered facility. Directs the President to ensure that the membership of such group reflects the composition of the affected community and a diversity of interests. Authorizes the President to make technical assistance grants to affected communities (including community advisory groups) for use in: (1) interpreting information and presenting recipient views with regard to a response action; (2) disseminating information to other members of the local community; or (3) providing funding for training to enable citizens to participate more effectively in the response process. (Sec. 104) Permits States or Indian tribes with NPL facilities within their borders or reservation boundaries, respectively, to establish waste site information offices funded by EPA grants. Requires the Administrator to establish such an office within EPA for States or Indian tribes that fail to do so. Requires such offices to inform the public of opportunities to participate under CERCLA and to serve as clearinghouses of information on waste, hazardous substances, covered facilities, and technical assistance. (Sec. 105) Directs the Administrator to conduct a program to assist in the recruitment and training of individuals in an affected community for employment in response actions. Requires the Administrator to solicit the assistance of the waste site information office in identifying three facilities in the area covered by each EPA regional office in major urban areas or other areas with minority and low-income populations that are likely to warrant inclusion on the NPL. Accords such facilities a priority in evaluation for NPL listing and scoring. Title II: Liability - Provides exemptions from liability under CERCLA for: (1) certain owners or operators of real property contiguous to a facility at which there has been a release or a threatened release; (2) pre-July 1997 acts if liability is based solely on arranging for disposal, treatment, or transport of, or accepting, hazardous substances and the total of materials containing such substances did not exceed a specified amount; and (3) certain owners, operators, or lessees of residential property, businesses with fewer than 100 employees, or small nonprofit organizations whose liability is based on arrangement or acceptance provisions with respect to municipal solid waste (MSW). Makes municipalities currently liable for response costs on the basis of ownership or operation of a municipal landfill listed on the NPL on or before January 1, 1997, eligible for settlements. Limits liability to 20 percent of total response costs, but authorizes the President to increase such percentage to up to 35 percent under certain conditions. Authorizes the President to require such municipalities to perform or participate in response actions at the facility. Considers two or more municipalities that jointly own or operate a facility to be single owners for purposes of calculating settlement offers. Terminates liability limitations two years after this Act's enactment date unless a municipality participates in a qualified household hazardous waste collection program. Makes persons who commence actions for recovery or contribution of response costs against non-liable persons or those who have entered into expedited settlement agreements liable to the defendant for all reasonable defense costs. (Sec. 202) Adds to the list of parties eligible for expedited final settlements: (1) persons whose liability is based on arranging for disposal, treatment, transport of, or on accepting, MSW or municipal sewage sludge at an NPL facility; and (2) persons, small businesses, or municipalities who demonstrate an inability or limited ability to pay response costs. Revises conditions of eligibility for such settlements for de minimis parties. Makes municipalities that arranged for disposal, treatment, or transport of, or that accepted, such waste or sludge that are also liable as owners or operators eligible for expedited settlements as well. Establishes a moratorium on litigation for recovery or contribution of response costs from any person eligible for an expedited settlement within a specified time frame. Authorizes the President to require, as a condition of expedited settlements or settlements with municipalities with respect to NPL landfills described under this Act, that a potentially responsible party waive some or all of the claims that the party may have against other potentially responsible parties for all response costs incurred at the facility.

Fort Stanton and Rio Bonito Corridor Vegetation Management Act

United States · United States Congress · 9 November 1997

Fort Stanton and Rio Bonito Corridor Vegetation Management Act - Authorizes the Secretary of the Interior, in managing land within Fort Stanton and the Rio Bonito Corridor that is under the Secretary's jurisdiction, to solicit competitive bids for and enter into vegetation sales contracts for the purpose of using livestock grazing as a vegetation management tool. Ratifies any such contracts entered into with respect to the land before the date of this Act's enactment. Requires management of Fort Stanton and the Rio Bonito Corridor to be consistent with any applicable land and resource management plan under the Federal Land Policy and Management Act of 1976. Directs that, of the proceeds of such vegetation sales contracts: (1) 12.5 percent be paid to the State of New Mexico for distribution to Lincoln County, New Mexico, for purposes authorized by the Act of June 28, 1934 (Taylor Grazing Act); (2) 12.5 percent be deposited in the general fund of the Treasury; and (3) 75 percent be deposited in a special Treasury account for use in managing Fort Stanton and the Rio Bonito Corridor and to achieve the management goals and prescriptions identified in applicable resource management plans for the Rio Bonito acquired lands and the Fort Stanton area of critical environmental concern, but not for land acquisition.

Superfund Reform Act

United States · United States Congress · 9 November 1997

TABLE OF CONTENTS: Title I: Remedy Selection Title II: Liability Title III: Brownfields Title IV: Natural Resource Damages Title V: State Role Title VI: Federal Facilities Title VII: Community Participation Title VIII: Miscellaneous Title IX: Funding Subtitle A: Expenditures From the Hazardous Substance Superfund Subtitle B: 5-Year Extension of Hazardous Substance Superfund Superfund Reform Act - Title I: Remedy Selection - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to revise remedy selection provisions. Requires final remedies for nonthreshold carcinogens to limit cumulative, lifetime additional cancer risk from exposure to hazardous substances from releases at the facility concerned to within the range of one in 10,000 to one in 1 million for the affected population or subpopulation. Requires exposure assessments to be consistent with the current and reasonably anticipated uses of land, water, and other resources identified by the President. Directs the President, for purposes of selecting appropriate methods of remediation for a given facility, to identify current and reasonably anticipated uses of land, water, and other resources at and around the facility and the timing of such uses. Requires the President, in identifying current and reasonably anticipated future groundwater uses, to defer to State determinations regarding such uses where the State has made such determination on a facility-specific basis. Prohibits, unless the State has made a determination otherwise, the use of groundwater from being identified as drinking water for groundwater: (1) that contains more than 10,000 milligrams per liter total dissolved solids; (2) that is so contaminated by naturally occurring conditions or by the effects of human activity unrelated to a specific activity that restoration of drinking water quality is impracticable; or (3) if the potential source of drinking water is physically incapable of yielding 150 gallons per day of water to a well or spring without adverse environmental consequences. Directs the President to use site-specific risk assessment to: (1) determine the nature and extent of risk to human health and the environment; (2) identify groups which are currently or would be highly exposed or susceptible to contamination based on current and reasonably anticipated uses of land, water, and other resources or to risks arising from implementation of a remedial option; (3) assist in establishing remedial objectives for the facility respecting releases or threatened releases of hazardous substances and in identifying geographic areas or exposure pathways of concern; and (4) evaluate alternative remedial actions for a facility to determine their risk reduction benefits. Requires final remedies to seek to remediate usable groundwater to beneficial use within a reasonable time frame. Directs the President to provide for the long-term monitoring of groundwater, where appropriate. Revises provisions regarding the degree of cleanup. Provides that the standards set forth in CERCLA shall govern the level or standard of control for remedies, remedy selection, and on-site management of hazardous substances in lieu of any other Federal, State, or local standards, except as otherwise provided. Requires point source discharges or emissions of hazardous substances into U.S. waters or ambient air that result from remediation technology used in the conduct of a remedy to comply with State and Federal standards respecting such discharges or emissions. Provides that selected remedies shall attain a level or standard which meets promulgated State standards for protection applicable to remedial actions, unless the President makes a certain finding. Requires final remedies to prevent or eliminate, at a minimum, human ingestion of drinking water containing hazardous substances in levels exceeding Maximum Contaminant Levels under the Safe Drinking Water Act, including the provision of an alternate water supply. Provides that compliance with State standards for protection shall not be required unless such standards are of general applicability, consistently applied, and identified to the President in a timely fashion. Directs the President to consider new procedures for conducting remedial investigations and feasibility studies in an efficient, cost-effective, and timely manner. Requires the President to emphasize performance-based standards. Provides for a phased approach to site characterization and remediation in which remedies are arrived at through a sequence of investigations and actions. Directs the President to maintain a registry of restrictions on the use of land, water, or other resources through institutional controls that are included in final records of decisions as part of the basis of decision at National Priority List (NPL) facilities. Requires the President to study and report on the use and effectiveness of institutional controls at NPL facilities and to issue recommendations to improve efficiency and effectiveness. (Sec. 102) Requires risk assessments and characterizations conducted under CERCLA to: (1) provide scientifically objective assessments, estimates, and characterizations which neither minimize nor exaggerate the nature and magnitude of health and environmental risks; (2) distinguish scientific findings from other considerations; (3) be based on the best, relevant, and current scientific and technical information; and (4) be based on a careful analysis of the weight of scientific evidence that supports conclusions about risks to health and the environment. Directs the President to: (1) update and publish exposure and ecological risk assessment guidelines consistent with such principles; and (2) conduct a study of the cancer potency values of 12 specified hazardous substances frequently found to pose significant risks at NPL facilities. Requires the President to make a scientifically objective assessment of different methodologies for determining the health effects of chemical mixtures at relevant doses based on reasonable exposure scenarios at NPL facilities. Directs the Administrator (Administrator) of the Environmental Protection Agency (EPA) to enter into a contract with the National Academy of Sciences (NAS) to review science on the relationship, if any, between lead in residential soils and blood lead levels. Requires NAS to report its findings to the Administrator and the Congress. Directs the President to reconcile any empirical data from a statistically significant representation of residents concerning lead in blood along with other relevant information in making estimates of risk based on models, methodologies, guidance, or rules concerning the exposure, uptake, bioavailability, and biokinetics of lead in soils. Bars projections based on any such model, methodology, guidance, or rule from being used to predict blood lead levels or to select remedial actions unless such projections have been reconciled with empirical data. (Sec. 103) Directs the President to review past Superfund records Hazardous Substance Superfund (Superfund) of decision, upon request of an interested party, to ensure that such decisions reflect the current state of knowledge with respect to remediation science and technology, best available facility data, and most recent EPA policy and guidance and to improve the cost-effectiveness of site remediation while ensuring long-term health and environmental protection. Defines a past record of decision as one selecting a remedy for an NPL site that was signed prior to October 2, 1995, and that has not been reviewed pursuant to a specified EPA directive or otherwise updated since such date. Requires the President to establish a National Superfund Remedy Review Board to control remedy costs and to provide for protective, consistent, and cost-effective remedial decisions at NPL facilities. Directs the Board, for remedial alternatives identified after this Act's enactment date and following identification of a preferred remedy, to review remedies for NPL facilities for which the estimated cost of the preferred remedy exceeds $15 million. Permits the Board to review remedies for which the estimated cost is less than such amount, if requested. Provides for public notice of such reviews. (Sec. 104) Requires the Agency for Toxic Substances and Disease Registry (ATSDR) Administrator to develop and distribute educational materials on human health effects of hazardous substances to the public. Authorizes the ATSDR Administrator to provide grant or contract assistance to individuals who may be affected by releases or threatened releases when: (1) a public health assessment is conducted at an NPL facility; or (2) a facility is being evaluated for inclusion on the NPL. Authorizes and directs the ATSDR Administrator, pursuant to such grants or contracts, to provide diagnostic services, health data registries, and preventative public health education to communities affected by such releases. (Sec. 105) Provides for cooperation with Indian tribes with respect to certain ATSDR activities. Requires the ATSDR Administrator to include in a biennial report on ATSDR activities the health impacts on Indian tribes of hazardous substances from covered facilities. Directs the President, in setting priorities for remedial action under the national hazardous substance response plan (part of the national contingency plan for the removal of oil and hazardous substances), to place highest priority on facilities with releases resulting in actual ongoing human exposures at levels of public health concern or demonstrated adverse effects. (Sec. 107) Alters the criteria for the continuance of obligations for removal actions to provide that actions shall not continue after $3 million (currently, $2 million) has been obligated or two years (currently, 12 months) have elapsed from the date of initial response to a release or threatened release of hazardous substances. (Sec. 108) Authorizes the President, in order to respond to a release of a hazardous substance, to acquire a hazardous substance easement which limits or controls the use of land, water, or other natural resources. Permits easements and notices of property use restrictions to be used whenever institutional controls have been selected as a component of remedial action for an NPL site. Makes easements enforceable for 20-year periods (unless terminated pursuant to this Act) against owners of affected property or persons who acquire interest in, or rights to use, the property. (Sec. 109) Makes amendments made by this title applicable to final remedial actions selected under CERCLA for which records of decision were signed, or consent decrees were lodged, after this Act's enactment and to any modifications to records of decision made after such date. Title II: Liability - Provides exemptions to liability under CERCLA, with stated exceptions, for releases occurring in connection with arranging for disposal, treatment, transport, or acceptance of hazardous substances, with respect to: (1) pre-1987 activities at non-federally owned NPL facilities or vessels; (2) activities at such facilities or vessels that involved only municipal solid waste or sewage sludge; or (3) de micromis activities. Absolves of liability certain owners or operators who acquired the concerned facility or vessel by inheritance or bequest. Limits liability for certain owners or operators who are also tax-exempt organizations. Exempts from liability: (1) construction contractors whose liability is based solely on a contracted construction activity at the facility or vessel concerned; (2) certain railroad owners or operators of spur tracks; or (3) persons whose liability is based on status as a holder of a pipeline right-of-way or easement or of a gas or oil lease if such a person does not cause, or contribute or consent to, the release or threat of release. Limits liability for certain municipalities and other owners or operators of NPL landfill facilities. Requires the Administrator to seek to minimize the administrative and legal burdens on non-liable parties. Makes amendments pertaining to liability exemptions and limitations inapplicable to: (1) actions brought for contribution to response costs or natural resource damage restoration incurred before November 9, 1997; or (2) actions seeking indemnity, rights of defense, or other rights under any indemnification or insurance contract. (Sec. 203) Prohibits the President from amending certain administrative orders or issuing additional orders without a subsequent finding of an imminent and substantial endangerment. Describes sufficient causes. (Sec. 204) Revises contribution provisions to require an action by a potentially responsible party (PRP) against another PRP for recovery of costs to be commenced within the later of: (1) three years after completion of a removal action or within six years after initiation of physical on-site construction for a remedial action; or (2) three years after the date of judgment in any action for recovery or the date of any administrative order or judicial settlement for recovery of costs or damages. (Sec. 205) Provides that a person who has resolved liability to a State or an Indian tribe in an administrative or judicially approved settlement shall not be liable for claims by persons other than the United States regarding response costs or damages addressed in the settlement. Provides the same protection for persons who have resolved liability to the United States (except for liability to a State for remedial or removal action costs). Includes protection against all claims that may be asserted against the settling party for recovery of costs or damages paid by another person if addressed in the settlement, except claims based on contractual indemnification. Limits the right to seek contribution from other parties where: (1) the person asserting the right has waived such right in a settlement; (2) the person from whom the contribution is sought is not liable under CERCLA; or (3) the person from whom the contribution is sought has entered into a final settlement with the United States. Makes any person who commences a contribution action liable to the person against whom the action is brought for all reasonable costs of defending against the claim if the action: (1) is barred for the reasons stated above; (2) is brought against a person who is protected from suits by reason of settlement with the United States; or (3) is brought during a specified moratorium period. (Sec. 206) Expands the exemption from liability for response action contractors to include exemption from liability under State or local law unless a State has enacted a law determining liability of such contractors. Extends certain indemnification agreements made by the President with respect to negligence of response action contractors to any claims for negligence arising under State or local law. Bars actions against contractors more than six years after the completion of work. Makes such prohibition inapplicable in cases of gross negligence or intentional misconduct or in States or political subdivisions where the State has enacted a statute determining liability for such contractors. Extends certain provisions relating to surety bonds with respect to direct Federal procurement of response actions. (Sec. 207) Revises conditions of eligibility for expedited final settlements. Makes eligible for such settlements certain parties whose liability is based on arranging for the treatment, disposal, or transport of, or accepting, the hazardous substances concerned and who have a demonstrated inability to pay response costs. (Sec. 208) Requires the President to initiate an allocation process for each response action at a non-federally owned NPL facility eligible for fair share funding under this Act. Makes such process inapplicable to actions for which there has been a final settlement, decree, or order determining liability and share of responsibility before November 9, 1997. Places a moratorium on litigation seeking recovery of response costs or contributions in connection with actions for which the President is required to initiate allocations until 90 days after issuance of the allocator's report or of a subsequent report under this section. Stays pending actions or claims, including those under State law, until such prescribed period unless the court determines that a stay will result in manifest injustice. Establishes a moratorium on enforcement orders by the Administrator or suits by the Attorney General to or against facilities subject to allocation for the same time period. Sets forth requirements for the President in initiating the allocation process. Describes the authorities of a neutral allocator, to be selected by the Administrator and acceptable to the PRPs. Permits PRPs to submit the names of additional PRPs to the allocator. Sets forth confidentiality requirements with respect to information submitted to the allocator. Requires the allocator to prepare a nonbinding allocation of percentage shares of responsibility to each allocation party and to the fair share funding (the amount to be allocated to the Superfund) without regard to theory of joint and several liability and based on specified equitable factors. Directs the allocator to adopt, in lieu of the allocation report, any agreement among some or all of the allocation parties that allocates 80 percent of the recoverable costs to the signatories if the settlement contains a waiver of all claims against all other allocation parties for contribution. Sets forth: (1) conditions under which the Administrator and Attorney General may reject the allocator's report; and (2) requirements for settlements based on allocations. Entitles parties who incur costs in excess of the percentage share allocated by the allocator to reimbursement from Superfund of such excess amounts. Authorizes the Administrator to commence an action against any party that has not resolved its liability following an allocation and to recover unrecovered response costs, including amounts constituting fair share funding. (Sec. 210) Absolves persons (other than owners or operators) who arranged for the recycling of recyclable material from liability for environmental response actions. Deems transactions involving scrap paper, plastic, glass, textiles, or rubber (other than whole tires) to be arranging for recycling if the person who arranged the transaction demonstrates that the following criteria were met: (1) the recyclable material met a commercial specification grade and a market existed for the material; (2) a substantial portion of the material was made available for use as a feedstock for the manufacture of a new saleable product; (3) the material (or product made from the material) could have been a replacement for a virgin raw material; and (4) with respect to transactions occurring 90 days after this Act's enactment, the person exercised reasonable care to determine that the facility where the material would be managed by another was in compliance with Federal, State, or local environmental laws or regulations. Deems transactions involving scrap metal to be arranging for recycling if the person who arranged the transaction demonstrates that: (1) the criteria for scrap materials were met; (2) he or she complied with applicable standards regarding activities associated with the recycling of scrap metals; and (3) the scrap metal was not melted prior to the transaction. Deems transactions involving spent lead-acid, nickel-cadmium, or other batteries to be arranging for recycling if the person involved demonstrates that: (1) the criteria for scrap materials were met; and (2) he or she complied with applicable Federal environmental standards regarding such batteries. Makes the exemptions from liability under this Act inapplicable if the person: (1) had an objectively reasonable basis to believe at the time of the recycling transaction that the recyclable material would not be recycled or would be burned as fuel or for energy recovery or incineration or that the consuming facility was not in compliance with Federal, State, or local environmental laws or regulations; (2) had reason to believe that hazardous substances had been added to the material for purposes other than processing for recycling; or (3) failed to exercise reasonable care with respect to the management of the material. Makes such exemptions inapplicable, with respect to any item of a recyclable material, if the item: (1) contained polychlorinated biphenyls at a concentration exceeding 50 parts per million or any new Federal standard; or (2) is scrap paper containing a concentration of hazardous substances determined to present a significant human health or environmental risk. Title III: Brownfields - Land Recycling Act of 1997 - Prohibits, with exceptions, the President and any person other than a State from using authorities of CERCLA or the Solid Waste Disposal Act to commence an administrative or judicial action with respect to a release or threatened release at a facility that is, or has been, the subject of a voluntary response plan in a State that certifies that it has enacted a program established to allow a person to respond voluntarily to the release or threatened release of hazardous substances at a facility. Declares that such prohibition shall not affect the Administrator's authority to gather information at facilities where there may be a substantial endangerment of human health or the environment, but only for purposes of determining whether a facility qualifies for listing on the NPL. Exempts facility response activities conducted entirely onsite as part of a voluntary response plan from Federal permit requirements. Requires the Administrator to provide assistance to States for establishing such programs. (Sec. 304) Amends CERCLA, with respect to defenses to liability of an owner of after-acquired property, to deem a person to have made (under current law, "undertaken") appropriate inquiry into the property's previous ownership and uses if the person establishes that an environmental site assessment was conducted which meets specified requirements (compliance with an American Society for Testing and Materials standard or with standards issued by the Administrator) and the person fulfills certain responsibilities concerning information compilation. (Sec. 305) Absolves from liability for response actions bona fide prospective purchasers to the extent liability at a facility for a release or threat thereof is based solely on ownership or operation of a facility. Gives a lien upon a facility to the United States for unrecovered response costs in any case in which there are such unrecovered costs for which the owner is not liable by reason of this Act and the facility's fair market value has increased above that which existed six months before the action was taken. (Sec. 306) Exempts from liability certain owners or operators of real property contiguous to property on which there has been a release or threat thereof. Authorizes the President to grant such persons an assurance of no enforcement action and protection against cost recovery and contribution actions. Title IV: Natural Resource Damages - Sets forth provisions regarding the designation of trustees for natural resources by Indian tribes. (Sec. 406) Limits the measure of damages to a natural resource to reasonable costs of restoration, temporary restoration, and assessment of damages. Bars recovery based on non-use values. Prohibits the use of contingent valuation methodology and other economic polling techniques to value lost natural resource services or restoration alternatives. (Sec. 407) Sets forth requirements for damage assessments by Federal, State, and Indian tribe trustees. (Sec. 409) Permits damages recovered by trustees to be available only for restoration, replacement, or acquisition of natural resources. (Sec. 410) Precludes trustees who receive compensation for injury to, destruction of, or loss of a natural resource pursuant to this Act from recovering compensation for the same natural resource pursuant to any other State or Federal law. Bars recovery under such other laws if recovery for such resources is made under this Act. Prohibits double liability for such resources in the same manner as double recovery is barred. Bars recovery for injury to, destruction of, or loss of natural resources where such damages and the release of a hazardous substance from which such damages resulted occurred wholly before December 11, 1980. (Sec. 412) Authorizes Federal or State natural resource trustees or Indian tribes seeking natural resource damages to initiate mediation with PRPs by means of the mediation procedure or another alternative dispute resolution method recognized by the district court in which the action is filed. (Sec. 413) Makes this title inapplicable to actions to recover natural resources damages in which a trial has begun before July 1, 1997, or in which a final settlement, decree, or order has been issued before such date. Title V: State Role - Authorizes the Administrator to delegate authority to States to: (1) take specified actions at NPL facilities, including actions relating to response, cost recovery, remedy selection, settlements, allocations, and community participation; and (2) implement a State hazardous substance response program in lieu of the response action authorities of this Act at NPL facilities. Sets forth administrative provisions and restrictions on such authority. Permits the Administrator to withdraw State authority under certain conditions. Sets forth provisions regarding the delisting of facilities from the NPL based on statements by a State Governor. (Sec. 503) Requires the Administrator to fund the cost to a State of exercising any delegated authorities as such costs arise, where such costs may be determined on a site-specific basis, with the exception of costs relating to removal authority which shall be reimbursed in accordance with another provision. Sets forth conditions under which the Administrator may deny funding to, or recover funds from, a State in cases where a State cleanup standard is more stringent than a Federal one. (Sec. 504) Revises provisions requiring contracts with States before remedial actions are provided to prohibit the Administrator or a State to which authorities have been delegated from providing any remedial action unless the State enters into an agreement providing assurances that it will pay ten percent of the costs of the action and ten percent of the costs of operation and maintenance. Exempts actions to be taken on Indian lands from such conditions. (Sec. 505) Permits the President to add a facility to the NPL only with the concurrence of the Governor of the State in which the facility is located. (Sec. 506) Extends certain provisions authorizing reimbursements by the President to local governments affected by releases or threatened releases to affected States as well. Title VI: Federal Facilities - Sets forth provisions regarding enforcement and dispute resolution regarding remedy selection at Federal facilities for which authorities have been delegated to a State. (Sec. 602) Allows the President to designate NPL-listed or -proposed Federal facilities to facilitate the development of innovative technologies for remedial action. Requires a report to the Congress. (Sec. 605) Revises provisions regarding the applicability of specified provisions of CERCLA to the U.S. Government. Makes the United States subject to all Federal, State, interstate, and local substantive and procedural requirements, including administrative orders and penalties and fines, and reasonable service charges. States that neither the United States nor any agent, employee, or officer shall be immune from any court process with respect to the enforcement of injunctive relief. (Sec. 608) Requires Federal agencies to conduct annual studies to determine environmental management priorities at NPL facilities and report to the Congress. Title VII: Community Participation - Requires the Administrator to provide for meaningful public participation in every significant phase of a response action through public meetings. Directs the Administrator to solicit and evaluate concerns, interests, and information from the community. Authorizes community members to propose remedial action alternatives to the Administrator. Sets forth minimum requirements for documents made available to the public which describe risk to human health. Authorizes civil actions to require Federal compliance with community involvement provisions. (Sec. 702) Requires the Governor of a State where a facility is located to create a community assistance group for an NPL-listed or -proposed proposed facility if: (1) it would be helpful in promoting meaningful consultation among persons interested in response action; or (2) requested by a specified number of residents, a representative group of PRPs, or any local governmental entity with jurisdiction over the facility. Lists responsibilities of such groups, including to solicit views of the community with respect to remedial actions and to serve as the community representative during the response action planning and implementation process. Makes such groups preferred recipients of technical assistance grants. (Sec. 703) Provides for technical assistance grants to citizen groups affected by releases at NPL facilities. Bars the approval of any grant application unless the applicant agrees to fully participate in the community assistance group and to present questions, concerns, and suggestions to the organization whenever possible. Title VIII: Miscellaneous - Revises existing definitions and adds new definitions of terms. (Sec. 803) Requires the Administrator to establish a small business Superfund assistance section within the EPA small business ombudsman office. (Sec. 806) Revises CERCLA report requirements. (Sec. 808) Requires the President to: (1) establish spending priorities for remedial actions based on criteria for determining priorities among releases and the most risk reduction for funds spent; (2) publish a proposed budget for expenditures for a fiscal year for remedial actions based on spending priorities; and (3) establish a National Remediation Advisory Committee to make recommendations on the budget and review public comments. Authorizes the establishment of regional remediation advisory committees as well. (Sec. 809) Encourages the President to give greater decisionmaking authority to remedial project managers in order to increase the pace of cleanups, reduce paperwork and administrative costs, and reduce delays in making response action decisions. Directs the President to: (1) require such managers to receive adequate training in environmental management; and (2) conduct a review of existing training facilities to determine whether a national environmental training center should be established to provide training for such managers and other personnel. (Sec. 810) Bars CERCLA authorities from being used to commence an administrative or judicial action with respect to source, special nuclear, or byproduct material that is subject to decontamination regulations issued by the Nuclear Regulatory Commission (NRC) for license termination under the Atomic Energy Act of 1954 or by States with such regulatory duties unless requested by the NRC or the State, as appropriate. Title IX: Funding - Subtitle A: Expenditures from the Hazardous Substance Superfund - Revises the list of activities for which expenditures from Superfund are authorized. Permits the President to use Superfund monies for administrative costs directly related to the costs of authorized activities. Repeals provisions regarding the assumption of certain liability by the Post-closure Liability Fund. (Sec. 902) Authorizes appropriations to Superfund for FY 1998 through 2002. Subtitle B: 5-Year Extension of Hazardous Substance Superfund - Amends the Internal Revenue Code to extend the collection of Superfund taxes through 2002. Increases the aggregate tax which may be collected from $11.97 billion to $22 billion until December 31, 2002. Extends the repayment deadline.

National Beverage Container Recycling Initiative Act

United States · United States Congress · 9 November 1997

National Beverage Container Recycling Initiative Act - Amends the Solid Waste Disposal Act to prohibit the sale of beer, ale, or other drinks produced by fermenting malt, soda or noncarbonated water, and all nonalcoholic carbonated or noncarbonated drinks in liquid form (except for dairy products) in beverage containers by retailers and distributors unless such containers carry a refund value of five cents. Bars sales of wine and spirits unless their beverage containers carry a refund value of 15 cents. Provides for the adjustment for inflation of the refund amount at ten-year intervals. Requires: (1) distributors to collect from retailers or redemption centers the refund value for each beverage sold to retailers; and (2) retailers to collect from consumers the refund value for each beverage sold to consumers. Requires retailers and distributors to pay the refund on returned containers of brands (in the same kind and size of container) sold. Authorizes retailers to limit the daily amount of containers accepted from any one person. Directs distributors to pay annually to a State unclaimed refund amounts (the amount by which the total refund value of all containers sold by distributors exceeds the amount paid by distributors to persons in that State). Makes unclaimed refunds available to a State for carrying out pollution prevention and recycling programs. Prohibits distributors and retailers from: (1) selling beverages in metal beverage containers with detachable openings; and (2) disposing of containers subject to this Act or any metal, glass, or plastic from such containers (other than the top or seal) in landfills or solid waste disposal facilities. Makes this Act inapplicable to States that have adopted requirements substantially similar to those under this Act. Prohibits States or political subdivisions that impose taxes on the sale of beverage containers from imposing any tax on the amount attributable to the refund value of such containers. Prescribes civil penalties for violations of this Act.

Brownfields Reclamation Act of 1997

United States · United States Congress · 9 November 1997

TABLE OF CONTENTS: Title I: Federal Support for State Voluntary Cleanup Programs Title II: Tax Incentive for the Assessment, Cleanup, and Brownfields Property-Site Economic Redevelopment Title III: Limiting Out-Year Environmental Risk Liability Title IV: Environmental Assessment and Cleanup Research, Development, and Deployment Title V: Encouraging Public-Private-Community Partnerships Title VI: Annual Program Evaluation Brownfields Reclamation Act of 1997 - Title I: Federal Support for State Voluntary Cleanup Programs - Directs the Administrator of the Environmental Protection Agency (EPA) to facilitate and sustain State voluntary cleanup programs by: (1) encouraging State and tribal governments to formulate cleanup, redevelopment, and reuse programs that meet specified criteria; (2) encouraging State programs to assure community participation in decisions regarding brownfields properties, cleanup, redevelopment, and reuse; (3) providing funding for site inventories, inspections, and assessments and grants for the establishment of revolving funds; and (4) providing technical assistance for brownfields programs. Defines "brownfields" as abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by environmental contamination and where conditions, constraints, or circumstances exist that may be detrimental to public health or the environment. Title II: Tax Incentive for the Assessment, Cleanup, and Brownfields Property-Site Economic Redevelopment - Requires the Administrator to work with the Comptroller of the Currency to revise the Community Reinvestment Act Credit to include giving credit to banks that provide loans for the assessment, cleanup, or redevelopment of brownfields properties. Declares that the purpose of the tax incentive is to encourage site reuse by permitting the deductibility of certain remediation costs. Directs the Administrator to allocate tax incentives among States with voluntary cleanup programs. Limits tax incentives to a maximum of 50 percent of total project costs and to no more than the difference between such costs and comparable costs for a greenfield property located at the market periphery (or a clean site within the same jurisdiction). Authorizes States to offer complementary tax incentives for property remediation and reuse. Title III: Limiting Out-Year Environmental Risk Liability - Defines "out-year environmental risk liability" as liability regarding an environmental or public health hazard not discovered during property cleanup assessment or cleanup of a brownfields property. Permits the Administrator to consider a prospective purchaser agreement, with respect to purchasers of brownfields properties, which releases a purchaser from liability to the United States if there are substantial benefits to the Government and the community and such purchaser satisfies other specified criteria. Requires the Administrator to work with the private insurance industry to determine the feasibility of three basic insurance mechanisms (private, Federal, or a joint program involving shared risk) for addressing the issue of out-year environmental risk liability. Title IV: Environmental Assessment and Cleanup Research, Development, and Deployment - Directs the Administrator to make project grants available to local technology centers and universities to research, develop, and deploy innovative property assessment, public health assessment, and cleanup technologies, procedures, and related information. Title V: Encouraging Public-Private-Community Partnerships - Requires the Administrator to: (1) require community consultation on the extent of required cleanup in relation to ultimate reuse and reuse impact on the neighborhood and community; (2) sustain or expand Federal funding for training for property environmental assessment and cleanup and for technical assistance and research in brownfields cleanup and redevelopment strategies; and (3) assist the Administrator of the Agency for Toxic Substances and Disease Registry in providing technical assistance for health assessments. Requires the Administrator to make up to 20 grants annually for job training for property assessment and cleanup. Authorizes additional appropriations to support EPA Environmental Finance Centers with respect to technical assistance and research in brownfields cleanup and redevelopment strategies. Title VI: Annual Program Evaluation - Terminates this Act five years after enactment. Directs the Administrator to report annually to the Congress on program activity and to report on the impact and cost-effectiveness of this Act.

To amend section 332 of the Communications Act of 1934 to preserve State and local authority to regulate the placement, construction, and modification of certain telecommunications facilities, and for other purposes.

United States · United States Congress · 9 November 1997

Amends the Communications Act of 1934 to: (1) repeal a provision which prohibits a State or local government from regulating the placement, construction, or modification of personal wireless service facilities (communications towers) on the basis of the environmental effects of frequency emissions from such facilities when such facilities comply with Federal Communications Commission (FCC) regulations; (2) require that, in any action in which a person seeking to place, construct, or modify such a facility is a party, such person bear the burden of proof of its necessity; and (3) prohibit the FCC from adopting as a final rule a certain proposed rule which would preempt State and local zoning and land use restrictions on the siting, placement, and construction of broadcast station transmission facilities.

Dakota Water Resources Act of 1997

United States · United States Congress · 9 November 1997

Dakota Water Resources Act of 1997 - Amends Federal provisions relating to the Garrison water diversion unit, North Dakota (part of the Missouri River Basin Project), to include within the authorized purposes of such unit the development of municipal, rural, and industrial water systems, groundwater recharge, augmented stream flows, irrigation, and enhanced fish and wildlife habitat and other natural resources. (Currently, only irrigation is authorized.) Authorizes the State of North Dakota (currently, only the Secretary of the Interior) to plan and construct within North Dakota a multipurpose water resource development irrigation project. Makes nonreimbursable all features constructed by the Secretary before the enactment of this Act. Directs the Secretary to enter into an agreement with North Dakota for the operation and maintenance of the completed unit facilities and the design and construction by the State of new unit facilities. Makes the Secretary responsible for mitigation and enhancement measures associated with features so constructed. (Sec. 3) Repeals a provision prohibiting the Secretary from altering the status of Sheyenne Lake National Wildlife Refuge prior to the completion of construction of Lonetree Dam and Reservoir. (Sec. 4) Excludes certain areas in North Dakota within which the Secretary is authorized to develop irrigation facilities. (Sec. 5) Prohibits irrigation costs from resulting in any reallocation of project costs or increased rates to Pick-Sloan Missouri Basin customers. (Sec. 6) Revises provisions authorizing the construction of municipal, rural, and industrial water systems in North Dakota to: (1) reduce from 25 to 15 percent the non-Federal share of construction costs; (2) authorize the State to use Federal and non-Federal funds for grants or loans for such systems; (3) make additional projects eligible for such funding; (4) direct the Secretary and the State to jointly submit to the Congress a report on the comprehensive water quality and quantity needs of the Red River Valley and the options for meeting those needs; (5) direct the Secretary to prepare and complete a draft environmental impact statement with respect to such needs; (6) direct the State to select one or more options for meeting such needs; (7) authorize the State to develop and implement a State water conservation program; and (8) make nonreimbursable the cost of certain water system features constructed on the Missouri River by the Secretary of the Army before the enactment of this Act. (Sec. 7) Authorizes and directs the Secretary to construct a feature or features to deliver water to the Sheyenne River water supply and release facility or such other feature(s) as selected by the State. Deauthorizes the Lonetree Dam and Reservoir. Authorizes and directs the Secretary to contract with the State for the operation and maintenance of the Lonetree wildlife conservation area. (Sec. 8) Prohibits authorized Federal funds from being used to subsidize the irrigation of any crop at the Oakes Test Area after one year after the enactment of this Act. (Sec. 9) Authorizes additional appropriations to carry out provisions added by this Act. (Sec. 10) Renames the Wetlands Trust (as established under the prior Federal provisions) the Natural Resources Trust and provides additional Federal contributions to such Trust. (Sec. 11) Directs the Secretary to cause to be performed a review of the options for bank stabilization of the Missouri River downstream of the Garrison Dam in North Dakota.

Healthy and Smoke Free Children Act

United States · United States Congress · 8 November 1997

TABLE OF CONTENTS: Title I: Amendments to the Public Health Service Act Relating to Tobacco Title II: FDA Jurisdiction Over Tobacco Products Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Tobacco Market Transition Assistance Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments Subtitle B: No Net Cost Tobacco Program Subtitle C: Tobacco Community Empowerment Block Grants Title V: Miscellaneous Provisions Healthy and Smoke Free Children Act - Title I: Amendments to the Public Health Service Act Relating to Tobacco - Amends the Public Health Service Act to mandate payments to States for the States' expenses for treating tobacco-related illnesses or conditions and for services for children. Makes certain amounts available for specified activities under this Act and its amendments, including: (1) the costs associated with Food and Drug Administration tobacco-related activities; (2) national biomedical and basic scientific research activities and child development and research activities; and (3) assistance and compensation to individuals with tobacco-related illnesses and conditions. Establishes the National Biomedical and Basic Scientific Research Board to make grants and contracts for the expansion of basic and biomedical research and to provide graduate training in that research. Mandates grants or contracts for the conduct and support of research, training, and demonstration projects regarding child health and development. Mandates, to discourage individuals from using tobacco products and to assist quitting: (1) research on methods, drugs, and devices; (2) programs to reduce tobacco use through education, prevention, and cessation campaigns; and (3) programs through the Centers for Disease Control and Prevention. Mandates block grants to States for tobacco use reduction and education activities. Requires a Federal model smoking cessation program and Federal regulations regarding approval of cessation programs and devices. Includes in the allowed uses of block grants activities for the transitional sponsorship of certain activities. Mandates an annual survey on children's tobacco use. Requires each tobacco manufacturer to reduce the number of children using its products by specified percentages in specified years. Imposes a per-unit fee for failing to meet targets. Mandates regulations: (1) prohibiting the sale of tobacco product single packs in cases of repeated noncompliance; and (2) requiring generic packaging in cases of severe repeated noncompliance. Requires fee amounts to be made available: (1) to the National Biomedical and Basic Scientific Research Board for research, training, and demonstration project grants; (2) for healthy child development grants; and (3) for reduction and addiction prevention research grants and grants under the national tobacco usage reduction and education program. Prohibits reprisals against whistleblower employees of tobacco manufacturers, distributors, and retailers. Establishes the National Tobacco Document Depository, requiring that it be open to the public and maintained as a resource for individuals interested in the manufacturers' corporate records and research. Requires manufacturers, the Tobacco Institute, and the Council for Tobacco Research, U.S.A., to provide specified Depository contents. Directs the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Establishes the Tobacco Oversight and Compliance Board to monitor tobacco industry compliance with this Act. Mandates manufacturer submission and Board disclosure of documents: (1) relating to tobacco health effects (including addiction), manipulation or control of nicotine, or the sale or marketing of tobacco products to children; or (2) produced or ordered to be produced by the manufacturer in State of Minnesota v. Philip Morris, Inc. Title II: FDA Jurisdiction Over Tobacco Products - Declares that the Secretary of Health and Human Services, through the Food and Drug Administration, shall have the authority under the Federal Food, Drug, and Cosmetic Act (FDCA) to regulate the manufacture, labeling, sale, distribution, and advertising of tobacco products. (Sec. 203) Amends the FDCA to include nicotine in tobacco products in the definitions of "drug" and "device." Deems tobacco misbranded if it violates the FDCA or its regulations. Requires that tobacco products be classified as Class II devices. Prohibits the Secretary from prohibiting tobacco products under specified provisions. Sets forth tobacco product performance standard requirements. Declares that a tobacco product is a restricted device. (Sec. 204) Establishes the Scientific Advisory Committee to assist the Secretary regarding a performance standard. Allows a standard involving the reduction or elimination of nicotine, other constituents, or harmful components. Mandates regulations: (1) for the testing, reporting, and disclosure of smoke constituents; and (2) limiting cigarette tar. Deems tobacco products misbranded if there are claims (not scientifically proven) of reduced health risk. Requires manufacturers to: (1) notify the Commissioner of Food and Drugs of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Allows the Commissioner, on determining the technology feasible, to require manufacturers to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates annual disclosure to the Secretary of tobacco product ingredients (including added substances and nicotine). Requires ingredient safety assessments and prohibits inclusion of current ingredients with disapproved assessments and new ingredients without approved assessments. Provides for public disclosure. Mandates specified warnings on packaging and in advertising of cigarettes and smokeless tobacco products. Declares that this paragraph does not relieve any person from liability at common law or under State statutory law. Exempts exports from warning requirements. Requires specified use statements on cigarettes and smokeless tobacco describing the product as a nicotine delivery device for persons 18 or older. Allows State and local governments to impose additional controls to limit tobacco use by minors. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Amends the Occupational Safety and Health Act of 1970 to require the responsible entity for each non-residential public building (regularly entered by at least ten individuals at least one day per week (except portions of a building used as a bar, tobacco merchant, designated smoking hotel room, or prison)) to implement a smoke-free environment policy. Allows designated smoking areas meeting specified requirements. Title IV: Tobacco Market Transition Assistance - Subtitle A: Tobacco Quota Buyout Contracts and Producer Transition Payments - Directs the Secretary of Agriculture to offer to enter into: (1) a buyout contract with the owner of a tobacco basic marketing quota; (2) a producer transition payment contract with producers of quota tobacco that were quota lessees or quota tenants; and (3) a producer nonquota transition payment contract with producers of nonquota tobacco. Requires the contracting quota owners to permanently relinquish the quota and producers (quota and non-quota) to permanently refrain from growing tobacco for which a quota program is in effect. Subtitle B: No Net Cost Tobacco Program - Amends the Agricultural Act of 1949 to extend the termination date of a requirement that producers, purchasers, and importers of tobacco for which price support is available pay a nonrefundable marketing assessment to the Commodity Credit Corporation. Requires that payment amounts be sufficient to cover the costs of the administration of certain tobacco quota and price support programs. Subtitle C: Tobacco Community Empowerment Block Grants - Mandates grants to tobacco States to enable the States to: (1) empower tobacco producers and tobacco manufacturing workers by providing economic alternatives to tobacco; and (2) carry out non-tobacco economic development initiatives in tobacco communities. Title V: Miscellaneous Provisions - Declares that it is the sense of the Senate that: (1) the Congress should increase excise taxes on tobacco products; (2) the tax should be indexed; and (3) the tax should not be deductible.

Harmful Algal Bloom Research and Hypoxia Research and Control Act of 1998

United States · United States Congress · 8 November 1997

Harmful Algal Bloom Research and Control Act of 1997 - Authorizes appropriations to the Secretary of Commerce for research, eradication, and control of harmful algal blooms.

A concurrent resolution to correct the enrollment os S. 399.

United States · United States Congress · 8 November 1997

Makes a correction in the enrollment of S. 399 (environmental conflict resolution and training).

To authorize the Secretary of the Army to carry out a project to protect and enhance fish and wildlife habitat of the Missouri River and the middle Mississippi River.

United States · United States Congress · 8 November 1997

Directs the Secretary of the Interior to develop a plan for a project to protect and enhance fish and wildlife habitat of the Missouri River and middle Mississippi River (from the mouth of the Ohio River to the mouth of the Missouri River). Prohibits such plan from adversely affecting: (1) the water-related needs of the region surrounding such rivers; and (2) private property rights. Requires specified plan activities, and requires such activities to be integrated with other related Federal and State activities. Directs the Secretary to provide for public review and comment on such plan. Requires plan compliance with applicable environmental laws. Provides Federal and non-Federal shares of project costs. Authorizes appropriations for FY 1999 through 2004.

Indoor Air Act of 1997

United States · United States Congress · 8 November 1997

Indoor Air Act of 1997 - Directs the Administrator of the Environmental Protection Agency to publish: (1) a list of common significant indoor air health risks; and (2) concurrently with such list, voluntary guidelines for identifying, reducing, and preventing such risks. Requires the Administrator to give priority to conducting and providing financial or other assistance to studies concerning indoor air quality. Directs the Administrator to: (1) report to the Congress on persons operating contractor businesses engaged in the identification, reduction, and prevention of significant indoor air health risks and on the need for a program to certify contractors engaged in such activities; and (2) establish a voluntary certification program for contractors engaged in the identification of such risks. Imposes fees for certification. Authorizes the suspension or revocation of certifications for violations of certification requirements. Directs the Administrator to publish and disseminate the list of common significant indoor air health risks, the guidelines for identifying, reducing, and preventing such risks, and indoor air health advisories addressing the health effects of such risks. Requires the Administrator to develop a voluntary program to provide Federal recognition to buildings that are operated and maintained to prevent or minimize such risks and that provide significant energy efficiency benefits. Authorizes the Administrator to provide grants to States and local governments to implement programs to identify, reduce, and prevent such risks. Requires the Director of the National Institute for Occupational Safety and Health to implement a Building Assessment Program to provide assistance and guidance to employers and employees on measures to reduce such risks. Authorizes the Director, at the request of an employer or employee, to conduct on-site assessments of buildings. Directs the Administrator to ensure that the presentation of information on significant indoor air health risks is unbiased and informative. Authorizes appropriations.

To permit the Administrator of the Environmental Protection Agency to enter into cooperative research and development agreements for environmental protection.

United States · United States Congress · 8 November 1997

Authorizes the Administrator of the Environmental Protection Agency (EPA) to enter into cooperative research and development agreements with colleges and universities, State environmental protection agencies, and nonprofit organizations to participate in a cooperative research unit to develop research and training programs relating to environmental protection. Limits EPA's participation in the cooperative research unit to: (1) the assignment by the Administrator of EPA scientific personnel to serve at the unit; (2) the provision of assistance for the work of researchers on environmental protection projects; (3) the provision of equipment; and (4) the payment of incidental expenses of EPA personnel and employees of other entities assigned to the unit.

Wiederzulassung von Pestiziden

Austria · National Council · 7 November 1997

Mündliche Anfrage des Abgeordneten Andreas Wabl an den Bundesminister für Land- und Forstwirtschaft betreffend Wiederzulassung von Pestiziden <br><br>Stimmt es, daß das Bundesamt und Forschungszentrum für Landwirtschaft, sich berufend auf § 37(1) in Verbindung mit Abs.4 PMF 1997, unerledigte Wiederzulassungsanträge bearbeitet - und ohne Einverständnis mit den bieden anderen zuständigen Behörden (BMU und BKA) - Bescheide bzw. beschiedähnliche Schreiben verschickt, in welchem dem Antragstellung mitgeteilt wird, daß die Zulassung ihres zur Wiederzulassung beantragten Pestizids bis zum Jahr 2003 verlängert wird?

National Tobacco Policy and Youth Smoking Reduction Act

United States · United States Congress · 7 November 1997

TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VI: Provisions Relating to Tobacco-Related Civil Actions Title VII: Public Disclosure of Health Research Title VIII: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title IX: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating them a class II device) and exclude them from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after that if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, upon determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1)drugs and devices that endanger health when used as directed; (2) banned devices; (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations that tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 402) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for other expenses relating to treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action in the amount of any award that represents punitive damages. (Sec. 405) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 412) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 413) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 414) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title V: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 512) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 513) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 522) Requires States to report annually on tobacco use reduction. (Sec. 523) Presumes that a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VI: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 602) Regulates authorized actions relating to conduct before the effective date of this Act, including punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 603) Regulates actions relating to conduct after enactment of this Act. (Sec. 604) Makes this title inapplicable to nonsignatories. Title VII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title VIII: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the LEAF Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 812) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 824) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 832) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title IX: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the FDCA to Indian country. (Sec. 903) Allows State and local governments, to the extent not inconsistent with this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.

Transition to Electric Competition Act of 1997

United States · United States Congress · 7 November 1997

TABLE OF CONTENTS: Title I: Retail Competition Title II: Public Utility Holding Companies Title III: Public Utility Regulatory Policies Act Title IV: Environmental Protection Title V: Bonneville Power Administration Title VI: Tennessee Valley Authority Transition to Electric Competition Act of 1997 - Amends the National Historic Preservation Act of 1966 to require Federal agencies to which a historic light station is conveyed to maintain such light station in accordance with such Act, Historic Preservation Standards, and other applicable laws. (Sec. 5) Authorizes any aggrieved person to bring an action in the appropriate Federal district court to enforce the requirements of this Act against any non-complying individual, corporation, or other retail electric energy supplier or provider. Title I: Retail Competition - Sets January 1, 2002, as the date from which: (1) each consumer shall have the right to purchase retail electric energy from any offeror; and (2) all sellers of such energy shall have reasonable and nondiscriminatory access, on an unbundled basis, to the local distribution and retail transmission facilities of retail electric energy providers and all ancillary services. (Sec. 103) Permits State authorities to implement the program before such dateline. Sets forth guidelines for: (1) State regulatory authority; (2) recovery of stranded costs by a retail or wholesale electric energy provider and nonregulated utilities; (3) recovery of lost retail benefits; and (4) universal service for specified consumers. (Sec. 110) Sets forth a statutory framework for retail electric energy suppliers to comply with Renewable Energy Credit requirements. Directs the Administrator of the Bonneville Power Administration (BPA) to use proceeds from the sale of such Credits to repay outstanding debt to the Treasury and bondholders of securities backed by the BPA. Sets forth a termination date for such Credit program. (Sec. 111) Prescribes procedural guidelines to determine the appropriate State or Federal jurisdiction over local distribution facilities. (Sec. 112) Directs the Federal Energy Regulatory Commission (FERC) to establish the broadest feasible transmission regions and designate an Independent System Operator to manage and operate it in each region beginning on January 1, 2002. (Sec. 113) Amends the Federal Power Act to: (1) prohibit a public utility from acquiring the facilities or securities of a natural gas utility company unless FERC finds such acquisition is in the public interest; and (2) authorize FERC to require the divestiture of generating or transmission facilities, among other specified actions, in order to prohibit a retail electric energy supplier or provider from using its ownership or control of resources to maintain a situation inconsistent with effective competition among retail and wholesale electric suppliers. (Sec. 114) Requires retail and wholesale electric energy suppliers and providers owning nuclear generating units before the enactment of this Act to recover from their customers all reasonable nuclear decommissioning costs pursuant to a non-bypassable charge imposed on all consumers located in the service territories purchasing power, or that had purchased power, from such nuclear generating units. (Sec. 115) Requires FERC to ensure by a specified deadline that each retail electric energy supplier discloses to the public the types of fuel used to generate the electricity the supplier sells, including the percentage of electric energy generated by each fuel type. (Sec. 116) Declares this title inapplicable to any person located in the States of Alaska and Hawaii regarding any activity or transaction occurring there. Title II: Public Utility Holding Companies - Repeals the Public Utility Holding Company Act of 1935, except with respect to: (1) the United States; (2) a State or local government; (3) any foreign governmental authority not operating in the United States; (4) any agency, authority, or instrumentality of any of the foregoing; or (5) any officer, agent, or employee of any of the foregoing acting as such in the course of his official duty. (Sec. 203) Retains Federal and State access to books and records of public utility holding companies and their associate companies. (Sec. 205) Empowers FERC and State regulatory bodies to determine whether a public utility company may recover in rates any costs of goods and services acquired from an associate company after a specified date. Authorizes a State regulatory body to examine the prudence of interaffiliate power transactions among public utilities. Title III: Public Utility Regulatory Policies Act - Declares the Public Utility Regulatory Policies Act of 1978 governing cogeneration and small power production inapplicable to public utility facilities beginning commercial operations after the enactment of this Act. States that no public utility shall be required to enter into a new contract or obligation to purchase or sell electric energy after the effective date of this title or, if earlier, the date on which retail electric competition is implemented in all of its service territories. Title IV: Environmental Protection - Instructs the Environmental Protection Agency to report to the Congress on the implications of differences in air pollution emissions standards for wholesale and retail electric generation competition and for public health and the environment. Title V: Bonneville Power Administration - Places BPA transmission services under FERC rules on nondiscriminatory open access to transmission services provided by public utilities. (Sec. 504) Requires FERC to adopt a transition cost recovery mechanism if BPA proposes a charge to recover transition costs resulting from Federal law or a certain FERC Order. (Sec. 505) Authorizes the BPA Administrator to participate in a FERC-regulated Independent System Operator. (Sec. 506) Precludes BPA's financial obligations under this Act from being interpreted or implemented in a manner that adversely affects third-party financing arrangements of the Washington Public Power Supply System. (Sec. 507) Prohibits the BPA Administrator from marketing, selling or disposing of electric power to end use or retail customers with whom no sales contract existed as of October 1997. (Sec. 509) Amends the Federal Columbia River Transmission System Act to repeal the mandate that the BPA Administrator make available to all utilities on a nondiscriminatory basis any capacity in the Federal transmission system determined to exceed the capacity required to transmit electric power generated or acquired by the United States. Title VI: Tennessee Valley Authority - Sets a date from which: (1) all electric energy suppliers shall have the right to sell retail and wholesale electric energy to persons currently purchasing such energy directly or indirectly from the Tennessee Valley Authority (TVA); (2) TVA may sell wholesale electric energy to any person; (3) TVA wholesale power customers may sell such power to any person; and (4) customers may terminate their contracts to purchase TVA power. (Sec. 604) Requires the TVA Board of Directors to: (1) establish and periodically review TVA energy sales and transmission rates, subject to FERC review; and (2) study and report to the Congress on TVA privatization.

Universal Tobacco Settlement Act

United States · United States Congress · 7 November 1997

TABLE OF CONTENTS: Title I: Regulation of the Tobacco Industry Subtitle A: Restriction on Marketing and Advertising Subtitle B: Warnings, Labeling and Packaging Subtitle C: Restriction on Access to Tobacco Products Subtitle D: Licensing of Retail Tobacco Sellers Subtitle E: Regulation of Tobacco Product Development and Manufacturing Subtitle F: Compliance Plans and Corporate Culture Title II: Reduction in Underage Tobacco Use Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke Title IV: National Tobacco Settlement Trust Fund Title V: Public Health and Other Programs Subtitle A: Public Health Block Grant Program Subtitle B: Other Programs Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement Subtitle A: Consent Decrees and Non-Participating Manufacturers Subtitle B: State Enforcement Title VII: Provisions Relating to Tobacco-Related Civil Actions Title VIII: Public Disclosure of Health Research Title IX: Assistance to Tobacco Growers and Communities Subtitle A: Tobacco Community Revitalization Trust Fund Subtitle B: Agricultural Market Transition Assistance Subtitle C: Farmer and Worker Transition Assistance Subtitle D: Immunity Title X: Effective Dates and Other Provisions Universal Tobacco Settlement Act - Title I: Regulation of the Tobacco Industry - Subtitle A: Restriction on Marketing and Advertising - Prohibits tobacco product (including smoke and smokeless products) advertising: (1) outdoors; (2) in any arena or stadium where athletic, musical, artistic, or other social or cultural activities occur; (3) using a human image or cartoon character; and (4) subject to exception, using the Internet or at the point of sale. (Sec. 102) Prohibits using a trade or brand name of a nontobacco product for a cigarette or smokeless product unless the name was on both products before 1995. Specifies the media and locations in which advertising is allowed and requires prior notification to the Commissioner of Food and Drugs describing the medium and the extent to which the advertising or labeling may be seen by individuals under 18 years old. Prohibits paid product placement in television programs, motion pictures, or video games. Prohibits direct or indirect payments to promote tobacco product image or use through print or film media that appeals to individuals under 18 years old or through a live performance that appeals to those individuals. (Sec. 103) Sets forth format and content requirements for labeling and advertising. (Sec. 104) Requires advertisers to include the product's established name and a statement of intended use. (Sec. 105) Prohibits: (1) selling any item (other than tobacco products) or service bearing a brand name or any other indicia of product identification similar to those used for tobacco products; (2) any gift to tobacco purchasers; and (3) sponsorship (except under the corporate name) of any athletic, musical, artistic, or other social or cultural event, entry, or team in which any indicia of product identification similar to those used for tobacco products is used. Requires a product whose label bears a description such as "light" or "low tar" to state that the product has not been shown to be less hazardous than another product of that type. Subtitle B: Warnings, Labeling, and Packaging - Mandates certain warning statements for cigarette and smokeless tobacco packages and advertising. (Sec. 114) Considers violations to be a violation of the Federal Trade Commission Act and mandates a monetary penalty. (Sec. 115) Prohibits any Federal agency or any State or local statute or regulation requiring any other statements. (Sec. 116) Mandates a biennial report by the Secretary of Health and Human Services to the Congress on tobacco and health education, tobacco use, health effects, and appropriate further research. Requires a biennial report by the Federal Trade Commission on tobacco sales, advertising, and marketing practices. (Sec. 117) Exempts exports (except for the U.S. armed forces) from this subtitle. (Sec. 118) Repeals the Federal Cigarette Labeling and Advertising Act and the Comprehensive Smokeless Tobacco Health Education Act of 1986. Subtitle C: Restriction on Access to Tobacco Products - Prohibits retailers from distributing a tobacco product to any individual under 18 years old. Requires, subject to exception, face-to-face exchange. Prohibits out-of-package distribution. (Sec. 122) Sets a minimum package size of 20 cigarettes. Prohibits distribution of tobacco products as free samples or, subject to exception, through a vending machine or self-service display. Subtitle D: Licensing of Retail Tobacco Sellers - Mandates a program requiring a State or local license to sell or otherwise distribute tobacco products to consumers. Requires States, in order to receive block grants under specified provisions of this Act, to have laws meeting the standards of this subtitle. (Sec. 132) Requires a separate license for each place of business. Allows an annual licensing fee. (Sec. 133) Establishes criminal penalties for distribution without a license and civil penalties for licensing violations. (Sec. 134) Mandates a Federal licensing program applicable to any Federal entity or on any Federal property. Treats an Indian tribe as a State in applying this subtitle. Subtitle E: Regulation of Tobacco Product Development and Manufacturing - Amends the Federal Food, Drug, and Cosmetic Act (FDCA) to include tobacco products in the definitions of "drug" and "device" (designating each a class II device) and exclude each from the definition of "new drug." Adds other definitions related to tobacco. (Sec. 143) Creates a new FDCA title on tobacco products. Mandates tobacco product regulations, but prohibits a regulation that prohibits the sale and distribution of a tobacco product solely on the basis that tobacco causes disease. Mandates tobacco performance standards, including provisions to require product modification to minimize illness or injury resulting from use, including the components that produce dependence. Prohibits the standards from: (1) except as provided below, requiring the elimination of nicotine from tobacco products; or (2) having the effect of prohibiting the sale and distribution, to individuals over age 18, of traditional tobacco products. Establishes the Scientific Advisory Committee to assist in establishing, amending, or revoking a performance standard. Allows a standard that involves the gradual reduction of nicotine and the reduction or elimination of other constituents or harmful components. Sets a limit on the amount of tar. Prohibits a standard eliminating nicotine until 12 years after enactment of this Act, allowing elimination after then if certain requirements are met. Mandates regulations for the testing, reporting, and disclosure of certain smoke constituents. Allows requiring label and advertising disclosures. Deems tobacco products misbranded if there are claims of reduced health risk, unless proven by scientific evidence. Requires a manufacturer to: (1) notify the Commissioner of any technology that would reduce risk; and (2) permit licensing of the technology to other manufacturers. Provides for licensing fees. Allows the Commissioner, on determining that the manufacture of a less hazardous product is feasible, to require manufacturers having such a technology to either manufacture the less hazardous products or license the technology's use by other manufacturers. Requires the Commissioner, if no manufacturer agrees to manufacture less hazardous products, to provide for the manufacture of the products through the Public Health Service. Allows good manufacturing practice regulations, but prohibits placing burdens on tobacco producers in excess of the burdens placed on other agricultural commodity producers. Mandates: (1) disclosures to the Secretary of nontobacco substances; (2) manufacturer's safety assessments for each substance; and (3) regulations prohibiting substances if no safety assessment is submitted or the Secretary disapproves of its safety. Regulates public disclosure. Declares inapplicable to tobacco products FDCA provisions regarding: (1) drugs and devices that endanger health when used as directed; (2) banned devices, (3) notification and other remedies; and (4) control of devices intended for human use. Subtitle F: Compliance Plans and Corporate Culture - Requires manufacturers to: (1) submit annually a plan to ensure compliance with Federal, State, and local tobacco laws; and (2) have compliance programs. (Sec. 153) Prohibits reprisals against employee whistleblowers, authorizing enforcement through civil actions. (Sec. 154) Regulates actions of lobbyists for tobacco product manufacturers, distributors, and retailers. (Sec. 155) Requires tobacco manufacturers, distributors, and retailers to terminate the Tobacco Institute and the Council for Tobacco Research, U.S.A. Regulates the trade or industry organizations tobacco product manufacturers, distributors, and retailers may form or participate in. (Sec. 156) Authorizes a civil monetary penalty against manufacturers for violations of this subtitle. Title II: Reduction in Underage Tobacco Use - Provides for the determination of the underage use base percentages for cigarettes and smokeless tobacco. (Sec. 203) Directs the Secretary to: (1) annually determine the average annual incidence of daily tobacco product use by individuals under 18; and (2) determine whether specified percentage reductions have been achieved. (Sec. 205) Mandates a surcharge on manufacturers if the reduction has not been achieved. Makes the surcharge a joint and several obligation of all manufacturers as allocated by their market share. Allows abatement petitions. Title III: Standards to Reduce Involuntary Exposure to Tobacco Smoke - Requires that public facilities implement a smoke-free environment policy meeting specified requirements. (Sec. 303) Allows any aggrieved person or any State or local governmental agency to bring an enforcement action. (Sec. 304) Declares that this title does not preempt any Federal, State, or local law providing protection from environmental tobacco smoke. Title IV: National Tobacco Settlement Trust Fund - Establishes the National Tobacco Settlement Trust Fund. Transfers to the Fund surcharges under section 205, payments under section 402, and fines and penalties under section 403. Authorizes appropriations to the Fund, as repayable advances, as necessary to carry out title V and for Food and Drug Administration costs incurred in implementing and enforcing requirements relating to tobacco products. (Sec. 402) Requires each Protocol signatory (see section 612) to make payments to the Fund on enactment of this Act and annually over 25 years. Provides for amount calculations. Requires payors to annually adjust tobacco product prices to reflect the payments. Makes payments ordinary and necessary business expenses for purposes of certain Internal Revenue Code provisions and declares them deductible in the year paid. (Sec. 403) Imposes a penalty on the failure of a signatory to make any required payment. Title V: Public Health and Other Programs - Subtitle A: Public Health Block Grant Program - Establishes the Public Health Trust Fund and appropriates and transfers certain funds to it, making the Fund available for block grants. (Sec. 502) Mandates block grants to States (and, in some circumstances, to Indian tribes) to: (1) reimburse States for expenses under title XIX (Medicaid) of the Social Security Act for treatment of tobacco-related conditions; (2) reimburse States for treatment for tobacco-related conditions; (3) provide health coverage for uninsured individuals under 18; (4) establish a State tobacco products liability judgments and settlement fund; and (5) reimburse States for tobacco licensure expenses. Prohibits using the amounts for projects not approved by the Secretary. Requires each State to establish a fund to make payments to individuals who have obtained a judgment or settlement in a tobacco-related action of the amount of any award that represents punitive damages. (Sec. 505) Mandates withholding funds from States that do not use their allotments in accordance with this subtitle. Subtitle B: Other Programs - Establishes the National Smoking Cessation Program of smoking cessation grants to entities (to administer programs) and individuals (to enroll in a program or purchase a cessation device). (Sec. 512) Establishes the National Reduction in Tobacco Usage Program of grants. (Sec. 513) Establishes the Tobacco-Free Education Board and the National Tobacco-Free Public Education Program, authorizing contracts and grants. (Sec. 514) Establishes the National Event Sponsorship Program, the National Community Action Program, and the National Cessation Research Program, authorizing grants for each program. Title VI: Consent Decrees, Non-Participating Manufacturers, and State Enforcement - Subtitle A: Consent Decrees and Non-Participating Manufacturers - (Sec. 511) Requires a State and a tobacco manufacturer, in order for either to receive payments under certain provisions of this Act, to enter into consent decrees under this section. Requires that the decrees contain terms and conditions to clarify the application and requirements of this Act, including regarding manufacturer interaction only with distributors and retailers operating in compliance with Federal, State, and local laws, and waiver of Federal and State constitutional claims. Requires, for validity, decree approval by the Secretary. Allows a State to bring an action for an injunction only (not for criminal or monetary sanctions). Directs the Secretary to promulgate regulations to ensure the consistency of State court ruling regarding conduct under a consent decree that is not exclusively local. (Sec. 612) Requires manufacturers to enter into a National Tobacco Control Protocol developed by the Secretary as a binding contract embodying this Act, designed to be enforceable in Federal or State courts. (Sec. 613) Prohibits a manufacturer that elects not to enter into a consent decree from receiving liability protections under certain provisions of this Act. Imposes an annual fee on non-participating manufacturers. Requires non-participating manufacturers to make an annual escrow fund deposit to cover liability payments. Allows recovery of any remaining amounts and interest 35 years after the escrow fund is established. Subtitle B: State Enforcement - Prohibits payments to States under title IV unless State law makes it unlawful to distribute tobacco products to individuals under 18 and for such individuals to receive or use tobacco in a public place. Mandates a certain number of monthly inspections. (Sec. 622) Requires States to report annually on tobacco use reduction. (Sec. 623) Presumes a State has not pursued all reasonably available enforcement measures if retail compliance inspections do not show specified compliance percentages by certain times. Authorizes the Secretary to reduce payments to States if the deadlines are not reached. Title VII: Provisions Relating to Tobacco-Related Civil Actions - Terminates, for any manufacturer, distributor, or retailer that is a Protocol signatory, civil actions (commenced by a State or local governmental entity) and class actions when either type of action arises from tobacco product use. Terminates, for signatories, civil actions based on addiction or dependence on a tobacco product. Grants signatories immunity from all three types of actions. Preserves all personal injury claims arising from tobacco product use by an individual. (Sec. 702) Regulates allowed actions relating to conduct before the effective date of this Act, including regarding punitive damages, resolution of cases other than on the basis of individual actions, sharing of liability, severing of actions involving both signatories and nonsignatories, permissible parties, removals, discovery, caps on settlements, and defense costs. (Sec. 703) Regulates actions relating to conduct after enactment of this Act. (Sec. 704) Makes this title inapplicable to nonsignatories. Title VIII: Public Disclosure of Health Research - Requires manufacturers of tobacco products, in order to be eligible to receive certain protections of this Act, acting in conjunction with the Tobacco Institute and the Council for Tobacco Research, U.S.A. (prior to their termination), to establish a National Tobacco Document Depository. Requires the Depository to be open to the public regarding manufacturers' corporate records and research concerning smoking and health, addiction or nicotine dependency, safer or less hazardous cigarettes, and underage tobacco use and marketing. Specifies required Depository contents. Requires the Judicial Conference of the United States to establish a Tobacco Documents Dispute Resolution Panel to resolve all claims of attorney-client, work product, or trade secrets privilege. Title IX: Assistance to Tobacco Growers and Communities - Long-Term Economic Assistance for Farmers Act or the Leaf Act - Subtitle A: Tobacco Community Revitalization Trust Fund - Establishes in the Treasury the Tobacco Community Revitalization Trust Fund to be used for: (1) payments for lost tobacco quota revenue; (2) industry payments for Department of Agriculture tobacco-related costs; (3) tobacco community development grants; (4) tobacco worker transition assistance; and (5) education opportunity grants. (Sec. 912) Sets forth tobacco manufacturer and importer Fund assessment provisions. Subtitle B: Agricultural Market Transition Assistance - Directs the Secretary of Agriculture to make payments to: (1) eligible tobacco quota holders, lessees, and tenants for lost tobacco quota resulting from decreased domestic tobacco production; (2) reimburse the Department for tobacco program-related costs; and (3) States for tobacco community economic development grants. (Sec. 924) Amends the Agricultural Adjustment Act of 1938 to provide for referenda on proposed tobacco quota changes within a State. Amends the Agricultural Act of 1949 to eliminate the tobacco producer, purchaser, or importer marketing assessment. Makes a conforming amendment to the Uruguay Round Agreements Act. Subtitle C: Farmer and Worker Transition Assistance - Sets forth group eligibility requirements under the tobacco worker transition program. Authorizes through a certain date the use of specified Fund amounts for such program. (Sec. 932) Amends the Higher Education Act of 1965 to authorize through a certain date a higher education farmer opportunity grant program for qualifying tobacco farm families. Subtitle D: Immunity - Grants tobacco producers, growers associations, or warehouse owners and employees immunity from any action resulting from a tobacco product manufacturer's, distributor's, or retailer's noncompliance with national tobacco settlement legislation. Title X: Effective Dates and Other Provisions - Declares that this Act applies to the manufacture, distribution, and sale of tobacco products in Indian country and to Indian tribes. Provides for the treatment of tribes under various provisions of this Act. Mandates regulations applying the Federal Food, Drug, and Cosmetic Act to Indian country. (Sec. 1003) Allows State and local governments, to the extent not inconsistent with the purposes of this Act, to impose additional tobacco product control measures to further limit use by minors, but prohibits States from imposing: (1) enforcement requirements conflicting with title VI of this Act; and (2) subject to exception, requirements regarding this Act's application to Indian tribes.

A bill to authorize the Secretary of the Army to carry out a project to protect and enhance fish and wildlife habitat of the Missouri River and the middle Mississippi River.

United States · United States Congress · 7 November 1997

Directs the Secretary of the Interior to develop a plan for a project to protect and enhance fish and wildlife habitat of the Missouri River and middle Mississippi River (from the mouth of the Ohio River to the mouth of the Missouri River). Prohibits such plan from adversely affecting: (1) the water-related needs of the region surrounding such rivers; and (2) private property rights. Requires specified plan activities, and requires such activities to be integrated with other related Federal and State activities. Directs the Secretary to provide for public review and comment on such plan. Requires plan compliance with applicable environmental laws. Provides Federal and non-Federal shares of project costs. Authorizes appropriations for FY 1999 through 2004.

Mercury Environmental Risk and Comprehensive Utilization Reduction Initiative

United States · United States Congress · 7 November 1997

Mercury Environmental Risk and Comprehensive Utilization Reduction Initiative - Amends the Solid Waste Disposal Act (SWDA) to prohibit the sale or offering for sale of an alkaline or lead-acid battery unless the container is clearly labeled with a refund value, to be determined by the Administrator of the Environmental Protection Agency according to class or category. Requires distributors of batteries to collect amounts of refund values from retailers and retailers to collect such amounts from consumers. Establishes procedures for return of refund values (and handling costs) and disposition of refunds that are unclaimed or in excess of amounts collected. Makes amounts of unclaimed refunds available for pollution prevention and recycling programs in the State. Prohibits disposal of such a battery by a retailer or distributor in any landfill or other solid waste disposal facility. Makes the refund program's requirements inapplicable in States with procedures substantially identical to those imposed by this Act or which demonstrate a battery recycling or reuse rate of at least 70 percent. Establishes civil penalties for violations of refund program requirements. Prohibits, with stated exceptions, the intentional introduction of mercury to packaging or a packaging component during manufacturing or distribution. Sets threshold levels for mercury presence in packaging or components. Requires manufacturers and suppliers to furnish certificates of compliance to purchasers and make such certificates available, upon request, to the public. Establishes civil penalties for violation of these prohibitions. Amends the Federal Insecticide, Fungicide, and Rodenticide Act to prohibit the Administrator from registering or reregistering any fungicide containing phenylmercuric acetate and cancels existing registrations of such fungicides. Requires the Administrator to study and report to the Congress on the use and disposal of mercury by the Department of Defense. Requires the Secretary of Defense to submit a program to the Congress for reducing mercury use in military products. Amends SWDA to prohibit Federal agencies, State and local governments, and other waste management jurisdictions, after December 31, 1998, from issuing a permit or other prior approval for the construction or expansion of a municipal solid waste incinerator unless the applicant completes an environmental impact statement. Requires State solid waste plans to provide for separation, for recycling purposes, of mercury-containing items to be listed by the Administrator, including batteries, fluorescent light bulbs, electrical switches, and thermostats. Amends the Clean Air Act to remove an exemption of electric utility steam generating units from the applicability of standards promulgated by the Administrator regarding certain hazardous air pollutants. Requires as part of a permit program administered by an air pollution control agency, in the case of such generating units and municipal and medical waste incinerators, the imposition of an additional fee of $500 per pound of mercury emissions from the unit or a greater amount determined to be necessary to cover the costs of a program to research technologies to reduce mercury emissions and remediate mercury contamination. Requires the Secretary of Health and Human Services, through the Food and Drug Administration, to: (1) compile a list of drugs and foods containing intentionally introduced mercury compounds, together with a quantitative and qualitative analysis of such compounds; and (2) study the effect on humans of the use of such compounds in nasal sprays.

Sound Science for the Environment Act

United States · United States Congress · 7 November 1997

Sound Science for the Environment Act - Authorizes and directs the National Science Foundation (NSF) to establish a National Institute for the Environment to: (1) initiate, facilitate, and perform comprehensive assessments of the current state of knowledge of environmental issues and their implications; (2) establish a Center for Environmental Assessment; (3) award competitively grants and contracts for extramural scientific research; (4) establish an Office of Research and a universally accessible National Library for the Environment; and (5) sponsor education and training of environmental scientists and professionals and improve public environmental literacy. Establishes a Board of Governors for the Institute. Requires the Institute to be operated by a nonprofit organization under contract with the NSF. Provides for interagency acquisition of information and requires the Committee on Environment and Natural Resources of the National Science and Technology Council or an equivalent body to serve as an Interagency Advisory Committee to ensure that the scientific efforts of the Institute and Federal agencies are complementary. Makes scientists, engineers, and other researchers eligible to receive funding from the Institute. Authorizes appropriations.

Tropical Forest Conservation Act of 1998

United States · United States Congress · 7 November 1997

Tropical Forest Conservation Act of 1998 - Amends the Foreign Assistance Act of 1961 to establish a Tropical Forest Facility in the Department of the Treasury to provide for the administration of debt reduction in accordance with this Act. Makes eligible for Facility benefits developing countries with tropical forests that: (1) meet certain requirements applicable to Latin American and Caribbean countries for eligibility for Enterprise for the Americas Facility benefits; and (2) have put in place major investment reforms in conjunction with international development bank loans or are making progress toward open investment regimes. Authorizes the President to: (1) reduce debt owed to the United States (outstanding as of January 1, 1997) by eligible countries as a result of concessional loans made under the Foreign Assistance Act of 1961 or predecessor foreign economic assistance legislation or credits extended under the Agricultural Trade Development and Assistance Act of 1954; and (2) sell to any eligible purchaser any loan or portion of a loan made before such date to any eligible country pursuant to the Export-Import Bank Act of 1945 or, on receipt of payment from an eligible purchaser, to reduce or cancel such loan. Authorizes appropriations. Authorizes the Secretary of State to enter into a Tropical Forest Agreement with any eligible country concerning the operation and use of the Tropical Forest Fund required to be established by a country to receive payments of interest on new obligations issued under this Act. Requires Funds to be used to provide grants to preserve, maintain, and restore tropical forests in beneficiary countries. Provides that grants shall be made to: (1) nongovernmental environmental, conservation, and indigenous peoples organizations in beneficiary countries; (2) other appropriate local or regional entities; and (3) governments of such countries, in exceptional circumstances. Makes grants of more than $100,000 subject to veto by the U.S. Government or the government of the beneficiary country. Establishes a Tropical Forest Board to: (1) advise the Secretary of State on the negotiations of Tropical Forest Agreements; (2) ensure that a suitable administering body is identified for each Fund; and (3) review the programs, operations, and fiscal audits of each administering body. Requires the President to report annually to the Congress on the Facility.

Pflanzenschutzmittelgesetz 1997

Austria · National Council · 6 November 1997

Schriftliche Anfrage der Abgeordneten Andreas Wabl und Genossen an den Bundesminister für Land- und Forstwirtschaft betreffend Pflanzenschutzmittelgesetz 1997

Pflanzenschutzmittelgesetz 1997

Austria · National Council · 6 November 1997

Schriftliche Anfrage der Abgeordneten Andreas Wabl und Genossen an den Bundesminister für Umwelt, Jugend und Familie betreffend Pflanzenschutzmittelgesetz 1997

Pflanzenschutzmittelgesetz 1997

Austria · National Council · 6 November 1997

Schriftliche Anfrage der Abgeordneten Andreas Wabl und Genossen an die Bundesministerin für Frauenangelegenheiten und Verbraucherschutz betreffend Pflanzenschutzmittelgesetz 1997

A bill to facilitate the remediation of contaminated sediments in the waters of the United States.

United States · United States Congress · 6 November 1997

Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to require the Administrator of the Environmental Protection Agency to establish final numerical sediment quality criteria for the ten toxic, persistent, or bioaccumulative substances that are most likely to adversely affect human health and the environment. Provides for review and revision of the list of such substances every three years. Directs the Administrator to revise the hazard ranking system (part of the national hazardous substance response plan under CERCLA) to ensure that the system more accurately assesses the health and environmental risks from aquatic sites with contaminated sediments (as such term is applied under provisions of the Federal Water Pollution Control Act (Clean Water Act) dealing with contaminated sediments in the Great Lakes). Prohibits such assessment from including consideration of costs of carrying out response actions or requiring identification of the source of a hazardous substance release. Authorizes the Administrator to expend up to $3 million per fiscal year out of the Hazardous Substance Superfund to carry out response and other corrective actions at facilities containing contaminated sediments (as such term is applied under the Clean Water Act provisions). Requires the Administrator, from the national survey of data regarding aquatic sediment quality conducted under the Water Resources Development Act of 1992, to identify the 20 facilities containing contaminated sediments (as such term is applied under the Clean Water Act provisions) that are most likely to adversely affect health and the environment and that have not been the subject of Federal or State response actions or other corrective actions. Directs the Administrator to prepare and submit to the Congress a comprehensive scoring package under the hazard ranking system for each facility unless a State or remedial action planning committee objects to the assessment necessary for scoring in an area or watershed under its jurisdiction. Provides that criteria for determining priorities among hazardous substance releases for purposes of taking remedial action shall not be based on the extent to which the President can identify potentially responsible parties or specific sources of a release. Requires the Administrator to report to the Congress on the extent to which the hazard ranking system (as revised in 1990) has achieved certain objectives regarding accurate assessment of health and environmental risks posed by facilities and water contamination risks.

Förderung erneuerbarer Energiequellen

Austria · National Council · 5 November 1997

Schriftliche Anfrage der Abgeordneten Johann Schuster und Genossen an den Bundesminister für wirtschaftliche Angelegenheiten betreffend Förderung erneuerbarer Energiequellen