PUBLIC LAW 95-92, 91 STAT. 614, INTERNATIONAL SECURITY ASSISTANCE ACT
OF 1977.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act // 22 USC 2151 // may be cited as the "
International Security Assistance Act of 1977".
Sec. 2. Section 451 (a) of the Foregin Assistance Act of 1961 // 22
USC 2261 // is amended by striking out "for the fiscal year 1976 not to
exceed $5,000,000 and for the fiscal year 1977 not to exceed $5,000,000"
and inserting in lieu thereof "for the fiscal year 1978 not to exceed
$5,000,000".
Sec. 3. Section 482 of the Foreign Assistance Act of 1961 // 22 USC
2291a. // is amended to read as follows:
" Sec. 482. AUTHORIZATION.- To carry out the purposes of section
481, there are authorized to be appropriated to the President
$39,000,000 for the fiscal year 1978. Amounts appropriated under this
section are authorized to remain available until expended.".
Sec. 4. Chapter 10 of part I of the Foreign Assistance Act of 1961
is amended by adding at the end thereof the following new section:
" Sec. 497. BALANCE OF PAYMENTS LOAN FOR PORTUGAL. --(a) In
recognition of the established interest of the United States in
fostering a democratic government in Portugal, in maintaining the
strength of the North Atlantic Treaty Organization alliance, and in
supporting European economic recovery, the purpose of this section is to
provide essential balance of payments assistance to Portugal.
"(b) The President is authorized to make balance of payments support
loans to Portugal as part of a special international effort to assist
that country in the development and implementation of a program to gain
financial stability and economic recovery.
"(c) There are authorized to be appropriated to the President not to
exceed $300,000,000 for the fiscal year 1978 to carry out the purposes
of this section, which amount is authorized to reamin available until
expended.".
Sec. 5. (a) Section 504(a) of the Foreign Assistance Act of 1961 //
22 USC 2312 // is amended to read as follows:
"(a)(1) There are authorized to be appropriated to the President to
carry out the purposes of this chapter not to exceed $228,8900,000 for
the fiscal year 1978. Not more than the following amounts of funds
available to carry out this chapter may be allocated and made available
for assistance to each of the following countries for the fiscal year
1978:
" Greece $33,000,000
Portugal 25,000,000
Spain 15,000,000
Turkey 48,000,000
Jordan 55,000,000
Indonesia 15,000,000
Phlippines 19,000,000
Thailand 8,000,000 The amount specified in this paragraph for
military assistance to any such country for the fiscal year 1978 may be
increased by not more than 10 per centum of such amount if the President
deems such increase necessary for the purposes of this chapter.
"(2) Except with respect to costs incurred under the authority of
section 516(b) or as otherwise specifically authorized by law, none of
the funds available for assistance under this chapter may be used to
provide assistance to any recipient other than the countries specified
in paragraph (1).
"(3) The authority of section 610 (a) and of section 614(a) may not
be used to increase any amount specified in paragraph (1) or to waive
the limitations of paragraph (2).
"(4) Amounts appropriate under this subsection are authorized to
remain available until expended".
(b) Section 516(b) of the Foreign Assistance Act of 1961 // 22 USC
2321j. // is amended by striking out "paragraphs (2) and (3)" and
inserting in lieu thereof "paragraph (2)".
Sec. 6. Section 514(b)(2) of the Foreign Assistance Act of 1961 // 22
USC 2321h. // is amended by striking out "$93,750,000 for the period
beginning July 1, 1975, and ending September 30, 1976, and $125,000,000
for the fiscal year 1977" and inserting in lieu thereof "$270,000,000
for the fiscal year 1978".
Sec. 7. (a) Section 515 of the Foreign Assistance Act of 1961 // 22
USC 2321i. // is amended to read as follows:
" Sec. 515. OVERSEAS MANAGEMENT OF ASSISTANCE AND SALES PROGRAMS.
--(a) No military assistance advisory group, military mission, or other
organization of United States military personnel performing similar
military advisory functions under this Act or the Arms Export Control
Act // 22 USC 2751 // may operate in any foreign country unless
specifically authorized by the Congress. The prohibition contained in
this subsection does not apply to regular units of the Armed Forces of
the United States engaged in routine functions designed to bring about
the standardization of military operations and procedures between the
Armed Forces of the United States and countries which are members of the
North Atlantic Treaty Organization or other defense treaty allies of the
United States.
"(b)(1) In order to carry out his responsibilities for the management
during the fiscal year 1978 of internation security assistance programs
conducted under this chapter, // 22 USC 2347. // under chapter 5 of
this part, or under the Arms Export Control Act, the President may
assign members of the Armed Forces of the United States to perform
necessary functions with respect to such programs in the countries
specified in section 504(a)(1) and in the Republic of Korea, Panama,
Brazil, Morocco, Iran, Kuwait, and Saudi Arabia. Members of the Armed
Forces assigned under this subsection shall have as their primary
functions logistics management, transportation, fiscal management, and
contract administration of country programs. It is the sense of the
Congress that advisory and training assistance in the countries
specified above shall primarily be provided by personnel who are not
assigned under this subsection and who are detailed for limited periods
to perform specific tasks.
"(2) The total number of members of the Armed Forces assigned under
this subsection to each country specified in paragraph (1) of this
subsection may not exceed the number justified to the Congress in the
congressional presentation materials, unless the Committee on Foreign
Relations of the Senate and the Committee on International Relations of
the House of Representatives are so notified.
"(3) Members of the Armed Forces authorized to be assigned to Iran,
Kuwait, and Saudi Arabia by paragraph (1) of this subsection may only be
assigned to such countries on a fully reimbursable basis under section
21(a) of the Arms Export Control Act, // 22 USC 2761 // except that this
requirement shall apply only to the extent that the number of members of
the Armed Forces assigned to each such country exceeds six.
"(c) The President may assign not to exceed three members of the
Armed Forces to any country not specified in subsection (b)(1) to
perform accounting and other management functions with respect to
international security assistance programs conducted under this chapter,
chapter 5 of this part, or under the Arms Export Control Act, // 22 USC
2347, 2751 // except that not to exceed three additional members of the
Armed Forces may be assigned to a country to perform such functions when
specifically requested by the Chief of the Diplomatic Mission as
necessary to the efficient operation of the Mission.
"(d) The total number of members of the Armed Forces assigned to
foreign countries under subsections (b) and (c) may not exceed 865 for
the fiscal year 1978.
"(e) Members of the Armed Forces assigned to a foreign country under
subsection (b) or (c) shall serve under the direction and supervision of
the Chief of the United States Diplomatic Mission in that country.
"(f) Defense attaches may perform overseas management functions
described in this section only if the President determines that the
performance of such functions by defense attaches is the most economic
and efficient means of performing such functions. The President shall
promptly report each such determination to the Speaker of the House of
Representatives and to the chairman of the Senate Committee on Foreign
Relations and the chairman of the Senate Committee on Armed Services,
together with a description of the number of personnel involved and a
statement of the reasons for such determination. The number of defense
attaches performing overseas management functions in a country under
this subsection may not exceed the number of defense attaches authorized
to be assigned to that country on December 31, 1976.
"(g) The entire costs (including salaries of United States military
personnel) of overseas management of international security assistance
programs under this section shall be charged to or reimbursed from funds
made available to carry out this chapter, including any such costs which
are reimbursed from charges for services collected from foreign
governments pursuant to sections 21(e) and 43(b) of the Arms Export
Control Act. // 22 USC 2761. // The prohibition contained in subsection
(a) of this section and the numerical limitations, contained in
subsections (b), (c), and (d) of this section shall not apply to members
of the Armed Forces performing services for specific purpose and periods
of time on a fully reimbursable basis under section 21(a) of the Arms
Export Control Act.".
(b) Section 516 (a) of the Foreign Assistance Act of 1961 // 22 USC
2321j. // is amended by striking out "515(b)(2)" and inserting in lieu
thereof "515".
(c) Section 631(d) of the Foreign Assistance Act of 1961 // 22 USC
2391.// is amended--,
(1) by striking out "this Act" and inserting in lieu thereof
"part I of this Act"; and
(2) by striking out all that follows after "economic officer of
the mission" and inserting a period in lieu thereof.
(d) Section 43(b) of the Arms Export Control Act // 22 USC 2972. //
is amended to read as follows:
"(b) Charges for administrative services calculated under section
21(e)(1)(A) of this Act shall include recovery of administrative
expenses incurred by any department or agency of the United States
Government, including any mission or group thereof, in carrying out
functions under this Act when--,
"(1) such functions are primarily for the benefit of any
foreign country; and
"(2) such expenses are not directly and fully charged to, and
reimbursed from amounts received for, sale of defense services
under section 21(a) of this Act".
Sec. 8. (a) Section 531 of the Foreign Assistance Act of 1961 // 22
USC 2346. // is amended--,
(1) by strking out in the last sentence thereof " The" and
inserting in lieu thereof " Except for programs in southern
Africa, the"; and
(2) by adding at the end thereof the following new sentence: "
In planning security supporting assistance programs intended for
economic development, the President shall take into account to the
maximum extent feasible the policy directions set forth in chapter
1 of part I of this Act.". // 22 USC 2151. //
(b) Section 532 of the Foreign Assistance Act of 1961 // 22 USC
2346a. // is amended to read as follows:
" Sec. 532. AUTHROIZATION. --(a)(1) There are authorized to be
appropriated to the President to carry out the purposes of this chapter
for the fiscal year 1978 not to exceed $1,890,000,000, of which not less
than the following amounts shall be available only for the following
countries:
" Israel $785,000,000
Egypt 750,000,000
Jordan 93,000,000
Syria 90,000,000
Lebanon 20,000,000
Cyprus 15,000,000
"(2) Of the amount authorized to be appropriated by paragraph (1) for
the fiscal year 1978 which is available for Israel, not less than
$3000,000,000 shall be available only for budgetary support on a grant
basis.
"(b) Amounts appropriated under this section are authorized to remain
available until expended.".
(c) Chapter 4 of part II of such Act is amended by adding at the end
thereof the following new section:
" Sec. 533. // 22 USC 2346b. // SOUTHERN AFRICAN SPECIAL
REGUIREMENTS FUNDS. --(a) (1) Of the funds authorized to be
appropriated by section 532 for the fiscal year 1978, $80,000,000 shall
be available only for the countries of southern Africa to address the
problems caused by the economic dislocation resulting from the conflict
in that region, and for education and job training assistance for
Africans from Namibia and Zimbabwe (Southern Rodesia). Such funds may
be used to provide assistance to African refugees and persons displaced
by war and internal strife in southern Africa, to improve transportation
links interrupted or jeopardized by regional political conflicts, and to
provide trade credits for the purchase of United States products to
those countries in the region adversely affected by blocked outlets for
their exports and by the overall strains of the world economy.
"(2) Of the funds made available under this section, not more than
the following amounts may be made available for the following:
" Botswana $15,000,000
Lesotho 15,000,000
Swaziland 5,000,000
Regional programs for education,
training, and regfugee assistance 45,000,000
"(3) To the extent practicable consistent with the purposes specified
in paragraph (1), assistance under this section should be used to meet
the objectives set forth in sections 102 (c) and (d) and in other
sections of chapter 1 of part I of this Act. // 22 USC 2151 //
"(4) Before obligating any funds under this section, // 22 USC 2151
// the President shall notify the Speaker of the House of
Representatives and the chairman of the Committee on Foreign Relations
of the Senate with respect to the specific projects and programs for
which such funds will be used.
"(b) Of the funds made available under subsection (a) of this section
for regional programs, not to exceed $1,000,000 may be used by the
President for the preparation of a comprehensive analysis of the
development needs of southern Africa to enable the Congress to determine
what contribution United States foreign assistance can make.
"(c)(1) None of the funds made available under this section may be
used for military, guerrilla, or paramilitary activities in any country.
"(2) No assistance may be furnished under this section to Mozambique,
Angola, Tanzania, or Zambia, except that the President may waive this
prohibition with respect to any such country if he determines (and so
reports to the Congress) that furnishing such assistance to that country
would further the foreign plicy interests of the United States.
"(d) It is the sense of the Congress that the United States should
support an internationally recognized constitutional settlement of the
Rhodesian conflict leading promptly tomajority rule based upon
democratic principles and upholding basic human rights. The Congress
declares its intent to support United States participation in a Zimbabwe
Development Fund. The Congress intends to authorize the necessary
appropriation when progress toward such an internationally recognized
settlement would permit establishment of the Fund.".
Sec. 9. // 22 USC 2346 // (a) It is the sense of the Congress that
the security supporting assistance program for Egypt plays an important
role in the Middle East peace effort and that the Executive branch
should concentrate its efforts in order to make the program a success.
(b) In furtherance of the policy expressed in subsection (a), the
Secretary of State shall convene a Special Interagency Task Force
(hereafter in this section referred to as the " Task Force") to review
and prepare a study on the security supporting assistance program for
Egypt. The Task Force may employ consultants for the purpose of
carrying out such study.
(c)(1) The Task Force shall review planned United States economic
assistance to Egypt and shall suggest alternatives to such assistance.
In carrying out this paragraph, the Task Force shall consider--,
(A) the interrelationship of United States and Egyptian
economic and political interests;
(B) the possibility of emphasizing programs designed to enhance
the opportunities in the Egyptian private business and agriculture
sectors, with special emphasis on low-cost approaches to expeidte
development; and
(C) to the extent appropriate, the views of Egyptian economists
and government officals.
(2) Based on an analysis of the considerations described in paragraph
(1) and on such other considerations as it may find to be relevant, the
Task Force shall develop a plan for the use of future Unted States
economic assistance to Egypt. Such plan shall include where necessary,
suggestions for revising legislation, for specific development projects,
and for the staff requirements of the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961. // 22 USC
2151 //
(d)(1) In carrying out its responsibilities under paragraphs (1) and
(2) of subsection (c), the Task Force shall consult, on a regular basis,
with the Committee on Foreign Relations of the Senate and the Committee
on International Relations of the House of Representatives.
(2) The Task Force shall transmit the plan developed pursuant to
subsection (c)(2) to the Speaker of the House of Representatives and the
chairman of the Committee on Foreign Relations of the Senate not later
than February 15, 1978.
(e) Not to exceed $75,000 of the funds authorized and earmarked for
security supporting assistance to Egypt in the fiscal year 1977 shall be
available to carry out this section.
Sec. 10. Section 542 of the Foreign Assistance Act of 1961 // 22 USC
2347a. // is amended by striking out $27,000,000 for the fiscal year
1976 and $30,200,000 for the fiscal year 1977" and inserting in lieu
thereof "$31,000,000 for the fiscal year 1978".
Sec. 11. Chapter 1 of part III of the Foreign Asistance Act of 1961
is amended by adding at the end thereof the following new section:
" Sec. 620 B. // 22 USC 2372. // PROHIBITION AGAINST ASSISTANCE AND
SALES TO ARGENTINA.- After September 30, 1978-,
"(1) no assistance may be furnished under chapter 2, 4, or 5 of
part II of this Act
// 22 USC 2311, 2346, 2347. //
to Argentina;
"(2) no credits (including participation in credits) may be
extended and no loan may be guaranteed under the Arms Export
Control Act
// 22 USC 2751 //
with respect to Argentina;
"(3) no sales of defense articles or services may be made under
the Arms Export Control Act to Argentina; and
"(4) no export licenses may be issued under section 38 of the
Arms Export Control Act
// 22 USC 2778. //
to or for the Government of Argentina.".
DETONATIONS
Sec. 12. Chapter 3 of part III of the Foreign Assistance Act of 1961
// 22 USC 2429 // is amended by striking out section 669 and inserting
in lieu thereof the following new sections:
" Sec. 669. NUCLEAR ENRICHMENT Transfers.-(a) Except as provided in
subsection (b), no funds authorized to be appropriated by this Act // 22
USC 2751 // or the Arms Export Control Act may be used for the purpose
of providing economic assistance, providing military or security
supporting assistance or grant military education and training, or
extending military credits or making guarantees, to any country which,
on or after the date of enactment of the International Security
Assistance Act of 1977, delivers nuclear enrichment equipment,
materials, or technology to any other country, or receives such
equipment, materials, or technology from any other country, unless
before such delivery--,
"(1) the supplying country and receiving country have reached
agreement to place all such equipment, materials, or technology,
upon delivery, under multilateral auspices and management when
available; and
"(2) the recipient country has entered into an agreement with
the International Atomic Energy Agency to place all such
equipment, materials, technology, and all nuclear fuel and
facilities in such country under the safeguards system of such
Agency.
"(b)(1) Notwithstanding the subsection (a) of this section, the
President may furnish assistance which would otherwise be prohibited
under such subsection if he determines and certifies in writing to the
Speaker of the House of Prepresentatives and the Committee on Foreign
Relations of the Senate that--,
"(A) the termination of such assistance would have a serious
adverse effect on vital United States interests; and
"(B) he has received reliable assurances that the country in
question will not acquire or develop nuclear weapons or assist
other nations in doing so.
Such certification shall set forth the reasons supporting such
determination in each particular case.
"(2) Any joint resolution which would terminate or restrict
assistance described in subsection (a) with respect to a country to
which the prohibition in such subsection applies shall, if introduced
within thirty days after the transmittal of a certification under
paragraph (1) of this subsection with respect to such country, be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976. // 90 Stat. 765. //
" Sec. 670. // 00 USC 2429a. // NUCLEAR REPROCESSING TRANSFERS AND
NUCLEAR DETONATIONS. --(a) Except as provided in subsection (b), no
funds authorized to be appropriated by this Act // 22 USC 2751 // or the
Arms Export Control Act may be used for the purpose of providing
economic assistance, providing military or security supporting
assistance or grant military education and training, or extending
military credits or making guarantees, to any country which on or after
the date of enactment of the International Security Assistance Act of
1977-,
"(1) delivers nuclear reprocessing equipment, materials, or
technology to any other country or receives such equipment,
materials, or technology from any other country (except for the
transfer of reprocessing technology associated with the
investigation, under international evaluation programs in which
the United States participates, of technologies which are
alternatives to pure plutonium reprocessing); or
"(2) is not a nuclear-weapon state as defined in article IX(3)
of the Treaty on the Non-Proliferation of Nuclear Weapons
// 21 UST 483. //
and which detonates a nuclear explosion device.
"(b)(1) Notwithstanding subsection (a) of this section, the President
may furnish assistance which would otherwise be prohibited under such
subsection if he determines and certifies in writing to the Speaker of
the House of Representatives and the Committee on Foreign Relations of
the Senate that the termination of such assistance would be seriously
prejudicial to the achievement of United States nonproliferation
objectives or otherwise jeopardize the common defense and security. The
President shall transmit with such certification a statement setting
forth the specific reasons thereof.
"(2) Any joint resolution which would terminate or restrict
assistance described in subsection (a) with respect to a country to
which the prohibition in such subsection applies shall, if introduced
within thirty days after the transmittal of a certification under
paragraph (1) of this subsection with respect to such country, be
considered in the Senate in accordance with the provisions of section
601(b) of the International Security Assistance and Arms Export Control
Act of 1976.". // 90 Stat. 765. //
Sec. 13. Section 903 of the Foreign Assistance Act of 1961 // 22 USC
2443. // is amended--,
(1) in subsection (a), by striking out "for the fiscal year of
1976 not to exceed $50,000,000 and for the fiscal year 1977 not to
exceed $35,000,000" and inserting in lieu thereof "for the fiscal
year 1978 not to exceed $25,000,000 of which not less than
$12,200,000 shall be available only for the Sinai support
mission,";
(2) in subsection (b)--,
(3) in subsection (e), by striking out "1977" and inserting in
lieu thereof "1978".
Sec. 14. // 22 USC 2406 // None of the funds made available to carry
out the Foreign Assistance Act of 1961 // 22 USC 2151 // for the fiscal
year 1978 may be used to finance the construction of, the operation or
maintenance of, or the supply of fuel for, any nuclear powerplant under
an agreement for cooperation between the United States and any other
country.
Sec. 15. Section 3(b) of the Arms Export Control Act // 22 USC 2753.
// is repealed.
Sec. 16. Section 3(d) of the Arms Export Control Act is amended--,
(1) by striking out ",30 days prior to giving such consent," in
the text preceding paragraph (1);
(2) by redesignating such section as section 3(d)(1) and
redesignating paragraphs (1) through (5) thereof as subparagraphs
(A) through (E), respectively; and
(3) by adding the following new paragraph at the end thereof:
"(2) Unless the President states in the certification submitted
pursuant to this subsection that an emergency exists which requires that
consent to the proposed transfer become effective immediately in the
national security interests of the United States, such consent shall not
become effective until 30 calendar days after the date of such
submission and such consent shall become effective then only if the
Congress does not adopt, within such 30-day period, a concurrent
resolution disapproving the proposed transfer.".
Sec. 17. Section 3(d) of the Arms Export Control Act, as amended by
section 1l of this Act, is further amended by adding the following new
paragraph at the end thereof:
"(3) This subsection shall not apply--,
"(A) to transfers of maintenance, repair, or overhaul defense
services or of the repair parts or other defense articles used in
furnishing such services, if the transfer will not result in any
increase, relative to the orginal specifications, in the military
capability of the defense articles and services to be maintained,
repaired, or overhauled;
"(B) to temporary transfers of defense articles for the sole
purpose of receiving maintenance, repair, or overhaul; or
"(C) to cooperative cross servicing arrangements among members
of the North Atlatic Treaty Organization.".
Sec. 18. Section 3 of the Arms Export Control Act is amended by
adding at the end thereof the following new subsection:
"(f)(1) Unless the President finds that the national security
requires otherwise, he shall terminate all sales, credits, and
guaranties under this Act to any government which aids or abets, by
granting sanctuary from prosecution to, any individual or group which
has committed an act of international terrorism. The President may not
thereafter make or extend sales, credits, or guaranties to such
government until the end of the one year period beginning on the date of
such termination, except that if during its period of ineligibility for
sales, credits, and guaranties pursuant to this section such government
aids or abets, by granting sanctuary from prosecution to, any other
individual or group which has committed an act of international
terrorism, such government's period of ineligibility shall be extended
for an additional year for each such individual or group.
"(2) If the President finds that the national security justifies a
continuation of sales, credits, or guaranties to any government
described in paragraph (1), he shall report such finding to the Speaker
of the House of Representatives and the Committee on Foreign Relations
of the Senate.".
Sec. 19. Section 31 of the Arms Export Control Act // 22 USC 2771.
// is amended-,
(1) in subsection (a), by striking out all in the first
sentence after "not to exceed" the first time it appears and
inserting in lieu thereof $677,000,000 for the fiscal year 1978.".
(2) in subsection (b), by striking out all after "shall not
exceed" the first time it appears and inserting in lieu thereof
"$2,102,350,000 for the fiscal year 1978 of which not less than
$1,000,000,000 shall be available only for Israel."; and
(3) in subsection (c)--,
Sec. 20. Section 38(b)(3) of the Arms Export Control Act // 22 USC
2778 // is amended by adding at the end thereof the following new
sentence: " The prohibition contained in the first sentence of this
paragraph shall not apply to the issuance of licenses under this section
for the export of major defense equipment to Australia, Japan, or New
Zealand, or major defense equipment sold commercially in implementation
of an agreement between the United States Government and the government
of a foreign country for the production of the major defense equipment
to which such licenses relate if the President has submitted a
certificate with respect to such proposed agreement, prior to its
signature, to the Speaker of the House of Representatives and to the
chairman of the Committee on Foreign Relations of the Senate in the same
form as the certification required under section 36(b) of this Act // 22
USC 2776. // and subject to the requirements of such section.".
Sec. 21. // 22 USC 2151 // Authorizations of appropriations and
limitations of authority applicable to the fiscal year 1977 contained in
provisions of law amended by this Act shall not be affected by enactment
of this Act.
Sec. 22. (a) In addition to any amounts authorized to be
appropriated by any amendment made by this Act which may be available
for such purpose, there are authorized to be appropriated such sums as
may be necessary for the fiscal year 1978 to carry out international
agreements relating to defense cooperation with Greece and Turkey.
(b) No funds appropriated under this section may be obligated or
expended to carry out any agreement described in subsection (a) until
legislation has been enacted approving such agreement.
(c) Funds appropriated for the fiscal year 1978 may not be obligated
for assistance to Turkey under chapters 2 and 5 of part II of the
Foreign Assistance Act of 1961, // 22 USC 2311 // other than in
accordance with section 620 (x) of such Act. // 22 USC 2346 //
(d) Section 620(x)(1) of the Foreign Assistance Act of 1961 // 22 USC
2370 // is amended--,
(1) by striking out "for the fiscal year 1976, the period
beginning July 1, 1976, and ending September 30, 1976, and the
fiscal year 1977," and inserting in lieu thereof "for the fiscal
year 1978";
(2) by striking out "(A) during the fiscal year 1976 and the
period beginning July 1, 1976, and ending September 30, 1976, the
total value of defense articles and defense services sold to
Turkey under such Act, either for cash or financed by credits and
guaranties, shall not exceed $125,000,000, and (B) during the
fiscal year 1977," and inserting in lieu thereof "during the
fiscal year 1978"; and
(3) by striking out "$125,000,000" the second place it appears
and inserting in lieu thereof "$175,000,000".
Sec. 23. // 22 USC 2751 // The President shall prepare and submit to
the Congress not later than March 15, 1978, a report on the impact of
United States foreign arms sales and transfers on United States defense
readiness and national security. The report should focus on arms sales
since 1972 and discuss the impact of such sales on United States troops
stationed overseas. The report shall also include an analysis of United
States foreign arms sales and transfers which have involved agreements
entered into by the United States for the purchase or acquisition by the
United States of defense articles, services, or equipment, or other
articles, services, or equipment of any foreign country or international
organization in connection with or as consideration for such United
States foreign arms sales and transfers, including--,
(1) an analysis of the impact such agreements have had upon
United States business concerns which might otherwise have
provided such articles, services, or equipment to the United
States;
(2) an estimate of the costs incurred by the United States in
connection with such agreements compared with the costs which
would otherwise have been incurred;
(3) an estimate of the economic impact and unemployment which
have resulted from such agreements; and
(4) an analysis of whether such costs and such domestic
economic impact have justified entering into such agreements.
Sec. 24. // 22 USC 2751 // (a) The President shall conduct a
comprehensive study of the policies and practices of the United States
Government with respect to the national security and military
implications of international transfers of technology in order to
determine whether such policies and practices should be changed. Such
study shall examine--,
(1) the nature of technology transfer;
(2) the effect of technology transfer on United States
technological superiority;
(3) the rationale for transfers of technology from the United
States to foreign countries;
(4) the benefits and risks of such transfers;
(5) trends in technology transfers by the United States and
other countries;
(6) the need for controls on transfers of technology, including
controls on the use of transferred technology, the effectiveness
of existing end-use controls, and possible unilateral sanctions if
end-use restrictions are violated;
(7) the effectiveness of existing organizational arrangements
in the Executive branch in regulating technology transfers from
the United States;
(8) the adequacy of existing legislation and regulations with
respect to transfers of technology from the United States; and
(9) the possibilities for international agreements with respect
to transfers of technology.
(b) In conducting the study required by subsection (a), the President
shall utilize the resources and expertise of the Arms Control and
Disarmament Agency, the Department of State, the Department of Defense,
the Department of Commerce, the National Science Foundation, the Office
of Science and Technology Policy, and such other entities within the
Executive branch as he deems necessary.
(c) Not later than the end of the one-year period beginning on the
date of enactment of this section, the President shall submit to the
Congress a report setting forth in detail the findings made and
conclusions reached as a result of the study conducted pursuant to
subsection (a), together with such recommendations for legislation and
administrative action as the President deems appropriate.
Sec. 25. // 22 USC 2370 // No assistance of any kind may be furnished
for the fiscal year 1978 for the purpose, or which would have the
effect, or promoting or augmenting, directly or indirectly, any military
or para-military operations in Zaire unless and until the President
determines that such assistance should be furnished in the national
security interests of the United States and submits to the Speaker of
the House of Representatives and the Committee on Foreign Relations of
the Senate a report containing--,
(1) a detailed description of the assistance proposed to be
furnished, including the amounts of such assistance, the
categories and specific kinds of assistance proposed, and the
purposes for which such assistance will be used; and
(2) a certification that the President has determined that the
furnishing of such assistance is important to the national
security interests of the United States and a detailed statement,
in unclassified form, of the reasons supporting such
determination.
Sec. 26. // 22 USC 2751 // In accordance with the historic special
relationship between the United States and Israel and previous
agreements and continuing understandings, the Congress joins with the
President in reaffirming that a policy of restraint in United States
arms transfers, including arms sales ceilings, shall not impair Israel's
deterrent strength or undermine the military balance in the Middle East.
Sec. 27. // 22 USC 2751 // The President shall undertake a review of
all regulations relating to arms control for the purpose of defining and
categorizing lethal and non-lethal products and establishing the
appropriate level of control for each category.
Sec. 28. (a)(1) It is the sense of the Congress that the President
should take all effective measures to assure that the Republic of Korea
is cooperating fully with the investigation (including any resulting
prosecutions) being conducted by the Department of Justice with respect
to allegations of improper activity in the United States by agents of
the Republic of Korea.
(2) Accordingly, the President is requested to report to the
Congress, within ninety days after the date of enactment of this Act and
once during each ninety-day period thereafter while such investigation
(including any resulting prosecutions) is underway, with respect to the
extent to which the Republic of Korea is cooperating with such
investigation.
(b) It is the further sense of the Congress that the President should
take all effective measures to assure that the Republic of Korea is
cooperating fully with the investigations being conducted by committees
of Congress.
Sec. 29. // 22 USC 2431 -- No provision of law shall be construed to
prevent payment of claims of former and present Vietnamese employees of
the Agency for International Development, who presently reside in the
United States, for the conversion of Vietnamese piasters to dollars
because such conversion cannot take place in the territory of the former
Republic of Vietnam or because the official with whom such piasters were
deposited was not a United States disbursing officer.
LEGISLATIVE HISTORY
House REPORTS: No. 95 - 274 (Comm. on International Relations) and
No. 95 - 503 (Comm. of Conference).
SENATE REPORT NO. 95 - 195 accompanying S. 1160 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vo. 123 (1977):
May 23, 24, considered and passed House.
June 15, considered and passed Senate, amended, in lieu of S.
1160.
July 21, House agreed to conference report.
July 22, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug.
5, Presidential statement.
Public Law 95-91, 91 Stat. 565, Department of Energy Organization
Act.
branch by the reorganization of energy functions within the
Federal Government in order to secure effective management to
assure a coordinated national energy policy, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 42 USC
7101 // may be cited as the " Department of Energy Organization Act".
sec. 2. Definitions
Sec. 101. Findings.
Sec. 102. Purposes.
Sec. 103. Relationship with States.
Sec. 201. Establishment.
Sec. 202. Principal officers.
Sec. 203. Assistant Secretaries.
Sec.204. Federal Energy Regulatory Commission.
Sec. 205. Energy Information Administration.
Sec. 206. Economic Regulatory Administration.
Sec. 207. Comptroller General functions.
Sec. 208. Office of Inspectior Gneral.
Sec. 209. Office of Energy Research.
Sec. 210. Leasing Liaison Committee.
Sec. 301. General transfers.
Sec 302. Transfers from the Department of the Interior.
Sec 303. Administration of leasing transfers.
Sec 304. Transfers from the Department of Housing and Urban
Development.
Sec. 305. Coordination with the Department of Transportation.
Sec. 306. Transfer from the Interstate Commerce Commission.
Sec. 307. Transfers from the Department of the Navy.
Sec. 308. Transfers from the Department of Commerce.
Sec 309. Naval reactor and military appliacation programs.
Sec 310. Transfer to the Department of Transportation.
Sec. 401. Appointment and administration.
Sec. 402. Jurisdiction of the Commission.
Sec. 403. Initiation of rulemaking proceedings before Commission
Sec 404. Referral of other rulemaking proceedings to Commission.
Sec 405. Right of Secretary to intervene in Commission procedures.
Sec 406. Reorganization.
Sec. 407. Access to information.
Sec 501. Procedures.
Sec 502. Judicial review.
Sec 50o. Remedial orders.
Sec 504. Requests for adjustments.
Sec. 505. Review and effect.
Sec 601. Definitions.
Sec. 602. Divestiture of energy holdings by supervisory officals.
Sec. 603. Disclosure of energy assets.
Sec. 604. Reports on prior employment.
Sec. 605. Postemployment prohibitions and reporting requirements.
Secl 606. Participation prohibitions.
Sec. 607. Procedures applicable to reports.
Sec. 608. Sanctions.
Sec. 621. Officers and employees.
Sec. 622. Senior positions.
Sec. 623. Experts and consultants.
Sec. 624. Advisory committees.
Sec. 625. Armed services personnel.
Sec. 641. General authority.
Sec. 642. Delegation.
Sec. 643. Reorganization.
Sec 644. Rules.
Sec 645. Subpena.
Sec. 646. Contracts.
Sec 647. Acquisition and maintenance of property
Sec. 648. Facilities construction.
Sec. 649. Use of facilities.
Sec 650. Field offices.
Sec. 651 Copyrights.
Sec. 652. Gifts and bequest.
Sec. 653. Capital fund.
Sec 654. Seal of Department.
Sec. 655. Regional energy advisoryn boards.
Sec. 656. Designation of conversation officers.
Sec. 657. Annual report.
Sec. 658. Leasing report.
Sec. 659. Transfer of funds.
Sec. 660. Authorization of appropriations.
Sec. 701. Transfer and allocations of appropriations and
personnel.
Sec. 702. Effect on personnel.
Sec. 703. Agency terminations.
Sec. 704. Incidental transfers.
Sec. 705. Savings provisions.
Sec. 706. Separability.
Sec. 707. References.
Sec. 708. Presidential authority.
Sec. 709. Amendments.
Sec. 710. Administrative amendments.
Sec. 711. transition.
Sec. 712. Civil Service Commission report.
Sec. 713. Environmental impact statements.
Sec. 801. National energy policy plan.
Sec. 802. Congressional review.
Sec. 901. Effective date.
Sec. 902. Interim appointments.
Sec. 1001. Submission of comprehensive review.
Sec. 1002. Contents of review.
Sec. 2. (a) As used in this Act,
// 42 USC 7101 // unless otherwise provided or indicated by the
context, the term the " Department" means the Department of Energy or
any component thereof, including the Federal Energy Regulatory
Commission.
(b) As used in this Act (1) reference to "function" includes
reference to any duty, obligation, power, authority, responsibility,
right, privilege, and activity, or the plural threrof, as the case may
be; and (2) reference to "perform", when used in relation to functions,
includes the undertaking, fulfillment, or execution of any duty or
obligation; and the exercise of power, authority, rights, and
privileges.
(c) As used in ths Act, " Federal lease" means an agreement which,
for any consideration, including but not limited to, bonuses, rents, or
royalties conferred and covenants to be observed, authorizes a person to
exployre for, or develop, or produce (or to do any or all of these) oil
and gas, coal, oil shale, tar sands, and geothermal resources on land or
interests in lands under Federal jurisdiction.
Sec. 101. // 42 USC 7111. // The Congress of the United States finds
that--,
(1) the United States faces an increasing shortage of
nonrenewable energy resources;
(2) this energy shortage and our increasing dependence on
foreign energy supplies present a serious threat to the national
security of the United States and to the health, safety and
welfare of its citizens;
(3) a strong national energy program is needed to meet the
present and future energy needs of the Nation consistent with
overall national economic, environmental and social goals;
(4) responsibility for energy policy, regulation, and research,
development and demonstration is fragmented in many departments
and agencies and thus does not allow for the comprehensive,
centralized focus necessary for effective coordination of energy
supply and conservation programs; and
(5) formulation and implementation of a national energy program
require the integration of major Federal energy functions into a
single department in the executive branch.
Sec. 102. // 42 USC 7112. // The Congress therefore declares that
the establishment of a Department of Energy is in the public Interest
and will promote the general welfare by assuring coordinated and
effective administration of Federal energy policy and programs. It is
the purpose of this Act--,
(1) to establish a Department of Energy in the executive branch;
(2) to achieve, through the Department, effective management of
energy functions of the Federal Government, including consultation
with the heads of other Federal departments and agencies in order
to encourage them to establish and observe policies consistent
with a coordinated energy policy, and to promote maximum possible
energy conservation measures in connection with the activities
within their respective jurisdiction;
(3) to provide for a mechanism through which a coordinated
national energy policy can be formulated and implemented to deal
with the short-, mid- and long-term energy problems of the Nation;
and to develop plans and programs for dealing with domestic
energy production and import shortage; (4) to create and
implement a comprehensive energy conservation strategy that will
receive the highest priority in the national energy program;
(5) to carry out the planning, coordination, support, and
management of a balanced and comprehensive energy research and
development program, including--,
(B) developing priorities necessary to meet those
requirements;
(6) to place major emphasis on the development and commercial
use of solar, geothermal, recycling and other technologies
utilizing renewable energy resources;
(7) to continue and improve the effectiveness and objectivity
of a central energy data collection and analysis program within
the Department;
(8) to facilitate establishment of an effective strategy for
distributing and allocating fuels in periods of short supply and
to provide for the administration of a national energy supply
reserve;
(9) to promote the interests of consumers through the provision
of an adequate and relable supply of energy at the lowest
reasonable cost; (10) to establish and implement through the
Department, in coordination with the Secretaries of State,
Treasury, and Defense, policies regarding international energy
issues that have a direct impact on research, development,
utilization, supply and conservation of energy in the United
States and to undertake activities involving the intergration of
domestic and foreign policy relating to energy, including
provision of independent technical advice to the President on
international negotiations involving energy resources, energy
technoligies, or nuclear weapons issues, except that the Secretary
of State shall continue to exercise primary authority for the
conduct of foreign policy relating to energy and nuclear
nonproliferation, pursuant to policy guidelines established by the
President;
(11) to provide for the cooperation of Federal, State, and
local governments in the development and implementation of
national energy policies and programs;
(12) to foster and assure competition among parties engaged in
the supply of energy and fuels;
(13) to assure incorporation of national environmental
protection goals in the formulation and implementation of energy
programs, and to advance the goals of restoring, protecting, and
enhancing environmental quality, and assuring public health and
safety;
(14) to assure, to the maximum extent practicable, that the
productive capacity of private enterprise shall be utilized in the
d productive capacity of private enterprise shall be utilized in
the development and achievement of the policies and purposes of
this Act;
(15) to provide for, encourage, and assist public participation
in the development and enforcement of national energy programs;
(16) to create an awareness of, and responsibility for, the
fuel and energy needs of rural and urban residents as such needs
pertain to home heating and cooling, transportation, agricultural
production, electrical generation, conservation, and research and
development;
(17) to foster insofar as possible the continued good health of
the Nation's small business firms, public utility districts,
municipal utilities, and private cooperatives involved in energy
production, transportation, research, development, demonstration,
marketing, and merchandising; and
(18) to provide for the administration of the functions of the
Energy Research and Development Adminstration related to nuclear
weapons and national security which are transferred to the
Department by this Act.
Sec. 103. // 42 USC 7113. // Whenever any proposed action by the
Department conflicts with the energy plan of any State, the Department
shall give due consideration to the needs of such State, and where
practicable, shall attempt to resolve such conflict through
consultations with appropriate State officials. Nothing in this Act
shall affect the authority of any State over matters exclusively within
its jurisdiction.
Sec. 201. // 42 USC 7131. // There is hereby established at the seat
of government an executive department to be known as the Department of
Energy. There shall be at the head of the Department a Secretary of
Energy (hereinafter in this Act referred to as the " Secretary"), who
shall be appointed by the President by and with the advice and consent
of the Senate. The Department shall be administered, in accordance with
the provisions of this Act, under the supervision and direction of the
Secretary.
Sec. 202. // 42 USC 7132. // (a) There shall be in the Department a
Deputy Secretary, who shall be appointed by the President, by and with
the advice and consent of the Senate, and who shall be compensated at
the rate provided for level II of the Executive Schedule under section
5313 of title 5, United States Code. The Deputy Secretary shall act for
and exercise the functions of the Secretary during the absence or
disability of the Secretary or in the event the office of Secretary
becomes vacant. The Secretary shall designate the order in which the
Under Secretary and other officials shall act for and perform the
functions of the Secretary during the absence or disability or both the
Secretary and Deputy Secretary or in the event of vacancies in both of
those offices.
(b) There shall be in the Department an Under Secretary and a General
Counsel, who shall be appointed by the President, by and with the advice
and consent of the Senate, and who shall perform such functions and
duties as the Secretary shall prescribe. The Under Secretary shall bear
primary responsibility for energy conservation. The Under Secretary
shall be compensated at the rate provided for level III of the Executive
Schedule under section 5314 of title 5, United States Code, and General
Counsel shall be compensated at the rate provided for level IV of the
Executive Schedule under section 5315 of title 5, United States Code.
Sec. 203. // 42 USC 7133 // (a) There shall be in the Department
eight Assistant Secretaires, each of whom shall be appointed by the
President, by and with the advice and consent of the Senate; who shall
be compensated at the rate provided for a level IV of the Executive
Schedule under section 5315 of title 5, United States Code; and who
shall perform, in accordance with applicable law, such of the functions
transferred or delegated to, or vested in, the Secretary as he shall
prescribe in accordance with the provisions of this Act. The functions
which the Secretary shall assign to the Assistant Secretaries include,
but are not limited to, the following:
(1) Energy resource applications, including functions dealing
with management of all forms of energy production and utilization,
including fuel supply, electric power supply, enriched uranium
production, energy technology programs, and the management of
energy resource leasing procedures of Federal lands.
(2) Energy research and development functions, including the
responsibility for policy and management of research and
development for all aspects of--,
(3) Environmental responsibilities and functions, including
advising the Secretary with respoect to the conformance of the
Department's activities to environmental protection laws and
principles, and conducting a comprehensive program of research and
development on the environmental effects of energy technoligies
and programs.
(4) International programs and international policy functions,
including those functions which assist in carrying out the
international energy purposes described in section 102 of this
Act.
(5) National security functions, including those transferred to
the Department from the Energy Research and Development
Adminsitration which relate to management and implementation of
the nuclear weapons program and other national security functions
involving nuclear weapons research and development.
(6) Intergovernmental policies and relations, including
responsibilities for assuring that national energy policies are
relective of and responsible to the needs of State and local
governments, and for assuring that other components of the
Department coordinate their activities with State and local
governments, where appropriate, and develop intergovernmental
communications with State and local governments.
(7) Competition and consumer affairs, including
responsibilities for the promotion of competition in the energy
industry and for the protection of the consuming public in the
energy policymaking processes, and assisting the Secretary in the
formulation and analysis of policies, rules, and regulations
relating to competition and consumer affairs.
(8) Nuclear waste management responsibilities, including--,
except that nothing in this section shall be construed as granting
d except that nothing in this section shall be construed as d granting
to the Department regulatory functions presently within the
Nuclear Regulatory Commission, or any additional functions than
those already conferred by law.
(9) Energy conservation functions, including the development of
comprehensive energy conservation strategies for the Nation, the
planning and implementation of major research and demonstration
programs for the development of technologies and processes to
reduce total energy consumption, the administration of voluntary
and mandatory energy conservation programs, and the dissemination
to the public of all available information on energy conservation
programs and measures.
(10) Power marketing functions, including responsibility for
marketing and transmission of Federal power.
(11) Public and congressional relations functions, including
responsibilities for providing a continuing liason between the
Department and the Congress and the Department and the public.
(b) At the time the name of any individual is submitted for
confirmation to the position of Assistant Secretary, the President shall
identify with particularity the functions described in subsection (a)
(or any portion thereof) for which such individual will be responsible
Sec. 204. // 42 USC 7134. // There shall be within the Department, a
Federal Energy Regulatory Commission established by title IV of this Act
(hereinafter referred to in this Act as the " Commission"). The
Chairman shall be compensated at the rate provided level III of the
Executive Schedule under section 5314 of title 5, United States Code.
The other members of the Commission shall be compensated at the rate
provided for level IV of the Executive Schedule under section 5315 of
title 5, Untied States Code. The Chairman and members of the Commission
shall be individuals who, by demonstrated ability, background, training,
or experience, are specially qalified to assess fairly the needs and
concerns of all interests affected by Federal energy policy.
Sec. 205. // 4i USC 7135. // (a) (1) There shall be within the
Department an Energy Information Administration to be headed by an
Administtrator who shall be appointed by the President, by and with the
advice and consent of the Senate, and who shall be compensated at the
rate provided for in level IV of the Executive Schedule under section
5315 of title 5, United States Code. The Adminsitrator shall be a
person who, by reason of professional background and experience, is
specifically qualified to manage and energy information system.
(2) The Administrator shall be responsible for carrying out a
central, comprehensive, and unified energy data and information program
which will collect, evaluate, assemble analyze, and disseminate data and
information which is relavant to energy resource reserves, energy
production, demand, and technology, and related economic and statistical
information, or which is relevant to the adequacy of energy resources to
meet demands in the near and longer term future for the Nation's
economic and social needs.
(b) The Secretary shall delegate to the Administrator (which
delegation may be on a nonexclusive basis as the Secretary may determine
may be necessary to assure the faithful execution of his authorities and
responsibilities under law) the functions vested in him ny law relating
to gathering, analysis, and dissemination of energy information (as
defined in section 1u of the Energy Supply and Environmental
Coordination Act of 1974) // 15 USC 796 // and the Administrator may act
in the name of the Secretary for the purpose of obtaining enforcement of
such delegated functions.
(c) In addition to, and not in limitation of the functions delegated
to the Administrator pursuant to other subsections of this section,
there shall be vested in the Administrator, and he shall perform, the
functions assigned to the Director of the Office of Energy Information
and Analysis under part B of the Federal Energy Administration Act of
1974, // 15 USC 790, 790b, 790h. // and the provisions of sections 53(
d) and 59 thereof shall be applicable to the Administrator in the
performance of any function under this Act.
(d) The Adminsitrator shall not be required to obtain the approval of
any other officer or employee of the Department in connection with the
collection or analysis of any information; nor shall the Administrator
be required, prior to publication, to obtain the approval of any other
officer or employee of the United States with respect to the substance
of any statistical or forecasting technical reports which he has
prepared in accordance with law.
(e) The Energy Information Administration shall be subject to an
annual professional audit review of performance as described in section
55 of part B of the Federal Energy Administration Act of 1974. // 15 USC
790d. //
(f) The Administrator shall, upon request, promptly provide any
information or analysis in his possession pursuant to this section to
any other administration, commission, or office within the Department
which such administration, commission, or office determines relates to
the functions of such administration, commission, or office.
(g) Information collected by the Energy Information Administration
shall be cataloged and, upon request, any such information shall be
promptly made available to the public in a form and manner easily
adaptable for public use, except that this subsection shall not require
disclosure of matters exempted from mandatory disclosure by section
552(b) of title 5, United States Code. The provisions of section 11(d)
of the Energy Supply and Environmental Coordination Act of 1974, // 15
USC 796 // and section 17 of the Federal Nonnuclear Energy Research and
Development Act of 1974, // 42 USC 5916. // shall continue to apply to
any information obtained by the Administrator under such provisions.
(h) (1) (A) In addition to the acquisition, collection, analysis, and
dissemination of energy information pursuant to this section, the
Administrator shall identify and designate "major energy-producing
companies" which alone or with their affliates are involved in one or
more lines of commerce in the energy industry so that the energy
information collected from such major energy-producing companies shall
provide a statistically accurate profile of each line of commerce in the
energy industry in the United States.
(B) In fulfilling the requirements of this subsection the
Administrator shall--,
(i) utilize, to the maximum extent practicable, consistent with
the faithful execution of his responsibilities under this Act,
reliable statistical sampling techniques; and
(ii) otherwise give priority to the minimization of the
reporting of energy information by small business.
(2) The Administrator shall develop and make effective for use
during the second full calendar year following the date of enactment of
this Act the format foa n energy-producing company financial report.
Such Report shall be designed to allow comparison on a uniform and
standardized basis among energy-producing companies and shall permit for
the energy-related activities of such companies--,
(A) an evaluation of company revenues, profits, cash flow, and
investments in total, for the energy-related lines of commerce in
which such companies is engaged and for all significant
energy-related functions within such company;
(B) an analysis of the competitive structure of sectors and
functional groupings within the energy industries;
(C) the segregation of energy information, including financial
information, describing company operations by energy source and
geographic area;
(D) the determination of costs associated with exporation,
developemt, production, processing, transporation, and marketing
and other significant energy-related functions within such
company; and
(E) such other analyses or evaluations as the Adminsitrator
finds is necessary to achieve the purposes of this Act.
(3) The Administrator shall consult with the Chairman of the
Securities and Exchange Commission with respect to the development of
accounting practices required by the Energy Policy and Conservation Act
// 42 USC 6201 // to be followed by persons engaged in whole or in part
in the production of crude oil and natural gas and shall endeavor to
assure that the energy-producing company financial report described in
paragraph (2) of this subsection, to the extent practicalbe and
consistent with the purposes and provisions of this Act, is consistent
with such accounting practices where applicable.
(4) The Administrator shall be require each major energy-producing
company to file with the Administrator an energy-producing company
financial report on at least an annual basis and may request energy
information described in such report on a quarterly basis if he
determines that such quarterly report of information will substantially
assist in achieving the purposes of this Act.
(5) A summary of information gathered pursuant to this section,
accompanied by such analysis as the Administrator deems appropriate,
shall be included in the annual report of the Department required by
subsection (a) of section 657 of this Act.
(6) As used in this subsection the term--,
(A) "energy-producting company" means a person engaged in:
fuels or nonmineral energy resources;
(vi) the generation, transmission, or storage of electrical
energy;
(B) "energy industry" means all energy-producting companines;
and
(C) "person" has the meaning as set forth in section 11 of the
Energy Supply and Environmental Coordination Act of 1974.
(7) The provisions of section 1905 title 18, United States Code,
shall apply in accordance with its terms to any information obtained by
the Administration pursuant to this subsection.
Sec. 206. // 42 USC 7136. // (a) There shall be within the
Department and Economic Regulatory Administration to be headed by an
Administrator, who shall be appointed by the President, by and with the
advice and consent of the Senate, and who shall be compensated at a rate
provided for level IV of the Executive Schedule under section 5315 of
title 5, United States code. Such Administrator shall be, by
demonstrated ability, background, training, or experience, and
individual who is specially qualified to assess fairly the needs and
concerns of all interests affected by Federal energy enrgy policy. The
Secretary shall by rule provide for a separation of regulatory and
enforcement functions assigned to, or vested in, the Administration.
(b) Consistent with the provisions of title IV, the Secretary shall
utilize the Economic Regulatory Administration to administer such
functions as he may consider appropriate.
Sec. 207. // 42 USC 7137 // The functions of the Comptroller General
of the United States under section 12 of the Federal Energy
Adminsitration Act of 1974 // 15 USC 771. // shall apply with respect
to the monitoring and evaluation of all functions and activities of the
Department under this Act or any other Act administered by the
Department.
Sec. 208. // 42 USC 7138. // (a) (1) There shall be within the
Department an Office of Inspector General to be headed by an Inspector
General, who shall be appointed by the President, by and with the advice
and consent of the Senate, solely on the basis of integrity and
demonstrated ability and without regard to political affiliation. The
Inspector General shall report to, and be under the general supervision
of, the Secretary or, to the extent such authority is delegated, the
Deputy Secretary, but shall not be under the control of, or subject to
supervision by, any other officer of the Department.
(2) There shall also be in the Office a Deputy Inspector General who
shall be appointed by the President, by and with the advice and consent
of the Senate, solely on the basis of integrity and demonstrated ability
and without regard to political affiliation. The Deputy shall assist
the Inspector General in the administration of the Office and shall,
during the absence or temporary incapacity of the Inspector General, or
during a vacancy in that Office, act as Inspector General.
(3) The Inspector General or the Deputy may be removed from office by
the President. The President shall communicate the reasons for any such
removal to both Houses of Congress.
(4) The Inspector General shall, in accordance with applicable laws
and regulations governing the civil service, appoint an Assistant
Inspector General for Audits and an Assistant Inspector General for
Investigations.
(5) The Inspector General shall be compensated at the rate provided
for level IV of the Executive Schedule under section 5315 of title 5,
United States Code, and the Deputy Inspector General shall be
compensated at the rate provided for level V of the Executive Schedule
under section 5316 of title 5. United States Code.
(b) It shall be the duty and responsiblity of the Inspector
General--,
(1) to supervise, coordinate, and provide policy direction for
auditing and investigative activities relating to the promotion of
economy and effciency in the administration of, or the prevention
or detection of fraud or abuse in, programs and operations of the
Department:
(2) to recommend policies for, and to conduct, supervise, or
coordinate other activities carried out or financed by the
Department for the purpose of promoting economy and efficiency in
the administration of, or preventing and detecting fraud and abuse
in, its programs and operatins;
(3) to recommend policies for, and to conduct, supervise, or
coordinate relationships between the Department and other Federal
agencies, State and local governmental agencies, and
nongovernmental entities with respect to (A) all matters relating
to the promotion of economy and efficiency in the administration
of, or the prevention and detection of fraud and abuse in,
programs, and (B) the identification and prosecution of
participants in such fraud or abuse;
(4) to keep the Secretary and Congress fully and currently
informed, by means of the reports required by subsection (c) and
otherwise, concerning fraud and other serious problems, abuses and
deficiencies relating to the administration of programs and
operations administered or financed by the Department, to
recommend corrective action concerning such problems, abuses, and
deficiencies, and to report on the progress made in implementing
such corrective action; and
(5) to seek to coordinate his actions with the actions of the
Comptroller General of the United States with a view to avoiding
duplication.
(c) The Inspector General shall, not later than March 31 of each
year, submit a report to the Secretary, to the Federal Energy Regulatory
Commission, and to the Congress summarizing the activities of the Office
during the preceding calendar year. Such report shall include, but need
not be limited to--,
(1) an identification and description of significant problems,
abuses, and deficiencies relating to the administration of
programs and operations of the Department disclosed by such
activities;
(2) a description of recommendations for corrective action made
by the Office with respect to significant problems, abuses, or
deficiencies identified and described under paragraph (1);
(3) an evaluation of progress made in implementing
recommendations described in the report or, where appropriate, in
previous reports; and
(4) a summary of matters referred to prosecutive authorities
and the extent to which prosecutions and convictions have
resulted.
(d) The Inspector General shall report immediately to the Secretary,
to the Federal Energy Regulatory Commission as appropriate, and, within
thirty days thereafter, to the appropriate committees or subcommittees
of the Congress whenever the Office becomes aware of particularly
serious or flagrant problems, abuses, or deficiencies relating to the
administration of programs and operations of the Department. The Deputy
and Assistant Inspectors General shall have particular responsibility
for informing the Inspector General of such problems, abuses, or
deficiencies.
(e) The Inspector General (1) may make such additional investigations
and reports relating to the administration of the programs and
operations of the Department as are, in the judgement of the Inspector
General, necessary or desirable, and (2) shall provide such additional
information or documents as may be requested by either House of Congress
or, with respect to matters within their jurisdiction, by any committee
or subcommittee thereof.
(f) Notwithstanding any other provisions of law, the reports,
information, or documents required by or under this section shall be
transmitted, to the Secretary, to the Federal Energy Regulatory
Commission, if applicable, and to the Congress, or committees or
subcommittees thereof, by the Inspector General without further
clearance or approval. The Inspector General shall, insofar as
feasible, provide copies of the reports required under subsection (c) to
the Secretary and the Commission, if applicable, sufficiently in advance
of the due date for the submission to Congress to provide a reasonable
opportunity for comments of the Secretary and the Commission to be
appended to the reports when submitted to Congress.
(g) In addition to the authority otherwise provided by this section,
the Inspector General, in carrying out the provisions of this section,
is authorized--,
(1) to have access to all records, reports, audits, reviews,
documents, papers, recommendations, and other material available
to the Department which relate to programs and operations with
respect to which the Inspector General has responsibilities under
this section;
(2) to require by subpena the production of all information,
documents, reports, answers, records, accounts, papers, and other
data and documentary evidence necessary in the performance of the
functions assigned by this section, which subpena, in the case of
contumacy or refusal to obey, shall be enforceable by order of any
approporate United States district court; and
(3) to have direct and prompt access to the Secretary when
necessary for any purpose pertaining to the performance of
functions under this section.
Sec. 209. // 42 USC 7139. // (a) There shall be within the
Department an Office of Energy Research to be headed by a Director, who
shall be appointed by the President, by and with the advice and consent
of the Senate, and who shall be compensated at the rate provided for
level IV of the Executive Sechedule under section 5315 of tite 5, United
States Code.
(b) T shall be the duty and responsibility of the Director--,
(1) to advise the Secretary with respect to the physical
research program transferred to the Department from the Energy
Research and Development Administration;
(2) to monitor the Department's energy research and development
programs in order to advise the Secretary with respect to any
undesirable duplication or gaps in such programs;
(3) to advise the Secretary with respect to the well-being and
management of the multipurpose laboratories under the jurisdiction
of the Department excluding laboratories that constitute part of
the nuclear weapons complex;
d constitute d part of the nuclear weapons complex:
(4) to advise the Secretary with respect to education and
training activities required for effective short- and long-term
basis and applied research activities of the Department;
(5) to advise the Secretary with respect to grants and other
forms of financial assistance required for effective short- and
long-term basis and applied research activities of the Department;
and
(6) to carry out such additional duties assigned to the Office
by the Secretary relating to basic and applied research, including
but not limited to supervision or support of research activities
carried out by any of the Assistant Secretaries designated by
section 203 of this Act, as the Secretary consideres advantageous.
Sec. 210. // 42 USC 7140. // There is hereby established a Leasing
Liaison Committee which shall be composed of an equal number of members
appointed by the Secretary and the Secretary of the Interior.
Sec. 301. (a) Except as otherwise provided in this Act, // 42 USC
7151. // there are hereby transferred to, and vested in, the Secretary
all of the functions vested by law in the Administrator of the Federa
Energy Administration or the Federal Energy Administration, the
Administrator of the Energy Research and Development Administration or
the Energy Research and Development Administration; and the functions
vested by law in the officers and components of either such
Administration.
(b) Except as provided in tittle IV, there are hearby transferred to,
and vested in, the Secretary the function of the Federal Power
Commission, or of the members, officers, or components thereof. The
Secretary may exercise any power described in section 402(a)(2) to the
extent the Secretary determines such power to be necessary to the
exercise of any function within his jurisdiction pursuant to the
preceding sentence.
Sec. 302. // 42 USC 7152. // (a)(1) There are hereby transferred to,
and vested in, the Secretary all functions of the Secretary of the
Interior under section 5 of the Flood Control Act of 1944 // 16 USC 825s
// and all other functions of the Secretary of the Interior, and
officers and components of the Department of the Interior, with respect
to--,
(A) the Southeastern Power Administration;
(B) the Southwestern Power Administration;
(C) the Alaska Power Administration;
(D) the Bonneville Power Administration including but not
limited to the authority contained in the Bonneville Project Act
of 1937,
// 16 USC 832. //
and the Federal Columbia River Transmission System Act;
// 16 USC 838 //
(E) the power of marketing fucntions of the Bureau of
Reclamations, including the construction, operation, and
maintenance of transmission lines and attendant facilities; and
(F) the transmission and disposition of the electric power and
energy generated at Falcon Dam and Amistad Dam, international
storage reservoir projects on the Rio Grande, pursuant to the Act
of June 18, 1954
// 68 Stat. 255. //
as amended by the Act of December 23, 1963.
// 77 Stat. 475. //
(2) The Southeastern Power Administration, the Southwestern Power
Administration, the Bonneville Power Administration, and the Alaska
Power Administration shall be preserved as separate and distinct
organizational entities within the Department. Each such entity shall
be headed by an Administrator appointed by the Secretary. The fucntions
transferred to the Secretary in paragraphs (1)(A), (1)(B), (1) (C), and
(1)(D) shall be exercised by the Secretary, acting by and through such
administrators. Each such Administrator shall maintain his principal
office at a place located in the region served by his respective Federal
power marketing entity.
(3) The functions transferred in paragraphs (1)(E) and (1)(F) of this
subsection shall be exercised by the Secretary, acting by and through a
separate and distinct Administration within the Department which shall
be headed by an Administrator appointed by the Secretary. The
Administrator shall establish and shall maintain such regional offices
as necessary to facilitate the performance of such functions. Neither
the transfer of functions effected by paragraph (1)(E) of this
subsection nor any changes in cost allocation or project evaluation
standards shall be deemed to authorize the reallocation of joint costs
of multipurpose facilities theretofore allocated unless and to the
extent that such change is hereafter approved by Congress.
(b) There are hereby transferred to, and vested in, the Secretary the
functions of the Secretary of the Interior to promulgate regulations
under the Outer Continental Shelf Lands Act, // 43 USC 1331. // the
Mineral Lands leasing Act, // 30 USC 181 351 // the Mineral Leasing Act
for Acquired Lands, the Geothermal Steam Act of 1970, // 30 USC 1001 //
and the Energy Policy and Conservation Act, // 42 USC 6201 // which
relate to the--,
(1) fostering of competition for Federal leases (including, but
not limited to, prohibition on bidding for development rights by
certain types of joint ventures);
(2) implementation of alternative bidding systems authorized
for the award of Federal leases;
(3) establishment of diligence requirements for operations
conducted on Federal leases (including, but not limited to,
procedures relating to the granting or ordering by the Secretary
of the Interior of suspension of operations or production as they
relate to such requirements);
(4) setting rates of production for Federal leases; and
(5) specifying the procedures, terms, and conditions for the
acquisition and disposition of Federal royalty interests taken in
kind.
(c) There are hereby transferred to, and vested in, the Secretary all
the functions of the Secretary of the Interior to establish production
rates for all Federal leases.
(d) There are hereby transferred to, and vested in, the Secretary
those functions of the Secretary of the Interior, the Department of the
Interior, and officers and components of that Department under the Act
of May 15, 1910, // 30 USC 1, 3, 5 - 7. // and other authorities,
exercised by the Bureau of Mines, but limited to--,
(1) fuel supply and demand analysis data gathering;
(2) research and development relating to increase efficiency of
prodcution technology of solid fuel minerals, other than research
relating to mine health and safety and research relating to the
environmental and leasing consequences of solid fuel mining (which
shall remain in the Department of the Interior); and
(3) coal preparation and analysis.
Sec. 303. // 42 USC 7153. // (a) The Secretary of the Interior shall
retain any authority not transferred under section 302(b) of this Act
and shall be solely responsible for the issuance and supervision of
Federal leases and the enforcement of all regulations applicable to the
leasing of mineral resources, including but not limited to lease terms
and conditions and production rates. No regulation promulgated by the
Secretary shall restrict or limit any authority retained by the
Secretary of the Interior under section 302(b) of this Act with respect
to the issuance or supervision of Federal leases. Nothing in section
302(b) of this Act shall be construed to affect Indian lands and
resources or to transfer any functions of the Secretary of the Interior
concerning such lands and resources.
(b) In exercising the authority under section 302(b) of this Act to
promulgate regulations, the Secretary shall consult with the Secretary
of the Interior during the prepartion of such regulations and shall
afford the Secretary of the Interior not less than thirty days, prior to
the date on which the Department first publishes or otherwise prescribes
regulations, to comment on the content and effect of such regulations.
(c)(1) The Secretary of the Interior shall afford the Department of
the Interior first publishes or otherwise prescribes the terms and
conditions on which a Federal lease will be issued, to disapprove any
term or condition of such lease which relates to any matter with respect
to which the Secretary has authority to promulgate regulations under
section 302(b) of this Act. No such term or condition may be included
in such a lease if it is disapproved by the Secretary. The Secretary
and the Secretary of the Interior may by agreement define circumstances
under which a reasonable opportunity of less than thirty days may be
afforded the Secretary to disapprove such terms and conditions.
(2) Where the Secretary disapproves any lease, term, or condition
under paragraph (1) of this subsection he shall furnish the Secretary of
the Interior with a detailed written statement of the reasons for his
disapproval, and of the alternatives which would be acceptable to him.
(d) The Department of the Interior shall be the lead agency for the
purpose of preparation of an environmental impact statement required by
section 102(2)(C) of the National Environmental Policy Act // 42 USC
4332. // of 1969 for any action with respect to the Federal leases
taken under the authority of this section, unless the action involves
only matters within the exclusive authority of the Secretary.
Sec. 304. (a) There is hereby transferred to, and vested in, the
Secretary the functions vested in the Secretary of Housing and Urban
Development pursuant to section 304 of the Energy Conservation Standards
for New Buildings Act of 1976, // 42 USC 7154. // to develop and
promulgate energy conservation standards for new buildings. The
Secretary of Housing and Urban Development shall provide the Secretary
with any necessary technical assistance in the development of such
standards. All other responsibilities, pursuant to title III of the
Energy Conservation and Production Act, // 42 USC 6831 // shall remain
with the Secretary of Housing and Urban Development, except that the
Secretary shall be kept fully and currently informed of the
implementation of the promulgated standards.
(b) There is hereby transferred to, and vested in, the Secretary the
functions vested in the Secretary of Housing and Urban Development
pursuant to section 509 of the Housing and Urban Development Act of
1970. // 12 USC 1701z-8. //
Sec. 305. Section 502 of the Motor Vehicle Information and Cost
Savings Act // 15 USC 2002. // is amended at the end thereof by adding
the following new subsections:
"(g) The Secretary shall consult with the Secretary of Energy in
carrying out his responsibilities under this section. The Secretary
shall, before issuing any notice proposing under subsection (a), (b) ,
(d), or (f) of this section, to establish, reduce, or amend an average
fuel economy standard, provide the Secretary of Energy with a period of
not less than ten days from the receipt of the notice during which the
Secretary of Energy may, upon concluding that the proposed standard
would adversely affect the conservation goals set by the Secretary of
Energy, provide written comments to the Secretary concerning the impacts
of the proposed standard upon those goals. To the Extent that the
Secretary does not revise the proposed standard to take into account any
comments by the Secretary of Energy regarding the level of the proposed
standard, the Secretary shall include the unaccommodated comments in the
notice.
"(h) The Secretary shall, before taking action on any final standard
under this section or any modification of or exemption from such
standard, notify the Secretary of Energy and provide such Secretary with
a reasonable period of time to comment thereon.".
Sec. 306. Except as provided in title IV, // 42 USC 7155. 49 USC
prec. 1. // there are hereby transferred to the Secretary such
functions set forth in the Interstate Commerce Act and vested by law in
the Interstate Commerce Commission or the Chairman and members thereof
as relate to transporatation of oil by pipeline.
Sec. 307. There are hereby transferred to and vested in the
Secretary all functions vested by chapter 641 of title 10, United States
Code, // 42 USC 7156. 10 USC 7421. // in the Secretary of the Navy as
they relate to the administration of and jurisdiction over--,
(1) Naval Petroleum Reserve Numbered 1 (Elk Hills), located in
Kern County, California, established by Executive order of the
President, dated September 2, 1912;
(2) Naval Petroleum Reserve Numbered 2 (Buena Vista), located
in Kern County, California, established by Executive order of the
President, dated December 13, 1912;
(3) Naval Petroleum Reserve Numbered 3 (Teapot Dome), located
in Wyoming, established by Executive order of the President, dated
April 30, 1915;
(4) Oil Shale Reserve Numbered 1, located in Colorado,
established by Executive order of the President, dated December 6,
1916, as amended by Executive order dated June 12, 1919;
(5) Oil Shale Reserve Numbered 2, located in Utah, established
by Executive order of the President, dated Decempber 6, 1916; and
(6) Oil Shale Reserve Numbered 3, located in Colorado,
established by Executive order of the President, dated September
27, 1924.
In the administration of any of the functions transferred to, and vested
in, the Secretary by this section the Secretary shall take into
consideration the requirements of national security.
Sec. 308. // 42 USC 7157. // There are hereby transferred to, and
vested in, the Secretary all functions of the Secretary of Commerce, the
Department of Commerce, and officers and components of that Department,
as relate to or are utilized by the Office of Energy Programs, but
limited to industrial energy conservation programs.
Sec. 309. (a) The Division of Naval Reactors established pursuant to
section 25 of the Atomic Energy Act of 1954, // 42 USC 7158. 42 USC
2035. // and responsible for research, design, development, health, and
safety matters pertaining to naval nuclear propulsion plants and
assigned civilian power reactor programs is transferred to the
Department under the Assistant Secretary to whom the Secretary has
assigned the function listed in Section 203(a)(2)(E), and such
organizational unit shall be deemed to be organizational unit
established by this Act.
(b) The Division of Military Application, established by section 25
of the Atomic Energy Act of 1954, // 42 USC 2035. // and the functions
of the Energy Research and Development Administration with respect to
the Military Liaison Committee, established by section 27 of the Atomic
Energy Act of 1954, // 42 USC 2037. // are transferred to the
Department under the Assistant Secetary to whom the Secretary has
assigned those functions listed in section 203(a)(5), and such
organizational units shall be deemed to be organizational units
established by this Act.
Sec. 310. // 42 USC 7159. // Notwithstanding section 301(a), there
are hereby transferred to, and vested in, the Secretary of
Transportation all of the function vested in the Administrator of the
Federal Energy Administration by section 381(b)(1)(B) of the Energy
Policy and Conservation Act. // 42 USC 6361. //
Sec. 401. // 42 USC 7171. // (a) There is hereby established within
the Department an independent regulatory commission to be known as the
Federal Energy Regulatory Commission.
(b) The Commission shall be composed of five members appointed by the
President, by and with the advice and consent of the Senate. One of the
members shall be designated by the President as Chairman. Members shall
hold office for a term of four years and may be removed by the President
only for inefficiency, neglect of duty, or malfeasance in office. The
terms of the members first taking office shall expire (as designated by
the President at the time of appointment), two at the end of two years,
two at the end of three years, and one at the end of four years. Not
more than three members of the Commission shall be members of the same
political party. Any Commissioner appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
appointed shall be appointed only for the remainder of such term. A
Commissioner may continue to serve after the expiration of his term
until his successor has taken office, except that he may not so continue
to serve for more than one year after the date on which his term would
otherwise ecpire under this subsection. Members of the Commission shall
not engage in any other business, vocation, or employment while serving
on the Commission.
(c) The Chairman shall be responsible on behalf of the Commission for
the executive and adminsitrative operation of the Commission, including
functions of the Commission with respect to (1) the appointment and
employment of hearing examiners in accordance with the provisions of
title 5, United States Codes, (2) the selection, appointment, and fixing
of the compensation of such personel as he deems necessary, including an
executive director, (3) the supervision of personnel employed by or
assigned to the Commission, except that each member of the Commission
may select and supervise personnel for his personal staff, (4) the
distribution of business among personnel and among administrative units
of the Commission, and (5) the procurement of services of experts and
consultants in accordance with section 3109 of title 5, United States
Code. The Secretary shall provide to the Commission such support and
facilities as the Commission determines it needs to carry out its
functions.
(d) In the performance of thier functions, the members, employees, or
other personnel of the Commission shall not be responsible to or subject
to the supervision or direction of any officer, employee, or agent of
any other part of the Department.
(e) The Chairman of the Commission may designate any other member of
the Commission as Acting Chairman to act in the place and stead of the
Chairman during his absence. The Chairman (or the Acting Chairman in
the absence of the Chairman) shall preside at all sessions of the
Commission and a quorum for the transaction of business shall consist of
at least three members present. Each member of the Commission,
including the Chairman, shall have one vote. Actions of the Commission
shall be determined by a majority vote of the members present. The
Commission shall have an official seal which shall be judicially
noticed.
(f) The Commission is authorized to established such procedural and
administrative rules as are necessary to the exercise of its functions.
Until changed by the Commission, any procedural and administrative rules
applicable to particular functions over which the Commission has
jurisdiction shall continue in effect with respect to such particular
functions.
(g) In carrying out any of its functions, the Commission shall have
the powers authorized by the law under which such function is exercised
to hold hearings, sign and issue subpenas, administer oaths, examine
witnesses, and receive evidence at any place in the United States it may
designate. The Commission may, by one or more of its members or by such
agents as it may designate, conduct any hearing or other inquiry
necessary or appropriate to its functions, except that nothing in this
subsection shall be deemed to supersede the provisions of section 556 of
title 5, United States Code relating to hearing examiners.
(h) The principal office of the Commision shall be in or near the
District of Columbia, where its general sessions shall be held, but the
Commission may sit anywhere in the United States.
(i) For the purpose of section 552b of title 5, United States Code,
the Commission shall be deemed to ben an agency. Except as provided in
section 518 of title 28, United States Code, relating to litigation
before the Supreme Court, attorneys designated by the Chairman of the
Commission may appear for, and represent the Commission in, any civil
action brought in connection with any function carried out by the
Commission pursuant to this Act or as otherwise authorized by law. (j)
In each annual authorization and appropriation request under this Act,
the Secretary shall identify the portion thereof intended for the
support of the Commission and include a statement by the Commission (1)
showing the amount requested by the Commission in tis budgetary
presentation to the Secretary and the Office of Management and Budget
and (2) an assessment of the budgetary needs of the Commission.
Whenever the Commission submits to the Secretary, the President, or the
Office of Management and Budget, any legislative recommendation or
testimony, or comments on legislation, prepared for submission to
Congress, the Commission shall concurrently transmit a copy thereof to
the appropriate committees of Congress.
Sec. 402. // 42 USC 7172. // (a)(1) There are hereby transferred to,
and vested in, the Commission the following functions of the Federal
Power Commission or of any member of the Commission or any officer or
component of the Commission:
(A) the investigation, issuance, transfrer, renewal,
revocation, and enforecement of licenses and permits for the
construction, operation, and maintenance of dams, water conduits,
reservoirs, powerhouses, transmission lines, or other works for
the development and improvement of navigation and for the
development and utilization of power across, along, from, or in
navigable waters until part i of the Federal Power Act;
// 16 USC 792. //
(B) the establishment, review, and enforcement of rates and
charges for the transmission or sale of electric energy, including
determinations on construction work in progress, under part II of
the Federal Power Act,
// 16 USC 824. //
and the interconnection, under section 202(b), of such Act,
// 16 USC 824a. //
of facilities for the generation, transmission, and sales of
electric energy (other than emergency interconnection);
(C) the establishment, review, and enforcement of rates and
charges for the transportation and sales of natural gas by a
producer or gatherer or by a natural gas pipeline or natural gas
company under section 1, 4, 5, and 6 of the Natural Gas Act;
// 15 USC 717, 717c, 717d, 717e. //
(D) the issuance of a certificate of public convenience and
necessity, including abandonment of facilities or services, and
the establishment of physical connections under section 7 of the
Natural Gas Act;
// 15 USC 717f. //
(E) the establishment, review, and enforcement or curtailments,
other than the establishment and review of priorities for such
curtailments, under the Natural Gas Act; and
// 15 USC 717w. // and
(F) the regulation of mergers and securiteis acquisition under
the Federal Power Act,
// 1l USC 791a. // and Natural Gas Act.
(2) The Commission may exercise any power under the following
sections to the extent the Commission determines such power to be
necessary to the exercise of any function within the jurisdiction of the
Commission:
(A) sections 4,301, 302, 306 through 309, 312 through 316 of
the Federal Power Act;
// 16 USC 797, 825, 825a, 825e - 825h, 825k - 825o. 15 USC 717g, 717h,
717l - 717p, 717s, 717t. //
and
(B) sections 8, 9, 13 through 17, 20, and 21 of the Natural Gas
Act.
(b) There are hereby transferred to, and vested in, the Commission
all functions and authority of the Interstate Commerce Commission or any
officer or component of such Commission where the regulatory function
establishes rates or charges for the transportation of oil by pipelien
or establishes the valuation of any such pipeline.
(c)(1) Pursuant to the procedures specifed in section 404 and except
as provided in paragraph (2), the Commission shall have jurisdiction to
consider any proposal by the Secretary to amend the regulation required
to be issued under section 4(a) of the Emergency Petroleum Allocation
Act of 1973 // 15 USC 753. // which is required by section 8 or 12 of
such Act // 15 USC 757, 760a. // to be transmitted by the President to,
and reviewed by, each House of Congress, under section 551 of the Energy
Policy and Conservation Act. // 42 USC 6421. //
(2) In the Vent that the President determines that an emergency
situation of overriding national importance exists and requires the
expenditious promulgation of a rule described in paragraph (1), the
president may dirct the Secretary to assume sole jurisdiction over the
promulgation of such rule, and such rule shall be transmitted by the
President to, and reviewed by, each House of Congress under section 8 or
12 of the Emergency Petroleum Allocation Act of 1973, and section 551 of
the Energy Policy and Conservation Act.
(d) The Commission shall have jurisdiction to hear and determine any
other matter arising under any other function of the Secretary--,
(1) involving any agency determination required by law to be
made on the record after an opportunity for an agency hearing; or
(2) involving any other agency determination which the
Secretary determines shall be made on the record after an
opportunity for an agency hearing,
except that nothing in this subsection shall require that functions
under section 105 and 10l of the Energy Policy and Conservation Act //
42 USC 6213, 6214. // shall be within the jurisdiction of the
Commission unless the Secretary assigns such a function to the
Commission.
(e) In addition to the other provisions of this section, the
Commission shall have jurisdiction over any other matter which the
secretary
may assign to the Commission after public notice, or which are
required to be referred to the Commission pursuant to section 404 of
this Act.
(f) No function described in this section which regulates the exports
or imports of natural gas or electricity shall be within the
jurisdiction of the Commission unless the Secretary assigns such a
function to the Commission.
(g) The decision of the Commission involving any function within its
jurisdiction, other than action by it on a matter referred to it
pursuant to section 404, shall be final agency action within the meaning
of section 704 of title 5, United States Code, and shall not be subject
to further review by the Secretary or any officer or employee of the
Department.
(h) The Commission is authorized to prescribe rules, regulations, and
statements of policy of general applicability with respect to any
function under the jurisdiction of the Commission pursuant to section
402.
Sec. 403. // 42 USC 7173. // (a) The Secretary and the Commission
are authorized to propose rules, regulations, and statements of policy
of general applicability with respect to any function within the
jurisdiction of the Commission under section 402 of this Act.
(b) The Commission shall have exclusive jurisdiction with respect to
any proposal made under subsection (a), and shall consider and take
final action on any proposal made by the Secretary under such subsection
in an expeditious manner in accordance with such reasonable time limits
as may be set by the Secretary for the completion of action by the
Commission on any such proposal.
(c) Any function described in section 402 of this Act which relates
to the establishment of rates and charges under the Federal Power Act //
16 USC 791a. // or the Natural Gas Act, // 15 USC 717w. // may be
conducted by rulemaking procedures. Except as provided in subsection
(d), the procedures in such a rulemaking proceeding shall assure full
consideration of the issues and an opprotunity for interested persons to
present their views.
(d) With respect to any rule or regulation promulgated by the
Commission to establish rates and charges for the first sale of natural
gas by a producer or gatherer to a natural gas pipeline under the
Natural Gas Act, the Commission may afford any interested person a
reasonable opportunity to submit written questions with respect to
disputed issues of fact to other interested persons participating in the
rulemaking proceedings. The Commission may establish a reasonable time
for both the submission of questions and responses thereto.
Sec. 404. // 42 USC 7174. // (a) Except as provided in section 403,
whenever the Secretary proposes to prescribe rules, regulations, and
statements of policy of general applicability in the exercise of any
function which is transferred to the Secretary under section 301 or 306
of this Act, he shall notify the Commission of the proposed action. If
the Commission, in its discretion, determines within such period as the
Secretary may prescribe, that the proposed action may significantly
affect any function within the jurisdiction of the Commission pursuant
to section 402(a)(1), (b), and (c)(1), the Secretary shall immediately
refer the matter to the Commission, which shall provide an opportunity
for public comment.
(b) Following such opportunity for public comment the Commission,
after consultation with the Secretary, shall either--,
(1) concur in adoption of the rule or statement as proposed by
the Secretary;
(2) concur in adoption of the rule or statement only with such
changes as it may recommend; or
(3) recommend that the rule or statement not be adopted.
The Commission shall promptly publish its recommendations, adopted under
this subsection, along with an explanation of the reason for its actions
and an analysis of the major comments, criticisms, and alternatives
offered during the comment period.
(c) Following publication of the Commission's recommendations the
Secretary shall have the option of--,
(1) issuing a final rule or satement in the form of initially
proposed by the Secretary if the Commission has concurred in such
rule pursuant to subsection (b)(1);
(2) issuing a final rule or statement in amended form so that
the rule conforms in all respects with the changes proposed by the
Commission if the Commission has concurred in such rule or
statement pursuant to subsection (b)(2); or
(3) ordering that the rule shall nto be issued.
The action taken by the Secretary pursuant to this subsection shall
constitute a final agency action for purposes of section 704 of title 5,
United States Code.
Sec. 405. // 42 USC 7175. // The Secretary may as a matter of right
intervene or otherwise participate in any proceeding before the
Commission. The Secretary shall comply with rules of procedure of
general applicability governing the timing of intervention or
participation in such proceeding or activity and, upon intervening or
participating therein, shall comply with rules of procedure of general
applicability governing the conduct thereof. The intervention or
participation of the Secretary in any proceeding or activity shall not
affect the obligation of the Commission to assure procedure fairness to
all participants.
Sec. 406. // 42 USC 7176. // For the purposes of chapter 9 of title
5, United States Code, the Commission shall be deemed to be an
independent regulatory agency.
Sec. 407. // 42 USC 7177. // (a) The Secretary, each officer of the
Department, and each Federal agency shall provide to the Commission,
upon request, such existing information in the possession of the
Department or other Federal agency as the Commission determines is
necessary to carry out its responsibilities under this Act.
(b) The Secretary, in formulating the information to be requested in
the reports or investigations under section 304 and section 311 of the
Federal Power Act // 16 USC 825c, 825j. // and section 10 and section
11 of the Natural Gas Act, // 15 USC 717i, 717j. // shall include in
such reports and investigations such specific information as requested
by the Federal Energy Regulatory Commission and copies of all reports,
information, results of investigations and data under said sectons shall
be furnished by the Secretary to the Federal Energy Regulatory
Commission.
Sec. 501. (a)(1) Subject to the other requirements of this title, //
42 USC 7191. // the provisions of subchapter II of chapter 5 of title
5, United States Code, // 5 USC 551. // shall apply in accordance with
its terms to any rule or regulation, or any order having the
applicability and effect of a rule (as defined in section 551(4) of
title 5, United States Code), issued pursuant to authority vested by law
in, or transferred or delegated to, the Secretary, or required by this
Act or any other Act to be carried out by any other officer, employee,
or component of the Department, other than the Commission, including any
such rule, regulation, or order of a State, or local government agency
or officer thereof, issued pursuant to authority delegated by the
Secretary in accordance with this title. If any provisions of any Act,
the functions of which are transferred, vested, or delegated pursuant to
this Act, provides administrative procedure requirements in addition to
the requirements provided in this title, such additional requirements
shall also apply to actions under that provision.
(2) Notwithstanding paragraph (1), this title shall apply to the
Commission to the same extent this title applies to the Secretary in the
exercise of any of the Commission's functions under section 402 (c)(1)
or which the Secretary has assigned under sectoin 402(e). (b)(1) In
addition to the requirements of subsection (a) of this section, notice
of any proposed rule, regulation, or order described in subsection (a)
shall be given by publication of such proposed rule, regulation, or
order in the Federal Register. Such publication shall be accompanied by
a statement of the research, analysis, and other available information
in support of, the need for, and the probable effect of, any such
proposed rule, regulation, or order. Other effective means of publicity
shall be utilized as may be reasonably calculated to notify concerned or
affected persons of the nature and probable effect of any such proposed
rule, regulation, or order. In each case, a minimum of thiry days
following such publication shall be provided for an opportunity to
comment prior to promulgation of any such rule, regulation, or order.
(2) Public notice of all rules, regulations, or orders described in
subsection (a) which are promulgated by officers of a State or local
government agency pursuant to a delegation under this Act shall be
provided by publication of such proposed rules, regulations, or orders
in at least two newspapers of statewide circulation. If such
publication is not practicable, notice any such rule, regulation, or
order shall be given by such other means as the officer promulgating
such rule, regulation, or order determines will reasonably assure wide
public notice.
(3) For the purposes of this title, the exception from the
requirements of section 553 of title 5, United States Code, provided by
subsection (a)(2) of such section with respect to public property,
loans, grants, or contracts shall be available.
(c)(1) If the Secretary determines, on his own initiative or in
response to any showing made pursuant to paragraph (2) (with respect to
a proposed rule, regulation, or order described in subsection (a)) that
no substantial issue of fact or law exists and that such rule,
regulation, or order is unlikely to have a substantial impact on the
Nation's economy or large numbers of individuals or businesses, such
proposed rule, regulation, or order may be promulgated in accordance
with section 553 of title 5. United States Code. If the Secretary
determines that a substantial issue of fact or law exists or that such
rule, regulation, or order is likely to have a substantial impact on the
Nation's economy or large numbers of individuals or businesses, an
opportunity for oral presentation of views, data, and arguments shall be
provided.
(2) An person, who would be adversely affected by the implementation
of any proposed rule, regulation, or order who desires an opportunity
for oral presentation of views, data, and arguments, may submit material
supporting the existence of such substantial issues or such impact.
(3) A transcript shall be kept of any oral presentation with respect
to a rule, regulation, or order described in subsection (a).
(d) Following the notice and comment period, including any oral
presentation required by this subsection, the Secretary may promulgate a
rule if the rule is accompanied by an explanation responding to the
major comments, criticisms, and alternatives offered during the comment
period.
(e) The requirements of subsections (b), (c), and (d) of this section
may be waived where strict compliance is found by the Secretary to be
likely to cause serious harm or injury to the public health, safety, or
welfare, and such finding is set out in detail in such rule, regulation,
or order. In the event the requirements of this section are waived, the
requirements shall be satisfied within a reasonable period of time
subsequent to the promulgation of such rule, regulation, or order.
(f)(1) With respect to any rule, regulation, or order described in
subsection (a), the effect of which, except for indirect effects of an
inconsequential nature, are confined to--,
(A) a single unit of local government or the residents thereof;
(B) a single geographic area within a State or the residents
thereof; or
(C) a single State or the residents thereof;
the Secretary shall, in any case where appropriate, afford an
opportunity for a hearing or the oral presentation of views, and provide
procedures for the holding of such hearing or oral presentation within
the boundaries of the unit of local government, geographic area, or
State described in paragraphs (A) through (C) of this paragraph as the
case may be.
(2) For the purposes of this subsection--,
(A) the term "unit of local government" means a county,
municipality, town, township, village, or other unit of general
government below the State level; and
(B) the term "geographic area within a State" means a special
purpose district or other region recognized for governmental
purposes within such State which is not a unit of local
government.
(3) Nothing in this subsection shall be construed as requiring a
hearing or an oral presentation of views where none is required by this
section or other provision of law.
(g) Where authorized by any law vested, transferred, or delegated
pursuant to this Act, the Secretary may, by rule, prescribe procedures
for State or local government agencies authorized by the Secretary to
carry out such functions as may be permitted under applicable law. Such
procedures shall apply to such agencies in lieu of this section, and
shall require that prior to taking any action, such agencies shall take
steps reasonably calculated to provide notice to persons who may be
affected by the action, and shall afford an opportunity for presentation
of views (including oral presentation of views where practicable) within
a reasonable time before taking the action.
Sec. 502. // 42 USC 7192. // (a) Judicial review of agency action
taken under any law the functions of which are vested by law in, or
transferred or delegated to the Secretary, the Commission or any
officer, employee, or component of the Department shall, notwithstanding
such vesting, transfer, or delegation, be made in the manner specified
in or for such law.
(b) Notwithstanding the amount in controversy, the district courts of
the United States shall have exclusive original jurisdiction of all
other cases or controversies arising exclusively under this Act, or
under rules, regulations, or orders issued exclusively thereunder, other
than any actions taken to implement or enforce any rule, regulation, or
order by any officer of a State or local government agency under this
Act, except that nothing in this section affects the power of any court
of competent jurisdiction to consider, hear, and determine in any
proceeding before it any issue raised by way of defense (other than a
defense based on the unconstitutionality of this Act or the validity of
action taken by any agency under this Act). If in any such proceeding
an issue by way of defense is raised based on the unconstitutionality of
this Act or the validity of agency action under this Act, the case shall
be subject to removal by either party to a district court of the United
States in accordance with the applicable provisions of chapter 89 of
title 28, United States Code. // 28 USC 1441. // Cases or controversies
arising under any rule, regulation, or order of any officer of a State
or local government agency may be heard in either (A) any appropriate
State court , or (B) without regard to the amount in controversy, the
district courts of the United States.
(c) Subject to the provisions of section 401(i) of this Act, // 28
USC 501. // and notwithstanding any other law, the litigation of the
Department shall be subject to the supervision of the Attorney General
pursuant to chapter 31 of title 28, United States Code. The Attorney
General may authorize any attorny of the Department to conduct any civil
litigation of the Department in any Federal court except the Supreme
Court.
Sec. 503. // 42 USC 7193. // (a) If upon investigation the Secretary
or his authorized representative believes that a person has violated any
regulation, rule, or order described in section 501(a) prmulgated
pursuant to the Emergency Petroleum Allocation Act of 1973, // 15 USC
751. // he may issue a remedial order to the person. Each remedial
order shall be in writing and shall describe with particularity the
nature ofthe violation, including a reference to the provision of such
rule, regulation, or order alleged to have been violated. For purposes
of this section "person" includes any individual, association, company,
corporation, partnership, or other entity however organized.
(b) If within thirty days after the receipt of the remedial order
issued by the Secretary, the person fails to notify the Secretary that
he intends to contest the remedial order, the remedial order shall
become effective and shall be deemed a final order of the Secretary and
not subject to review by any court or agency.
(c) If within thirty days after the receipt of the remedial order
issued by the Secretary, the person notifies the Secretary that he
intends to contest a remedial order issued under subsection (a) of this
section, the Secretary shall immediately advise the Commission of such
notification. Upon such notice, the Commission shall stay the effect of
the remedial order, unless the Commission finds the public interest
requires immediately compliance with such remedial order. The Commission
shall, upon request, afford an opportunity for a hearing, including, at
a minimum, the submission of briefs, oral or documentary evidence, and
oral arguments. To the extent that the Commission in its discretion
determines that such is required for a full and true disclosure of the
facts, the Commission shall afford the right of cross examination. The
Commission shall thereafter issue an order, based on findings of fact,
affirming, modifying, or vacating the Secretary's remedial order, or
directing other appropriate relief, and such order shall, for the
purpose of judicial review, constitute a final agency action, except
that enforcement and other judicial review of such action shall be the
responsibility of the Secretary.
(d) The Secretary may set reasonable time limits for the Commission
to complete action on a proceeding referred to it pursuant to this
section.
(e) Nothing in this section shall be construed to affect any
procedural action taken by the Secretary prior to or incident to initial
issuance of a remedial order which is th e subject of the hearing
provided in this section, but such procedures shall be reviewable in the
hearing.
(f) The provisions of this section shall be applicable only with
respect to proceedings initiated by a notice of probable violation
issued after the effective date of this Act.
Sec. 504. // 42 USC 7194. // (a) The Secretary or any officer
designated by him shall provide for the making of such adjustments to
any rule, regulation or order described in section 501 (a) issued under
the Federal Energy Administration Act, // 15 USC 761. // the Emergency
Petroleum Allocation Act of 1973, the Energy Supply and Environmental
Coordination Act of 1974, // 15 USC 791. // or the Energy Policy and
Conservation Act, consistent with the other purposes of the relevant
Act, as may be necessary to prevent special hardship, inequity, or
unfair distribution of burdens, and shall by rule, establish procedures
which are available to any person for the purpose of seeking an
interpretation, modfication, or recission of, exception to, or exemption
from, such rule, regulation or order. The Secretary or any such office
shall additionally insure that each decision on any application or
petition requesting an adjustment shall specify the standards of
hardship, inequity, or unfair distribution of burden by which any
disposition was made, and the specific application of such standards to
the facts contained in any such application or petition.
(b)(1) If any person is aggrieved or adversely affected by a denial
of a request for adjustment under subsection (a) such person may request
a review of such denial by the Commission and may obtain judicial review
in accordance with this title when such a denial becomes final.
(2) The Commission shall, by rule, establish appropriate procedures,
including a hearing when requested, for review of a denial. Action by
the Commission under this section shall be considered final agency
action within the meaning of section 704 of the title 5, United States
Code, and shall not be subject to further review by the Secretary or any
officer or employee of the Department. Litigation involving judicial
review of such action shall be the responsibility of the Secretary.
Sec. 505. Within one year after the effective date of this Act, //
42 USC 7195. // the Secretary shall submit a report to Congress
concerning the actions taken to implement section 501. The report shall
include a discussion of the adequacy of such section form the standpoint
of the Department and the public, including a summary of any comments
obtained by the Secretary from the public about such section and
implementing regulations, and such recommendations as the Secetary deems
appropriate concerning the procedures required by such section.
Sec. 601. // 42 USC 7211. // (a) For the purposes of this title, the
followign officers or employees of the Department are supervisory
employees:
(1) an idividual holding a position in the Department at GS -
16, GS - 17, or GS - 18 of the General Schedule or the level I,
II, III, IV, or V of the Executive Schedule, or who is in a
position at a comparable or higher level on any other Federal pay
scale, or who holds a position pursuant to subsection (b) or (d)
of section 621, or who is an expert or consultant employed
pursuant to section 3109 of title 5, United States Code, for more
than ninety days in any calendar year and receives compensation at
an annual rate equal to or in excess of the minimum rate
prescribed for individuals at GS - 16 of the General Schedual;
(2) the Director or Deputy Director of any State, regional,
district, local, or other field office maintained pursuant to
section 650 of this Act;
(3) an employee or office who has primary responsibility for
the award, review, modification, or termination of any grant,
contract, award, or fund transfer within the authority of the
Secretary; and
(4) any other employee or officer who, in the judgement of the
Secretary, exercise sufficient decisionmaking or regulatory
authority so that the provisions of this title should apply to
such individual.
(b) For purposes of this title the term "energy concern" includes--,
(1) any person significantly engaged in the business of
developing, extracting, producing, refining, transporting by
pipeline, converting into synthetic fuel, distributing, or selling
minerals for use as an energy source, or in the generation or
transmission of energy from such minerals or from wastes or
renewable resources;
(2) any person holding an interest in property from which coal,
naturla gas, crude oil, nuclear material or a renewable source is
commercially produced or obtained;
(3) any person significantly engaged in the business of
producing, generating, transmitting, distributing, or selling
electric power;
(4) any person significantly engaged in development,
production, processing, sale, or distribution of nuclear
materials, facilities, or technology;
(5) any person--,
(c)(1) The Secretary shall prepare and periodically publish a list of
persons which the Secretary has determined to be energy concerns as
defined by subsection (b). The absence of any particular energy concern
from such list shall not exempt any officer or employee from the
requirements of section 602 through 606 of this Act.
(2) At the request of any officer or employee of the Department the
Secretary shall determine whether any person is an energy concern as
defined by subsection (b).
(d) For the purposes of section 602(a), 603(a), 605(a), and 606 an
individual shall be deemed to have known of or knowingly committed a
described act or to have known of or knowingly committed a described
interest, status, or position if the employee knew or should have known
of such act, interest, status, or position. For the purposes of section
602(a) an officer or employee shall be deemed to have known of or
knowingly held an interest in an energy concern if such interest is sold
or otherwise transferred to his spouse or dependent while such officer
or employee is, or within six months prior to the date on which such
officer or employee becomes, an officer or employee of the department.
The placing of an interest under a trust by an individual shall not
satisfy the requirements of section 602 or waive the requirements of
section 603 as to such interest unless none of the interests placed
under such trust by such indivuduals consists of known financial
interests in any energy concern.
Sec. 602. // 42 USC 7212. // (a) No supervisory employee shall
knowingly receive compensation from, or hold any official relation with,
any energy concern, or own stocks or bonds of any energy concern, or
have an pecuniary interest therein.
(b) Personnel transferred to the Department pursuant to section 701
of this Act shall have six months to comply with the provisions of
subsection (a) with respect to prohibited property holding. Any person
transferred pursuant to section 701 of this Act shall notify the
Secretary or his designee of all known circumstance which would be
violative of the restrictions set forth in subsection (a) not later than
thirty days after the date of such transfer, as determined by the United
States Civil Service Commission.
(c) Where exceptional hardship would result, or where the interest is
a pension, insurance or other similarly vested interest, the Secretary
is authorized to waive the requirements of this section for such period
as he may prescribe with respect to any supervisory employee covered.
Such waiver shall:
(1) be published in the Federal Register;
(2) contain a finding by the Secretary that exceptional
hardship would result or that there is such a vested interest;
and
(3) state the period of the waiver and indicate the actions
taken to minimize or eliminate the conflict of interest during
such period.
(d) Any supervisory employee who continues to receive income from any
energy concern, or continues to own property directly or indirectly in
any such concern shall disclose such income or ownership pursuant to
section 603.
Sec. 603. // 42 USC 7213. // (a) Each individual who at any time
during the calendar year serves as an officer or employee of the
Department shall disclose to the Secretary--,
(1) the amount of income and the identity of the source of
income knowingly received by such individuals, his spouse, or
dependent from any energy concern, and
(2) the identity and value of interest knowingly held in any
such concern
during such calendar year. Such report shall be filed not later than
thirty days after commencing service in the Department and on May if
following each such calendar year. Each report under this subsection
shall be in such form and manner as the Secretary shall, by rule,
prescribe.
(b) The Secretary shall--,
(1) act, within ninety days after the effective date of this
Act, by rule to establish the methods by which the requirement to
file written statements specified in subsection (a) will be
monitored and enforced, including appropriate provisions for the
filing by such officers and employees of such statements, for the
recording by the reviewing officer of any action taken to
eliminate any potential conflict, and for the signing of such
statement by the reviewing official; and
(2) include, as part of the report made pursuant to section
657, a report with respect to such disclosures and the actions
taken in regard thereto during the preceding calendar year.
(c) In the rules prescribed in subsection (b), the Secretary shall
identify specific positions, or classes thereof, within the Department
which are of an nonregulatory or nonpolicymaking nature at or below GS -
12 of the General Schedule and shall exempt such positions and the
indivudiuals occupying those positions from the requirements of this
section.
(d) Each individual required to file a report under this section who
during any calendar year ceases to be an officer or employee of the
Department shall file a report covering that portion of such year
beginning on January 1 and ending on the date on which he ceases to be
such an officer or employee, and such report shall be filed with the
Secretary not later than thirty days after such date.
(e) The Secretary may grant one or more reasonable extensions of time
for filing any such report under this section but the total of such
extensions shall not exceed ninety days.
Sec. 604. // 42 USC 7214. // (a) Within sixty days of becoming a
supervisory employee of the department, each supervisory employee shall
file with the Secretary, in such form and manner as the Secretary shall
prescribe, a report identifying any energy concern which paid the
reporting individual compensation in excess of $2,500 in any of the
previous five calendar years. The individual shall include in the
report--,
(1) the name and address of each source of such compensation;
(2) the period during which the reporting individual was
receiving such compensation from each such source;
(3) the title of each position or relationship the reporting
individual held with each compensating source; and
(4) a brief description of the duties performed or services
rendered by the reporting individual in each such position.
(b) Subsection (a) shall not require any individual to include in
such report any information which is considered confidential as a result
of a privileged relationship, recognized by law, between such individual
and any person; nor shall it require an individual to report any
information with respect to any person for whom services were provided
by any firm or association of which such individual was a member,
partner, or employee unless such individual was directly involved in the
provision of such services.
Sec. 605. // 42 USC 7215. // (a)(1) Except as provided in paragraph
(2) and (3), no supervisory employee shall, within one year after his
employment with the Department has ceased, knowingly--,
(A) make any appearance or attendance before, or
(B) make any written or oral communication to, and with the
intent to influence the action of;
the Department inf such appearance or communication relates to any
particular matter which is pending before the Department.
(2) Paragraph (1) shall not apply to any appearance, attendance, or
communication made, during any part of such year that such individual is
employed by, and is on behalf of, the United States; nor shall it apply
to an appearance or communication by the former supervisory employee
where such appearance or communicationis made in response to a subpena,
or concerns any matter of an exclusively personal and individual nature
such as pension benefits.
(3) Paragraph (1) shall not prohibt a former supervisory employee
with outstanding scientific or technological qualifications from making
any appearance, attendance, written or oral communication in connection
with a particular matter in a scientific or technological field if the
Secretary or the Commission, as the case may be, makes a certification
in writing, published in the Federal Register, that the national
interest would be served by such action or appearance by such former
supervisory employee.
(b)(1) Each former supervisory employee of the Department shall file
with the Secretary, in such form and manner as the Secretary shall
prescribe, not later than May 15 of the first and second calendar years
following the first full year in which such person ceased to be an
officer or employee of the Department, a report describing any
employment with any energy concern during the period to which such
report relates, including any employment as a consultant, agent,
attorney, or otherwise, except that the requirements of this subsection
shall not apply to any former supervisory employee who, at the time such
employment with the Department ceases, has any contract, promise or
other agreement with respect to future employumendt with any energy
concern, if (A) the former supervisory employee describes such agreement
in any report filed within thirty days after the individual ceases to be
an employee of the Department, and (B) the former supervisory employee
amends the report by May 15 of either of the next two years during which
he has accepted employment with another energy concern.
(2) Each report filed pursuant to paragraph (1) of this subsection
shall contain the name and address of the person filing the report, the
name and address of the energy concern with which he holds or will hold
employment furing any portion of the period covered by the report, a
brief description of his responsibilities for the energy concern, the
dates of his employment, and such other pertinent information as the
Secretary may require.
Sec. 60l. // 42 USC 7216. // (a) For a period of one year after
terminating any employment with any energy concern, no supervisory
employee shall knowingly participate in any Department proceeding in
which his former employer is substantially, directly, or materially
involved, other than in a rulemaking proceeding which has a substantial
effect on numerous energy concerns.
(b) For a period of one year after commencing service in the
Department, no supervisory employee shall knowingly participate in any
Department proceeding for which, within the previous five years, he had
direct responsibility, or in which he participated substantially
dubstantially or personally, while in the employment of any energy
concern.
(c) Whenever the Secretary makes a written finding as to a particular
supervisory employee that the application of a particular restriction or
requirement imposed by subsection (a) or (b) in a particular
circumstance would work an exceptional hardship upon such supervisory
employee or would be contrary to the national interest, the Secretart
may waive in writing such restriction or requirement as to such
supervisory employee. Any waiver made by the Secretary of a restriction
imposed under subsection (b) shall also be filed with any record of the
Department proceeding as to which the waiver for purposes of
participation is granted. No such waiver shall in any instance
constitute a waiver of the requirements of section 207 of title 18,
United States Code.
Sec. 607. // 42 USC 7217. // (a) (1) Except as provided in this
section, the Secretary shall make each report filed with him under
section 603, 604, or 605 available to the public within thirty days
after the receipt of such report, and shall provide a copy of any such
report to any person upon written request.
(2) The Secretary may require any person receiving a copy of any
report to pay a reasonable fee in any amount which the Secretary finds
necessary to recover the cost of reproduction or mailing of such report,
excluding any salary of any employee involved in such reproduction or
mailing. The Secretary may furnish a copy of any such report without
charge, or at a reduced charge, if he determines that waiver or
reduction of the fee is in the public interest because furnishing the
information primarily benefits the public.
(3) Any report received by the Secretary shall be held in his custody
and made available to the public for a period of six years after receipt
by the Secretary of such reprot. After such six-year period, the
Secretary shall destroy any such report.
(b) The Civil Service Commission shall, under such regulations as are
prescribed by the Commission, conduct, on a random basis, a sufficient
number of audits of the reports filed pursuant to section 603, 604, and
605, as deemed necessary and appropriate in order to monitor the
accuracy and completeness of such reports.
(c) The Secretary shall maintain a file containing all findings and
waivers made by him pursuant to section 602(c), 603(c), 605(a), or 606(
c) and all such findings and waivers shall be available for public
inspection and copying at all times during regular working hours in
accordance with the procedures of this section.
Sec. 608. // 42 USC 7218. // (a) Any individual who is subject to,
and knowingly violates, section 603 shall be fined not more than $2,500
or imprisoned not more than one year, or both.
(b) Any individual who violates section 602, 603, 604, 605, or 606
shall be subject to a civil penalty, assessed by the Secretary in
accordance with applicable law or by any district court of the United
States, not to exceed $10,000 for each violation.
(c) Nothwithstanding any penalty imposed under subsection (a), any
violation of section 605(a) shall be taken into consideration in
deciding the outcome of any Department proceeding in connection with
which the prohibited appearance, attendance, communication, or
submission was made.
(d) Nothing in this title shall be deemed to limit the operation of
section 207 or section 208 of title 18, United States Code. Nor shall
any waiver issued pursuant to section 602(c) constitute a waiver of the
requirements of such provision.
Sec. 621. // 42 USC 7231. // (a) In the performance of his functions
the Secretary is authorized to appoint and fix the compensation of such
officers and employees, including attorneys, as may be necessary to
carry out such functions. Except as otherwise provided in this section,
such officers and employees shall be appointed in accordance with the
civil service laws and their compensation fixed in accordance with title
5, United States Code.
(b)(1) Subject to the limitations provided in paragraph (2) and to
the extent the Secretary deems such action necessary to the discharge of
his functions, he may appoint not more than three hundred eleven of the
scientific, engineering, professional, and administrative personnel of
the department without regard to the civil service laws, and may fix the
compensation of such personnel not in excess of the maximum rate payable
for GS - 1, of the General Schedule under section 5332 of title 5,
United States Code. // 5 USC 5332. //
(2) The Secretary's authority under this subsection to appoint an
individual to such a position without regard to the civil service laws
shall cease--,
(A) when a person appointed, within four years after the
effective date of this Act, to fill such position under paragraph
(1) leaves such position, or
(B) on the day which is four years after such effective date,
whichever is later.
(c)(1) Subject to the provisions of chapter 51 of title 5, United
States Code, // 5 USC 5101. // by not withstanding the last two
sentences of section 5108(a) of such title, the Secretary may place at
GS - 16, GS - 17, and GS - 18, not to extend one hundred seventy-eight
positions of the positions subject to the limitation of the first
sentence of the section 5108(a) of such title.
(2) Appointments under ths subsection may be made without regard to
the provisions of section 3324 of title 5, United States Code, relating
to the approval by the Civil Service Commission of appointments under GS
- 16, GS - 17, and GS - 1, if the individual placed in such position is
an individual who is transferred in connection with a transfer of
functions under this Act and who, immediately before the effective date
of this Act, held a position and duties comparable to those of such
position.
(3) The Secretary's authority under this subsection with respect to
any position shall cease when the person first appointed to fill such
position leaves such position.
(d) In additon to the number of positions which may be placed at GS -
16, GS - 17, and GS - 18 under sectio 5108 of title 5, United States
Code, under existing law, or under this Act and to the extent the
Secretary deems such action necessary to the discharge of his functions,
he may appoint not more than two hundred of the scientific.
engineering, professional, and administrative personnel without regard
to the civil service laws and may fix the compensation of such personnel
not in excess of the maximum rate payable for GS - 18 of the General
Schedule under section 5332 of title 5, United States Code.
(e) For the purposes of determining the maximum aggregate number of
positions which may be placed at GS - 16, GS - 17, or GS - 18 under
section 5108(a) of title 5, United Staes Code, 63 percent of the
positions established under subsections (b) and (c) shall be deemed GS -
16 positions, 25 percent of such positions shall be deemed GS - 17
positions, and 12 percent of such positions shall be deemed GS - 18.
Sec 622. In additon to those positions created by title II of this
Act, // 42 USC 7232. // there shall be within the Department fourteen
additional officers in positions authorized by section 5316 of title 5,
United States Code, who shall be appointed by the Secretary and who
shall perform such functions as the Secretary shall prescribe from time
to time.
Sec. 623. // 42 USC 7233. // The Secretary may obtain services as
authorized by section 3109 of title 5, United States Code, at rates not
to exceed the daily rate prescribed for grade GS - 18 of the General
Schedule under section 5332 of title 5, United States Code, // 5 USC
5332 // for persons in Government service employed intermittenly.
Sec. 624. // 42 USC 7234. (a) The Secretary is authorized to
establish in accordance with the Federal Advisory Committee Act // 5 USC
app. I. // such advisory committees as he may deem appropriate to
assist in the performance of his functions. Members of such advisory
committees, other than full-time employees of the Federal Government,
while attending meetings of such committees or while otherwise serving
at the request of the Secretary while serving away from their homes or
regular places of business, may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703 of title
5, United States Code, for individuals in the Government serving without
pay.
(b) Section 1m of the Federal Energy Administration Act of 1974 // 15
USC 776. // shall be applicable to advisory committees chartered by the
Secretary, or transferred to the Secretary or the Department under this
Act, except that where an advisory committee advises the Secretary on
matters pertaining to research and development, the Secretary may
determine that such meeting shall be closed because it involves research
and development matters and comes within the exemption of section 552b
(c)(4) of title 5, United States Code.
Sec. 625. // 4i USC 7235. // (a) The Secretary is authorized to
provide for participation of Armed Forces personnel in carrying out
functions authorized to be performed, on the date of enactment of this
Act, in the Energy Research and Development Administration and under
chapter 641 of title 10, United States Code. // 10 USC 7421. // Members
of the Armed Forces may be detailed for service in the Department by the
Secretary concerned (as such term is defined in section 101 of such
title) pursuant to cooperative agreements with the Secretary.
(b) The detail of any personnel to the Department under this section
shall in no way affect status, office, rank, or grade which officers or
enlisted men may occupy or hold or any emolument, perquisite, right,
privilege, or benefit incident to, or arising out of, such status,
office, rank, or grade. Any member so detailed shall not be charged
against any statutory or other limitation or strengths applicable to the
Armed Forces, but shall be charged to such limitations as may be
applicable to the Department. A member so detailed shall not be subject
to direction or control by his armed forces, or any officer thereof,
directly or indirectly, with respect to the responsibilities exercised
in the position to which detailed.
Sec. 641. // 42 USC 7251. // To the extent necessry or appropriate
to perform any function transferred by this Act, the Secretary or any
officer or employee of the Department may exercise, in carrying out the
function so transferred, any authority or part thereof available by law,
including appropriation Acts, to the official or agency from which such
functions was transferred.
Sec. 642. // 42 USC 7252. // Except as otherwise expressly
prohitibed by law, and except as otherwise provided in this Act, the
Secretary may delegage any of his functions to such officers and
employees of the Department as he may designate, and may authorize such
successive redelegations of such functions within the Department as he
may deem to be necessary or appropriate.
Sec. 643. The Secretary is authorized to establish, alter,
consolidate or discontinue such organizational units or components
within the Department as he may deem to be necessary or apporpriate.
Such authority shall not extend to the ablolition of organizatonal units
or components established by this Act, or to the transfer of functions
vested by this Act in any organizational unit or component.
Sec. 644. // 42 USC 7254. // The Secretary is authorized to prescibe
such procedural and administrative rules and regulations as he may deem
necessary or appropriate to adminsiter and manage the functions now or
hereafter vested in him.
Sec. 645. // 42 USC 7255. // For the purpose of carrying out the
provisions of this Act, the Secretary, or his duly authorized agent or
agents, shall have the same powers and authorities as the Federal Trade
Commission under section 9 of the Federal Trade Commission Act // 15 USC
49. // with respect to all functions vested in, or transferred or
delegated to, the Secretary or such agents by this Act.
Sec 646. // 42 USC 7256. // (a) The Secretary is authorized to enter
into and perform such contracts, leases, cooperative agreements, or
other similiar transactions with public agencies and private
organizations and persons, and to make such payments (in lump sum or
installments, and by way of advance or reimbursement) as he may deem to
be necessary or appropriate to carry out functions now or hereafter
vested in the Secretary.
(b) Notwithstanding any other provisions of this title, no authority
to enter into contracts or to make payments under this title shall be
effective except to such extent or in such amounts as are provided in
advance in appropriation Acts.
Sec. 647. The Secretary is authorized to acquire (by purchase, lease,
condemnation, or otherwise), construct, improve, repair, operate, and
maintain laboratories, research and testing sites and facilities,
quarters and related accomodations for employees and dependents of
employees of the Department, personal property (including patents), or
any interest therein, as the Secretary deems necessary; and to provide
by contract or otherwise for eating facilities and other necessary
facilities for the health and welfare of employees of the department at
its installations and purchase and maintain equipment therefor.
Sec. 648. // 42 USC 7258. // (a) As necessary and when not otherwise
available, the Secretary is authorized to provide for, consturct, or
maintain the following for employees and their dependents stationed at
remote locations:
(1) Emergency medical services and supplies;
(2) Food and other subsistence supplies;
(3) Messing facilities;
(4) Audio-visual equipment, accessories, and supplies for
recreaction and training;
(5) Reimbursement for food, clothing, medicine, and other
supplies furnished by such employees in emergencies for the
temporary relief of distressed persons;
(6) Living and working quarters and facilities; and
(7) Transportation of schoolage dependents of employees to the
nearest appropriate educational facilities.
(b) The furnishing of medical treatment under paragraph (1) of
subsection (a) and the furnishing of services and supplies under
paragraphs (2) and (3) of subsection (a) shall be at prices reflecting
reasonable value as determined by the Secretary.
(c) Proceeds from reimbursements under this section shall be
deposited in the Treasury and may be withdrawn by the Secretary to pay
directly the cost of such work or services, to repay or make advances to
appropriations of funds which will initially bear all or a part of such
cost, or to refund excess sums when necessary. Such payments may be
credited to a working capital fund otherwise established by law,
including the fund established pursuant to section 653 of this Act, and
used under the law governing such fund, if the fund is available for use
by the Department for performing the work or services for which payments
is received.
Sec. 649. // 42 USC 7259. // (a) With their consent, the Secretary
and the Federal Energy Regulatory Commission may, with or without
reimbursement, use the research, equipment, and facilities of any agency
or instrumentality of the United States or of any State, the District of
Columbia, the Commonwealth of Puerto Rico, or any territory or
possession of the United States, or of any political subdivision
thereof, or of any foreign government, in carrying out any function now
or hearafter vested in the Secretary or the Commission.
(b) In carrying out his functions, the Secretary, under such terms,
at such rates, and for such periods not exceeding five years, as he may
deem to be in the public interest, is authorized to permit the use by
public and private agencies, corporations, associations, or other
organizations or by individuals of any real property, or any facility,
structure, or other improvement thereon, under the custody of the
Secretary for Department purposes. The Secretary may require permittees
under this section to recondition and maintain, at their own expense,
the real property, facilities, structures, and improvements involved to
a satisfactory standard. This section shall not apply to excess
property as defined in 3(e) of the Federal Property and Administrative
Services Act of 1949. // 40 USC 472. //
(c) Proceeds from reimbursements under this section shall be
deposited in the Treasury and may be withdrawn by the Secretary or the
head of the agency or instrumentality of the United States involved, as
the case may be, to pay directly the costs of the equipment, or
facilities provided, to repay or make advances to appropriations or
funds which do or will initially bear all or a part of such costs, or to
refund excess sums when necessary, except that such proceeds may be
credited to a working capital fund otherwise established by law,
including the fund established pursuant to section 653 of this Act, and
used under the law governing such fund, if the fund is available for use
for providing the equipment or facilities involved.
Sec. 650. // 42 USC 7260. // The Secretary is authorized to
establish, alter, consolidate or discontinue and to maintain such State,
regional, district, local or other field offices as he may deem to be
necessary to carry out functions vested in him.
Sec. 651. // 42 USC 7261. // The Secretary is authorized to acquire
any of the following described rights if the property acquired thereby
is for use by or for or useful to, the Department:
(1) copyrights, patents, and applications for patents, designs,
processes, and manufacturing data;
(2) licenses under copyrights, patents, and applications for
patents; and
(3) releases, before suit is brought, for past infringement of
patents or copyrights.
Sec. 652. // 42 USC 7262. // The Secretary is authorized to accept,
hold, administer, and utilize gifts, bequests, and devises of property,
both real and personal, for the purpose of aiding or facilitating the
work of the Department. Gifts, bequests, and devises of money and
proceeds from sales of other property received as gifts, bequests, or
devises shall be deposited in the Treasury and shall be disbursed upon
the order of the Secretary. Property accepted pursuant to this section,
and the proceeds thereof, shall be used as nearly as possible in
accordance with the terms of the gift, bequest, or devise. For the
purposes of Federal income, estate, and gift taxes, property accepted
under this section shall be considered as a gift, bequest, or devise to
the United States.
Sec. 653. // 42 USC 7263. The Secretary is authorized to establish a
working capital fund, to be available without ficscal year limitations,
for expenses necessary for the maintenance and operation of such common
administrative services as he shall find to be desirable in the
interests of economy and efficiency, including such services as a
central supply service for stationery and other supplies and equipment
for which adequate stocks may be maintained to meet in whole or in part
the requirements of the Department and its agencies; central messenger,
mail, telephone, and other communications services; office space,
central services for document reproduction, and for graphics and visual
aids; and a central library service. The capital of the fund shall
consist of any appropriations made for the purpose of providing capital
(which appropriations are hereby authorized) and the fair and reasonable
value of such stocks of supplies, equipment, and other assets and
inventories on order as the Secretary may transfer to the fund, less the
related liabilities and unpaid obligations. Such funds shall be
reimbursedin advance from available funds of agencies and offices in the
Department, or from other sources, for supplies and services at rates
which will approximate the expense of operation, including the accrual
of annual leave and the depreciation of equipment. The fund shall also
be credited with receipts from sale or exchange of property and receipts
in payment for loss or damage to property owned by the fund. There
shall be covered into the United States Treasury as miscellaneous
receipts any surplus found in the fund (all assets, liabilities, and
prior losses considered) above the amounts transferred or appropriated
to establish and maintain said fund. There shall be transferred to the
fund the stocks of supplies, equipment, other assets, liabilities, and
unpaid obligations relating to the services which he determines will be
performed through the fund. Appropriations to the fund, in such amounts
as may be necessary to provide additional working capital, are
authorized.
Sec. 654. // 42 USC 7264. // The Secretary shall cause a seal of
office to be made for the Department of such design as he shall approve
and judicial notice shall be taken of such seal.
Sec. 655. // 42 USC 7265. // (a) The Governors of the various States
may establish Regional Energy Advisory Boards for their regions with
such membership as they may determine.
(b) Representatives of the Secretary, the Secretary of Commerce, the
Secretary of the Interior, the Chairman of the Council on Environmetal
Quality, the Commandant of the Coast Guard and the Adminsitrator of the
Environmental Protection Agency shall be entitled to participate as
observers in the deliberations of any Board established pursuant to
subsection (a) of this section. The Federal Cochairman of the
Appalachian Regional Commission or any regional commission under title V
of the Public Works and Economic Development Act // 42 USC 3181. //
shall be entitled to participate as an observer in the deliberations of
any such Board which contains one or more States which are members of
such Commission.
(c) Each Board established pursuant to subsection (a) may make such
recommendations as it determines to be appropriate to programs of the
Department having a direct effect on the region.
(d) If any Regional Advisory Board makes specific recommendations
pursuant to subsection (c), the Secretary shall, if such recommendations
are not adopted in the implementations of the program, notify the Board
in writing of his reasons for not adopting such recommendations.
Sec. 656. // 42 USC 7266. // The Secretary of Defense, the Secretary
of Commerce, the Secretary of Housing and Urban Development, The
secretary of Transportation, the Secretary of Agriculture, the Secretary
of the Interior, the United States Postal Service, and the Adminsitrator
of General Services shall each designate one Assistant Secretary of
Assistant Adminstrator, as the case may be, as the prinical conservation
officer of such Department or of the Administration. Such designated
principal conservation officer shall be principally responsible for
planning and implementation of energy conservation programs by such
Department or Administration and principally responsible for
coordination with the Department of Energy with respect to energy
matters. Ach agency, Department or Administration required to designate
a principal conservation officer pursuant to this section shall
periodically inform the Secretary of the identity of such conservation
officer, and the Secretary shall periocally publish a list identifying
such officers.
Sec. 657. // 42 USC 7267., // The Secretary shall, as soon as
practicable after the end of each fiscal year, commencing with the first
complete fiscal year following the effective date of this Act, make a
report to the President for submission to the Congress on the activities
of the Department during the preceding fiscal year. Such report shall
include a statement of the Secretary's goals, priorities, and plans for
the Department, together with an assessment of the progress made toward
the attainment of those goals, the effective and efficient management of
the Department, and progress made in coordination of its functions with
other departments and agencies of the Federal Government. In addition,
such report shall include the information required by section 15 of the
Federal Energy Administration Act of 1974, // 15 USC 774. // section
307 of the Energy Reorganization Act of 1947, // 42 USC 5877 // and
section 15 of the Federal Nonnuclear Energy Research and Development Act
of 1974, // 42 USC 5914. // and shall include:
(1) projected energy needs of the United States to meet the
requirements of the general welfare of the people of the United
States and the commercial and industrial life of the Nation,
including a comprehensive summary of data pertaining to all fuel
and energy needs of residents of the United States residing in--,
(2) an estimate of (A) the domestic and foreign energy supply
on which the United States will be expected to rely to meet such
needs in an economic manner with due regard for the protection of
the environment, the conservation of natural resources, and the
implementation of foreign policy objectives, and (B) the
quantities of energy expected to be provided by different sources
(including petroleum, natural and synthetic gases, coal, uranium,
hydroelectric, solar, and other means) and the expected means of
obtaining such quantities;
(3) current and foreseeable trends in the price, quality,
management, and utilization of energy resouces and the effects of
those trends on the social, environmental, economic, and other
requirements of the Nation;
(4) a summary of research and development efforts funded by the
Federal Government to develop new technologies, to forestall
energy shortages, to reduce waste, to foster recycling, to
encourage conservation practices, and to increase efficiency; and
further such summary shall include a description of the activities
the Department is performing in support of environmental, social,
economic and institutional, biomedical, physical and safety
research, development, demonstration, and monitoring, activities
necessary to guarantee that technological programs, funded by the
Department, are undertaken in a manner consistent with and capable
of maintaining or improving the quality of the environment and of
mitigating any undesirable environmental and safety impacts;
(5) a review and appraisal of the adequacy and appropriatness
of technologies, procedures, and practices (including competitive
and regulatory practices) employed by Federal/ State, and local
governments and nongovernmental entities to achieve the purposes
of this Act;
(6) a summary of cooperative and voluntary efforts that have
been mobilized to promote conservation and recyclying, together
with plans for such efforts in the succeeding fiscal year, and
recommendations for changes in law and regulations needed to
encourage more conservation and recycling by all segments of the
Nation's populace;
(7) a summary of substantive measures taken by the Department
to stimulate and encourage the development of new manpower
resources through the Nation's colleges and universities and to
involve these institutions in the execution of the Department's
research and development programs; and
(8) to the extent practicable, a summary of activities in the
United States by companies or persons which are foreign owned or
controlled and which own or control United States energy sources
and supplies, including the magnitude of annual foreign direct
investment in the energy sector in the United States and exports
of energy resources form the United States by foreign owned or
controlled business entities or persons, and such other related
matters as the Secretary may deem appropriate.
Sec. 658. The Secretary of the Interior shall submit to the Congress
not later than one year after the date of enactment of this Act, // 42
USC 7268. // a report on the organization of the leasing operations of
the Federal Government, together with any recomendations for
reorganizations such functions may deem necessary or appropriate.
Sec. 659. The Secretary, when authorized in an appropriation Act, //
42 USC 7269. // in any fiscal year, may transfer funds from one
appropriation to another within the Department, except that no
approporiation shall be either increased or decreased pursuant to this
section by more than 5 per centum of the appropriation for such fiscal
year.
Sec. 660. Appropriation to carry out the provisions of this Act //
42 USC 7270 // shall be subject to annual authorization.
Sec. 701. (a) Except as otherwise provided in this Act, // 42 USC
7291. // the personnel employed in connection with, and the assest,
liabilities, contracts, property, records, and unexpended balance of
appropriations authorizations, allocations, and other funds employed,
held, used, arising from, available to or to be made available in
connection with the functions transferred by this Act, subject to
section 202 of the Budget and Accounting Procedure Act of 1950, // 31
USC 581c. // are hereby transferred to the Secretary for appropriate
allocation. Unexpended funds transferred pursuant to this subsection
shall only be used for the purposes for which the funds were originally
authorized and appropriated.
(b) Positions expressly specified by statute or reorganization plan
to carry out function transferred by this Act, personnel occupying those
positions on the effective date of this Act, and personnel authorized to
receive compensation in such positions at the rate prescribed for
offices and positions at level I, II, III, IV, or V of the executive
schedule (5 U.S.C. 5312 - 5316) on the effective date of this Act, shall
be subject to the provisions of section 703 of this Act.
Sec. 702. (a) Except as otherwise provided in this Act, // 42 USC
7292. // the transfer pursuant to this title of full-time personnel
(except special Government employees) and part-time personnel holding
permanent positions pursuant to this title shall not cause any such
employee to be separated or reduced in grade or compensation for one
year after the date of enactment of this Act, except that full-time
temporary personnel employed at the Energy Research Centers of the
Energy Researc and Development Administration upon the establishment of
the Department who are determined by the Department to be performing
continuing functions may at the employee's option be converted to
permanent full-time status within one hundred and twenty days following
their transfer to the Department. The Employment levels of full-time
permanent personnel authorized for the Department by other law or
administrative action shall be increased by the number of employees who
exercise the option to be converted.
(b) Any person who, on the effective date of this Act, held a
position compensated in accordance with the Executive Schedule
prescirbed in chapter 53 of title 5, United States Code, // 5 USC 5301.
// and who, without a break in service, is appointed in the Department
to a position having duties comparable to those performed immediately
preceding his appointment shall continue to be compensated in his new
position at not less than the rate provided for his previous position,
for the duration of his service in the new position.
(c) Employees transferred to the Department holding reemployement
rights acquired under section 28 of the Federal Energy Administration
Act of 1974 // 15 USC 786. // or any other provision of law or
regulation may exercise such rights only within one hundred twenty days
from the effective date of this Act or within two years of acquiring
such rights, whichever is later. Reemployment rights may only be
exercised at the request of the employee.
Sec. 703. Except as otherwise provided in this Act, // 42 USC 7293.
// whenever all of the functions vested by lay in any agency,
commission, or other body, or any component thereof, have been
terminated or transferred from that agency, commission, or other body,
or component by this Act, the agency, commission, or other body, or
component, shall terminate. If an agency, commission, or other body, or
any component thereof, terminates pursuant to the preceeding sentence,
each position and office therein which was expressly authorized by law,
or the incumbent of which was authorized to recieve compensation at the
rates prescribed for an office or position at level II, III, IV, or V of
the Executive Schedule (5 U.S.C. 5313 - 5316), shall terminate.
Sec. 704. // 42 USC 7294. // The Director of the Office of
Management, and Budget, in consultation with the Secretary and the
Commission, is authorized and directed to make such determinations as
may be necessary with regard to the transfer of functions which relate
to or are utilized by an agency, commission or other body, or component
thereof affected by this Act, to make such additional incidental
dispostions of personnel, assets, liabilities, contracts, property,
records and unexpended balances of appropriations, authorizations,
allocations, and other funds held, used, arising from, available to or
to be made available in connection with the functions transferred by
this Act, as he may deem necessary to accomplish the purpose of this
Act.
Sec. 705. // 42 USC 7295. // (a) All orders, determinations, rules,
regulations, permits, contracts, certificates, licenses, and
privileges--,
(1) which have been issued, made, granted, or allowed to become
effective by the President, any Federal department or agency or
official thereof, or by a court of competent jurisdiction, in the
performance of functions which are transferred under this Act to
the Department or the Commission after the date of enactment of
this Act, and
(2) which are in effect at the time this Act takes effect,
shall continue in effect according to thier terms until modified,
terminated, superseded, set aside, or revoked in accordance with law by
the President, the Secretary, the Federal Energy Regulatory Commission,
or other authorized officals, a court of competent jurisdiction, or by
operation of law.
(b)(1) The provisions of this Act shall not affect any proceedings or
any application for any license, permit, certificate, or financial
assistance pending at the time this Act takes effect before any
department, agency, commission, or component thereof, fucntion of which
are transferred by this Act; but such proceedings and applications, to
the extent that they relate to functions so transferred, shall be
continued. Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payements shall be made pursuant to such orders, as
if this Act had not be enacted; and orders issued in any such
proceedings shall continue in effect until modified, terminated,
superseded, or revoked by a duly authorized official, by a court of
competnent jurisdiction, or by operation of law. Nothing in this
subsection shall be deemed to prohibit the discontinuance or
modification of any such proceeding under the same terms and conditions
and to the same extent that such proceeding could have been discontinued
or modified if this Act had not been enacted.
(2) The Secretary and the Commission are authorized to promulgate
regulations providing for the orderly transfer of such proceedings to
the Department or the Commissiion.
(c) Except as provided in subsection (e)--,
(1) the provisions of this Act Shall not be affect suits
commenced prior to the date this Act takes effect, and
(2) in all such suits, proceedings shall be had, appeals,
taken, and judgments rendered in the same manner and effect as if
this Act had not been enacted.
(d) No suit, action, or other proceeding commenced by or against any
officer in his official capacity as an officer of any department or
agency, functions of which are transferred by this Act, shall abate by
reason of the enactment of this Act. No cause of action by or against
any department or agency, functions of which are transferred by this
Act, or by or against any officer thereof in his official capacity shall
abate by reason of the enactment of this Act.
(e) If, before the date on whihc this Act takes effect, any
department or agency, or officer thereof in his official capacity,
is a party to a suit, and under this Act any function of such
department, agency, or officer is transferred to the Secretary or
any other official, then such suit shall be continued with the
Secretary or other official, as the case may be, substituted.
sec. 706. If any provision of this Act // 42 USC 7296. // or the
application thereof to any person or circumstance is held invalid,
neither the remainder of this Act nor the appication of such provision
to other persons or circumstances shall be affected thereby.
Sec. 707. With respect to any function transferred by this Act // 42
USC 7297. // an exercised after the effective date of this Act,
reference in any other Federal law to any department, commission, or
agency or any officer or office the functions of which are so
transferred shall be deemed to refer to the Secretary, the Federal
Energy Regulatory Commission, or other official or component of the
Department in which this Act vests such functions.
Sec. 708. Except as provided in title IV, nothing contained in this
Act // 42 USC 7298. // shall be construed to limit, curtail, abolish,
or terminate any function of, or authority available to, the President
which he had immediately before the effective date of this Act; or to
limit, curtail, abolish, or terminate his authority to delegate,
redelegate, or terminate any delegation of fucntions.
Sec. 709. (a) The Federal Energy Administration Act of 1974 // 15
USC 761 15 USC 763, 768, 786, 761 15 USC 766. // is amended:
(1) by repealing section 4, 9, 28, and 30;
(2) in section 7--,
11 15 USC 766. //
by striking out subsection (d), (e), (f), (g), and (h);
"subsection (c)";
(3) in section 52(a)--,
// 15 USC 790a. //
"(4) the States to the extent required by the Natural Gas Act
// 15 USC 717w. //
and the Federal Power Act."
// 16 USC 791a. 15 USC 790d. //
; and
(4) in section 55(b)--,
(b) The Energy Reorganization Act of 1974 // 42 USC 5818. // is
amended by the repealing section 108.
(c)(1) The atomic Energy Act of 1954 // 42 USC 2036. // is amended
by repealing section 26.
(2) Section 161(d) of the Atomic Energy Act of 1954 // 42 USC 2201.
// shall not apply to functions transferred by this Act.
(d) In section 509(c)(6) and (e) of title 5 of the Housing and Urban
Development Act of 1970. // 12 USC 1701z--8 // add "the Secretary of
Housing and Urban Development," to those individuals and agencies with
whom the Secretary of the Department of Energy must consult.
(e) The Energy Conservation Standards for New Buildings Act of 1976
is amended as follows:
(1) in section 304(c),
// 42 USC 6833. //
by inserting "the Secretary of Housing and Ubran Development,"
after "the Administrator,". and
(2) in section 310,
// 42 USC 6839. //
by inserging " Secretary of Housing and Urban Development," after
"the Administrator,".
(f) The Rural Electrification Act of 1936 is amended by adding a new
section 16 to title I thereof to read as follows,".
" Sec. 16. // 7 USC 916. // In order to insure coordination of
electric generation and transmission financing under this Act with the
national energy policy, the Administrator in making or guaranteeing
loans for the construction, operation, or enlargement of generating
plants or electric transmission
lines or systems, shall consider such general criteria consistent
with the provisions of this Act as may be published by the Secretary of
Energy.".
(g) Section 19(d)(1) of title 3, United States Code, is amended by
inserting immediately before the period at the end thereof the
following: ", Secretary of Energy".
Sec. 710. (a) Section 101 of title 5, United States Code is amended
by adding at the end thereof the following:
" The Department of Energy.".
(b) Subsection (a) of section 5108 of title 5, United States Code, is
amended by striking out "an aggregate of 2,754" and inserting in lieu
thereof "an aggregate of 3,243".
(c) Section 5312 of title 5, United States Code, is amended by adding
at the end thereof the following:
"(14) Secretary of Energy.".
d
(d) Paragraph (22) of section 5313 of title 5, United States Code, is
amended to read as follows:
"(22) Deputy Secretary of Energy.".
(e) Section 5314 of title 5, United States Code, is amended by
striking out, in paragraph (21), " Federal Power Commission" and by
inserting in lieu thereof " Federal Energy Regularory Commission", and
by amending paragraph (60) to read as follows:
"(60) Under Secretary, Department of Energy".
(f) Section 5315 of title 5, United States Code, is amended by
striking out, in paragraph (60), " Federal Power Commission" and
inserting in lieu therof " Federal Energy Regulatory Commission", by
striking out paragraph 102, and by adding at the end of the section the
following:
"(114) Assistant Secretaries of Energy (8).
"(115) General Counsel of the Department of Energy.
"(116) Adminsitrator, Economic Regulatroy Administration,
Department of Energy.
"(117) Administrator, Energy Information Adminstration,
Department of Energy.
"(118) Inspector General, Department of Energy.
"(119) Director, Office of Energy Research, Department of
Energy.".
(g) Paragraphs (135) and (136) of section 5316 of title 5, United
States Code, are amended to read as follows:
"(135) Deputy Inspector General, Department of Energy.
"(136) Additional Officers, Department of Energy (14).".
Sec. 711. // 42 USC 7299. // With the consent of the appropriate
department or agency head concerned, the Secretary is authorized to
utilize the services of such officers, employees, and other personnel of
the department and agencies from which functions have been transferred
to the Secretary for such period of time as may reasonably be needed to
facilitate the orderly transfer of fuuction under this Act.
Sec. 712. The Civil Service Commission shall, as soon as practicable
but not later than one year after the effective date of this Act, // 42
USC 7300. // prepare and transmit to the Congress a report on the
effects on employees of the reorganization under this Act, which shall
include--,
(1) an identification of any position within the Department or
elsewhere in the executive branch, which it considers unnecessary
due to consolidation of functions under this Act;
(2) a statement of the number of employees entitled to pay
savings by reason of the recorganization under this Act;
(3) a statement of the number of employees who voluntarily or
involuntarily separated by reason of such reorganization;
(4) an estimate of the personnel costs associated with such
reorganization;
(5) the effects of such reorganization on labor management
relations; and
(6) such legislative and administrative recommendations for
improvements in personnel management within the Department as the
Commission considers necessary.
Sec. 713. The transfer of functions under titles III and IV of this
Act // 42 USC 7301. // shall not affect the validity of any draft
environmental impact statement published before the effective date of
this Act.
Sec. 801. // 42 USC 7321. // (a) The President shall--,
(1) prepare and submit to the Congress a proposed National
Energy Policy Plan (hereinafter in this title referred to as a
"proposed Plan") as provided in subsection (b);
(2) seek the active participation by regional, State, and local
agencies and instrumentalities and the private sector through
public hearings in cities and rural communities and other
appropriate means to insure that the views and proposals of all
segments of the economy are take into account in the formulation
and review of such proposed Plan;
(3) include within the proposed Plan a comprehensive summary of
data pretaining to all fuel and energy needs of persons residing
in--,
(b) Not later than April 1, 1979, and biennially thereafter, the
Presidnet shall transmit to the Congress the proposed Plan. Such
proposed Plan shall--,
(1) consider and establish energy production, utilization, and
conservation objectives, for periods of five and ten years,
necessary to satisfy projected energy needs of the United States
to meet the requirements of the general welfare of the people of
the United States and the Commercial and industrial life of the
Nation, paying particular attention to the needs for full
employment, price stability, energy security, economic growth,
environmental protection, nuclear non-proliferation, special
regional needs, and the efficient utilization of public and
private resources;
(2) identify the strategies that should be followed and the
resources that should be committed to achieve such objectives,
forecasting the level of production and investment necessary in
each of the significant energy supply sectors and the level of
conservation and investment necessary in each consuming sector,
and outlining the appropriate policies and actions of the Federal
Government that will maximize the private production and
investment necessary in each of the significant energy supply
sectors consistent with applicable Federal, State, and local
environmental laws, standards, and requirements; and
(3) recommended legislative and administrative actions
necessary and desirable to achieve the objectives of such proposed
Plan, including legislative recommendations with respect to taxes
or tax incentives, Federal fundings, regulatory actions, antitrust
policy, foreign policy, and international trade.
(c) The President shall submit to the Congress with the
proposed Plan a report which shall include--,
(1) whatever data and analysis are necessary to support the
objectives, resource needs, and policy recommendations contained
in such proposed Plan;
(2) an estimate of the domestic and foreign energy supplies on
which the United States will be expected to rely to meet projected
energy needs in an economic manner consistent with the need to
protect the environment, conserve natural resources, and implement
foreign policy objectives;
(3) an evaluation of current and foreseeable trends in the
price, quality, management, and utilization of energy resources
and the effects of those trends on the social, environmental,
economic, and other requirements of the Nation;
(4) a summary of research and development efforts funded by the
Federal Government to forestall energy shortages, to reduce waste,
to foster recycling, to encourage conservation practices, and to
otherwise protect environmental quality, including recommendations
for developing technologies to accomplish such purposes; and
(5) a review and appraisal of the adequacy and appropriateness
of technologies, procedures, and practices, (including competitive
and regulatory practices) employed by Federal State, and local
governments and nongovernmental entities to achieve the purposes
of the Plan.
(d) The President shall insure that consumers, small businesses, and
a wide range of other interests, including those of individual citizens
who have non financial interest in the energy industry, are consulted in
the development of the Plan.
Sec. 802. // 42 USC 7322. // (a) Each proposed Plan shall be
referred to the appropriate committees in the Senate and the House of
Representatives.
(b) Each such committee shall review the proposed Plan and, if it
deems appropirate and necessary, report to the Senate or the House of
Representatives legislation regarding such Plan which may contain such
alternatives to, modification of, or additions to the proposed Plan
submitted by the President as the committee deems approprite.
Sec. 901. The provisions of this Act // 42 USC 7341. // shall take
effect one hundred and twenty days after the Secretary first takes
office, or on such earlier date as the President may prescribe and
publish in the Federal Register, except that at any time after the date
of enactment of this Act, (1) any of the officers provided for in title
II and title IV of this Act may be nominated and appointed, as provided
in those titles, and (2) the Secretary and the Commission may promulgate
regulations pursuant to section 705(b)(2) of this Act at any tme after
the date of enactment of this Act. Funds available to any department or
agency (or any official or component thereof), functions of which are
transferred to the Secretary or the Commission by this Act, may with the
approval of the Director of the Office Management and Budget, be used to
pay the compensation and expenses of any officer appointed pursuant to
this subsection until such time as funds for that purpose are otherwise
available.
Sec. 902. In the event that one or more officers required by this
Act // 42 USC 7342. // to be appointed by and with the advice and
consent of the Senate shall not have entered upon office on the
effective date of this Act, the President may designate any officer,
whose appointment was required to be made, by and with the advice and
consent of the Senate, and who was such an officer immediately prior to
the effective date of the Act, to act in such office until the office is
filled as provided in this Act. While so acting such persons shall
recieve compensation at the rates provided by this Act for the
respective office in which they act.
Sec. 1001. // 42 USC 7351. // Not later than January 15, 1982, the
President shall prepare and submit to the Congress a comprehensive
review of each program of the Department. Ach such review shall be made
available to the committee or committees of the Senate and House of
Representatives having jurisdiciton with respect to the annual
authorization of funds, pursuant to section 663, for such programs for
the fiscal year beginning October 1, 1982.
Sec. 1002. // 42 USC 7352. // Each comprehensive review prepared for
submission under section 1001 shall include--,
(1) the name of the component of the Department responsible for
administering the program;
(2) an identification of the objectives intended for the
program and the problem or need which th eprogram was intended to
address;
(3) an indentification of any other programs having similar or
potentially conflicting or duplicative objectives;
(4) an assessment of alternative methods of achieving the
purposes of the program;
(5) a justification for the authorization of new budget
authority, and an explanation of the manner in which it conforms
to and integrates with other efforts;
(6) an assessment of the degree to which the original
objectives of the program have been achieved, expressed in terms
of the performance, impact, or accomplishments of the program and
of the problem or need which it was intended to address, and
employing the procedures or methods of analysis appropriate to the
type or character of the program;
(7) a statement of the performance and accomplishments of the
program in each of the previous four completed fiscal years and of
the budgetary costs incurred in the operation of the program; (8)
a statement of the number and types of beneficiaries or persons
served by the program;
(9) an assessment of the effect of the program on the national
economy, including, but not limited to, the effects on
competition, economic stability, employment, unemployment,
productivity, and price inflation, including costs to consumers
and to businessess;
(10) an assessment of the impact of the program on the Nation's
health and safety;
(11) an assessment of the degree to which the overall
adminstration of the program, as expressed in the rules,
regulations, orders, standards, criteria, and decisions of the
officers executing the program, are believed to meet the
objectives of the Congress in estabilishing the program;
(12) a projection of the anticipated needs of accomplishing the
objectives of the program, including an estimate if applicable of
the date on which, and the conditions under which, the program may
fulfill such objectives;
(13) an analysis of the services which could be provided and
performance which could be achieved if the program were continued
at a level less than, equal to, or greater than the existing
level; and
(14) recommendations for necessary transitional requirements in
the event that funding for such program is discontinued, including
proposals for such executives or legislative action as may be
necessary to prevent such discontinuation form being unduly
disruptive.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 -346, pt. I (Comm. on Government Operations)
and No. 95 346, pt . II (Comm. on Post Office and Civil Service), both
parts accomplanying H.R. 6804, and 95 - 539 (Comm. of Conference).
SENATE REPORTS: No. 95 - 164 (Comm. on Governmental Affairs) and No.
95 - 637 (Comm. of Conference).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 18, considered and passed Senate.
June 2, H.R. 6804 considered in House.
June 3, considered and passed House, amended in lieu of H.R.
6804.
Aug. 2, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug.
4, Presidental statement.
PUBLIC LAW 95-90, 91 STAT. 564
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That section 17(a) of the
Federal Home Loan Bank Act, 12 U.S.C. 1437, as amended, is amended by
adding the following immediately at the end thereof: " Upon the
expiration of the term of office of a member of the Federal Home Loan
Bank Board, such member shall continue to serve until a successor is
appointed and has qualified, but not to exceed forty-five days.".
Sec. 2. The last sentence of section 17(a) of the Federal Home Loan
Bank Act is repealed, effective August 15, 1977.
Sec. 3. This resolution // 12 USC 1437 // shall take effect on July
1, 1977.
LEGISLATIVE HISTORY:
CONGRESSIONAL RECORD, Vol. 123 (1977):
Aug. 1, considered and passed Senate and House.
PUBLIC LAW 95-89, 91 STAT. 553
to improve the disaster assistance, certificate of
competency and Small Business
set-aside programs, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of American in Congress assembled.
Sec. 101. (a) Section 4(c)(1) of the Small Business Act // 15 USC
633. // is amended by striking out ",including administrative expenses
in connection with such functions" following "7(g) of this Act" and by
striking out ", including administrative expenses in connection with
such functions" following " Small Business Investment Act" of 1958".
(b) Section 4(c)(3) of such Act // 15 USC 636. // is amended by
striking the last sentence.
(c) Section 4(c)(4) of such Act is repealed.
(d) Section 7(a)(8) of such Act is repealed.
(e) Section 7(g)(4) of such Act is repealed.
Sec. 102. Section 20 of the Small Business Act // 15 USC 631. // is
amended to read as follows:
" Sec. 20. (a) There are hereby authorized to be appropriated such
sums as may be necessary and appropriate to carry out the provisions and
purposes of this Act other than those for which appropriations are
specifically authorized.
"(b) The following program levels are authorized for fiscal year
1978:
"(1) For the programs authorized by section 7(a) of this Act, the
Administration is authorized to make $400,000,000 in direct loans,
$15,000,000 in immediate participation loans, and $3,000,000,000 in
deferred participation loans.
"(2) For the programs authorized by section 7(h) of this Act, the
Administration is authorized to make $30,000,000 in direct and immediate
participation loans and $20,000,000 in guaranteed loans.
"(3) For the programs authorized by section 7(i) of this Act, the
Administration is authorized to make $60,000,000 in direct and immediate
participation loans and $81,000,000 in guaranteed loans.
"(4) For the programs authorized by sections 501 and 502 of the Small
Business Investment Act of 1958, // 15 USC 695, 696. // the
Administration is authorized to make $45,000,000 in direct and immediate
participation loans and $41,000,000 in guaranteed loans.
"(5) For the programs authorized by title III of the Small Business
Investment Act of 1958, // 15 USC 681. // the Administration is
authorized to make $20,000,000 in direct purchase of debentures and
preferred securities and to make $180,000,000 in guarantees of
debentures.
"(6) For the programs authorized by part B of title IV of the Small
Business Investment Act of 1958, // 15 USC 694a. // the Administration
is authorized to enter into guarantees not to exceed $2,000,000,000.
"(7) For the programs authorized by sections 7(b)(3), 7nb)(4), 7(b)(
5), 7(b)(6), 7(b)(8), 7(b)(9), and 7(g) of this Act, // 15 USC 636. //
the Administration is authorized to enter into $300,000,000 in loans,
guarantees, and other obligations or commitments.
"(8) For the programs authorized in sections 404 and 405 of the Small
Business Investment Act of 1958, // 15 USC 694 - 1. 694 - 2. // the
Administration is authorized to enter into guarantees not to exceed
$150,000,000.
"(9) There are hereby authorized to be appropriated such sums as may
be necessary and appropriate for the carrying out of the provisions and
purposes, except for administrative expenses, of sections 7(b)(1) and
7(b)(2) of this Act.
"(c) There are authorized to be appropriated to the Administration
for fiscal year 1978, $1,400,000,000 to carry out the programs referred
to in subsection (b), paragraphs (1) through (9). Of such sum,
$47,100,000 shall be available for the purpose of carrying out the
provisions of section 412 of the Small Business Investment Act of 1958.
// 15 USC 694c. // $4,000,000 shall be available for the purpose of
carrying out the provisions of section 403 of the Small Business
Investment Act of 1958, // 15 USC 694. // and $171,000,000 shall be
available for salaries and expenses of the Administration, of which
amount--,
"(1) $13,000,000 shall be available for procurement assistance,
with priority given to developing a small business procurement
source data bank and to employing additional procurement officers
to increase the number and total value of set-asides, including
those under section 8(a) of this Act; // 15 USC 637 //
"(2) $32,000,000 shall be available for management and
technical assistance, with priority given to development of
effective training programs and counseling services, development
of small business development centers and development of an
effective small business technology transfer program;
"(3) $6,000,000 shall be available for research and advoacy,
with priority given to developing a small business economic data
base, evaluating the required resources for a major small business
economic research and analysis unit in the Administration,
undertaking such economic research and analysis, representing the
interests of small business within the Federal Government, and
developing a small business ombudsman function to help solve small
business problems that are caused by programs, regulations, or
general activities of the Federal Government and of which no more
than $60,000 can be used for the payment of travel and
transportation of persons for the national, regional, and Samll
Business Investment Companies advisory council meetings;
"(4) $4,000,000 shall be available for the office of minority
small business; and
"(5) $3,900,000 shall be available for data management with
priority given to more effective and efficient utilization of
existing data management resources of the Administration.
"(d) The Administrator may transfer no more than 10 percent of
program levels for salaries and expenses authorized in paragraphs (1)
through (5) of section 20(c) of this Act: Provided, howerver, That no
program level authorized in such paragraphs may be increased more than
20 percent by any such transfers.
"(e) The following program levels are authorized for fiscal year
1979: "(1) For the programs authorized by section 7(a) of this Act, //
15 USC 636. // the Administration is authorized to make $440,000,000 in
direct loans. $17,000,000 in immediate participation loans, and
$3,300,000,000 in deferred participation loans.
"(2) For the programs authorized by section 7(h) of this Act, the
Administration is authorized to make $33,000,000 in direct and immediate
participation loans and $22,000,000 in guaranteed loans.
"(3) For the programs authorized by section 7(i) of this Act, the
Administration is authorized to make $66,000,000 in direct and immediate
participation loans and $89,000,000 in guaranteed loans.
"(4) For the programs authorized by sections 501 and 502 of the Small
Business Investment Act of 1958, // 15 USC 695, 696. // the
Administration is authorized to make $49,000,000 in direct and immediate
participation loans and $45,000,000 in guaranteed loans.
"(5) For the programs authorized by title III of the Small Business
Investment Act of 1958, // 15 USC 681. // the Administration is
authorized to make $22,000,000 in direct purchase of debentures and
preferred securities and to make $198,000,000 in guarantees of
debentures.
"(6) For the programs authorized by part B of title IV of the Small
Business Investment Act of 1958, // 15 USC 694a. // the Administration
is authorized to enter into guarantees not to exceed $2,200,000,000.
"(7) For the programs authorized by sections 7(b)(3), 7(b)(4), 7(b)(
5), 7(b)(6), 7(b)(7), 7(b)(8), 7(b)(9), and 7(g) of this Act, the
Administration is authorized to enter into $330,000,000 in loans,
guarnatees, and other obligations or commitments.
"(8) For the programs authorized in sections 404 and 405 of the Small
Business Investment Act of 1858, // 15 USC 694 - 1, 694 - 2. // the
Administration is authorized to enter into guarantees not to exceed
$300,000,000.
"(9) There are hereby authorized to be appropriated such sums as may
be necessary and appropriate for the carrying out of the provisions and
purposes, except for administrative expenses, of sections 7(b)(1) and
7(b)(2) of this Act.
"(f) There are authorized to be appropriated to the Administration
for fiscal year 1979, $1,565,000,000 to carry out the programs referred
to in subsection (e), paragraphs (1) through (9). Of such sum,
$52,100,000 shall be available for the purpose of carrying out the
provisions of section 412 of the Small Business Investment Act of 1958,
// 15 USC 694c. // $4,400,000 shall be available for the purpose of
carrying out the provisions of section 403 of the Small Business
Investment Act of 1958, // 15 USC 694. // and $188,000,000 shall be
available for salaries and expenses of the Administration, of which
amount--,
"(1) $14,300,000 shall be available for procurement assistance,
with priority given to developing a small business procurement
source data bank and to employing additional procurement officers
to increase the number and total value of set-asides, including
those under section 8(a) of this Act;
// 15 USC 637. //
"(2) $35,200,000 shall be available for management and
technical assistance, with priority given tgo development of
effective training programs and counseling services, development
of small business development centers, and development of an
effective small business technology transfer program;
"(3) $6,600,000 shall be available for research and advocacy,
with priority given to developing a small business economic data
base, evaluating the required resources for a major small business
economic research and analysis unit in the Administration,
undertaking such economic research and analysis, representing the
interests of small business within the Federal Government, and
developing a small business ombudsman function to help solve small
business problems that are caused by programs, regulations, or
general activities of the Federal Government and of which no more
that $66,000 can be used for the payment of travel and
transportation of persons for the national, regional, and Small
Business Investment Companies advisory council meetings;
"(4) $4,400,000 shall be available for the office of minority
small business; and
"(5) $4,290,000 shall be available for data management with
priority given to more effective and efficient utilization of
existing data management resources of the Administration.
(g) The Administration may transfer no more than 10 percent of
program levels for salaries and expenses authorized in paragraphs (1)
through (5) of section 20(f) of this Act: Provided, however, That no
program level authorized in such paragraphs may be increased more than
20 percent by any such transfers.".
Sec. 103. Section 403 of the Small Business Investment Act of 1958
// 15 USC 694 // is amended to read as follows:
" Sec. 403. There is hereby created within the Treasury a separate
fund for guarantees which shall be available to the Administrator
without fiscal year limitations as a revolving fund for the purposes of
section 401. // 15 USC 692. // All amounts received by the
Administrator, including any moneys, property, or assets derived by him
from his operations in connection with section 401, shall be deposited
in the fund. All expenses, excluding administrative expenses, pursuant
to operations of the Adminstrator under section 401 shall be paid from
the fund.".
Sec. 104. Section 405 of the Small Business Investment Act of 1958
// 15 USC 694 - 2. // is amended to read as follows:
" Sec. 405. There is hereby created within the Treasury a separate
fund for guanrantees which shall be available to the Administrator
without fiscal year limitations as a revolving fund for the purpose of
section 404. // 15 USC 694 - 1. // All amounts received by the
Administrator, including any moneys, property, or assets derived by him
from his operations in connection with section 404 shall be deposited in
the fund. All expenses and payments, excluding administrative expenses,
pursuant to operations of the Administrator under section 404 shall be
paid from the fund.".
Sec. 105. Section 412 of the Small Business Investment Act of 1958
// 15 USC 694c. // is amended to read as follows:
" Sec. 412. There is hereby created within the Treasury a separate
fund for guarantees which shall be available to the Administrator
without fiscal year limitation as a revolving fund for the purposes of
this part. All amounts received by the Administrator, including any
moneys, property, or assets derived by him from his operations in
connection with this part, shall be deposited in the fund. All expenses
and payments, excluding administrative expenses, pursuant to operations
of the Administrator under this part shall be paid from the fund.
Moneys in the fund not needed for the payment of current operating
expenses or for the payment of claims arising under this part may be
invested in bonds or other obligations of, or bonds or other obligations
guaranteed as to principal and interest by, the United States; except
that moneys provided as capital for the fund shall not be so invested.".
Sec. 106. This title // 15 USC 633 // shall become effective on
October 1, 1977.
Sec. 201. Section 4(c)(2) of the Small Business Act // 15 USC 633.
// is amended by striking out "and 7(c)(2)" and by inserting in lieu
thereof "7(c)(2), and 7(g)".
Sec. 202. Sections 4(c)(5) and 4(c)(6) of the Small Business Act are
redesignated as sections 4(c)(4) and 4(c)(5), respectively, and the new
section 4(c)(4) is amended to read as follows:
"(4) The Administration shall submit to the Committees on
Appropriations, Senate Select Committee on Small Business, and the
Committee on Small Business of the House of Representatives, as soon as
possible after the beginning of each calendar quarter, a full and
complete report on the status of each of the funds established by
paragraph (1). Business-type budgets for each of the funds established
by paragraph (1) shall be prepared, transmitted to the Committees on
Appropriations, the Senate Select Committee on Small Business, and the
Committee on Small Business of the House of Representatives, and
considered, and enacted in the manner prescribed by law (sections 102,
103, and 104 of the Government Corporation Control Act (31 U.S.C. 847 -
849)) for wholly owned Government corporations.".
Sec. 203. Section 10(a) of the Small Business Act is amended by
inserting "the Senate Select Committee on Small Business," after the
clause "the President of the Senate,".
Sec. 204. Section 10(b) of the Small Business Act // 15 USC 639. //
is amended by striking out " House Select Committee to Conduct a Study
and Investigation of the Problems of Small Business" and by inserting in
lieu thereof " Committee on Small Business of the House of
Representatives".
Sec. 205. Section 10(c)(2) of the Small Business Act is amended by
inserting ", the Senate Select Committee on Small Business" after the
word " Congress".
Sec. 206. Section 10(d) of the Small Business Act is amended by
inserting "the Senate Select Committee on Small Business," after the
clause "the President of the Senate,".
Sec. 207. Section 10(e) of the Small Business Act is amended by
striking out " House Select Committee To Conduct a Study and
Investigation of the Problems of Small Business" and by inserting in
lieu thereof " Committee on Small Business of the House of
Representatives".
Sec. 208. Section 10(g) of the Small Business Act is amended by
striking out " Committee on Banking, Housing and Urban Affairs of the
Senate and the Committee on Banking and Currency of the House of
Representatives" and inserting in lieu thereof " Senate Select Committee
on Small Business and Committee on Small Business of the House of
Representatives."
Sec. 209. Section 5316 of title 5, United States Code, is amended by
striking from paragraph (11) the figure "(3)" and by inserting the
figure "(4)".
Sec. 210. Section 302(b) of the Small Business Investment Act of
1958 // 15 USC 682. // is amended by inserting the word "and" between
the words "capital" and "surplus".
Sec. 211. Section 10(a) of the Small Business Act (15 U.S.C. 639(
a)) is amended by adding at the end thereof the following new sentence:
" With respect to minority small business concerns, the report shall
include the proportion of loans and other assitance under this Act
provided to such concerns, the goals of the Administration for the next
fiscal year with respect to such concerns, and recommendations for
improving assistance to minority small business concerns under this
Act.".
Sec. 301. Section 7(a) of the Small Business Act (15 U.S.C. 636(a))
is amended after "the acquisition of land;" by inserting "or to finance
residential or commercial construction or rehabilitation for sale:
Provided, however, That such loans shall not be used primarily for the
acquisition of land;".
Sec. 302. Section 7(b)(5) of the Small Business Act // 15 USC 636.
// is amended by inserting immediately after "any Federal law" the words
"heretofore or hereafter enacted".
Sec. 303. Section 5 of the Small Business Act // 15 USC 634 // is
amended by adding at the end thereof the following new subsection:
"(e)(1) Subject to the requirements and conditions contained in this
subsection, upon application by a small business concern which is the
recipient of a loan made under this Act, the Administration may
undertake the small business concern's obligation to make the required
payments under such loan or may suspend such obligation if the loan was
a direct loan made by the Administration. While such payments are being
made by the Administration pursuant to the undertaking of such
obligation or while such obligation is suspended, no such payment with
respect to the loan may be required from the small business concern.
"(2) The Administration may undertake or suspend for a period of not
to exceed 5 years any small business concern's obligation under this
subsection only if--,
"(A) without such undertaking or suspension of the obligation,
the small business concern would, in the sole discretion of the
Administration, become insolvent or remain insolvent;
"(B) with the undertaking or suspension of the obligation, the
small business concern would, in the sole discretion of the
Administration, become or remain a viable small business entity;
and
"(C) the small business concern executes an agreement in
writing satisfactory to the Administration as provided by
paragraph (4).
"(3) Notwithstanding the provisions of sections 7(a)(4)(C) and 7(i)(
1) of this Act, the Administration may extend the maturity of any loan
on which the Administration undertakes or suspends the obligation
pursuant to this subsection for a corresponding period of time.
"(4)(A) Prior to the undertaking or suspension by the Administration
if any small business concern's obligation under this subsection, the
Administration, consistent with the purposes sought to be achieved
herein, shall require the small business concern to agree in writing to
repay to it the aggregate amount of the payments which were required
under the loan during the period for which such obligation was
undertaken or suspended, either-,
"(i) by periodic payments not less in amount or less frequently
falling due than those which were due under the loan during such
period, or
"(ii) pursuant to a repayment schedule agreed upon by the
Administration and the small business concern, or
"(iii) by a combination of the payments described in clause (i)
and clause (ii).
"(B) In addition to requiring the small business concern to execute
the agreement descirbed in subparagraph (A), the Administration shall,
prior to the undertaking or suspension of the obligation, take such
action, and require the small business concern to take such action as
the Administration deems appropriate in the circumstances, including the
provision of such security as the Administration deems necessary or
appropriate to insure that the rights and interests of the lender (Small
Business Administration or participant) will be safeguarded adequately
during and after the period in which such obligation is so undertaken or
suspended.
"(5) The terms 'required payments' with respect to any loan means
payments of principal and interest under the loan.".
Sec. 304. Section 4(c) of the Small Business Act // 15 USC 633. //
is amended by inserting in paragraphs (1)(A) and (2)(A) thereof "5(e),"
after the word "sections".
Sec. 401. Section 4(c) of the Small Business Act is amended as
follows:
(1) by inserting in paragraph (1)(A) after the figure "7(b)(
2)," the figure "7(b)(3)," and by striking from paragraph (1)(B)
thereof the figure "7(b)(3),"; and
(2) by inserting in paragraph (2)(A) after the figure "7(b)(
2)," the figure "7(b)(3)," and by striking from paragraph (2)(B)
thereof the figure "7(b)(3),".
Sec. 402. Section 7(b)(3) of the Small Business Act // 15 USC 636.
// is amended by striking "federally aided urban renewal program or a
highway project or any other construction constructed by or with funds
provided in whole or in part by the Federal Government" and by inserting
in lieu thereof "program or project constructed by or with funds
provided in whole or in part by the Federal Government or by a program
or project by a State or local government or public service entity,
providing such government or public service entity has the authority to
exercise the right of eminent domain on such program or project".
Sec. 403. Section 7(b)(2) of the Small Business Act is amended by
adding "or" after the semicolon at the end of section 7(b)(2)(B) and by
adding the following:
"(C) a disaster, as determined by the Administrator of the
Small Business Administration pursuant to the Disaster Relief Act
of 1970;
// 42 USC 4401 //
or
"(D) if no disaster declaration has been issued pursuant to
subparagraph (A), (B), or (C), the Governor of a State in which a
disaster has occurred may certify to the Small Business
Administration that small business concerns (1) have suffered
economic injury as a result of such disaster, and (2) are in need
of financial assistance which is not available on reasonable terms
in the disaster stricken area. Upon receipt of such
certification, the Administration may then make such loans as
would have been available under this paragraph if a disaster
declaration had been issued.
"(E) Notwithstanding any other provision of law, the interest
rate on the Administration's share of any loan made under this
paragraph in connection with a disaster occurring on or after July
1, 1976, and prior to October 1, 1978, shall be 3 percent on the
amount of such loan not exceeding $25,000.".
Sec. 404. Section 7(b) of the Small Business Act // 15 USC 636 // is
amended by striking out "and" at the end of paragraph (7), by striking
out the period at the end of paragraph (8) and inserting in lieu thereof
"; and" and by inserting after paragraph (8) the following new
paragraph:
"(9) to make such loans (either directly or in cooperation with
banks or other lending institutions through agreements to
participate on an immediate or deferred basis) as the
Administration may determine to be necessary to assist, or
refinance the existing indebtedness of, any small business concern
located in an area of economic dislocation. The Governor of a
State may certify to the Administration (A) that small business
concerns within the State have suffered substantial economic
injury as a result of an economic dislocation, and (B) that such
concerns are in need of financial assistance which is not
available on reasonable terms. For the purposes of this paragraph,
economic dislocation includes extraordinary, severe, and temporary
natural conditions or other economic dislocations as determined by
the Administration. Such economic dislocations must be of such
magnitude that without the benefit of loans provided hereunder a
significant number of otherwise financially sound small businesses
in the impacted regions or business sectors would either become
insolvent or be unable to return quickly to their former level of
operation. No loan made hereunder shall exceed $100,000, nor
shall the proceeds thereof be used to reduce the exposure of any
other lender. The Administration shall permit deferral of payment
of principal and interests for one year on loans made hereunder.".
Sec. 405. Section 7(b) of the Small Business Act is amended by
inserting at the end of the first undesignated paragraph the following:
" Notwithstanding any other provision of law, the interest rate on the
Administration's share of any loan made pursuant to paragraph (1) of
this subsection to repair or replace a primary residence and/or replace
or repair damaged or destroyed personal property, less the amount of
compensation by insurance or otherwise, with respect to a disaster
occurring on or after July 1, 1976, and prior to October 1, 1978, shall
be: 1 per centum on the amount of such loan not exceeding $10,000, and
3 per centum on the amount of such loan over $10,000 but not exceeding
$40,000. The interest rate on the Administration's share of the first
$250,000 of all other loans made pursuant to paragraph (1) of this
subsection, with respect to a disaster occurring on or after July 1,
1976, and prior to October 1, 1978, shall be 3 per centum. All
repayments of principal on the Administration's share of any loan made
under the above provisions shall first be applied to reduce the
principal sum of such loan which bears interest at the lower rates
provided in this paragraph. The principal amount of any loan made
pursuant to paragraph (1) in connection with a disaster which occurs on
or after April 1, 1977, but prior to January 1, 1978, may be increased
by such amount, but not more than $2,000, as the Administration
determines to be reasonable in light of the amount and nature of loss,
damage, or injury sustained in order to finance the installation of
insulation in the property which was lost, damaged, or injured, if the
uninsured, damaged portion of the property is 10 per centum or more of
the market value of the property at the time of the disaster. Not later
than June 1, 1978, the Administration shall prepare and transmit to the
Select Committee on Small Business of the Senate, the Committee on Small
Business of the House of Representatives, and the Committees of the
Senate and House of Representatives having jurisdiction over measures
relating to energy conservation, a report on its activities under this
paragraph, including therein an evaluation of the effect of such
activities on encoruaging the installation of insulation in property
which is reparied or replaced after a disaster which is subject to this
paragraph, and its recommendations with respect to the continuation,
modification, or termination of such activities.".
Sec. 406. Section 324 of the Consolidated Farm and Rural Development
Act // 7 USC 1964. // is amended as follows:
(a) by inserting "(a)" at the beginning thereof and by striking
the proviso at the end thereof; and
(b) by inserting the following at the end thereof:
"(b) Notwithstanding the provisions of any other law, during any
period in which the Small Business Administration is making loans under
sections 7(b)(1) and 7(b)(2) of the Small Business Act // 15 USC 636.
// to businesses at a rate of interest below the average annual interest
rate on all interest-bearing obligations of the United States, loans
made hereunder shall bear interest at a rate not to exceed such lower
interest rates in amounts not to exceed $250,000 to businesses and
$40,000 to homeowners.
"(c) Any political subdivision of a State with a population of less
than 10,000 which, if such subdivision had a population of 10,000 or
more, would be eligible for a grant under the first title of the
Community Emergency Drought Relief Act of 1977 // 42 USC 5184 // shall
be eligible for a grant under the Consolidated Farm and Rural
Development Act during any period in which such Community Relief Act of
1977 // 7 USC 1921 // is or has been in effect.".
Sec. 501. Section 8(b) of the Small Business Act // 15 USC 637. //
is amended by striking paragraph (7) and by inserting in lieu thereof
the following:
"(7)(A) To certify to Government procurement officers, and officers
engaged in the sale and disposal of Federal property, with respect to
all elements of responsibility, including, but not limited to,
capability, competency, capacity, credit, integrity, perseverance, and
tenacity, of any small business concern or group of such concerns to
receive and perform a specific Government contract. A Government
procurement officer or an officer engaged in the sale and disposal of
Federal property may not, for any reason specified in the preceding
sentence, preclude any small business concern or group of such concerns
from being awarded such contract without referring the matter for a
final disposition to the Administration.
"(B) If a Government procurement officer finds that an otherwise
qualified small business concern may be ineligible due to the provisions
of section 35(a) of title 41, United States Code (the Walsh-Healey
Public Contracts Act), he shall notify the Administration in writing of
such finding. The Administration shall review such finding and shall
either dismiss it and certify the small business concern to be an
eligible Government contractor for a specific Government contract or if
it concurs in the finding, forward the matter to the Secretary of Labor
for final disposition, in which case the Administration may certify the
small business concern only if the Secretary of Labor finds the small
business concern not to be in violation.
"(C) In any case in which a small business concern or group of such
concerns has been certified by the Administration pursuant to (A) or (B)
to be a responsible or eligible Government contractor as to a specific
Government contract, the officers of the Government having procurement
or property disposal powers are directed to accept such certification as
conclusive, and shall let such Government contract to such concern or
group of concerns without requiring it to meet any other requirement of
responsibility or eligibility.".
Sec. 502. Section 15 of the Small Business Act // 15 USC 644. // is
amended by inserting "(a)" immediately after " Sec. 15." and by
inserting the following at the end thereof:
"(b) With respect to any work to be performed the amount of which
would exceed the maximum amount of any contract for which a surety may
be guaranteed against loss under section 411 of the Small Business
Investment Act of 1958 (15 U.S.C. 694(b)), the contracting procurement
agency shall, to the extent practicable, place contracts so as to allow
more than one small business concern to perform such work.
"(c) During fiscal year 1978, public and private organizations and
individuals eligible for assistance under section 7(h) of this Act shall
be eligible to participate in such contracts or any part thereof in an
aggregate amount not to exceed $100,000,000: Provided, however, That
the Administration, not later than March 1, 1979, shall prepare and
transmit to the Select Committee on Small Business of the Senate and the
Committee on Small Business of the House of Representatives, a report on
the impact of contracts awarded to such organizations and individuals on
small business.
"(d) For purposes of this section priority shall be given to the
awarding of contracts and the placement of subcontracts to concerns
which shall perform a substantial proportion of the production on those
contracts and subcontracts within areas of concentrated unemployment or
underemployment or within labor surplus areas. Notwithstanding any other
provision of law, total labor surplus area set-asides pursuant to
Defense Manpower Policy Number 4 (32 A C.F.R. Chapter 1) or any
successor policy shall be authorized if the Secretary or his designee
specifically determines that there is a reasonable expectation that
offers will be obtained from a sufficient number of eligible concerns so
that awards will be made at reasonable prices. As soon as practicable
and to the extent possible, in determining labor surplus areas,
consideration shall be given to those persons who would be available for
employment were suitable employment available. Until such definition
reflects such number, the present criteria of such policy shall govern.
"(e) In carrying out labor surplus areas and small business set-aside
programs, departments, agencies, and instrumentalities of the executive
branch shall award contracts, and encourage the placement of
subcontracts for procurement to the following in the manner and in the
order stated:
"(1) Concerns which are located in labor surplus areas, and
which are also small business concerns, on the basis of a total
set-aside.
"(2) Concerns which are small business concerns on the basis of
a total set-aside.
"(3) Concerns which are small business concerns, on the basis
of a partial set-aside.
"(4) Concerns which are located in labor surplus areas on the
basis of a total set-aside.
"(f) The provisions of subsections (d) and (e) shall cease to be
effective subsequent to September 30, 1979, unless renewed prior to such
date.".
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 1 (Comm. on Small Business) and No. 95 - 535
(Comm. of Conference).
SENATE REPORT No. 95 - 184 accompanying S. 1442 (Comm. on Small
Business).
CONGRESSIONAL RECORD Vol. 123 (1977):
Feb. 9, considered and passed House. May 19, considered and
passed Senate, amended, in lieu of S. 1442. July 26, House agreed
to conference report. July 27, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 13, No. 32: Aug
4, Presidential statement.
PUBLIC law 95-88, 91 STAT. 533, INTERNATIONAL DEVELOPMENT AND FOOD
ASSISTANCE ACT of 1977.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
Section 1. This Act may be cited as the " International Development
and Food Assistance Act of 1977". // 22 USC 2151 //
Sec. 101. (a) Subsection (d) of section 102 of the Foreign
Assistance Act of 1961 // 22 USC 2151. // is amended to read as
follows:
"(d) (1) Development assistance furnished under this chapter shall be
increasingly concentrated in countries which will make the most
effective use of such assistance to help the poor toward a better life
(especially such countries which are suffering from the worst and most
widespread poverty and are in greatest need of outside assistance). In
order to make possible consistent and informed judgments concerning
which countries will make the most effective use of such assistance, the
President shall propose appropriate criteria and factors to assess the
commitment and progress of countries in meeting the objectives set forth
in subsection (c) of this section and in other sections of this chapter.
In developing such criteria and factors, the President shall
specifically take into account their value in assessing countries'
actions which demonstrate genuine concern and effective action for
materially improving the lives of the poor and their ability to
participate in development, including but not limited to efforts to--,
"(A) increase agricultural productivity per unit of land
through small-farm, labor-intensive agriculture;
"(B) reduce infant mortality;
"(C) control population growth;
"(D) promote greater equality of income distribution, including
measures such as more progressive taxation and more equitable
returns to small farmers; and
"(E) reduce rates of unemployment and underemployment.
A report on such proposed criteria and factors shall be transmitted to
the Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate by January 31, 1978.
"(2) The President shall endeavor to bring about the adoption of
similar criteria and factors by international development organizations
in which the United States participates.
"(3) Presentation materials submitted to the Congress with respect to
assistance under this chapter, beginning with fiscal year 1977, shall
contain detailed information concerning the steps being taken to
implement this subsection.".
(b) Such section 102 // 22 USC 2151. // is amended by adding at the
end thereof the following new subsection:
"(e) For the purpose of promoting economic growth in the poorest
countries, the President is authorized, notwithstanding any other
provision of law, to make assistance under this chapter available to the
relatively least developed countries on a grant basis to the maximum
extent that is consistent with the attainment of United States
development objectives.".
Sec. 102. (a) Subsection (a) of section 103 of the Foreign
Assistance Act of 1961 // 22 USC 2151. // is amended--,
(1) by striking out "$291,000,000" and all that follows through
"1976 and"; and
(2) by inserting "and $580,000,000 for the fiscal year 1978"
immediately after "1977".
(b) Such section 103 is amended by adding at the end thereof the
following new subsection:
"(h) Of the funds authorized to be appropriated by this section for
the fiscal year 1978, the President is requested to commit up to
$60,000,000 for the purposes of assisting India with foreign exchange
costs incurred in connection with the construction of grain storage
facilities or other purposes specified in this section.".
Sec. 103. (a) Section 104 of the Foreign Assistance Act of 1961 //
22 USC 2151b. // is amended by striking out subsection (a) and
inserting in lieu thereof the following new subsections:
"(a) In order to increase the opportunities and motivation for family
planning and to reduce the rate of population growth, the President is
authorized to furnish assistance, on such terms and conditions as he may
determine, for population planning. There are authorized to be
appropriated to the President for the purposes of this subsection, in
addition to funds otherwise available for such purposes, $167,000,000
for the fiscal year 1978, which amount is authorized to remain available
until expended.
"(b) In order to prevent and combat disease and to help provide
health services for the great majority, the President is authorized to
furnish assistance, on such terms and conditions as he may determine,
for health, disease prevention, and environmental sanitation. There are
authorized to be appropriated to the President for the purposes of this
subsection, in addition to funds otherwise available for such purposes,
$107,700,000 for the fiscal year 1978, which amount is authorized to
remain available until expended.".
(b) Subsection (b) of such section 104 is redesignated as subsection
(c).
(c) Such section 104 is amended by adding at the end thereof the
following new subsection:
"(d) (1) Assistance under this chapter shall be administered so as to
give particular attention to the interrelationship between (A)
population growth, and (B) development and overall improvement in living
standards in developing countries, and to the impact of all programs,
projects, and activities on population growth. All appropriate
activities proposed for financing under this chapter shall be designed
to build motivation for smaller families in programs such as education
in and out of school, nutrition, disease control, maternal and child
health services, agricultural production, rural development, and
assistance to the urban poor.
"(2) The President is authorized to study the complex factors
affecting population growth in developing countries and to identify
factors which might motivate people to plan family size or space their
children.".
(d) The amendment made by subsection (a) of this section // 22 USC
2151b. // shall take effect on October 1, 1977.
Sec. 104. (a) Subsection (a) of section 105 of the Foreign
Assistance Act of 1961 // 22 USC 2151c. // is amended--,
(1) by striking out "$90,000,000" and all that follows through
"1976 and"; and
(2) by inserting "and $84,900,000 for the fiscal year 1978"
immediately after "1977".
(b) Subsection (c) of such section is amended by inserting "for the
fiscal year 1977, and not less than $1,647,000 shall be available for
the fiscal year 1978," immediately after "shall be available".
Sec. 105. Section 106 (b) of the Foreign Assistance Act of 1961 //
22 USC 2151d. // is amended--,
(1) by striking out "$99,550,000 for the fiscal year 1976 and";
and
(2) by inserting "and $105,0008000 for the fiscal year 1978"
immediately after "fiscal year 1977".
Sec. 106. Section 110 of the Foreign Assistance Act of 1961 // 22
USC 2151h. // is amended--,
(1) in subsection (a) by striking out "107" and inserting in
lieu thereof "106"; and
(2) in subsection (b)--,
Sec. 107. (a) Section 111 of the Foreign Assistance Act of 1961 //
22 USC 2151i. // is amended--,
(1) in the first sentence by striking out "assistance in the
development" and inserting in lieu thereof "technical and capital
assistance in the development and use"; and
(2) by amending the second sentence to read as follows: " Not
less than $10,000,000 of the funds made available under this Act
for the fiscal year 1978 may be used only for technical assistance
to carry out the purpose of this section.".
(b) The amendments made by subsection (a) // 22 USC 2151i. // shall
take effect on October 1, 1977.
Sec. 108. Section 113 of the Foreign Assistance Act of 1961 // 22
USC 2151k. // is amended to read as follows:
" Sec. 113. INTEGRATING WOMEN INTO NATIONAL ECONOMIES.--(A) In
recognition of the fact that women in developing countries play a
significant role in economic production, family support, and the overall
development process of the national economies of such countries, this
part shall be administered so as to give particular attention to those
programs, projects, and activities which tend to integrate women into
the national economies of developing countries, thus improving their
status and assisting the total development effort.
"(b) The President shall transmit to the Speaker of the House of
Representatives and to the Committee on Foreign Relations of the Senate
a report on the impact of development programs, projects, and activities
on the integration of women into the developing economies of countries
receiving assistance under this part. The report shall include--,
"(1) an evaluation of progress toward developing an adequate
data base on the role of women in the national economies of
recipient countries;
"(2) a specific description of the efforts undertaken to
implement subsection (a); and
"(3) an evaluation of the effectiveness of such efforts.
"(c) The report required by subsection (b) shall be transmitted not
later than one year after the date of enactment of this subsection.".
Sec. 109. Section 114 of the Foreign Assistance Act of 1961 // 22
USC 2151l. // is amended--,
(1) by striking out " ABORTIONS.--" and inserting in lieu
thereof " ABORTIONS OR INVOLUNTARY STERILIZATIONS.--(A)"; and
(2) by adding at the end thereof the following new subsection:
"(b) None of the funds made available to carry out this part shall be
used to pay for the performance of involuntary sterilizations as a
method of family planning or to coerce or provide any financial
incentive to any person to practice sterilizations.".
Sec. 110. Section 115(a) of the Foreign Assistance Act of 1961 // 22
USC 2151m. // is amended to read as follows:
"(a) None of the funds made available to carry out this chapter may
be used in any fiscal year for any country to which assistance is
furnished in such fiscal year under chapter 4 of part II // 22 USC 2346.
// (security supporting assistance) or under part VI // 22 USC 2441.
// (assistance for Middle East peace) unless the Congress has
specifically authorized such use of those funds. The specific
authorization requirement of this subsection shall be deemed to be
satisfied if the purpose for which funds are to be used is described in
the presentation materials submitted to the Congress on proposed
development assistance programs for the fiscal year in question and the
Congress indicates its approval of such use in the legislation
authorizing development assistance programs for such fiscal year.".
Sec. 111. (a) Subsections (c) and (d) of section 116 of the Foreign
Assistance Act of 1961 // 22 USC 2151n. // are amended to read as
follows:
"(c) In determining whether or not a government falls within the
provisions of subsection (a) and in formulating development assistance
programs under this part, the Administrator shall consider, in
consultation with the Coordinator for Human Rights and Humanitarian
Affairs--,
"(1) the extent of cooperation of such government in permitting
an unimpeded investigation of alleged violations of
internationally recognized human rights by appropriate
international organizations, including the International Committee
of the Red Cross, or groups or persons acting under the authority
of the United Nations or of the Organization of American States;
and
"(2) specific actions which have been taken by the President or
the Congress relating to multilateral or security assistance to a
less developed country because of the human rights practices or
policies of such country.
"(d) The Secretary of State shall transmit to the Speaker of the
House of Representatives and the Committee on Foreign Relations of the
Senate, by January 31 of each year, a full and complete report
regarding--,
"(1) the status of internationally recognized human rights,
within the meaning of subsection (a), in countries that receive
assistance under this part; and
"(2) the steps the Administrator has taken to alter United
States programs under this part in any country because of human
rights considerations.".
(b) Such section 116 is amended by adding at the end thereof the
following new subsection:
"(e) Of the funds made available under this chapter for the fiscal
year 1978, not less than $750,000 may be used only for studies to
identify, and for openly carrying out, programs and activities which
will encourage or promote increased adherence to civil and political
rights, as set forth in the Universal Declaration of Human Rights, in
countries eligible for assistance under this chapter. None of these
funds may be used, directly or indirectly, to influence the outcome of
any election in any country.".
Sec. 112. Chapter 1 of part I of the Foreign Assistance Act of 1961
is amended by adding at the end thereof the following new section:
" Sec. 117. // 22 USC 2151o. // INFANT NUTRITION.-- The President is
encouraged (1) to devise and carry out in partnership with developing
nations a strategy for programs of nutrition and health improvement for
mothers and children, including breast-feeding, and (2) to provide
technical, financial, and material support to individuals or groups at
the local level for such programs.".
Sec. 113. (a) Chapter 1 of part I of the Foreign Assistance Act of
1961, as amended by section 112 of this Act, is further amended by
adding at the end thereof the following new section:
" Sec. 118. // 22 USC 2151p. // ENVIRONMENT AND NATURAL RESOURCES.--
The President is authorized to furnish assistance under this part for
developing and strengthening the capacity of less developed countries to
protect and manage their environment and natural resources. Special
efforts shall be made to maintain and where possible restore the land,
vegetation, water, wildlife, and other resources upon which depend
economic growth and human well-being, especially that of the poor.".
(b) Section 102 of such Act // 22 USC 2151. // is amended--,
(1) by inserting in the seventh paragraph of subsection (a)
"environment and natural resources," immediately after "decent
housing,"; and
(2) by inserting in subsection (b) (2) "environment and natural
resources;" immediately after "health;".
Sec. 114. Chapter 1 of part I of the Foreign Assistance Act of 1961,
as amended by sections 112 and 113 of this Act, is further amended by
adding at the end thereof the following new section:
" Sec. 119. // 22 USC 2151q. // RENEWABLE AND UNCONVENTIONAL ENERGY
TECHNOLOGIES.--(A) (1) The President is authorized to furnish assistance
under this chapter for cooperative programs with developing countries in
energy production and conservation, with particular emphasis on programs
in research, development, and use of small-scale, decentralized,
renewable energy sources for rural areas carried out as integral parts
of rural development efforts in accordance with section 103 of this Act.
Programs under this subsection shall be undertaken, whenever
appropriate, in cooperation with the Energy Research and Development
Administration or its successor and shall be carried out, to the
greatest extent possible, through and in conjunction with activities
under section 107 of this Act // 22 USC 2151e. // These programs shall
be directed toward the earliest practicable development and use of
energy technologies which are environmentally acceptable, require
minimum capital investment, are most acceptable to and affordable by the
people using them, are simple and inexpensive to use and maintain, and
are transferable from one region of the world to another.
"(2) Of the funds made available to carry out this chapter for the
fiscal year 1978, up to $18,000,000 are to be used for carrying out this
subsection.
"(b) (1) In furtherance of the purposes of this section, the
President is authorized to carry out studies to identify the energy
needs, uses, and resources which exist in developing countries. The
results of the studies conducted under this subsection shall be reported
to the Congress by March 1, 1978.
"(2) The Agency for International Development, in cooperation with
the Energy Research and Development Administration or its successor,
shall conduct a review of the options for implementing the purposes of
this section, one of which shall be a proposal for a nonprofit
Government corporation (which would be designated as the International
Energy Institute) outside the Agency for International Development. The
President shall submit a comprehensive report on such review to the
Speaker of the House of Representatives and the Committee on Foreign
Relations of the Senate by January 31, 1978, together with his
recommendations as to which option should be implemented.".
Sec. 115. Part I of the Foreign Assistance Act of 1961 is amended--,
(1) by redesignating section 494 B
// 22 USC 2292e. //
as section 120 and inserting such redesignated section at the end
of chapter 1 of such part,
// 22 USC 2151r. //
as amended by sections 112, 113, and 114 of this Act;
(2) by amending the section caption of such redesignated
section to read " SAHEL DEVELOPMENT PROGRAM-- PLANNING"; and
(3) by inserting the following new section immediately after
such redesignated section:
" Sec. 121. // 22 USC 2151s. // SAHEL DEVELOPMENT PROGRAM--
IMPLEMENTATION.--(A) The President is authorized to furnish assistance,
on such terms and conditions as he may determine, for the long-term
development of the Sahelian region. Assistance furnished under this
section shall be in accordance with a long-term, multidonor development
plan which calls for equitable burdensharing with other donors and shall
be furnished, whenever appropriate, in cooperation with an international
coordinating mechanism.
"(b) The President shall prepare an annual report on the Sahel
Development Program concerning the allocation of the United States
contribution to the Program, the extent of the contributions from other
donor countries, the effectiveness of the integrated effort through the
Club des Amis du Sahel, and the progress made in achieving the
objectives of the Program.
"(c) There are authorized to be appropriated to the President for
purposes of this section beginning in the fiscal year 1978, in addition
to funds otherwise available for such purposes, $200,000,000, except
that not to exceed $50,000,000 may be appropriated under this section
for the fiscal year 1978. Amounts appropriated under this section are
authorized to remain available until expended.".
Sec. 116. (a) Section 214 of the Foreign Assistance Act of 1961 //
22 USC 2174. // is amended--,
(1) in subsection (c)--,
(2) in subsection (d)--,
(3) by adding at the end thereof the following new subsection:
"(f) Notwithstanding the provisions of subsection (b), funds
appropriated under this section may be used for assistance to centers
for pediatric plastic and reconstructive surgery established by
Children's Medical Relief International, except that assistance may not
be furnished for the domestic operations of any such center located in
the United States, its territories or possessions.".
(b) The amendment made by subsection (a) (3) // 22 USC 2174 // shall
not apply to funds appropriated before the date of enactment of this
Act.
Sec. 117. (a) (1) Section 221 of the Foreign Assistance Act of 1961
// 22 USC 2181. // is amended--,
(A) by striking out the second sentence; and
(B) in the last sentence, by inserting ", section 222(c),"
immediately after "222(b)".
(2) Section 222(c) of such Act // 22 USC 2182. // is amended--,
(A) by inserting "or under section 221" immediately after
"1969"; and
(B) by striking out "$600,000,000" and inserting in lieu
thereof "$1,030,000,000".
(3) Section 223(i) of such Act // 22 USC 2183. // is amended by
striking out "1978" and inserting in lieu thereof "1979".
(b) (1) Section 222 A (h) of such Act // 22 USC 2182a. // is amended
by striking out " December 31, 1977" and inserting in lieu thereof "
September 30, 1978".
(2) Section 223(b) of such Act is amended--,
(A) by striking out "hereunder" and inserting in lieu thereof
"under section 221 or 222 or under prior housing guaranty
authorities"; and
(B) by adding at the end thereof the following new sentence: "
Fees collected in connection with guaranties issued under section
222 A shall likewise be available to meet similar expenses, costs,
or liabilities incurred in connection with the programs authorized
by that section.".
(c) Section 223(j) of such Act is amended in the last sentence--,
(1) by striking out "1977" and inserting in lieu thereof
"1978"; and
(2) by striking out "$50,000,000", "$20,000,000", and
"$15,000,000" and inserting in lieu thereof "$75,000,000",
"$30,000,000", and "$30,000,000", respectively.
Sec. 118. (a) Section 302(a) (1) of the Foreign Assistance Act of
1961 // 22 USC 2222. // is amended--,
(1) by striking out "for the fiscal year 1974," and all that
follows through "$194,500,000 and";
(2) by inserting immediately before the period at the end of
the first sentence "and for the fiscal year 1978, $252,000,000";
and
(3) by adding at the end thereof the following new sentence: "
Of the funds authorized to be appropriated under this subsection
for the fiscal year 1978, not to exceed $42,500,000 shall be
available for voluntary contributions to the United Nations Relief
and Works Agency for Palestine Refugees.".
(b) Section 305 of such Act // 22 USC 2225. // is amended by adding
at the end thereof the following new sentence: " The President is
further requested, in making United States contributions to such
organizations, to take into account the progress, or lack of progress,
of such organizations in adopting and implementing policies and
practices which encourage and promote the integration of women into the
national economies of member and recipient countries, and into
professional and policy-making positions within such organizations in
accordance with the World Plan of Action of the Decade for Women.".
Sec. 119. The first sentence of section 492 of the Foreign
Assistance Act of 1961 // 22 USC 2292a. // is amended by striking out
"1976 and 1977" and inserting in lieu thereof "1977 and 1978".
Sec. 120. Section 495b of the Foreign Assistance Act of 1961 // 22
USC 2292h. // is amended--,
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting immediately after subsection (a) the following
new subsection:
"(b) There are authorized to be appropriated to the President
$30,000,000 for the fiscal year 1978 for relief, rehabilitation, and
reconstruction assistance, in accordance with the provisions of section
491 and on such terms and conditions as he may determine, for the people
who have been victimized by the recent earthquakes in Italy. Amounts
appropriated under this subsection are authorized to remain available
until expended.".
Sec. 121. Chapter 9 of part I of the Foreign Assistance Act of 1961
is amended by adding at the end thereof the following new section:
" Sec. 495 D. // 22 USC 2292k. // TURKEY RELIEF, REHABILITATION, AND
RECONSTRUCTION.-- The President is requested to use up to $10,000,000 of
the funds made available under section 492 of this Act to provide
relief, rehabilitation, and reconstruction assistance to the victims of
the recent earthquakes in Turkey.".
Sec. 122. (a) Section 60m of the Foreign Assistance Act of 1961 //
22 USC 2357. // is amended by inserting immediately before the period
at the end of the first sentence "(including foreign voluntary nonprofit
relief agencies so registered and approved when no United States
voluntary nonprofit relief agency is available)".
(b) For purposes of implementing the amendment made by subsection
(a), // 22 USC 2357 // the President shall issue regulations governing
registration with and approval by the Advisory Committee on Voluntary
Foreign Aid of foreign voluntary nonprofit agencies.
Sec. 123. (a) Section 620 (a) of the Foreign Assistance Act of 1961
// 22 USC 2370. // is amended--
(1) in the first sentence of paragraph (1) by striking out the
semicolon and all that follows through " States"; and
(2) by striking out paragraph (3).
(b) Section 620(n) of such Act is repealed.
(c) Section 664 of such Act // 22 USC 2424. // is repealed.
Sec. 124. (a) (1) Section 624(d) of the Foreign Assistance Act of
1961 // 22 USC 2384. // is repealed.
(2) The President (A) // 22 USC 2384. // may assign to the Inspector
General, Foreign Service, any of the duties and responsibilities vested
by such section 624 (d) in the Inspector General, Foreign Assistance,
and (B) may authorize the Inspector General, Foreign Service, to
exercise such of the authorities granted by such section 624(d) to the
Inspector General, Foreign Assistance, as the President determines are
necessary to carry out any duties or responsibilities so assigned.
(b) Section 5315 of title 5, United States Code, is amended by
repealing paragraphs (52) and (53).
(c) The amendments made by this section // 22 USC 2384. // shall
take effect on July 1, 1978.
Sec. 125. The last proviso of section 625 (d) (2) of the Foreign
Assistance Act of 1961 // 22 USC 2385. // is amended by striking out
the semicolon and "however, the authority contained in this proviso may
not be exercised with respect to the assignment to such duty of more
than fifty persons at any one time".
Sec. 126. Section 626 (b) of the Foreign Assistance Act of 1961 //
22 USC 2386. // is amended by striking out "sections 3323(a) and 8344
of title 5 of the United States Code, section 872 of the Foreign Service
Act of 1946, as amended, or any other law limiting the reemployment of
retired officers or employees or governing the simultaneous receipt of
compensation and retired pay or annuities, subject to section 5532" and
inserting in lieu thereof "section 3323 (a)".
Sec. 127. (a) Subsection (a) of section 640 B of the Foreign
Assistance Act of 1961 // 22 USC 2399c. // is amended by adding at the
end thereof the following new sentence: " The Committee shall advise
the President concerning the degree to which bilateral and multilateral
development assistance should focus on critical problems in those
functional sectors which affect the lives of the majority of people in
the developing countries: food production; rural development and
nutrition; population planning and health; and education, public
administration, and human resource development.".
(b) Subsection (d) of such section is amended to read as follows:
"(d) The President shall report to the Congress during the first
quarter of each calendar year on United States actions affecting the
development of less developed countries. The report shall include (1) a
comprehensive and coordinated review of all United States policies and
programs having a major impact on the development of such countries,
including but not limited to the areas of bilateral and multilateral
assistance, trade, commodities, monetary affairs, private investment,
debt, employment, food, energy, technology, population, oceans,
environment, human settlements, natural resources, and participation in
international agencies concerned with development; and (2) an
assessment of the impact of such policies and programs on (A) national
employment, wages, and working conditions in the United States, as well
as other aspects of the United States economy, and (B) the well-being of
the poor in the less developed countries in accordance with the approach
to development outlined in subsections (c) and (d) of section 102 of
this Act.".
(c) Such section 640 B // 22 USC 2399c. // is amended by adding at
the end thereof the following new subsections:
"(e) The head of any of the departments or agencies referred to in
subsection (a) may temporarily assign, upon the request of the Chairman,
any employee from such department or agency to the staff of the
Committee.
"(f) To carry out the purposes of subsection (a), the Committee
shall--,
"(1) prepare studies on various development problems;
"(2) devise implementation strategies on developmental problems
appropriate to each such department or agency;
"(3) monitor and evaluate the results of the development
activities of each such department or agency; and
"(4) arrange for the exchange of information and studies
between such agencies and departments.
"(g) In his annual report to the Congress pursuant to subsection (d),
the President shall include a report on the Committee's operations
pursuant to subsection (f).".
Sec. 128. Section 661 of the Foreign Assistance Act of 1961 // 22
USC 2421. // is amended--,
(1) by striking out "up to $1,000,000" and all that follows
through "1976, and";
(2) by inserting "of the funds made available for the purposes
of this Act" immediately after "$2,000,000" the second place it
appears; and
(3) by inserting "and $2,000,000 of the funds made available
for the purposes of this Act in the fiscal year 1978" immediately
after "1977".
Sec. 129. (a) Section 667 of the Foreign Assistance Act of 1961 //
22 USC 2427. // is amended to read as follows:
" Sec. 667. OPERATING EXPENSES.--(A) There are authorized to be
appropriated to the President, in addition to funds otherwise available
for such purposes, for the fiscal year 1978--,
"(1) $220,200,000 for necessary operating expenses of the
agency primarily responsible for administering part I of this Act;
and
"(2) such amounts as may be necessary for increases in salary,
pay, retirement, and other employee benefits authorized by law,
and for other nondiscretionary costs of such agency.
"(b) Amounts appropriated under this section are authorized to remain
available until expended.".
(b) Section 109 of such Act // 22 USC 2151g. // is amended by
inserting immediately before the period in the last sentence a comma and
the following: "except that the authority of such sections may be used
to transfer for the purposes of section 667 not to exceed five per
centum of the amount of funds made available for section 667 (a) (1)".
Sec. 130. Chapter 3 of part III of the Foreign Assistance Act of
1961 // 22 USC 2429b. // is amended by adding at the end thereof the
following new section:
" Sec. 671. NOTIFICATION OF PROGRAM CHANGES.-- None of the funds
appropriated to carry out the purposes of this Act // 22 USC 2181, 2191.
22 USC 2261. // (except for programs under title III or title IV of
chapter 2 of part I, chapter 5 of part I, and programs of disaster
relief and rehabilitation) may be obligated for any activities,
programs, projects, types of material assistance, countries, or other
operations not justified, or in excess of the amount justified, to the
Congress for obligation under this Act for any fiscal year unless the
Committee on Foreign Relations of the Senate, the Committee on
International Relations of the House of Representatives, and the
Committee on Appropriations of each House of the Congress are notified
fifteen days in advance of such obligation.".
Sec. 131. // 22 USC 2151 // It is the sense of the Congress that the
United States should increase substantially its assistance for self-help
development among the world's poorest people. Such assistance should be
provided in accordance with the general policies and principles of
chapter 1 of part I of the Foreign Assistance Act of 1961, // 22 USC
2151 // with particular emphasis on encouraging and supporting more
equitable patterns of economic growth, especially in the poorest
countries, and should be coordinated with similar expanded efforts by
international organizations, donor nations, and the recipient countries
themselves.
VIETNAM
Sec. 132. (a) None of the funds authorized to be appropriated by
this Act // 22 USC 2151 // may be used for assistance to or reparations
for the Socialist Republic of Vietnam, Cambodia, Laos, or Cuba.
(b) The President shall continue to take all possible steps to obtain
a final accounting of all Americans missing in action in Vietnam.
Sec. 133. (a) The Administrator of the agency primarily responsible
for administering part I of the Foreign Assistance Act of 1961 // 22 USC
2151 // shall prepare and transmit to the Congress, not later than 30
days after the date of enactment of this Act, a detailed plan for the
establishment of a section on minority business within such agency.
(b) Such plan shall include, but shall not be limited to--,
(1) a description of where the section on minority business
will be located in such agency's organizational structure and what
relevant lines of authority will be established;
(2) a listing of the specific responsibilities that will be
assigned to the section on minority business to enable it to
increase, in a rational and effective manner, participation of
minority business enterprises in activities funded by such agency;
(3) a design for a time-phase system for bringing about
expanded minority business enterprise participation, including
specific recommendations for percentage allocations of contracts
by such agency to minority business enterprises;
(4) a proposed reporting system that will permit objective
measuring of the degree of participation of minority business
enterprises in comparison to the total activities funded by such
agency;
(5) a detailed projection of the administrative budgetary
impact of the establishment of the section on minority business;
and
(6) a detailed set of objective criteria upon which
determinations will be made as to the qualifications of minority
business enterprises to receive contracts funded by such agency.
Sec. 201. (a) Section 102 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1702. // is amended by striking out "
Provided," and all that follows through the end of the section and
inserting in lieu thereof a period.
(b) Section 103 (d) of such Act // 7 USC 1703. // is amended by
striking out ", or (3)" and all that follows through " United Arab
Republic under title I of this Act".
Sec. 202. Section 111 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1711. // is amended by striking out the
first three sentences and inserting in lieu thereof the following: "
Not more than 25 per centum of the food aid commodities provided under
this title in each fiscal year shall be allocated and agreed to be
delivered to countries other than those which meet the poverty criterion
established for International Development Association financing and
which are affected by inability to secure sufficient food for their
immediate requirements through their own production or commercial
purchase from abroad, unless the President certifies to the Congress
that (1) the use of such food assistance is required for humanitarian
food purposes, or (2) the quantity of commodities which would be
required to be allocated under this section to countries which meet the
International Development Association poverty criterion could not be
used effectively to carry out the humanitarian or development purposes
of this title. A reduction below 75 per centum in the proportion of
food aid allocated and agreed to be delivered to countries which meet
the International Development Association poverty criterion and which
are affected by inability to secure sufficient food for their immediate
requirements through their own production or commercial purchase from
abroad which results from significantly changed circumstances occurring
after the initial allocation shall not constitute a violation of the
requirements of this section.".
Sec. 203. Title I of the Agricultural Trade Development and
Assistance Act of 1954 is amended by adding at the end thereof the
following new section:
" Sec. 112. // 7 USC 1712. // (a) No agreement may be entered into
under this title to finance the sale of agricultural commodities to the
government of any country which engages in a consistent pattern of gross
violations of internationally recognized human rights, including torture
or cruel, inhuman, or degrading treatment or punishment, prolonged
detention without charges, or other flagrant denial of the right to
life, liberty, and the security of person, unless such agreement will
directly benefit the needy people in such country. An agreement will
not directly benefit the needy people in the country for purposes of the
preceeding sentence unless either the commodities themselves or the
proceeds from their sale will be used for specific projects or programs
which the President determines would directly benefit the needy people
of that country. The agreement shall specify how the projects or
programs will be used to benefit the needy people and shall require a
report to the President on such use within 6 months after the
commodities are delivered to the recipient country.
"(b) To assist in determining whether the requirements of subsection
(a) are being met, the Committee on Agriculture, Nutrition, and Forestry
of the Senate or the Committee on International Relations of the House
of Representatives may require the President to submit in writing
information demonstrating that an agreement will directly benefit the
needy people in a country.
"(c) In determining whether or not a government falls within the
provisions of subsection (a), consideration shall be given to the extent
of cooperation of such government in permitting an unimpeded
investigation of alleged violations of internationally recognized human
rights by appropriate international organizations, including the
International Committee of the Red Cross, or groups or persons acting
under the authority of the United Nations or of the Organization of
American States.
"(d) The President shall transmit to the Speaker of the House of
Representatives, the President of the Senate, and the Committee on
Agriculture, Nutrition, and Forestry of the Senate, in the annual
presentation materials on planned programing of assistance under this
Act, a full and complete report regarding the steps he has taken to
carry out the provisions of this section.".
Sec. 204. Title I of the Agricultural Trade Development and
Assistance Act of 1954, as amended by section 203 of this Act, is
further amended by adding at the end thereof the following new section:
" Sec. 113. In the allocation of funds made available under this
title, // 7 USC 1713 // priority shall be given to financing the sale of
food and fiber commodities.".
Sec. 205. Title I of the Agricultural Trade Development and
Assistance Act of 1954, as amended by sections 203 and 204 of this Act,
is further amended by adding at the end thereof the following new
section:
" Sec. 114. // 7 USC 1714. // (a) The Congress declares it to be the
policy of the United States to assist developing countries in the
transition from food assistance recipients to economic self-sufficiency
and to assist those nations which have been recipients of high protein,
blended, or fortified foods under title II of this Act // 7 USC 1721 //
to continue to combat hunger and malnutrition among the lower income
segments of their population, especially children, through the continued
provision of these foods under this title.
"(b) In implementing the policy declared in subsection (a), the
President, in entering into agreements for the sale of high protein,
blended, or fortfied foods under this title with countries which (1)
give assurance that the benefits of any waiver under this section will
be passed on to the individual recipients of such foods, and (2) have a
reasonable potential for transition to commercail purchasers of such
foods, may make provisions for a waiver of repayment of up to that part
of the product value which is attributable to the costs of processing
enrichment, or fortification.
"(c) In implementing this section, due care shall be taken to
minimize its impact on other commercial and concessional sales of whole
grains and, where feasible, agreements under this title utilizing the
authority contained in this section will provide for sales of such
commodities.".
Sec. 206. Section 201 (b) of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1721. // is amended by striking out
"title shall be" and all that follows through "unless" and inserting in
lieu thereof the following: "title--,
"(1) for fiscal years 1978 through 1980 shall be 1,600,000
metric tons, of which not less than 1,300,000 metric tons shall be
distributed through nonprofit voluntary agencies and the World
Food Program;
"(2) for fiscal year 1981 shall be 1,650,000 metric tons, of
which not less than 1,350,000 metric tons shall be distributed
through nonprofit voluntary agencies and the World Food Program;
and
"(3) for fiscal year 1982 and each fiscal year thereafter shall
be 1,700,000 metric tons, of which not less than 1,400,000 metric
tons shall be distributed through nonprofit voluntary agencies and
the World Food Program;
unless".
Sec. 207. Section 202 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1722 // is amended--,
(1) by inserting "(a)" immediately after " Sec. 202.";
(2) by striking out the next to the last sentence; and
(3) by adding at the end thereof the following new subsection:
"(b) (1) Assistance to needy persons under this title shall be
directed, insofar as practicable, toward community and other self-help
activities designed to alleviate the causes of need for such assistance.
"(2) In order to assure that food commodities made available under
this title are used effectively, indigenous workers shall be employed,
to the extent feasible, to provide information on nutrition and conduct
food distribution programs in the most remote villages.
"(3) In distributing food commodities under this title, priority
shall be given, to the extent feasible, to those who are suffering from
malnutrition by using means such as (A) giving priority within food
programs for preschool children to malnourished children, and (B) giving
priority to the poorest regions of countries.".
Sec. 208. (a) Section 202 (a) of the Agricultural Trade Development
and Assistance Act of 1954, as redesignated by section 207 (1) of this
Act, is amended by inserting the following new sentence immediately
after the second sentence: " If no United States nonprofit voluntary
agency registered with and approved by the Advisory Committee on
Voluntary Foreign Aid is available, the President may utilize a foreign
nonprofit voluntary agency which is registered with and approved by the
Advisory Committee.".
(b) For purposes of implementing the amendment made by subsection
(a); // 7 USC 1722 // the President shall issue regulations governing
registration with an approval by the Advisory Committee on Voluntary
Foreign Aid of foreign nonprofit voluntary agencies.
Sec. 209. Section 203 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1723 // is amended--,
(1) by striking out ", or, in the case of landlocked
countries," and inserting in lieu thereof a semicolon; and
(2) by inserting immediately after "points of entry abroad" the
following: "in the case (1) of landlocked countries, (2) where
ports cannot be used effectively because of natural or other
disturbances, (3) where carriers to a specific country are
unavailable, or (4) where a substantial savings in costs or time
can be effected by the utilization of points of entry other than
ports".
Sec. 210. Section 206 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1726 // is amended by striking out
"purposes specified in section 103 of the Foreign Assistance Act of
1961" and inserting in lieu thereof "increasing the effectiveness of the
programs of food distribution and increasing the availability of food
commodities provided under this title to the neediest individuals in
recipient countries".
Sec. 211. (a) Title III of the Agricultural Trade Development and
Assistance Act of 1954 is amended by--
(1) redesignating sections 301, 302, and 303 as sections 308,
309, and 310, respectively; and
(2) inserting immediately before section 308, as redesignated
by paragraph (1), the following new sections:
" Sec. 301. // 7 USC 1727. // (a) In order to establish a strong
relationship between United States food assistance and efforts by
developing countries to increase the availability of food for the poor
in such countries and improve in other ways the quality of their lives,
the President is authorized to encourage the use of the resources
provided by the concessional financing of agricultural commodities under
this Act for agricultural and rural development, including voluntary
family planning, health, and nutrition programs, by permitting the funds
accruing from the local sale of such commodities which are used for such
purposes to be applied against the repayment obligation of governments
recieving concessional financing under this Act. The agreement between
the United States Government and an eligible developing country
government which provides for repayment of the obligation to the United
States accruing from the concessional sale of United States agricultural
commodities by the use of funds from the sale of such commodities in the
participating country for specified development purposes shall be called
a Food for Development Program.
"(b) The overall goal of assistance under this title shall be to
increase the access of the poor in the recipient country to a growing
and improving food supply through activities designed to improve the
production, protection, and utilization of food, and to increase the
well-being of the poor in the rural sector of the recipient country.
Assistance under this title shall be used for programs of agricultural
development, rural development, nutrition, health services, and
population planning, and the program described in section 406 (a) (1) of
this Act, // 7 USC 1736. // in those countries which are undertaking
(or are seriously prepared to undertake in connection with the provision
of agricultural commodities under this Act) self-help measures to
increase agricultural production, improve storage, transportation, and
distribution of commodities, and reduce population growth in accordance
with section 109 of this Act, // 7 USC 1709. // when such programs are
directed at and likely to achieve the policy objectives of sections 103
and 104 of the Foreign Assistance Act of 1961 and are consistent with
the policy objectives of this Act. Particular emphasis should be placed
on activities which effectively assist small farmers, tenents,
sharecroppers, and landless agricultural laborers, by expanding their
access to the rural economy through services and institutions at the
local level, and otherwise providing opportunties for the poor who are
dependent upon agriculture and agriculturally related activities to
better their lives through their own efforts.
" Sec. 302. // 7 USC 1727a. // (a) Whenever the President, in
consultation with the government of a developing country, determines
that such developing country meets the criteria specified in subsection
(b) of this section and could benefit from the sale of United States
agricultural commodities (including processes and blended foods) for the
purposes of generating funds or distributing such commodities for
agricultural and rural development, and improving food distribution and
use within such country, the President may designate such country as
eligible for a Food for Development Program.
"(b) In order to be eligible for a Food for Development Program under
this section, a country must (1) have a need for external resources to
improve its food production, marketing, distribution, and storage
systems; (2) meet the criterion used to determine basic eligibility for
development loans of the International Development Association of the
International Bank for Reconstruction and Development; (3) have the
ability to utilize effectively the resources made available by the sale
of food commodities under this section for the purposes specified in
clause (1) of this subsection; and (4) indicate the willingness to take
steps to improve its food production, marketing, distribution, and
storage systems.
"(c) (1) Except as provided in paragraph (2) of this subsection, the
aggregate value of all agreements entered into under this title--
"(A) for fiscal year 1978, shall be not less than 5 percent,
"(B) for fiscal year 1979, shall be not less than 10 percent,
and
"(C) for fiscal year 1980 and each fiscal year thereafter,
shall be not less than 15 percent,
of the aggregate value of all agreements entered into under title I of
this Act // 7 USC 1701. // for such fiscal year.
"(2) The President may waive the requirement of paragraph (1) of this
subsection with respect to a fiscal year if he determines that there are
an insufficient number of agricultural and rural development projects
which qualify for assistance under this title and that therefore the
humanitarian purposes of this Act would be better served by furnishing
financing under other provisions of this Act. Any such waiver shall be
reported to the Congress, together with a detailed statement of the
reasons for the lack of acceptable projects and a detailed description
of efforts by the United States Government to assist eligible countries,
pursuant to section 303 (a), in identifying appropriate projects for
assistance under this title.
"(3) Greatest efforts shall be made by relevant United States
agencies to encourage maximum utilization of assistance for Food for
Development projects under this title, even beyond the minimums required
by paragraph (1) of this subsection.
" Sec. 303. // 7 USC 1727b. // (a) A country designated as eligible
and wishing to participate in a Food for Development Program shall
formulate, with the assistance (if requested) of the United States
Government a multi-year proposal which shall be submitted to the
President. Such proposal shall include an annual value or amount of
agricultural commodities proposed to be financed under the authority of
title I of this Act // 7 USC 1701. // pursuant to the provisions of
this title, and a plan for the intended uses of commodities or the funds
generated from the sale of such commodities, on an annual basis for each
year such funds are to be disbursed. Such proposal shall also specify
the nature and magnitude of problems to be affected by the effort, and
shall present targets in quantified terms, insofar as possible, and a
description of the relationships among the various projects, activities,
or programs to be supported.
"(b) The multiyear utilization proposal for a Food for Development
Program shall include but not be limited to, a statement of how
assistance under such Program will be integrated into and complement
that country's overall development plans and other forms of bilateral
and multilateral development assistance, including assistance made
available under section 103 of the Foreign Assistance Act of 1961 or
under any other title of this Act.
"(c) In his review of any utilization proposal for a Food for
Development Program, the President shall be satisfied that such
assistance is intended to complement, but not replace, assistance
authorized by the Foreign Assistance Act of 1961, // 22 USC 2151. // or
any other program of bilateral or multilateral assistance, or under the
development program of the country desiring to initiate a Food for
Development Program.
" Sec. 304. // 7 USC 1727c. // (a) Whenever a utilization proposal
has been agreed upon by the President and the participating country, the
Commodity Credit Corporation is authorized to furnish credit under the
authority of title I of this Act to the participating country for the
purchase of a special annual value of agricultural commodities to be
delivered over a period of from one to five years subject to the
availability of commodities under section 401 of this Act.
"(b) Notwithstanding any other provision of this Act, no payment
except as provided for under this title shall be requires of the
recipient government as a part of any agreement to finance the sale of
agricultural commodities pursuant to a Food for Development Program.
"(c) In making food assistance available under this title to a
country on the United Nations Conference on Trade and Development list
of relatively least developed countries, the President may waive any
requirement contained in section 303 (a) or (b), in that portion of
section 303(c) which requires that assistance under this title is
intended to complement but not release any part of the development
program of the participating country, or in section 306, if he finds
that such country is unable to meet such requirement but could use
assistance under this title to meet important humanitarian or
developmental objectives of this Act. // 7 USC 1727d. // Such waivers,
and the reasons therefor, shall be reported annually by the President to
the Congress.
" Sec. 305. Funds generated from the sale of agricultural
commodities by any participating country under this title shall be held
in a special account, where practicable, to be disbursed for the
purposes described in the approved Food for Development Program of such
country. The amount of funds disbursed for such purposes and in
accordance with the agreement shall be deemed payments for the purposes
of section 103(b) of this Act.
" Sec. 306. // 7 USC 1727e. // Not more than one year after the
initial delivery of commodities to any country under this title and each
year thereafter for the period of agreement, the government of the
participating country, with the assistance (if requested) of the United
States Government, shall submit a comprehensive report to the President
on the activities and progress achieved under the Food for Development
Program for such country, including, but not limited to, a comparison of
results with projected targets a specific accounting for funds
generated, their uses, and the outstanding balances at the end of the
most recent fiscal year. $such annual report may also include
recommendations for modification and improvement in the Food for
Development Program of such country.
" Sec. 307. // 7 USC 1727f. // (a) Each year the President shall
review the disposition of all agreements providing for the use of the
proceeds from the sale of agricultural commodities pursuant to this
title for which such funds were not fully disbursed the preeceding year.
The results of such review shall be included in the annual report to
the Congress required under section 408(a) of this Act. // 7 USC 1736b.
//
"(b) If the President finds that the provisions of an agreement are
not being substantially met, he shall not extend financing for sales
under this title until the end of the following fiscal year or until the
situation is remedied, whichever occurs first, unless the failure to
meet the provisions is due to unusual circumstances beyond the control
of the recipient government.".
(b) (1) Section 103(b) of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1703. // is amended by striking out
"section 106 (b) (2)" in the proviso and inserting in lieu thereof
"title III".
(2) Section 106 (b) (2) of such Act is amended by striking out the
second and third sentences.
AGRICULTURAL
PRODUCTION IN RECIPIENT COUNTRY
Sec. 212. Section 401 of the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1731. // is amended by inserting "(a)"
immediately after " Sec. 401." and by adding at the end thereof the
following new subsection:
"(b) No agricultural commodity may be financed or otherwise made
available under the authority of this Act except upon a determination by
the Secretary of Agriculture that (1) adequate storage facilities are
available in the recipient country at the time of exportation of the
commodity to prevent the spoilage or waste of the commodity, and (2) the
distribution of the commodity in the recipient country will not result
in a substantial disincentive to domestic production in that country.".
EVALUATION REPORTS
Sec. 213. Subsections (b) and (c) of section 408 of the Agricultural
Trade Development and Assistance Act of 1954 // 7 USC 1736b. // are
amended to read as follows:
"(b) Not later than September 30 of each year, the President shall
submit to the Congress a report containing a global assessment of food
production and needs and setting forth planned programing of food
assistance under title I for the coming fiscal year. Not later than
December 31, March 31, and June 30 of each year, the President shall
submit a report to the Congress showing the current status of planned
programing of food assistance under title I for the current fiscal year.
"(c) Beginning October 1, 1978, and at each five-year interval
thereafter, the President shall submit to the Congress a comparative
cross-country evaluation of programs conducted under titles II and III.
Such evaluations shall cover no fewer than five countries sampled from
the developing regions (Asia, Africa, Latin America, and the Caribbean),
and shall assess the nutritional and other impacts, achievements,
problems, and future prospects for programs under these titles.".
Sec. 214. // 7 USC 1708. // The President shall conduct a
comprehensive study of payment of ocean freight differentials between
United States-flag rates and foreign-flag rates when United States-flag
vessels are required to be used, in accordance with section 901(b) of
the Merchant Marine Act, 1936, // 46 USC 1241. // for the shipment of
agricultural commodities under the Agricultural Trade Development and
Assistance Act of 1954 // 7 USC 1691. // and shall recommend possible
changes in the method of reimbursement which is now borne by the
Commodity Credit Corporation. Such study shall be completed with 180
days after the date of enactment of this section and submitted to the
following committees of the Congress: the Senate Committee on
Agriculture, Nutrition, and FORESTRY; the Senate Committee on Commerce,
Science, and Transportation; the House Committee on Agriculture; the
House Committee on Merchant Marine and Fisheries; and the House
Committee on International Relations.
Sec. 215. The provisions of this title // 7 USC 1702 // shall become
effective October 1, 1977.
LEGISLATIVE HISTORY:
HOUSE REPORTS: No. 95 - 240 (Comm. on International Relations) and
No. 95 - 501 (Comm. of Conference).
SENATE REPORT No. 95 - 161 accompanying S. 1520 (Comm. on Foreign
Relations).
CONGRESSIONAL RECORD, Vol. 123 (1977):
May 12, considered and passed House.
June 15, considered and passed Senate, amended in lieu of S.
1520.
July 21, House agreed to conference report.
July 22, Senate agreed to conference report.
PUBLIC LAW 95-87, 91 STAT. 445, SURFACE MINING AND RECLAMATION ACT OF
1977
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act // 30 USC
1201 // may be cited as the " Surface Mining Control and Reclamation Act
of 1977".
Sec. 101. Findings. Sec. 102. Purposes.
Sec. 201. Creation of the Office.
Sec. 301. Authorization of State allotments to institutes. Sec. 302.
Research funds to institutes. Sec. 303. Funding criteria. Sec. 304.
Durites of the Secretary. Sec. 305. Autonomy. Sec. 306. Miscellaneous
provisions. Sec. 307. Center for cataloging. Sec. 308. Interagency
cooperation. Sec. 309. Advisory committee.
Sec. 401. Abandoned Mine Reclamation Fund and purposes. Sec. 402.
Reclamation fee. Sec. 403. Objectives fund. Sec. 404. Eligible lands
and water. Sec. 405. State reclamation programs. Sec. 406. Reclamation
of rural lands. Sec. 407. Acquisition and reclamation of land adversely
affected by
Sec. 408. Liens. Sec. 409. Filling voids and sealing tunnels. Sec.
410. Emergency powers. Sec. 411. Fund report. Sec. 412. Miscellaneous
powers. Sec. 413. Interagency cooperation.
Sec. 501. Environmental protection standards. Sec. 502. Initial
regulatory procedures. Sec. 503. State programs. Sec. 504. Federal
programs.
Sec. 505. State laws. Sec. 506. Permits Sec. 507. Application
requirements. Sec. 508. Reclamation plan requirements. Sec. 509.
Performance bonds. Sec. 510. Permit approval or denial. Sec. 511.
Revision of permits. Sec. 512. Coal exploration and permits. Sec. 513.
Public notice and public hearings. Sec. 514. Decisions of regulatory
authority and appeals. Sec. 515. Environmental protection performance
standards. Sec. 516. Surface effects of underground coal mining
operations. Sec. 517. Inspections and monitoring. Sec. 518. Penalties.
Sec. 519. Release of performance bonds or deposits. Sec. 520. Citizen
suits. Sec. 521. Enforcement. Sec. 522. Designating areas unsuitable
for surface coal mining. Sec. 523. Federal lands. Sec. 524. Public
agencies, public utilities, and public
Sec. 525. Review by Secretary. Sec. 526. Judicial review. Sec. 527.
Special bituminous coal mines. Sec. 528. Surface mining operations not
subject to this Act. Sec. 529. Anthracite coal mines.
Sec. 601. Designation procedures.
Sec. 701. Definitions. Sec. 702. Other Federal laws. Sec. 703.
Employee protection. Sec. 704. Protection of Government employees.
Sec. 705. Grants to the States. Sec. 706. Annual report. Sec. 707.
Severability. Sec. 708. Alaskan surface coal mine study. Sec. 709.
Study of reclamation standards for surface mining of other
Sec. 710. Indian lands. Sec. 711. Experimental practices. Sec. 712.
Authorization of appropriations. Sec. 713. Cooridination of regulatory
and inspection activities. Sec. 714. Surface owner protection. Sec.
715. Federal lessee protection. Sec. 716. Alaska coal. Sec. 717.
Water rights and replacement. Sec. 718. Advance appropriations. Sec.
719. Certification and training of blasters.
Sec. 801. Establishment of university coal research laboratories. Sec.
802. Financial assistance. Sec. 803. Limitation of payments. Sec.
804. Payments. Sec. 805. Advisory Council on Coal Research. Sec. 806.
Authorization of appropriations.
Sec. 901. Program authorized. Sec. 902. Awarding of fellowships. Sec.
903. Distribution of fellowships. Sec. 904. Stipends and institutions
of higher education allowances. Sec. 905. Limitation. Sec. 906.
Fellowship conditions. Sec. 907. Appropriations authorized. Sec. 908.
Research and demonstration projects of alternative coal
Sec. 101. // 30 USC 1201. // The Congress finds and declares that--,
(a) extraction of coal and other minerals from the earth can be
accompished by various methods of mining, including surface
mining;
(b) coal mining operations presently contribute significantly
to the Nation's energy requirements; surface coal mining
constitutes one method of extraction of the resource; the
overwhelming percentage of the Nation's coal reserves can only be
extracted by underground mining methods, and it is, therefore,
essential to the national interest to insure the existence of an
expanding and economically healthy underground coal mining
industry;
(c) many surface mining operations result in disturbances of
surface areas that burden and adversely affect commerce and the
public welfare by destroying or diminishing the utility of land
for commercial, industrial, residential, recreational,
agricultural, and forestry purposes, by causing erosion and
landslides, by contributing to floods, by polluting the water, by
destroying fish and wildlife habitats, by impairing natural
beauty, by damaging the property of citizens, by creating hazards
dangerous to life and property by degrading the quality of life in
local communities, and by counteracting governmental programs and
efforts to conserve soil, water, and other natural resources;
(d) the expansion of coal mining to meet the Nation's energy
needs makes even more urgent the establishment of appropriate
standards to minimize damage to the environment and to
productivity of the soil and to protect the health and safety of
the public.
(e) surface mining and reclamation technology are now developed
so that effective and reasonable regulation of surface coal mining
operations by the States and by the Federal Government in
accordance with the requirements of this Act is an appropriate and
necessary means to minimize so far as practicable the adverse
social, economic, and environmental effects of such mining
operations;
(f) because of the diversity in terrain, climate, biologic,
chemical, and other physical conditions in areas subject to mining
operations, the primary governmental responsibility for
developing, authorizing, issuing, and enforcing regulations for
surface mining and reclamation operations subject to this Act
should rest with the States;
(g) surface mining and reclamation standards are essential in
order to insure that competition in interstate commerce among
sellers of coal produced in different States will not be used to
undermine the ability of the several States to improve and
maintain adequate standards on coal mining operations within their
borders;
(h) there are a substantial number of acres of land throughout
major regions of the United States disturbed by surface and
underground coal on which little or no reclamation was conducted,
and the impacts from these unreclaimed lands impose social and
economic costs on residents in nearby and adjoining areas as well
as continuing to impair environmental quality;
(i) while there is a need to regulate surface mining operations
for minerals other than coal, more data and analyses are needed to
serve as a basis for effective and reasonable regulation of such
operations;
(j) surface and underground coal mining operations affect
interstate commerce, contribute to the economic well-being,
security, and general welfare of the Nation and should be
conducted in an environmentally sound manner; and
(k) the cooperative effort established by this Act is necessary
to prevent or mitigate adverse environmental effects of present
and future surface coal mining operations.
Sec. 102. // 30 USC 1202. // It is the purpose of this Act to--
(a) establish a nationwide program to protect society and the
environment from the adverse effects of surface coal mining
operations;
(b) assure that the rights of surface landowners and other
persons with a legal interest in the land of appurtenances thereto
are fully protected from such operations;
(c) assure that surface mining operations are not conducted
where reclamation as required by this Act is not feasible;
(d) assure that surface coal mining operations are so conducted
as to protect the environment;
(e) assure that adequate procedures asr undertaken to reclaim
surface areas as contemporaneously as possible with the surface
coal mining operations;
(f) assure that the coal supply essential to the Nation's
energy requirements, and to its economic and social well-being is
provided and strike a balance between protection of the
environment and agricultural productivity and the Nation's need
for coal as an essential source of energy;
(g) assist the States in developing and implementing a program
to achieve the purposes of this Act;
(h) promote the reclamation of mined areas left without
adequate reclamation prior to the enactment of this Act and which
continue, in their unreclaimed condition, to substantially degrade
the quality of the environment, prevent or damage the beneficial
use of land or water resources, or endanger the health or safety
of the public;
(i) assure that appropriate procedures are provided for the
public participation in the development, revision, and enforcement
of regulations, standards, reclamation plans, or programs
established by the Secretary or any State under this Act;
(j) provide a means for development of the data and analyses
necessary to establish effective and reasonable regulation of
surface mining operations for other minerals;
(k) encourage the full utilization of coal resources through
the development and application of underground extraction
technologies;
(i) stimulate, sponsor, provide for and/or supplement present
programs for the conduct of research investigations, experiments,
and demonstrations, in the exploration, extraction, processing,
development, and production of minerals and the training of
minerals engineers and scientists in the field of mining, minerals
resources, and technology, and the establishment of an appropriate
research and training center in various States; and
(m) wherever necessary, exercise the full reach of Federal
constitutional powers to insure the protection of the public
interest through effective control of surface coal mining
operations.
Sec. 201. // 30 USC 1211. // (a) There is established in the
Department of the Interior, the Office of Surface Mining Reclamation and
Enforcement (hereinafter referred to as the "office").
(b) The Office shall have a Director who shall be appointed by the
President, by and with the advice and consent of the Senate, and shall
be compensated at the rate provided for level IV of the Executive
Schedule under section 5315 of the United States Code, // 5 USC 5315.
// and such other employees as may be required. Pursuant to section
5108, title 5, and after consultation with the Secretary, a majority of
members of the Civil Service Commission shall determine the necessary
number of positions in general schedule employees in grade 16, 17, and
18 // 5 USC 5332. // to perform functions of this title and shall
allocate such positions to the Secretary. The Director shll have the
responsibilities provided under subsection (c) of this section and those
duties and responsibilities relating to the functions of the Office
which the Secretary may assign, consitent with this Act. Employees of
the Office shall be recruited on the basis of their professional
competence and capacity to administer the provisions of this Act. The
Office may use, on a reimbursable basis when appropriate, employees of
the Department and other Federal agencies to administer the provisions
of this Act, providing that no legal authority, program, or function in
any Federal agency which has as its purpose promoting the development or
use of coal or other mineral resources or regulating the health and
safety of miners under provisions of the Federal Coal Mine Health and
Safety Act of 1969 // 30 USC 801. // (83 Stat. 742), shall be
transferred to the Office.
(c) The Secretary, acting through the Office shall--,
(1) administer the programs for controlling surface coal mining
operations which are required by this Act; review and approve or
disapprove State programs for controlling surface coal mining
operations and reclaiming abandoned mined lands; make those
investigations and inspections necessary to insure compliance with
this Act; conduct hearings, administer oaths, issue subpenas, and
compel the attendance of witnesses and production of written or
printed material as provided for in this Act; issue
cease-and-desist orders; review and vacate or modify or apporve
orders and decisions; and order the suspension, revocation, or
withholding of any permit for failure to comply with any of the
provisions of this Act or any rules and regulations adopted
pursuant thereto;
(2) publish and promulgate such rules and regulations as may be
necessary to carry out the purposes and provisions of this Act;
(3) administer the State grant-in-aid program for the
development of State programs for surface and mining and
reclamation operations provided for in title V of this Act;
(4) administer the program for the purchase and reclamation of
abandoned and unreclaimed mined areas pursuant to title IV of this
Act;
(5) administer the surface mining and reclamation research and
demonstration project authority provided for in this Act;
(6) consult with other agencies of the Federal Government
having expertise in the control and reclamation of surface mining
operations and assist States, local governments, and other
eligible agencies in the coordination of such programs;
(7) maintain a continuing study of surface mining and
reclamation operations in the United States;
(8) develop and maintain an Information and Data Center on
Surface Coal Mining, Reclamation, and Surface Impacts of
Underground Mining, which will make such data available to the
public and the Federal, regional, State, and local agencies
conducting or concerned with land use planning and agencies
concerned with surface and underground mining and reclamation
operations;
(9) assist the States in the development of State programs for
surface coal mining and reclamation operations which meet the
requirements of the Act, and at the same time, reflect local
requirements and local environmental and agricultural conditions;
(10) assist the States in developing objective scientific
criteria and appropriate procedures and institutions for
determining those areas of a State to be designated unsuitable for
all or certain types of surface coal mining pursuant to section
522;
(11) monitor all Federal and State research programs dealing
with coal extraction and use and recommend to Congress the
research and demonstration projects and necessary changes in
public policy which are designated to (A) improve feasibility of
underground coal mining, and (B) improve surface mining and
reclamation techniques directed at eliminating adverse
environmental and social impacts;
(12) cooperate with other Federal agencies and State regulatory
authorities to minimize duplication of inspections, enforcement,
and administration of this Act; and
(13) perform such other duties as may be provided by law and
relate to the purposes of this Act.
(d) The Director shall not use either permanently or temporarily any
person charged with responsibility of inspecting coal mines under the
Federal Coal Mine Health and Safety Act of 1969, // 30 USC 801. //
unless he finds and publishes such finding in the Federal Register, that
such activities would not interfere with such inspections under the 1969
Act.
(e) The Office shall be considered an independent Federal regulatory
agency for the purposes of sections 3502 and 3512 of title 44 of the
United States Code.
(f) No employee of the Office or any other Federal employee
performing any function or duty under this Act shall have a direct or
indirect financial interest in underground or surface coal mining
operations. Whoever knowingly violates the provisions of the above
sentence shall, upon conviction, be punished by a fine of not more than
$2,500, or by imprisonment for not more than one year, or both. The
Director shall (1) within sixty days after enactment of this Act publish
regulations, in accordance with section 553 of title 5, United States
Code, to establish the methods by which the provisions of this
subsection will be monitored and enforced, including appropriate
provisions for the filing by such employees and the review of statements
and supplements thereto concerning their financial interests which may
be affected by this subsection, and (2) report to the Congress as part
of the annual report (section 706) on the actions taken and not taken
during the preceding calendar year under this subsection.
(g)(1) After the Secretary has adopted the regulations required by
section 501 of this Act, any person may petition the Director to
initiate a proceeding for the issuance, amendment, or repeal of a rule
under this Act.
(2) Such petitions shall be filed in the principal office of the
Director and shall set forth the facts which it is claimed established
that it is necessary to issue, amend, or repeal a rule under this Act.
(3) The Director may hold a public hearing or may conduct such
investigation or proceeding as the Director deems appropriate in order
to determine whether or not such petition should be granted.
(4) Within ninety days afer filing of a petition described in
paragraph (1), the Director shall either grant or deny the petition. If
the Director grants such petition, the Director shall promptly commence
an appropriate proceeding in accordance with the provisions of this Act.
If the Director denies such petition, the Director shall so notify the
petitioner in writing setting forth the reasons for such denial.
Sec. 301. // 30 USC 1221. // (a) There are authorized to be
appropriated to the Secretary of the Interior sums adequate to provide
for each participating State $200,000 for fiscal year 1978, $300,000 for
fiscal year 1979, and $400,000 for each fiscal year thereafter for five
years, to assist the States in carrying on the work of a competent and
qualified mining and mineral resources research institutee, or center
(hereinafter referred to as "institute") at one public college or
university in the State which has in existence at the time of enactment
of this title a school of mines, or division, or department conducting a
program of substantial instruction and research in mining or minerals
extraction or which establishes such a school of mines, or division, or
department subsequent to the enactment of this title and which school of
mines, or division or department shall have been in existence for at
least two years. The Advisory Committee on Mining and Minerals
Resources Research as created by this title shall determine a college or
university to have an eligible school of mines, or divison or department
conducting a program of substantial instruction and research in mining
or minerals extraction wherein education and research in the minerals
engineering fields are being carried out and wherein at least four
full-time permanent faculty members are employed: Provided, That--,
(1) such moneys when appropriated shall be made available to
match, on a dollar-for-dollar basis, non-Fderal funds which shall
be at least equal to the Federal share to support the institute;
(2) if there is more than one such eligible college or
university in a State, funds under this title shall, in the
absence of a designation to the contrary by act of the legislature
of the State, be paid to one such college or university designated
by the Governor of the State; and
(3) where a State does not have a public college or university
with an eligible school of mines, or division, or department
conducting a program of substantial instruction and research
conducting in mining or mineral extraction, said advisory
committee may allocate the State's allotment to one private
college or university which it determines to have an eligible
school of mines, or division, or department as provided herein.
(b) It shall be the duty of each such institute to plan and conduct
and/or arrange for a component or components of the college or
university with which it is affiliated to conduct competent research,
investigations, demonstrations, and experiments of either a basic or
practical nature, or both, in relation to mining and mineral resources
and to provide for the training of mineral engineers and scientists
through such research, investigations, demonstrations, and experiments.
Such research, investigations, demonstrations, experiments, and training
may include, without being limited; exploration; extraction;
processing; and development; production of mineral resources; mining
and mineral technology; supply and demand for minerals; conservation
and best use of available supplies of minerals; the economic, legal,
social, engineering, recreational, biological, geographic, ecological,
and other aspects of mining, mineral resources, and mineral reclamation,
having due regard to the interrelation on the natural environment, the
varying conditions and needs of the respective States, and to mining and
mineral resources research projects being conducted by agencies of the
Federal and State governments, and other institutes.
Sec. 302. // 30 USC 1222. // (a) There is authorized to be
appropriated annually for seven years to the Secretary of the Interior
the sum of $15,000,000 in fiscal year 1978, said sum increased by
$2,000,000 each fiscal year thereafter for six years, which shall remain
available until expended. Such moneys when appropriated shall be made
available to institutes to meet the necessary expenses for purposes of:
(1) specific mineral research and demonstration projects of
industrywide application, which could not otherwise be undertaken,
including the expenses of planning and coordinating regional
mining and mineral resources research projects by two or more
institutes, and
(2) research into any aspects of mining and mineral resources
problems related to the mission of the Department of the Interior,
which may be deemed desirable and are not otherwise being studied.
(b) Each application for a grant pursuant to subsection (a) of this
section shall, among other things, state the nature of the project to be
undertaken, the period during which it will be pursued, the
qualifications of the personnel who will direct and conduct it, the
estimated costs, the importance of the project to the Nation, region, or
State concerned, and its relation to other known research projects
theretofore pursued or being pursued, and the extent to which it will
provide opportunity for the training of mining and mineral engineers and
scientists, and the extent of participation by nongovernmental sources
in the project.
(c) The Secretary shall, insofar as it is practicable, utilize the
facilities of institutes designated in section 301 of this title to
perform such special research, authorized by this section, and shall
select the institutes for the performance of such special research on
the basis of the qualifications without regard to race or sex of the
personnel who will conduct and direct it, and on the basis of the
facilities available in relation to the particular needs of the research
project, special geographic, geologic, or climate conditions within the
immediate vicinity of the institute in relation to any special
requirements of the research project, and the extent to which it will
provide opportunity for training individuals as mineral engineers and
scientists. The Secretary may designate and utilize such portions of
the funds authorized to be appropriated by this section as he deems
appropriate for the purpose of providing scholarships, graduate
fellowships, and postdoctoral fellowships.
(d) No grant shall be made under subsection (a) of this section
except for a project approved by the Secretary of the Interior and all
grants shall be made upon the basis of merit of the project, the need
for the knowledge which it is expected to produce when completed, and
the opportunity ot provides for the training of individuals as mineral
engineers and scientists.
(e) No portion of any grant under this section shall be applied to
the acquisition by purchase or lease of any land or interests therin or
the rental, purchase, construction, preservation, or repair of any
building.
Sec. 303. // 30 USC 1223. // (a) Sums available to institutes under
the terms of sections 301 and 302 of this title shall be paid at such
times and in such amounts during each fiscal year as determined by the
Secretary, and upon vouchers approved by him. Each institute shall set
forth its plan to provide for the training of individuals as mineral
engineers and scientists under a curriculum appropriate to the field of
mineral resources and mineral engineering and related fields; set forth
policies and procedures which assure that Federal funds made available
under this title for any fiscal year will supplement and, to the extent
practicable, increase the level of funds that would, in the absence of
such Federal funds, be made available for purposes of this title, and in
no case supplant such funds; have an officer appointed by its governing
authority who shall receive and account for all funds paid under the
provisions of this title and shall make an annual report to the
Secretary on or befor the first day of September of each year, on work
accomplished and the status of projects underway, together with a
detailed statement of the amounts received under any provisions of this
title during the preceeding fiscal year, and of its disbursements on
schedules prescribed by the Secretary. If any of the moneys received by
the authorized receiving officer of any institute under the provisions
of this title shall by any action or contingency be found by the
Secretary to have been improprely diminished, lost, or misapplied, it
shall be replaced by the State concerned and until so replaced no
subsequent appropriation shall be allotted or paid to any institute of
such State.
(b) Moneys appropriated pursuant to this title shall be available for
expenses for research, investigations, experiments, and training
conducted under authority of this title. The institutes are hereby
authorized and encouraged to plan and conduct programs under this title
in cooperation with each other and with such other agencies and
individuals as may contribute to the solution of the mining and mineral
resources problems involved, and moneys appropriated pursuant to this
title shall be available for paying the necessary expenses of planning,
coordinating, and conducting such cooperative research.
Sec. 304. // 30 USC 1224. // (a) The Secretary of the Interior is
hereby charged with the responsibility for the proper administration of
this title and, after full consultation with other interested Federal
agencies, shall prescribe such rules and regulations as may be necessary
to carry out its provisions. The Secretary shall furnish such advice and
assistance as will best promote the purposes of this title, participate
in coordinating research initiated under this title by the institutes,
indicate to them such lines of inquiry as to him seem most important,
and encourage and assist in the establishment and maintenance of
cooperation by and between the institutes and between them and other
research organizations, the United States Department of the Interior,
and other Federal establishments.
(b) On or before the 1st day of July in each year after the passage
of this title. the Secretary shall ascertain whether the requirements of
section 303(a) have been met as to each institute and State.
(c) The Secretary shall make an annual report to the Congress of the
receipts, expenditures, and work of the institutes in all States under
the provisions of this title. The Secretary's report shall indicate
whether any portion of an appropriation available for allotment to any
State has been withheld and, if so, the reason therefor.
Sec. 305. // 30 USC 1225. // Nothing in this title shall be
construed to impair or modify the legal relationship existing between
any of the colleges or universities under whose direction an institute
is established and the goverment of the State in which it is located,
and nothing in this title shall in any way be construed to authorize
Federal control or direction of education at any college or university.
Sec. 306. // 30 USC 1226. // (a) The Secretary of the Interior shall
obtain the continuing advice and cooperation of all agencies of the
Federal Government concerned with mining and mineral resources, of State
and local goverments, and of private institutions and individuals to
assure that the programs authorized in this title will supplement and
not duplicate established mining and minerals research programs, to
stimulate research in otherwise neglected areas, and to contribute to a
comprehensive nationwide program of mining and minerals research, having
due regard for the protection and conservation of the environment. The
Secretary shall make generally available information and reports on
projects completed, in progress, or planned under the provisions of this
title, inaddition to any direct publication of information by the
institutes themselves.
(b) Nothing in this title is intended to give or shall be construed
as giving the Secretary of the Interior any authority over mining and
mineral resources research conducted by any agency of the Federal
Government, or as repealing, superseding, or diminishing existing
authorities or responsibilities of any agency of the Federal Government
to plan and conduct, contract for, or assist in research in its area of
responsibility and concern with mining and mineral resources.
(c) Contracts or other arrangements for mining and mineral resources
research work authorized under this title with an institute, educational
institution, or nonprofit organization may be undertaken without regard
to the provisions of section 3684 of the Revised Statutes (31 U.S.C.
529) when, in the judgment of the Secretary of the Interior, advance
payments of initial expense are necessary to facilitate such work:
Provided, That authority to make payments under this subsection shall be
effective only to such extent or in such amounts as are provided in
advance by appropriation Acts.
(d) No research, demonstration, or experiment shall be carried out
under this Act by an institute financed by grants under this Act, unless
all uses, products, processes, patents, and other developments resulting
therefrom, with such exception or limitation, if any, as the Secretary
may find necessary in the public interest, be available promptly to the
general public. Nothing contained in this section shall deprive the
owner of any background patent relating to any such activities of any
rights which that owner may have under that patent. There are
authorized to be appropriated such sums as are necessary for the
printing and publishing of the results of activities carried out by
institutes under the provisions of this Act and for administrative
planning and direction, but such appropriations shall not exceed
$1,000,000 in any fiscal year: Provided, That no new budget authority
is authorized to be appropriated for fiscal year 1977.
Sec. 307. // 30 USC 1227. // The Secretary shall establish a center
for cataloging current and projected scientific research in all fields
of mining and mineral resources. Each federal agency doing mining and
mineral resources research shall cooperate by providing the cataloging
center with information on work underway or scheduled by it. The
cataloging center shall classify and maintain for public use a catalog
of mining and mineral resources research and investigation projects in
progress or scheduled by all Federal agencies and by such non-Federal
agencies of government, colleges, universities, private institutions,
firms, and individuals as may make such information available.
Sec. 308. // 30 USC 1228. // The President shall, by such means as
he deems appropriate, clarify agency responsibility for Federal mining
and mineral resources research and provide for interagency coordination
of such research, including the research authorized by this title. Such
coordination shall include--,
(a) continuing review of the adequacy of the Government-wide
program in mining and mineral resources research;
(b) identification and elimination of duplication and overlap
between two or more agency programs;
(c) identification of technical needs in various mining and
mineral resources research categories;
(d) recommendations with respect to allocation of technical
effort among Federal agencies;
(e) review of technical manpower needs and findings concerning
management policies to improve the quality of the Government-wide
research effort; and
(f) actions to facilitate interagency communication at
management levels.
Sec. 309. // 30 USC 1229. // (a) The Secretary of the Interior shall
appoint an Advisory Committee on Mining and Mineral Research composed
of--,
(1) the Director, Bureau of Mines, or his delegate, with his
consent;
(2) the Director of the National Science Foundation, or his
delegate, with his consent;
(3) the President, National Academy of Sciences, or his
delegate, with his consent;
(4) the President, National Academy of Engineering, or his
delegate, with his consent; and
(5) the Director, United States Geological Survey, or his
delegate, with his consent; and
(6) not more than four other persons who are knowledgeable in
the fields of mining and mineral resources research, at least one
of whom shall be a representative of working coal miners.
(b) The Secretary shall designate the Chairman of the Advisory
Committee. The Advisory Committee shall consult with, and make
recommendations to, the Secretary of the Interior on all matters
involving or relating to mining and mineral resources research and such
determinations as provided in this title. The Secretary of the Interior
shall consult with, and consider recommendations of such Committee in
the conduct of mining and mineral resources research and the making of
any grant under this title.
(c) Advisory Committee members, other than officers or employees of
Federal, State, or local governments, shall be, for each day (including
traveltime) during which they are performing committee business,
entitled to receive compensation at a rate fixed by the Secretary but
not in excess of the maximum rate of pay for grade GS--18 as provided in
the General Schedule under section 5332 of title 5 of the United States
Code, // 5 USC 5332. // and shall, notwithstanding the limitations of
sections 5703 and 5704 of title 5, United States Code, be fully
reimbursed for travel, subsistence, and related expenses.
Sec. 401. // 30 USC 1231. // (a) There is created on the books of
the Treasury of the United States a trust fund to be known as the
Abandoned Mine Reclamation Fund (hereinafter referred to as the "fund")
which shall be administered by the Secretary of the Interior, State
abandoned mine reclamation funds (State funds) generated by grants from
this title shall be established by each State pursuant to and approved
State program.
(b) The fund shall consist of amounts deposited in the fund, from
time to time derived from--,
(1) the reclamation fees levied under section 402 of this Act:
Provided, That an amount not to exceed 10 per centum of such
reclamation fees collected for any calendar quarter shall be
reserved beginning in the first calendar year in which the fee is
imposed and continuing for the remainder of that fiscal year and
for the period in which such fee is imposed by law, for the
purpose of section 507(c), subject to appropriation pursuant to
authorization under section 712: Provided further, That not more
than $10,000,000 shall be available for such purposes;
(2) any user charge imposed on or for land reclaimed pursuant
to this title, after expenditures for maintenance have been
deducted;
(3) donations by persons, corporations, associations, and
foundations for the purposes of this title; and
(4) recovered moneys as provided for in this title. (c) Moneys
in the fund may be used for the following purposes:
(1) reclamation and restoration of land and water resources
adversely affected by past coal mining, including but not limited
to reclamation and restoration of abandoned surface mine areas,
abandoned coal processing areas, and abandoned coal refuse
disposal areas; sealing and filling abandoned deep mine entries
and voids; planting of land adversely affected by past coal
mining to prevent erosion and sedimentation; prevention,
abatement, treatment, and control of water pollution created by
coal mine drainage including restoration of stream beds, and
construction and operation of water treatment plants; prevention,
abatement, and control of burning coal refuse disposal areas and
burning coal in situ; and prevention, abatement, and control of
coal mine subsidence;
(2) for use under section 406, by the Secretary of Agriculture,
of up to one-fifth of the money deposited in the funds annually
and transferred by the Secretary of the Interior to the Secretary
of Agriculture for such purposes;
(3) acquisition and filling of voids and sealing of tunnels,
shafts, and entryways under section 409;
(4) acquisition of land as provided for in this title;
(5) enforcement and collection of the reclamation fee provided
for in section 402 of this title;
(6) studies by the Department of the Interior by contract to
such extent or in such amounts as are provided in appropriation
Acts with public and private organizations to provide information,
advice, and technical assistance, including research and
demonstration projects, conducted for the purposes of this title;
(7) restoration, reclamation, abatement, control, or prevention
of adverse effects of coal mining which constitutes an emergency
as provided for in this title;
(8) grants to the States to accomplish the purposes of this
title;
(9) administrative expenses of the United States and each State
to accomplish the purposes of this title; and
(10) all other necessary expenses to accomplish the purposes of
this title.
(d) Moneys from the fund shall be available for the purposes of this
title, only when appropriated therefor, and such appropriations shall be
made without fiscal year limitations.
Sec. 402. // 30 USC 1232. // (a) All operators of coal mining
operations subject to the provisions of this Act shall pay to the
Secretary of the Interior, for deposit in the fund, a reclamation fee of
35 cents per ton of caol produced by surface coal mining and 15 cents
per ton of coal produced by underground mining or 10 per centum of the
value of the coal at the mine, as determined by the Secretary, whichever
is less, except that the reclamation fee for lignite coal shall be at a
rate of 2 per centum of the value of the coal at the mine, or 10 cents
per ton, whichever is less.
(b) Such fee shall be paid no later than thirty days after the end of
each calendar quarter beginning with the first calendar quarter
occurring after the date of enactment of this Act, and ending fifteen
years after the date of enactment of this Act unless extended by an Act
of Congress.
(c) Together with such reclamation fee, all operators of coal mine
operations shall submit a statement of the amount of coal produced
during the calendar quarter, the method of coal removal and the type of
coal, the accuracy of which shall be sworn to by the operator and
notarized.
(d) Any person, corporate officer, agent or director, on behalf of a
coal mine operator, who knowingly makes any false statement,
representation or certification, or knowingly fails to make any
statement, representation or certification required in this section
shall, upon conviction, be punished by a fine of not more than $10,000,
or by imprisonment for not more than one year, or both.
(e) Any portion of the reclamation fee not properly or promptly paid
pursuant to this section shall be recoverable, with statutory interest,
from coal mine operators, in any court of competent jurisdiction in any
action at law to compel payment of debts.
(f) All Federal and State agencies shall fully cooperate with the
Secretary of the Interior in the enforcement of this section.
(g)(1) The geographic allocation of expenditures from the fund shall
reflect both the area from which the revenue was derived as well as the
national program needs for the funds.
(2) Fifty per centum of the funds collected annually in any State or
Indian reservation shall be allocated to that State or Indian
reservation by the Secretary pursuant to any approved abandoned mine
reclamation program to accomplish the purposes of this title. Where the
Governor of a State or the head of a governing body of a tribe certifies
that (i) objectives of the fund set forth in sections 403 and 409 have
been achieved, (ii) there is a need for construction of specific public
facilities in communities impacted by coal development, (iii) impact
funds which may be available under provisions of the Federal Mineral
Leasing Act of 1920, // 31 USC 181. // as amended, or the Act of
October 20, 1976, Public Law 94 - 565 (90 Stat. 2662), are inadequate
for such construction, and (iv) the secretary concurs in such
certification, then the Secretary may continue to allocate all or part
of the 50 per centum share to that State or tribe for such construction:
Provided, however, That if funds under this subparagraph (2) have not
been expended within three years after their allocation, they shall be
available for expenditure in any eligible area as determined by the
Secretary.
(3) The balance of funds collected on an annual basis may be expended
in any State at the discretion of the Secretary in order to meet the
purposes of this title. Such funds may be expended directly by the
Secretary or by making additional grants to approved State reclamation
programs pursuant to section 405 when the Secretary finds that such
programs are the best means of accomplishing the specific reclamation
projects. The Secretary shall consult and coordinate with the
respective States those projects funded directly or in conjunction with
other Federal agencies.
Sec. 403. // 30 USC 1233. // Expenditure of moneys from the fund on
lands and water eligible pursuant to section 404 for the purposes of
this title shall reflect the following priorities in the order stated:
(1) the protection of public health, safety, general welfare,
and property from extreme danger of adverse effects of coal mining
practices;
(2) the protection of public health, safety, and general
welfare from adverse effects of coal mining practices;
(3) the restoration of land and water resources and the
environment previously degraded by adverse effects of coal mining
practices including measures for the conservation and development
of soil, water (excluding channelization), woodland, fish and
wildlife, recreation resources, and agricultural productivity.
(4) research and demonstration projects relating to the
development of surface mining reclamation and water quality
control program methods and techniques;
(5) the protection, repair, replacement, construction, or
enhancement of public facilities such as utilities, roads,
recreation, and conservation facilities adversely affected by coal
mining practices;
(6) the development of publicly owned land adversely affected
by coal mining practices including land acquired as provided in
this title for recreation and historic purposes, conservation, and
reclamation purposes and open space benefits.
Sec. 404. // 30 USC 1234. // Lands and water eligible for
reclamation or drainage abatement expenditures under this title are
those which were mined for coal or which were affected by such mining,
wastebanks, coal processing, or other coal mining processes, and
abandoned or left in an inadequate reclamation status prior to the date
of enactment of this Act, and for which there is no continuing
reclamation responsibility under State or other Federal laws.
Sec. 405. // 30 Usc 1235. // (a) Not later than the end of the one
hundred and eighty-day period immediately following the date of
enactment of this Act, the Secretary shall promulgate and publish in the
Federal Register regulations covering implementation of an abandoned
mine reclamation program incorporating the provisions of title IV and
establishing procedures and requirements for preparation, submission,
and approval of State programs consisting of the plan and annual
submissions of projects.
(b) Each State having within its borders coal mined lands eligible
for reclamation under this title, amy submit to the Secretary a State
Reclamation Plan and annual projects to carry out the purposes of this
title.
(c) The Secretary shall not approve, fund, or continue to fund a
State abandoned mine reclamation program unless that State has an
approved State regulatory program pursuant to section 503 of this Act.
(d) If the Secretary determines that a State has developed and
submitted a program for reclamation of abandoned mines and has the
ability and necessary State legislation to implement the provisions of
this title, sections 402 and 410 excepted, the Secretary shall approve
such State program and shall grant to the State exclusive responsibility
and authority to implement the provisions of the approved program:
Provided, That the Secretary shall withdraw such approval and
authorization if he determines upon the basis of information provided
under this section that the State program is not in compliance with the
procedures, guidelines, and requirements established under subsection
405(a).
(e) Each State Reclamation Plan shall generally identify the areas to
be reclaimed, the purposes for which the reclamation is proposed, the
relationship of the lands to be reclaimed and the proposed reclamation
to surrounding areas, the specific criteria for ranking and identifying
projects to be funded, and the legal authority and programmatic
capability to perform such work in conformance with the provisions of
this title.
(f) On an annual basis, each State having an approved State
Reclamation Plan may submit to the Secretary an application for the
support of the State program and implementation of specific reclamation
projects. Such annual requests shall include such information as may be
requested by the Secretary including:
(1) a general description of each proposed project;
(2) a priority evaluation of each proposed project;
(3) a statement of the estimated benefits in such terms as:
number of acres restored, miles of stream improved, acres of
surface lands protected from subsidence, population protected from
subsidence, air pollution, hazards of mine and coal refuse
disposal area fires;
(4) an estimate of the cost for each proposed project;
(5) in the case of proposed research and demonstration
projects, a description of the specific techniques to be evaluated
or objective to be attained;
(6) an identification of lands or interest therein to be
acquired and the estimated cost; and
(7) in each year after the first in which a plan is filed under
this title, an inventory of each project funded under the previous
year's grant: which inventory shall include details of financial
expenditures on such project together with a brief description of
each said project, including project locations, landowner's name,
acreage, type of reclamation performed.
(g) The costs for each proposed project under this section shall
include: actual construction costs, actual operation and maintenance
costs of permanent facilities, planning and engineering costs,
construction inspection costs, and other necessary administrative
expenses.
(h) Upon approved of State Reclamation Plan by the Secretary and of
the surface mine regulatory program pursuant to section 503, the
Secretary shall grant, on an annual basis, funds to be expended in such
State pursuant to subsection 402(g) and which are necessary to implement
the State reclamation program as approved by the Secretary.
(i) The Secretary, through his designated agents, will monitor the
progress and quality of the program. The States shall not be required
at the start of any project to submit complete copies of plans and
specifications.
(j) The Secretary shall require annual and other reports as may be
necessary to be submitted by each State administering the approved State
reclamation program with funds provided under this tile. Such reports
shall include that information which the Secretary deems necessary to
fulfill his responsibilities under this title.
(k) Indian tribes having within their jurisdiction eligible lands
pursuant to section 404 of from which coal is produced, shall be
considered as a " State" for the purposes of this title.
Sec. 406. // 30 USC 1236. // (a) In order to provide for the control
and prevention of erosion and sediment damages from unreclaimed mined
lands, and to promote the conservation and development of soil and water
resources of unreclaimed mined lands and lands affected by mining, the
Secretary of Agriculture is authorixed to enter into agreements of not
more than ten years with landowners including owners of water rights),
residents, and tenants, and individually or collectively, determined by
him to have control for the period of the agreement of lands in question
therein, providing for land stabilization, erosion, and sediment
control, and reclamation through conservation treatment, including
measures for the conservation and development of soil, water (excluding
stream channelization), woodland, wildlife, and recreation resources,
and agricultural productivity of such lands. Such agreements shall be
made by the Secretary with the owners, including owners of water rights,
residents, or tenants (collectively or individually) of the lands in
question.
(b) The landowner, including the owner of water rights, resident, or
tenant shall furnish to the Secretary of Agriculture a conservation and
development plan setting forth the proposed land uses and conservation
treatment which shall be mutually agreed by the Secretary of Agriculture
and the landowner, including owner of water rights, resident, or tenant
to be needed on the lands for which the plan was prepared. In those
instances where it is determined that the water rights or water supply
of a tenant, landowner, including owner of water rights, resident, or
tenant have been adversely affected by a surface or underground coal
mine operation which has removed or disturbed a stratum so as to
significantly affect the hydrologic balance, such plan may include
proposed measures to enhance water quality or quantity by means of joint
action with other affected landowners, including owner of water rights,
residents, or tenants in consultation with appropriate State and Federal
agencies.
(c) Such plan shall be incorporated in an agreement under which the
landowner, including owner of water rights, resident, or tenant shall
agree with the Secretary of Agriculture to effect the land uses and
conservation treatment provided for in such plan on the lands described
in the agreement in accordance with the terms and conditions thereof.
(d) In return for such agreement by the landowner, including owner of
water rights, resident, or tenant, the Secretary of Agriculture is
authorized to furnish financial and other assistance to such landowner,
including owner of water rights, resident, or tenant, in such amounts
and subject to such conditions as the Secretary of Agriculture
determines are appropriate in the public interest for carrying out the
land use and conservation treatment set forth in the agreement. Grants
made under this section, depending on the income-producing potential of
the land after reclaiming, shall provide up to 80 per centum of the cost
of carrying out such land uses and conservation treatment on not more
than one hundred and twenty acres of land which has been purchased
jointly by such landowners, including water rights owners, residents, or
tenants, under an agreement for the enhancement of water quality or
quantity or on land which has been acquired by an appropriate State or
local agency for the purpose of implementing such agreement; except the
Secretary may reduce the matching cost share where he determines that
(1) the main benefits to be derived from the project are related to
improving offsite water quality, offsite esthetic values, or other
offsite benefits, and (2) the matching share requirement would place a
burden on the landowner which would probably prevent him from
participating in the program: Provided, however, That the Secretary of
Agriculture may allow for land use and conservation treatment on such
lands occupied by any such owner in excess of such one hundred and
twenty acre limitation up to three hundred and twenty acres, but in such
event the amount of the grant to such landowner to carry out such
reclamation on such lands shall be reduced proportionately.
(e) The Secretary of Agriculture may terminate any agreement with a
landowner including water rights owners, operator, or occupier by mutual
agreement if the Secretary of Agriculture determines that such
termination would be in the public interest, and may agree to such
modification of agreements previously entered into hereunder as he deems
desirable to carry out the purposes of this section or to facilitate the
practical administration of the program authorized herein.
(f) Notwithstanding any other provision of law, the Secretary of
Agriculture, to the extent he deems it desirable to carry out the
purposes of this section, may provide in any agreement hereinunder for
(1) preservation for a period not to exceed the period covered by the
agreement and an equal period thereafter of the cropland, crop acreage,
and allotment history applicable to land covered by the agreement for
the purpose of ant Federal program under which such history is used as a
basis for an allotment or other limitation on the production of such
crop; or (2) surrender of any such history and allotments.
(g) The Secretary of Agriculture shall be authorized to issue such
rules and regulations as he determines are necessary to carry out the
provisions of this section.
(h) In carrying out the provisions of this section, the Secretary of
Agriculture shall utilize the services of the Soil Conservation Service.
(i) Funds shall be made available to the Secretary of Agriculture for
the purposes of this section, as provided in section 401.
Sec. 407. // 30 USC 1237. // (a) If the Secretary or the State
pursuant to an approved State program, makes a finding of fact that--,
(1) land or water resources have been adversely affected by
past coal mining practices; and
(2) the adverse effects are a a stage where, in the public
interest, action to restore, reclaim, abate, control, or prevent
should be taken; and
(3) the owners of the land or water resources where entry must
be made to restore, reclaim, abate, control, or prevent the
adverse effects of past coal mining practices are not known, or
readily available; or
(4) the owners will not give permission for the United States,
the States, political subdivisions, their agents, employees, or
contractors to enter upon such property to restore, reclaim,
abate, control, or prevent the adverse effects of past coal mining
practices.
Then, upon giving notice by mail to the owners if known or if not known
by posting notice upon the premises and advertising once in a newspaper
of general circulation in the municipality in which the land lies, the
Secretary, his agents, employees, or contractors, or the State pursuant
to an approved State program, shall have the right to enter upon the
property adversely affected by past coal mining practices and any other
property to have access to such property to do all things necessary or
expedient to restore, reclaim, abate, control, or prevent the adverse
effects. Such entry shall be construed as an exercise of the police
power for the protection of public health, safety, and general welfare
and shall not be construed as an act of condemnation of property nor of
trespass thereon. The moneys expended for such work and the benefits
accruing to any such premises so entered upon shall be chargeable
against such land and shall mitigate or offset any claim in or any
action brought by any owner of any interest in such premises for any
alleged damages by virtue of such entry: Provided, however, That this
provision is not intended to create new rights of action or eliminate
existing immunities.
(b) The Secretary, his agents, employees, or contractors or the State
pursuant to an approved State program, shall have the right to enter
upon any property for the purpose of conducting studies or exploratory
work to determine the existence of adverse effects of past coal mining
practices and to determine the feasibility of restoration, reclamation,
abatement, control, or prevention of such adverse effects. Such entry
shall be construed as an exercise of the police power for the protection
of public health, safety, and general welfare and shall not be construed
as an act of condemnation of property nor trespass thereon.
(c) The Secretary or the Stae pursuant to an approved State program,
may acquire any land, by purchase, donation, or condemnation, which is
adversely affected by past coal mining practices if the Secretary
determines that acquisition of such land is necessary to successful
reclamation and that--,
(1) the acquired land, after restoration, reclamation,
abatement, control, or prevention of the adverse effects of past
coal mining practices, will serve recreation and historic
purposes, conservation and reclamation purposes or provide open
space benefits; and
(2) permanent facilities such as a treatment plant or a
relocated stream channel will be constructed on the land for the
restoration, reclamation, abatement, control, or prevention of the
adverse effects of past coal mining practices; or
(3) acquisition of coal refuse disposal sites and all coal
refuse thereon will serve the purposes of this title or that
public ownership is desirable to meet emergency situations and
prevent recurrences of the adverse effects of past coal mining
practices.
(d) Title to all lands acquired pursuant to this section shall be in
the name of the United States or, if acquired by a State pursuant to an
approved program, title shall be in the name of the State. The price
paid for land acquired under this section shall reflect the market value
of the land as adversely affected by past coal mining practices.
(e) States are encouraged as part of their approved State programs,
to reclaim abandoned and unreclaimed mined lands within their boundaries
and, if necessary, to acquire or to transfer such lands to the Secretary
or the appropriate State regulatory authority under appropriate Federal
regulations. The Secretary is authorized to make grants on a matching
basis to States in such amounts as he deems appropriate for the purpose
of carrying out the provisions of this title but in no event shall any
grant exceed 90 per centum of the cost of acquisition of the lands for
which the grant is made. When a State has made any such land available
to the Federal Government under this title, such State shall have a
preference right to purchase such lands after reclamation at fair market
value less the State portion of the original acquisition price.
Notwithstanding the provisions of paragraph (1), of this subsection,
reclaimed land may be sold to the State or local government in which it
is located at a price less than fair market value, which in no case
shall be less than the cost to the United States of the purchase and
reclamation of the land, as negotiated by the Secretary, to be used for
a valid public purpose. If any land sold to a State or local government
under this paragraph is not used for a valid public purpose as specofoed
by the Secretary in the terms of the sales agreement then all right,
title, and interest in such land shall revert to the United States.
Money received from such sale shall be deposited in the fund.
(f) The Secretary, in formulating regulations for making grants to
the States to acquire land pursuant to this section, shall specify that
acquired land meet the criteria provided for in subsections (c) and (d)
of this section. The Secretary may provide by regulation that money
derived from the lease, rental, or user charges of such acquired land
and facilities thereon will be deposited in the fund.
(g)(1) Where land acquired pursuant to this section is deemed to be
suitable for industrial, commercial, residential, or recreational
development, the Secretary may sell or authorize the States to sell such
land by public sale under a system of competitive bidding, at not less
than fair market value and under such other regulations promulgated to
insure that such lands are put to proper use consistent with local and
State land use plans, if any, as determined by the Secretary.
(2) The Secretary or the State pursuant to an approved State program,
when requested after appropriate public notice shall hold a public
hearing, with the appropriate notice, in the county or counties or the
appropriate subdivisions of the State in which lands acquired pursuant
to this section are located. The hearings shall be held at a time which
shall afford local citizens and governments the maximum opportunity to
participate in the decision concerning the use of disposition of the
lands after restoration, reclamation, abatement, control, or prevention
of the adverse effects of past coal mining practices.
(h) In addition to the authority to acquire land under subsection (d)
of this section the Secretary is authorized to use money in the fund to
acquire land by purchase, donation, or condemnation, and to reclaim and
transfer acquired land to any State or to a political subdivision
thereof, or to any person, firm, association, or corporation, if he
determines that such is an integral and necessary element of an
economically feasible plan for the project to construct or rehabilitate
housing for persons diabled as the result of employment in the mines or
work incidental thereto, persons displaced by acquisition of land
pursuant to this section, or persons dislocated as the result of adverse
effects of coal mining practices which constitute an emergency as
provided in section 410 or persons dislocated as the result of natural
disasters or catastrophic failures from any cause. Such activities
shall be accomplished under such terms and conditions as the Secretary
shall require, which may include transfers of land with or without
monetary consideration: Provided, That, to the extent that the
consideration is below the fair market value of the land transferred, no
portion of the difference between the fair market value and the
consideration shall accrue as a profit to such persons, firm,
association, or corporation. No part of the funds provided under this
title may be used to pay the actual construction costs of housing. The
Secretary may carry out the purposes of this subsection directly or he
may make grants and commitments for grants, and may advance money under
such terms and conditions as he may require to any State, or any public
body or nonprofit organization designated by a State.
Sec. 408. // 30 USC 1238. // (a) Within six months after the
completion of projects to restore, reclaim, abate, control, or prevent
adverse effects of past coal mining practices on privately owned land,
the Secretary or the State, pursuant to an approved State program, shall
itemize the moneys so expended and may file a statement thereof in the
office of the county in which the land lies which has the responsibility
under local law for the recording of judgments against land, together
with a notarized appraisal by an independent appraiser of the value of
the land before the restoration, reclamation, abatement, control, or
prevention of adverse effects of past coal mining practices if the
moneys so expended shall result in a significant increase in property
value. Such statement shall constitute a lien upon the said land. The
lien shall not exceed the amount determined by the appraisal to be the
increase in the market value of the land as a result of the restoration,
reclamation, abatement, control, or prevention of the adverse effects of
past coal mining practices. No lien shall be filed against the property
of any person, in accordance with this subsection, who owned the surface
prior to May 2, 1977, and who neither consented to nor participated in
nor exercised control over the mining operation which necessitated the
reclamation performed hereunder.
(b) The landowner may proceed as provided by local law to petition
within sixty days of the filing of the lien, to determine the increase
in the market value of the land as a result of the restoration,
reclamation, abatement, control, or prevention of the adverse effects of
past coal mining practices. The amount reported to be the increase in
value of the premises shall constitute the amount of the lien and shall
be recorded with the statement herein provided. Any party aggrieved by
the decision may appeal as provided by local law.
(c) The lien provided in this section shall be entered in the county
office in which the land lies and which has responsibility under local
law for the recording of judgments against land. Such statement shall
constitute a lien upon the said land as of the date of the expenditure
of the moneys and shall have priority as a lien second only to the lien
of real estate taxes imposed upon said land.
Sec. 409. // 30 USC 1239. // (a) The Congress declares that voids,
and open and abandoned tunnels, shafts, and entryways resulting from any
previous mining operation, constitute a hazard to the public health or
safety and that surface impacts of any underground or surface mining
operation may degrade the environment. The Secretary, at the request of
the Governor of any State, or the chairman of any tribe, is authorized
to fill such voids, seal such abandoned tunnels, shafts, and entryways,
and reclaim surface impacts of underground or surface mines which the
Secretary determines could endanger life and property, constitute a
hazard to the public health and safety, or degrade the environment.
State regulatory authorities are authorized to carry out such work
pursuant to an approved abandoned mine reclamation program.
(b) Funds available for use in carrying out the purpose of this
section shall be limited to those funds which must be allocated to the
respective States or Indian reservations under the provisions of
subsection 402(g).
(c) The Secretary may make expenditures and carry out the purposes of
this section without regard to provisions of section 404 in such States
or Indian reservations where requests are made by the Governor or tribal
chairman and only after all reclamation with respect to abandoned coal
lands or coal development impacts have been met, except for those
reclamation projects relating to the protection of the public health or
safety.
(d) In those instances where mine waste piles are being reworked for
conservation purposes, the incremental costs of disposing of the wastes
from such operations by filling voids and sealing tunnels may be
eligible for funding providing that the disposal of these wastes meets
the purposes of this section.
(e) The Secretary may acquire by purchase, donation, easement, or
otherwise such interest in land as he determines necessary to carry out
the provisions of this section.
Sec. 410. // 30 USC 1240. // (a) The Secretary is authorized to
expend moneys from the fund for the emergency restoration, reclamation,
abatement, control, or prevention of adverse effects of coal mining
practices, on eligible lands, if the Secretary makes a finding of fact
that--,
(1) an emergency exists constituting a danger to the public
health, safety, or general welfare; and
(2) no other person or agency will acy expeditiously to
restore, reclaim, abate, control, or prevent the adverse effects
of coal mining practices.
(b) The Secretary, his agents, employees, and contractors shall have
the right to enter upon any land where the emergency exists and any
other land to have access to the land where the emergency exists to
restore, reclaim, abate, control, or prevent the adverse effects of coal
mining practices and do all things necessary or expedient to protect the
public health, safety, or general welfare. Such entry shall be
construed as an exercise of the police power and shall not be construed
as an act of condemnation of property nor of trespass thereof. The
moneys expended for such work and the benefits accruing to any such
premises so entered upon shall be chargeable against such land and shall
mitigate or offset any claim in or any action brought by any owner of
any interest in such premises for any alleged damages by virtue of such
entry: Provided, however, That this provision is not intended to create
new rights of action or eliminate existing immunities.
Sec. 411. // 30 USC 1241. // Not later than January 1, 1978 and
annually thereafter, the Secretary or the State pursuant to an approved
State program, shall report to the Congress on operations under the fund
together with his recommendations as to future uses of the fund.
Sec. 412. // 30 USC 1242. // (a) The Secretary or the State pursuant
to an approved State program, shall have the power and authority, if not
granted it otherwise, to engage in any work and to do all things
necessary or expedient, including promulgation of rules and regulations,
to implement and administer the provisions of this title.
(b) The Secretary or the State pursuant to an approved State program,
shall have the power and authority to engage in cooperative projects
under this title with any other agency of the United States of America,
any State and their governmental agencies.
(c) The Secretary or the State pursuant to an approved State program,
may request the Attorney General, who is hereby authorized to initiate,
in addition to any other remedies provided for in this title, in any
court of competent jurisdiction, an action in equity for an injunction
to restrain any interference with the exercise of the right to enter or
to conduct any work provided in this title.
(d) The Secretary or the State pursuant to an approved State program,
shall have the power and authority to construct and operate a plant or
plants for the control and treatment of water pollution resulting from
mine drainage. The extent of this control and treatment may be
dependent upon the ultimate use of the water: Provided, That the above
provisions of this paragraph shall not be deemed in any way to repeal or
supersede any portion of the Federal Water Pollution Control Act (33
U.S.C.A. 1151, et seq. as amended) // 33 USC 1251 // and no control or
treatment under this subsection shall in any way be less than that
required under the Federal Water Pollution Control Act. The
construction of a plant or plants may include major interceptors and
other facilities appurtenant to the plant.
(e) The Secretary may transfer funds to other appropriate Federal
agencies, in order to carry out the reclamation activities authorized by
this title.
Sec. 413. // 30 USC 1243 // All departments, boards, commissioners,
and agencies of the United States of America shall cooperate with the
Secretary by providing technical expertise, personnel, equipment,
materials, and supplies to implement and administer the provisions of
this title.
Sec. 501. // 30 USC 1251. // (a) Not later than the end of the
ninety-day period immediately following the date of enactment of this
Act, the Secretary shall promulgate and publish in the Federal Register
regulations covering an interim regulatory procedure for surface coal
mining and reclamation operations setting mining and reclamation
performance standards based on and incorporating the provisions set out
in section 502(c) of this Act. The issuance of the interim regulations
shall be deemed not to be a major Federal action within the meaning of
section 102(2) (c) of the National Environmental Policy Act of 1969 (42
U.S.C. 4332). Such regulations, which shall be concise and written in
plain, understandable language shall not be promulgated and published by
the Secretary until he has--,
(A) published proposed regulations in the Federal Register and
afforded interested persons and State and local governments a
period of not less than thirty days after such publication to
submit written comments thereon;
(B) obtained the written concurrence of the Administrator of
the Environmental Protection Agency with respect to those
regulations promulgated under this section which relate to air or
water quality standards promulgated under the authority of the
Federal Water Pollution Control Act, as amended (33 U.S.C. 1151 -
1175),
// 33 USC 1251 //
and the Clean Air Act, as amended (42 U.S.C. 1857 et seq.); and
(C) held at least one public hearing on the proposed
regulations.
The date, time, and place of any hearing held on the proposed
regulations shall be set out in the publication of the proposed
regulations. The Secretary shall consider all comments and relevant data
presented at such hearing before final promulgation and publication of
the regulations.
(b) Not later than one year after the enactment of this Act, the
Secretary shall promulgate and publish in the Federal Register
regulations covering a permanent regulatory procedure for surface coal
mining and reclamation operations performance standards based on and
conforming to the provisions of title V and establishing procedures and
requirements for preparation, submission, and approval of State
programs; and development and implementation of Federal programs under
the title. The Secretary shall promulgate these regulations, which
shall be concise and written in plain, understandable language in
accordance with the procedures in section 501(a).
Sec. 502. // 30 USC 1252. // (a) No person shall open or develop any
new or previously mined or abandoned site for surface coal mining
operations on lands on which such operations are regulated by a State
unless such person has obtained a permit from the State's regulatory
authority.
(b) All surface coal mining operations on lands on which such
operations are regulated by a State which commence operations pursuant
to a permit issued on or after six months from the date of enactment of
this Act shall comply, and such permits shall contain terms requiring
compliance with, the provisions set out in subsection (c) of this
section. Prior to final disapproval of a State program or prior to
promulgation of a Federal program or a Federal lands program pursuant to
this Act, a State may issue such permits.
(c) On and after nine months from the date of enactment of this Act,
all surface coal mining operations on lands on which such operations are
regulated by a State shall comply with the provisions of subsections
515(b) (2), 515(b) (3), 515(b) (5), 515(b) (10), 515(b) (13), 515(b)
(15), 515(b) (19), and 515(d) of this Act or, where a surface coal
mining operation will remove an entire coal seam or seams running
through the upper fraction of a mountain, ridge, or hill by removing all
of the overburden and creating a level plateau or a gently rolling
contour with no highwalls remaining, such operation shall comply with
the requirements of section 515(c) (4) and (5) without regard to the
requirements of section 515(b) (3) or 515(d) (2) and (3), with respect
to lands from which overburden and the coal seam being mined have not
been removed: Provided, however, That surface coal mining operations in
operation pursuant to a permit issued by a State before the date of
enactment of this Act, issued to a person as defined in section 701(19)
in existence prior to May 2, 1977 and operated by a person whose total
annual production of coal from surface and underground coal mining
operations does not exceed one hundred thousand tons shall not be
subject to the provisions of this subsection except with reference to
the provision of subsection 515(d) (1) until January 1, 1979.
(d) Not later than two months following the approval of a State
program pursuant to section 503 or the implementation of a Federal
program pursuant to section 504, regardless of litigation contesting
that approval or implementations, all operators of surface coal mines in
expectation of operating such mines after the expiration of eight months
from the approval of a State program or the implementation of a Federal
program, shall file an application for a permit with the regulatory
authority. Such application shall cover those lands to be mined after
the expiration of eight months from the approval of a State program or
the implementation of a Federal program. The regulatory authority shall
process such applications and grant or deny a permit within eight months
after the date of approval of the State program or the implementation of
the Federal program, unless specially enjoined by a court of competent
jurisdiction, but in no case later than forty-two months from the date
of enactment of this Act.
(e) Within six months after the date of enactment of this Act, the
Secretary shall implement a Federal enforcement program which shall
remain in effect in each State as surface coal mining operations are
required to comply with the provisions of this Act, until the State
program has been approved pursuant to this Act or until a Federal
program has been implemented pursuant to this Act. The enforcement
program shall--,
(1) include inspections of surface coal mine sites which may be
made (but at least one inspection for every site every six
months), without advance notice to the mine operator and for the
purpose of ascertaining compliance with the standards of
subsection (b) and (c) above. The Secretary shall order any
necessary enforcement action to be implemented pursuant to the
Federal enforcement provision of this title to correct violations
identified at the inspections;
(2) provide that upon receipt of inspection reports indicating
that any surface coal mining operation has been found in violation
of subsections (b) and (c) above, during not less than two
consecutive State inspections or upon receipt by the Secretary of
information which would give rise to reasonable belief that such
standards are being violated by any surface coal mining operation,
the Secretary shall order the immediate inspection of such
operation by Federal inspectors and the necessary enforcement
actions, if any, to be implemented pursuant to the Federal
enforcement provisions of this title. When the Federal inspection
results from information provided to the Secretary by any person,
the Secretary shall notify such person when the Federal inspection
is proposed to be carried out and such person shall be allowed to
accompany the inspector during the inspection;
(3) provide that the State regulatory agency file with the
Secretary and with a designated Federal office centrally located
in the county or area in which the inspected surface coal mine is
located copies of inspection reports made;
(4) provide that moneys authorized by section 712 shall be
available to the Secretary prior to the approval of a State
program pursuant to this Act to reimburse the State for conducting
those inspections in which the standards of this Act are enforced
and for the administration of this section.
(5) for purposes of this section, the term " Federal inspector"
means personnel of the Office of Surface Mining Reclamation and
Enforcement and such additional personnel of the United States
Geological Survey, Bureau of Land Management, or of the Mining
Enforcement and Safety Administration so designated by the
Secretary, or such other personnel of the Forest Service, Soil
Conservation Service, or the Agricultural Stabilization and
Conservation Service as arranged by appropriate agreement with the
Secretary on a reimbursable or other basis;
(f) Following the final disapproval of a State program, and prior to
promulgation of a Federal program or a Federal lands program pursuant to
this Act, including judicial review of such a program, existing surface
coal mining operations may continue surface mining operations pursuant
to the provisions of section 502 of this Act. During such period no new
permits shall be issued by the State whose program has been disapproved.
Permits which lapse during such period may continue in full force and
effect until promulgation of a Federal program or a Federal lands
program.
Sec. 503. // 30 USC 1253. // (a) Each State in which there are or
may be conducted surface coal mining operations on non-Federal lands,
and which wishes to assume exclusive jurisdiction over the regulation of
surface coal mining and reclamation operations, except as provided in
sections 521 and 523 and title IV of this Act, shall submit to the
Secretary, by the end of the eighteenth-month period beginning on the
date of enactment of this Act, a State program which demonstrates that
such State has the capability of carrying out the provisions of this Act
and meeting its purposes through--,
depositing
the silt and debris at a site and in a manner approved
by the
regulatory authority;
(11) with respect to surface disposal of mine wastes, tailings,
coal processing wastes, and other wastes in areas other than the
mine working or excavations, stabilize all waste piles in
designated areas through construction in compacted layers
including the use of incombustible and impervious materials if
necessary and assure the final contour of the waste pile will be
compatible with natural surroundings and that the site can and
will be stabilized and revegetated according to the provisions of
this Act;
(12) refrain from surface coal mining within five hundred feet
from active and abandoned underground mines in order to prevent
breakthroughs and to protect health or safety of miners:
Provided, That the regulatory authority shall permit an operator
to mine near, through or partially through an abandoned
underground mine or closer to an active underground mine if (A)
the nature, timing, and sequencing of the approximate coincidence
of specific surface mine activities with specific underground mine
activities are jointly approved by the regulatory authorities
concerned with surface mine regulation and the health and safety
of underground miners, and (B) such operations will result in
improved resource recovery, abatement of water pollution, or
elimination of hazards to the health and safety of the public;
(13) design, locate, construct, operate, maintain, enlarge,
modify, and remove or abandon, in accordance with the standards
and criteria developed pursuant to subsection (f) of this section,
all existing and new coal mine waste piles consisting of mine
wastes, tailings, coal processing wastes, or other liquid and
solid wastes, and used either temporarily or permanently as dams
or embankments;
(14) insure that all debris, acid-forming materials, toxic
materials, or materials constituting a fire hazard are treated or
buried and compacted or otherwise disposed of in a manner designed
to prevent contamination of ground or surface waters and that
contingency plans are developed to prevent sustained combustion;
(15) insure that explosives are used only in accordance with
existing State and Federal law and the regulations promulgated by
the regulatory authority, which shall include provisions to--,
survey
shall be decided by the regulatory authority and shall
include
such provisions as the Secretary shall promulgate.
(16) insure that all reclamation efforts proceed in an
environmentally sound manner and as contemporaneously as
practicable with the surface coal mining operations: Provided,
however. That where the applicant proposes to combine surface
mining operations with underground mining operations to assure
maximum practical recovery of the mineral resources the regulatory
authority may grant a variance for specific areas within the
reclamation plan from the requirement that reclamation efforts
proceed as contemporaneously as practicable to permit underground
mining operations prior to reclamation:
(17) insure that the construction, maintenance, and postmining
conditions of access roads into and across the site of operations
will control or prevent erosion and siltation, pollution of water,
damage to fish or wildlife or their habitat, or public or private
property;
(18) refrain from the construction of roads or other access
ways up a stream bed or drainage channel or in such proximity to
such channel so as to seriously alter the normal flow of water;
(19) establish on the regraded areas, and all other lands
affected, a diverse, effective, and permanent vegetative cover of
the same seasonal variety native to the area of land to be
affected and capable of self-regeneration and plant succession at
least equal in extent of cover to the natural vegetation of the
area; except, that introduced species may be used in the
revegetation process where desirable and necessary to achieve the
approved postmining land use plan;
(20) assume the responsibility for successful revegetation, as
required by paragraph (19) above, for a period of five full years
after the last year of augmented seeding, fertilizing, irrigation,
or other work in order to assure compliance with paragraph (19)
above, except in those areas or regions of the country where the
annual average precipitation is twenty-six inches or less, then
the operator's assumption of responsibility and liability will
extend for a period of ten full years after the last year of
augmented seeding, fertilizing, irrigation, or other work:
Provided, That when the regulatory authority approves a long-term
intensive agricultural postmining land use, the applicable five-or
ten-year period of responsibility for revegetation shall commence
at the date of initial planting for such long-term intensive
agricultural postmining land use: Provided further, That when the
regulatory authority issues a written finding approving a
long-term, intensive, agricultural postmining land use as part of
the mining and reclamation plan, the authority may grant exception
to the provisions of paragraph (19) above;
(21) protect offsite areas from slides or damage occurring
during the surface coal mining and reclamation operations, and not
deposit spoil material or locate any part of the operations or
waste accumulations outside the permit area;
(22) place all excess spoil material resulting from coal
surface mining and reclamation activities in such a manner that--,
(23) meet such other criteria as are necessary to achieve
reclamation in accordance with the purposes of this Act, taking
into consideration the physical, climatological, and other
characteristics of the site; and
(24) to the extent possible using the best technology currently
available, minimize disturbances and adverse impacts of the
operation on fish, wildlife, and related environmental values, and
achieve enhancement of such resources where practicable;
(25) provide for an undisturbed natural barrier beginning at
the elevation of the lowest coal seam to be mined and extending
from the outslope for such distance as the regulatory authority
shall determine shall be retained in place as a barrier to slides
and erosion.
(c)(1) Each State program may and each Federal program shall include
procedures pursuant to which the regulatory authority may permit surface
mining operations for the purposes set forth in paragraph (3) of this
subsection.
(2) Where an applicant meets the requirements of paragraphs (3) and
(4) of this subsection a permit without regard to the requirement to
restore to approximate original contour set forth in subsection 515(b)(
3) or 515(d) (2) and (3) of this section may be granted for the surface
mining of coal where the mining operation will remove an entire coal
seam or seams running through the upper fraction of a mountain, ridge,
or hill (except as provided in subsection (c)(4) (A) hereof) by removing
all of the overburden and creating a level plateau or a gently rolling
contour with no highwalls remaining, and capable of supporting
postmining uses in accord with the requirements of this subsection.
(3) In cases where an industrial, commercial, agricultural,
residential or public facility (including rfecreational facilities) use
is proposed or the postmining use of the affected land, the regulatory
authority may grant a permit for a surface mining operation of the
nature described in subsection (c)(2) where--,
(A) after consultation with the appropriate land use planning
agencies, if any, the proposed postmining land use is deemed to
constitute an equal or better economic or public use of the
affected land, as compared with premining use;
(B) the applicant presents specific plans for the proposed
postmining land use and appropriate assurances that such use will
be--,
(C) the proposed use would be consistent with adjacent land
uses, and existing State and local land use plans and programs;
(D) the regulatory authority provides the governing body of the
unit of general-purpose government in which the land is located
and any State or Federal agency which the regulatory agency, in
its discretion, determines to have an interest in the proposed
use, an opportunity of not more than sixty days to review and
comment on the proposed use;
(E) all other requirements of this Act will be met.
(4) In granting any permit pursuant to this subsection the regualtory
authority shall require that--,
(A) the toe of the lowest coal seam and the overburden
associated with it are retained in place as a barrier to slides
and erosion;
(B) the reclaimed area is stable;
(C) the resulting plateau or rolling contour drains inward from
the outslopes except at specified points;
(D) no damage will be done to natural watercourses;
(E) spoil will be placed on the mountaintop bench as is
necessary to achieve the planned postmining land use: Provided,
That all excess spoil material not retained on the mountaintop
shall be placed in accordance with the provisions of subsection
(b)(22) of this section;
(F) insure stability of the spoil retained on the mountaintop
and meet the other requirements of this Act;
(5) The regulatory authority shall promulgate specific regulations to
govern the granting of permits in accord with the provisions of this
subsection, and may impose such additional requirements as he deems to
be necessary.
(6) All permits granted under the provisions of this subsection shall
be reviewed not more than three years from the date of issuance of the
permit, unless the applicant affirmatively demonstrates that the
proposed development is proceeding in accordance with the terms of the
approved schedule and reclamation plan.
(d) The following performance standards shall be applicable to
steep-slope surface coal mining and shall be in addition to those
general performance standards required by this section: Provided,
however, That the provisions of this subsection (d) shall not apply to
those situations in which an operator is mining on flat or gently
rolling terrain, on which an occasional steep slope is encountered
through which the mining operation is to proceed, leaving a plain or
predominantly flat area or where an operator is in compliance with
provisions of subsection (c) hereof:
(1) Insure that when performing surface coal mining on steep slopes,
no debris, abandoned or disabled equipment, spoil material, or waste
mineral matter be placed on the downslope below the bench or mining cut:
Provided, That spoil material in excess of that required for the
reconstruction of the approximate original contour under the provisions
of paragraph 515(b)(3) or 515 (d) (2) shall be permanently stored
pursuant to section 515(b)(22).
(2) Complete backfilling with spoil material shall be required to
cover completely the highwall and return the site to the appropriate
original contour, which material will maintain stability following
mining and reclamation.
(3) The operator may not disturb land above the top of the highwall
unless the regulatory authority finds that such disturbance will
facilitate compliance with the environmental protection standards of
this section: Provided, however, That the land disturbed above the
highwall shall be limited to that amount necessary to facilitate said
compliance.
(4) For the purposes of this subsection (d), the term "steep slope"
is any slope above twenty degrees or such lesser slope as may be defined
by the regulatory authority after consideration of soil, climate, and
other characteristics of a region or State.
(e)(1) Each State program may and each Federal program shall include
procedures pursuant to which the regulatory authority may permit
variances for the purposes set forth in paragraph (3) of this
(1) a State law which provides for the regulation of surface
coal mining and reclamation operations in accordance with the
requirements of this Act;
(2) a State law which provides sanctions for violations of
State laws, regulations, or conditions of permits concerning
surface coal mining and reclamation operations, which sanctions
shall meet the minimum requirements of this Act, including civil
and criminal actions, forfeiture of bonds, suspensions,
revocations, and withholding of permits, and the issuance of
cease-and-desist orders by the State regulatory authority or its
inspectors;
(3) a State regulatory authority with sufficient administrative
and technical personnel, and sufficient funding to enable the
State to regulate surface coal mining and reclamation operations
in accordance with the requirements of this Act;
(4) a State law which provides for the effective
implementations, maintenance, and enforcement of a permit system
meeting the requirements of this title for the regulations of
surface coal mining and reclamation operations for coal on lands
within the State;
(5) establishment of a process for the designation of areas as
unsuitable for surface coal mining in accordance with section 522
provided that the designation of Federal lands unsuitable for
mining shall be performed exclusively by the Secretary after
consultation with the State; and
(6) establishment for the purposes of avoiding duplication, of
a process for coordinating the review and issuance of permits for
surface coal mining and reclamation operations with any other
Federal or State permit process applicalbe to the proposed
operations; and
(7) rules and regulations consistent with regulations issued by
the Secretary pursuant to this Act.
(b) The Secretary shall not approve any State program submitted under
this section until he has--,
(1) solicited and publicly disclosed the views of the
Administrator of the Environmental Protection Agency, the
Secretary of Agriculture, and the heads of other Federal agencies
concerned with or having special expertise pertinent to the
proposed State program;
(2) obtained the written concurrence of the Administrator of
the Environmental Protection Agency with respect to those aspects
of a State program which relate to air or water quality standards
promulgated under the authority of the Federal Water Pollution
Control Act, as amended (33 U.S.C. 1151 - 1175),
// 33 USC 1251. //
and the Clean Air Act, as amended (42 U.S.C. 1857 et seq.);
(3) held at least one public hearing on the State program
within the State; and
(4) found that the State has the legal authority and qualified
personnel necessary for the enforcement of the environmental
protection standards.
The Secretary shall approve or disapprove a State program, in whole or
in part, within six full calendar months after the date such State
program was submitted to him.
(c) If the Secretary disapproves any proposed State program in whole
or in part, he shall notify the State in writing of his decision and set
forth in detail the reasons therefor. The State shall have sixty days
in which to resubmit a revised State program or portion thereof. The
Secretary shall approve or disapprove the resubmitted State program or
portion thereof within sixty days from the date of resubmission.
(d) For the purposes of this section and section 504, the inability
of a State to take any action the purpose of which is to prepare, submit
or enforce a State program, or any portion thereof, because the action
is enjoined by the issuance of an injunction by any court of competent
jurisdiction shall not result in a loss of eligibility for financial
assistance under titles IV and VII of this Act or in the imposition of a
Federal program. Regulation of the surface coal mining and reclamation
operations covered or to be covered by the State program subject to the
injunction shall be conducted by the State pursuant to section 502 of
this Act, until such time as the injunction terminates or for one year,
whichever is shorter, at which time the requirements of sections 503 and
504 shall again be fully applicable.
Sec. 504. // 30 USC 1254. // (a) The Secretary shall prepare and,
subject to the provisions of this section, promulgate and implement a
Federal program for a State no later than thirty-four months after the
date of enactment of this Act if such State--,
(1) fails to submit a State program covering surface coal
mining and reclamation operations by the end of the eighteen-month
period beginning on the date of enactment of this Act;
(2) fails to resubmit an acceptable State program within sixty
days of disapproval of a proposed State program: Provided, That
the Secretary shall not implement a Federal program prior to the
expiration of the initial period allowed for submission of a State
program as provided for in clause (1) of this subsection; or
(3) fails to implement, enforce, or maintain its approved State
program as provided for in this Act.
If State compliance with clause (1) of this subsection requires an act
of the State legislature, the Secretary may extend the period of
submission of a State program up to an additional six months.
Promulgation and implementation of a Federal program vests the Secretary
with exclusive jurisdiction for the regulation and control of surface
coal mining and reclamation operations taking place on lands within any
State not in compliance with this Act. After promulgation and
implementation of a Federal program the Secretary shall be the
regulatory authority. If a Federal program is implemented for a State,
section 522 (a), (c), and (d) shall not apply for a period of one year
following the date of such implementation. In promulgating and
implementing a Federal program for a particular State the Secretary
shall take into consideration the nature of that State's terrain,
climate, biological, chemical, and other relevant physical conditions.
(b) In the event that a State has a State program for surface coal
mining, and is not enforcing any part of such program, the Secretary may
provide for the Federal enforcement, under the provisions of section
521, of that part of the State program not being enforced by such State.
(c) Prior to promulgation and implementation of any proposed Federal
program, the Secretary shall give adequate public notice and hold a
public hearing in the affected State.
(d) Permits issued pursuant to a previously approved State program
shall be valid but reviewable under a Federal program. Immediately
following promulgation of a Federal program, the Secretary shall
undertake to review such permits to determine that the requirements of
this Act are not violated. If the Secretary determines any permit to
have been granted contrary to the requirements of this Act, he shall so
advise the permittee and provide him an opportunity for hearing and a
reasonable opportunity for submission of a new application and
reasonable time, within a time limit prescribed in regulations
promulgated pursuant to section 501(b), to conform ongoing surface
mining and reclamation operations to the requirements of the Federal
program.
(e) A State which has failed to obtain the approval of a State
program prior to implementation of a Federal program may submit a State
program at any time after such implementation. Upon the submission of
such a program, the Secretary shall follow the procedures set forth in
section 503(b) and shall approve or disapprove the State program within
six months after its submittal. Approval of a State program shall be
based on the determination that the State has the capability of carrying
out the provisions of this Act and meeting its purposes through the
criteria set forth in section 503(a) (1) through (6). Until a State
program is approved as provided under this section, the Federal program
shall remain in effect and all actions taken by the Secretary pursuant
to such Federal program, including the terms and conditions of any
permit issued thereunder shall remain in effect.
(f) Permits issued pursuant to the Federal program shall be valid
under any superseding State program: Provided, That the Federal
permittee shall have the right to apply for a State permit to supersede
his Federal permit. The State regulatory authority may review such
permits to determine that the requirements of this Act and the approved
State program are not violated. Should the State program contain
additional requirements not contained in the Federal program, the
permittee will be provided opportunity for hearing and a reasonable
time, within a time limit prescribed in regulations promulgated pursuant
to section 501, to conform ongoing surface mining and reclamation
operations to the additional State requirements.
(g) Whenever a Federal program is promulgated for a State pursuant to
this Act, any statutes or regulations of such State which are in effect
to regulate surface mining and reclamation operations subject to this
Act shall, insofar as they interfere with the achievement of the
purposes and the requirements of this Act and the Federal program, be
preempted and superseded by the Federal program. The Secretary shall
set forth any State law or regulation which is preempted and superseded
by the Federal program.
(h) Any Federal program shall include a process for coordinating the
review and issuance of permits for surface mining and reclamation
operations with any other Federal or State permit process applicable to
the proposed operation.
Sec. 505. // 30 USC 1255. // (a) No State law or regulation in
effect on the date of enactment of this Act, or which may become
effective thereafter, shall be superseded by any provision of this Act
or any regulation issued pursuant thereto, except insofar as such State
law or regulation is inconsistent with the provisions of this Act.
(b) Any provision of any State law or regulation in effect upon the
date of enactment of this Act, or which may become effective thereafter,
which provides for more stringent land use and environmental controls
and regulations of surface coal mining and reclamation operation than do
the provisions of this Act or any regulation issued pursuant thereto
shall not be construed to be inconsistent with this Act. The Secretary
shall set forth any State law or regulation which is construed to be
inconsistent with this Act. Any provision of any State law or
regulation in effect on the date of enactment of this Act, or which may
become effective thereafter, which provides for the control and
regulation of surface mining and reclamation operations for which no
provision is contained in this Act shall not be construed to be
inconsistent with this Act.
Sec. 506. // 30 USC 1256. // (a) No later than eight months from the
date on which a State program is approved by the Secretary, pursuant to
section 503 of this Act, or no later than eight months from the date on
which the Secretary has promulgated a Federal program for a State not
having a State program pursuant to section 504 of this Act, no person
shall engage in or carry out on lands within a State any surface coal
mining operations unless such person has first obtained a permit issued
by such State pursuant to an approved State program or by the Secretary
pursuant to a Federal program; except a person conducting surface coal
mining operations under a permit from the State regulatory authority,
issued in accordance with the provisions of section 502 of this Act, may
conduct such operations beyond such period if an application for a
permit has been filed in accordance with the provisions of this Act, but
the initial administrative decision has not been rendered.
(b) All permits issued pursuant to the requirements of this Act shall
be issued for a term not to exceed five years: Provided, That if the
applicant demonstrates that a specified longer term is reasonably needed
to allow the applicant to obtain necessary financing for equipment and
the opening of the operation and if the application is full and complete
for such specified longer term, the regulatory authority may grant a
permit for such longer term. A successor in interest to a permittee who
applies for a new permit within thirty days of succeeding to such
interest and who is able to obtain the bond coverage of the original
permittee may continue surface coal mining and reclamation operations
according to the approved mining and reclamation plan of the original
permittee until such successor's application is granted or denied.
(c) A permit shall terminate if the permittee has not commenced the
surface coal mining operations covered by such permit within three years
of the issuance of the permit: Provided, That the regulatory authority
may grant reasonable extensions of time upon a showing that such
extensions are necessary by reason of litigation precluding such
commencement or threatening substantial economic loss to the permittee,
or by reason of conditions beyond the control and without the fault or
negligence of the permittee: Provided further, That in the case of a
coal lease issued under the Federal Mineral Leasing Act, as amended, //
30 USC 181 // extensions of time may not extend beyond the period
allowed for diligent development in accordance with section 7 of that
Act: // 30 USC 207. // Provided further, That with respect to coal to
be mined for use in a synthetic fuel facility or specific major electric
generating facility, the permittee shall be deemed to have commenced
surface mining operations at such time as the construction of the
synthetic fuel or generating facility is initiated.
(d) (1) Any valid permit issued pursuant to this Act shall carry with
it the right of successive renewal upon expiration with respect to areas
within the boundaries of the existing permit. The holders of the permit
may apply for renewal and such renewal shall be issued (provided that on
application for renewal the burden shall be on the opponents of
renewal), subsequent to fulfillment of the public notice requirements of
sections 513 and 514 unless it is established that and written findings
by the regulatory authority are made that--,
(A) the terms and conditions of the existing permit are not
being satisfactorily met;
(B) the present surface coal mining and reclamation operation
is not in compliance with the environmental protection standards
of this Act and the approved State plan or Federal program
pursuant to this Act; or
(c) the renreal requested substantially jeopardizes the
operator's continuing responsibility on existing permit areas;
(D) the operator has not provided evidence that the performance
bond in effect for said operation will continue in full force and
effect for any renewal requested in such application as well as
any additional bond the regulatory authority might require
pursuant to section 509; or
(E) any additional revised or updated information required by
the regulatory authority has not been provided. Prior to the
approval of any renewal of permit the regulatory authority shall
provide notice to the appropriate public authorities.
(2) If an application for renewal of a valid permit includes a
proposal to extend the mining operation beyond the boundaries authorized
in the existing permit, the portion of the application for renewal os a
valid permit which addresses any new land areas shall be subject to the
full standards applicable to new appllicable to new applications under
this Act: Provided, however, That is the surface coal mining operations
authorized by a permit issued pursuant to this Act were not subject to
the standards contained in section 510(b)(5) (A) and (B) by reason of
complying with the proviso of section 510(b)( 5), then the portion of
the application for renewal of the permit which addresses any new land
areas previously identified in the reclamation plan submitted pursuant
to aixrion 508 shall not be subject to the standards contained in
section 510(b)(5) (A) and (B).
(3) Any permit renewal shall be for a term not to exceed the period
of the original permit established by this Act. Application for permit
renewal shall be made at least one hundred and twenty days prior to the
expiration of the valid permit.
Sec. 507. // 30 USC 1257. // (a) Each application for a surface coal
mining and reclamation permit pursuant to an approved State program or a
Federal program under the provisions of this Act shall be accompanied by
a fee as determined by the regulatory authority. Such fee may be less
than but shall not exceed the actual or anticipated cost of reviewing,
administering, and enforcing such permit issued pursuant to a State or
Federal program. The regulatory authority may develop procedured so as
to enable the cost of the fee to be paid over the term of the permit.
(b) The permit application shall be submitted in a manner
satisfactory to the regulatory authority and shall contain, among other
things--,
(1) the names and addresses of (A) the permit applicant; (B)
every legal owner of record of the property (surface and mineral),
to be mined; (C) the holders of record of any leasehold interest
in the property; (D) any purchaser of record of the property
under a real estate contract; and (E) the operator if he is a
person different from the applicant; and (F) if any of these are
business entities other than a single proprietor, the names and
addresses of the principals, officers, and resident agent;
(2) the names and addresses of the owners of record of all
surface and subsurface areas adjacent to any part of the permit
area;
(3) a statement of any current or previous surface coal mining
permits in the United States held by the applicant and the permit
identification and each pending application;
(4) if the applicant is a partnership, corporation,
association, or other business entity, the following where
applicable: the names and addresses of every officer, partner,
director, or person performing a function similar to a director,
of the applicant, together with the name and address of any person
owning, of record 10 per centum or more of any class of voting
stock of the applicant and a list of all names under which the
applicant, partner, or principal shareholder previously operated a
surface mining operation within the United States within the
five-year period preceding the date of submission of the
application;
(5) a statement of whether the applicant, any subsidiary,
affiliate, or persons controlled by or under common control with
the applicant, has ever held a Federal or State mining permit
which in the five-year period prior to the date of submission of
the application has been suspended or revoked or has had a mining
bond or similar security deposited in lieu of bond forefeited and,
if so, a brief explanation of the facts involved;
(6) a copy of the applicant's advertisement to be published in
a newspaper of general circulation in the locality of the proposed
site at least once a week for four successive weeks, and which
includes the ownership, a description of the exact location and
boundaries of the proposed site sufficient so that the proposed
operation is readily locatable by local residents, and the
location of where the application is available for public
inspection;
(7) a description of the type and method of coal mining
operation that exists or is proposed, the engineering techniques
proposed or used, and the equipment used or proposed to be used;
(8) the anticipated or actual starting and termination dates of
each phase of the mining operation and number of acres of land to
be affected;
(9) the applicant shall file with the regulatory authority on
an accurate map or plan, to an appropriate scale, clearly showing
the land to be affected as of the date of the application, the
area of land within the permit area upon which the applicant has
the legal right to enter and commence surface mining operations
and shall provide to the regulatory authority a statement of those
documents upon which the applicant bases his legal right to enter
and commence surface mining operations on the area affected, and
whether that right is the subject of pending court litigation:
Provided, That nothing in this Act shall be construed as vesting
in the regulatory authority the jurisdiction to adjudicate
property title disputes.
(10) the name of the watershed and location of the surface
stream or tributary into which surface and pit drainage will be
discharged;
(11) a determination of the probable hydrologic consequences of
the mining and reclamation operations, both on and off the mine
site, with respect to the hydrologic regime, quantity and quality
of water in surface and ground water systems including the
dissolved and suspended solids under seasonal flow conditions and
the collection of sufficient data for the mine site and
surrounding areas so that an assessment can be made by the
regulatory authority of the probable cumulative impacts of all
anticipated mining in the area upon the hydrology of the area and
particularly upon water availability: Provided, however, That
this determination shall not be required until such time as
hydrologic information on the general area prior to mining is made
available from an appropriate Federal or State agency: Provided
further, That the permit shall not be approved until such
information is available and is incorporated into the application;
(12) when requested by the regulatory authority, the
climatological factors that are peculiar to the locality of the
land to be affected, including the average seasonal precipitation,
the average direction and velocity of prevailing winds, and the
seasonal temperature ranges;
(13) accurate maps to an appropriate scale clearly showing (A)
the land to be affected as of the date of application and (B) all
types of information set forth on topographical maps of the United
States Geological Survey of a scale of 1:24,000 or 1: 25,000 or
larger, including all manmade features and significant known
archeological sites existing on the date of application. Such a
map or plan shall among other things specified by the regulatory
authority show all boundaries of the land to be affected, the
boundary lines and names of present owners of record of all
surface areas abutting the permit area, and the location of all
buildings within one thousand feet of the permit area;
(14) cross-section maps or plans of the land to be affected
including the actual area to be mined, prepared by or under the
direction of and certified by a qualified registered professional
engineer, or professional geologist with assistance from experts
in related fields such as land surveying and landscape
architecture, showing pertinent elevation and location of test
borings or core samplings and depicting the following information:
the nature and depth of the various strata of overburden; the
location of subsurface water, if encountered, and its quality;
the nature and thickness of any coal or rider seam above the coal
seam to be mined; the nature of the stratum immediately beneath
the coal seam to be mined; all mineral crop lines and the strike
and dip of the coal to be mined, within the area of land to be
affected; existing or previous surface mining limits; the
location and extent of known workings of any underground mines,
including mine openings to the surface; the location of aquifers;
the estimated elevation of the water table; the location of
spoil, waste, or refuse areas and top-soil preservation areas;
the location of all impoundments for waste or erosion control;
any settling or water treatment facility; constructed or natural
drainways and the location of any discharges to any surface body
of water on the area of land to be affected or adjacent thereto;
and profiles at appropriate cross sections of the anticipated
final surface configuration that will be achieved pursuant to the
operator's proposed reclamation plan;
(15) a statement of the result of test borings or core
samplings from the permit area, including logs of the drill holes;
the thickness of the coal seam found, an analysis of the chemical
properties of such coal; the sulfur content of any coal seam;
chemical analysis of potentially acid or toxic forming sections of
the overburden; and chemical analysis of the stratum lying
immediately underneath the coal to be mined except that the
provisions of this paragraph (15) may be waived by the regulatory
authority with respect to the specific application by a written
determination that such requirements are unnecessary;
(16) for those lands in the permit application which a
reconnaissance inspection suggests may be prime farm lands, a soil
survey shall be made or obtained according to standards
established by the Secretary of Agriculture in order to confirm
the exact location of such prime farm lands, if any; and
(17) information pertaining to coal seams, test borings, core
samplings, or soil samples as required by this section shall be
made available to any person with an interest which is or may be
adversely affected: Provided, That information which pertains
only to the analysis of the chemical and physical properties of
the coal (excepting information regarding such mineral or
elemental content which is potentially toxic in the environment)
shall be kept confidential and not made a matter of public record.
(c) If the regulatory authority finds that the probable total annual
production at all locations of any coal surface mining operator will not
exceed 100,000 tons, the determination of probable hydrologic
consequences required by subsection (b) (11) and the statement of the
result ot test borings or core samplings required by subsection (b) (15)
if this section shall, upon the written request of the operator be
performed by a qualified public or private laboratory designated by the
regulatory authority and the cost ot the preparation of such
determination and statement shall be assumed by the regulatory
authority.
(d) Each applicant for a permit shall be required to submit to the
regualtory authority as part of the permit application a reclamation
plan which shall meet the requiremwnts of this Act.
(e) Each applicant for a surface coal mining and reclamation permit
shall file a copy of his application for public inspection with the
recorder at the courthouse of the couty or an appropriate public office
approved by the regulatory authority where the mining is proposed to
occur, except for that imformation pertaining to the coal seam itself.
(f) Each applicant for a permit shall be refquired to submit to the
regulatory authority as part ot the permit application a certificate
issued by an insurance company authorized to do business in the United
State certifying that the applicant has a public liability insurance
policy in force for the surface moning and reclamation operations for
which such permit is sought, or evidence that the applicant has
satisfied other State or Federal self-insurance requirements. Such
policy shall provide for personal injury and property damage protection
in an amount adequate to compensate any persons damaged as a result of
surface coal mining and reclamation operations including use of
explosives and entitled to compensation under the applicable provisions
of State law. Such policy shall be maintained in full force and effect
during the terms of the permit or any renewal, including the length of
all reclamation operations.
(g) Each applicant for a surface coal mining and reclamation permit
shall submit to the regulatory authority as part of the permit
application a blasting plan which shall outline the procedures and
standards by which the operator will meet the provisions of section
515(b) (15).
Sec. 508. // 30 USC 1258. // (a) Each reclamation plan submitted as
part of a permit application pursuant to any approved State program or a
Federal program under the provisions of this Act shall include, in the
degree of detail necessary to demonstrate that reclamation required by
the State or Federal program can be accomplished, a statement of:
(1) the identification of the lands subject to surface coal
mining operations over the estimated life of those operations and
the size, sequence, and timing of the subareas for which it is
anticipated that individual permits for mining will be sought;
(2) the condition of the land to be covered by the permit prior
to any mining including:
(3) the use which is proposed to be made of the land following
reclamation, including a discussion of the utility and capacity of
the reclaimed land to support a variety of alternative uses and
the relationship of such use to existing land use policies and
plans, and the comments of any owner of the surface, State and
local governments or agencies thereof which would have to
initiate, implement, approve or authorize the proposed use of the
land following reclamation;
(4) a detailed description of how the proposed postmining land
use is to be achieved and the necessary support activities which
may be needed to achieve the proposed land use;
(5) the engineering techniques proposed to be used in mining
and reclamation and a description of the major equipment; a plan
for the control of surface water drainage and of water
accumulation; a plan, where appropriate, for backfilling, soil
stabilization, and compacting, grading, and appropriate
revegetation; a plan for soil reconstruction, replacement, and
stabilization, pursuant to the performance standards in section
515 (b) (7) (A), (B), (C), and (D), for those food, forage, and
forest lands identified in sections 515(b) (7); an estimate of
the cost per acre of the reclamation, including a statement as to
how the permittee plans to comply with each of the requirements
set out in section 515;
(6) the consideration which has been given to maximize the
utilization and conservation of the solid fuel resource being
recovered so that reaffecting the land in the future can be
minimized;
(7) a detailed estimated timetable for the accomplishment of
each major step in the reclamation plan;
(8) the consideration which has been given to making the
surface mining and reclamation operations consistent with surface
owner plans, and applicable State and local land use plans and
programs;
(9) the steps to be taken to comply with applicable air and
water quality laws and regulations and any applicable health and
safety standards;
(10) the consideration which has been given to developing the
reclamation plan in a manner consistent with local physical
environmental, and climatological conditions;
(11) all lands, interests in lands, or options on such
interests held by the applicant or pending bids on interests in
lands by the applicant, which lands are contiguous to the area to
be covered by the permit;
(12) the results of test boring which the applicant has made at
the area to be covered by the permit, or other equivalent
information and data in a form satisfactory to the regulatory
authority, including the location of subsurface water, and an
analysis of the chemical properties including acid forming
properties of the mineral and overburden: Provided, That
information which pertains only to the analysis of the chemical
and physical properties of the coal (excepting information
regarding such mineral or elemental contents which is potentially
toxic in the environment) shall be kept confidential and not made
a matter of public record;
(13) a detailed description of the measures to be taken during
the mining and reclamation process to assure the protection of:
(14) such other requirements as the regulatory authority shall
prescribe by regulations.
(b) Any information required by this section which is not on public
file pursuant to State law shall be held in confidence by the regulatory
authority.
Sec. 509. // 30 USC 1259. // (a) After a surface coal mining and
reclamation permit application has been approved but before such a
permit is issued, the applicant shall file with the regulatory
authority, on a form prescribed and furnished by the regulatory
authority, a bond for performance payable, as appropriate, to the United
States or to the State, and conditional upon faithful performance of all
the requirements of this Act and the permit. The bond shall cover that
area of land within the permit area upon which the operator will
initiate and conduct surface coal mining and reclamation operations
within the initial term of the permit. As succeeding increments of
surface coal mining and reclamation operations are to be initiated and
conducted within the permit area, the permittee shall file with the
regulatory authority an additional bond or bonds to cover such
increments in accordance with this section. The amount of the bond
required for each bonded area shall depend upon the reclamation
requirements of the approved permit; shall reflect the probable
difficulty of reclamation giving consideration to such factors as
topography, geology of the site, hydrology, and revegetation potential,
and shall be determined by the regulatory authority. The amount of the
bond shall be sufficient to assure the completion of the reclamation
plan if the work had to be performed by the regulatory authority in the
event of forfeiture and in no case shall the bond for the entire area
under one permit be less than $10,000.
(b) Liability under the Lond shall be for the duration of the surface
coal mining and reclamation operation and for a period coincident with
operator's responsibility for revegetation requirements in section 515.
The bond shall be executed by the operator and a corporate surety
licensed to do business in the State where such operation is located,
except that the operator may elect to deposit cash, negotiable bonds of
the United States Government or such State, or negotiable certificates
of deposit of any band organized or transacting business in the United
States. The cash deposit or market value of such securities shall be
equal to or greater than the amount of the bond required for the bonded
area.
(c) The regulatory authority may accept the bond of the applicant
itself without separate surety when the applicant demonstrates to the
satisfaction of the regulatory authority the existence of a suitable
agent to receive service of process and a history of financial solvency
and continuous operation sufficient for authorization to self-insure or
bond such amount or in lieu of the establishment of a bonding program,
as set forth in this section, the Secretary may approve as part of a
State or Federal program an alternative system that will achieve the
objectives and purposes of the bonding program pursuant to this section.
(d) Cash or securities so deposited shall be deposited upon the same
terms as the terms upon which surety bonds may be deposited. Such
securities shall be security for the repayment of such negotiable
certificate of deposit.
(e) The amount of the bond or deposit required and the terms of each
acceptance of the applicant's bond shall be adjusted by the regulatory
authority from time to time as affected land acreages are increased or
decreased or where the cost of future reclamation changes.
Sec. 510. // 30 USC 1260. // (a) Upon the basis of a complete mining
application and reclamation plan or a revision or renewal thereof, as
required by this Act and pursuant to an approved State program or
Federal program under the provisions of this Act, including public
notification and an opportunity for a public hearing as required by
section 513, the regulatory authority shall grant, require modification
of, or deny the application for a permit in a reasonable time set by the
regulatory authority and notify the applicant in writing. The applicant
for a permit, or revision of a permit, shall have the burden of
establishing that his application is in compliance with all the
requirements of the applicable State or Federal program. Within ten
days after the granting of a permit, the regulatory authority shall
notify the local governmental officials in the local political
subdivision in which the area of land to be affected is located that a
permit has been issued and shall describe the location of the land.
(b) No permit or revision application shall be approved unless the
application affirmatively demonstrates and the regulatory authority
finds in writing on the basis of the information set forth in the
application or from information otherwise available which will be
documented in the approval, and made available to the applicant, that--,
(1) the permit application is accurate and complete and that
all the requirements of this Act and the State or Federal program
have been complied with;
(2) the applicant has demonstrated that reclamation as required
by this Act and the State or Federal program can be accomplished
under the reclamation plan contained in the permit application;
(3) the assessment of the probable cumulative impact of all
anticipated mining in the area on the hydrologic balance specified
in section 507(b) has been made by the regulatory authority and
the proposed operation thereof has been designed to prevent
material damage to hydrologic balance outside permit area;
(4) the area proposed to be mined is not included within an
area designated unsuitable for surface coal mining pursuant to
section 522 of this Act or is not within an area under study for
such designation in an administrative proceeding commenced
pursuant to section 522(a)(4)(D) or section 522(c) (unless in such
an area as to which an administrative proceeding has commenced
pursuant to section 522(a)(4)(D) of this Act, the operator making
the permit application demonstrates that, prior to January 1,
1977, he has made substantial legal and financial commitments in
relation to the operation for which he is applying for a permit);
(5) the proposed surface coal mining operation, if located west
of the one hundredth meridian west longitude, would--,
Provided, That this paragraph (5) shall not affect those surface
coal mining operations which in the year preceding the enactment
of this Act (I) produced coal in commercial quantities, and were
located within or adjacent to alluvial valley floors or (II) had
obtained specific permit approval by the State regulatory
authority to conduct surface coal mining operations within said
alluvial valley floors.
With respect to such surface mining operations which would have been
within the purview of the foregoing proviso but for the fact that no
coal was so produced in commercial quantities and no such specific
permit approval was so received, the Secretary, if he determines that
substantial financial and legal commitments were made by an operator
prior to January 1, 1977, in connection with any such operation, is
authorized, in accordance with such regulations as the Secretary may
prescribe, to enter into an agreement with that operator pursuant to
which the Secretary may, notwithstanding any other provision of law,
lease other Federal coal deposits to such operator in exchange for the
relinquishment by such operator of his Federal lease covering coal
deposits involving such mining operations, or pursuant to section 206 of
Federal Land Policy and Management Act of 1976, // 43 USC 1716. //
convey to the fee holder of any such coal deposits involving such mining
operations the fee title to other available Federal coal deposits in
exchange for the fee title to such deposits so involving such mining
operations. It is the policy of the Congress that the Secretary shall
develop and carry out a coal exchange program to acquire private fee
coal precluded from being mined by the restrictions of this paragraph
(5) in exchange for Federal coal which is not so precluded. Such
exchanges shall be made under section 206 of the Federal Land Policy and
Management Act of 1976;
(6) in cases where the private mineral estate has been severed
from the private surface estate, the applicant has submitted to
the regulatory authority--,
nothing in this Act
shall be
construed to authorize the regulatory authority to
adjudicate
property rights disputes.
(c) The applicant shall file with his permit application a schedule
listing any and all notices of violations of this Act and any law, rule,
or regulation of the United States, or of any department or agency in
the United States pertaining to air or water environmental protection
incurred by the applicant in connection with any surface coal mining
operation during the three-year period prior to the date of application.
The schedule shall also indicate the final resolution of any such notice
of violation. Where the schedule or other information available to the
regulatory authority indicates that any surface coal mining operation
owned or controlled by the applicant is currently in violation of this
Act or such other laws referred to this subsection, the permit shall not
be issued until the applicant submits proof that such violation has been
corrected or is in the process of being corrected to the satisfaction of
the regulatory authority, department, or agency which has jurisdiction
over such violation and no permit shall be issued to an applicant after
a finding by the regulatory authority, after opportunity for hearing,
that the applicant, or the operator specified in the application,
controls or has controlled mining operations with a demonstrated pattern
of willful violations of this Act of such nature and duration with such
resulting irreparable damage to the environment as to indicate an intent
not to comply with the provisions of this Act.
(d)(1) In addition to finding the application in compliance with
subsection (b) of this section, if the area proposed to be mined
contains prime farmland pursuant to Section 507(b)(16), the regulatory
authority shall, after consultation with the Secretary of Agriculture,
and pursuant to regulations issued hereunder by the Secretary of
Interior with the concurrence of the Secretary of Agriculture, grant a
permit to mine on prime farmland if the regulatory authority finds in
writing that the operator has the technological capability to restore
such mined area, within a reasonable time, to equivalent or higher
levels of yield as non-mined prime farmland in the surrounding area
under equivalent levels of management and can meet the soil
reconstruction standards in Section 515(b)(7). Except for compliance
with subsection (b), the requirements of this paragraph (1) shall apply
to all permits issued after the date of enactment of this Act.
(2) Nothing in this subsection shall apply to any permit issued prior
to the date of enactment of this Act, or to any revisions or renewals
thereof, or to any existing surface mining operations for which a permit
was issued prior to the date of enactment of this Act.
Sec. 511. // 30 USC 1261. // (a)(1) During the term of the permit
the permittee may submit an application for a revision of the permit,
together with a revised reclamation plan, to the regulatory authority.
(2) An application for a revision of a permit shall not be approved
unless the regulatory authority finds that reclamation as required by
this Act and the State or Federal program can be accomplished under the
revised reclamation plan. The revision shall be approved or disapproved
within a period of time established by the State or Federal program.
The regulatory authority shall establish guidelines for a determination
of the scale or extent of a revision request for which all permit
application information requirements and procedures, including notice
and hearings, shall apply: Provided, That any revisions which propose
significant alterations in the reclamation plan shall, at a minimum, be
subject to notice and hearing requirements.
(3) Any extensions to the area covered by the permit except
incidental boundary revisions must be made by application for another
permit.
(b) No transfer, assignment, or sale of the rights granted under any
permit issued pursuant to this Act shall be made without the written
approval of the regulatory authority.
(c) The regulatory authority shall within a time limit prescribed in
regulations promulgated by the regulatory authority, review outstanding
permits and may require reasonable revision or modification of the
permit provisions during the term of such permit: Provided, That such
revision or modification shall be based upon a written finding and
subject to notice and hearing requirements established by the State or
Federal program.
Sec. 512. // 30 USC 12629 // (a) Each State or Federal program shall
include a requirement that coal exploration operations which
substantially disturb the natural land surface be conducted in
accordance with exploration regulations issued by the regulatory
authority. Such regulations shall include, at a minimum (1) the
requirement that prior to conducting any exploration under this section,
any person must file with the regulatory authority notice of intention
to explore and such notice shall include a description of the
exploration area and the period of supposed exploration and (2)
provisions for reclamation in accordance with the performance standards
in section 515 of this Act of all lands disturbed in exploration,
including excavations, roads, drill holes, and the removal of necessary
facilities and equipment.
(b) Information submitted to the regulatory authority pursuant to
this subsection as confidential concerning trade secrets or privileged
commercial or financial information which relates to the competitive
rights of the person or entity intended to explore the described area
shall not be available for public examination.
(c) Any person who conducts any coal exploration activities which
substantially disturb the natural land surface in violation of this
section or regulations issued pursuant thereto shall be subject to the
provisions of section 518.
(d) No operator shall remove more than two hundred and fifty tons of
coal pursuant to an exploration permit without the specific written
approval of the regulatory authority.
(e) Coal exploration on Federal lands shall be governed by section 4
of the Federal Coal Leasing Amendments Act of 1975 (90 Stat. 1085).
Sec. 513. // 30 USC 1263. // (a) At the time of submission of an
application for a surface coal mining and reclamation permit, or
revision of an existing permit, pursuant to the provisions of this Act
or an approved State program, the applicant shall submit to the
regulatory authority a copy of his advertisement of the ownership,
precise location, and boundaries of the land to be affected. At the
time of submission such advertisement shall be placed by the applicant
in a local newspaper of general circulation in the locality of the
proposed surface mine at least once a week for four consecutive weeks.
The regulatory authority shall notify various local governmental bodies,
planning agencies, and sewage and water treatment authorities, of water
companies in the locality in which the proposed surface mining will take
place, notifying them of the operator's intention to surface mine a
particularly described tract of land and indicating the application's
permit number and where a copy of the proposed mining and reclamation
plan may be inspected. These local bodies, agencies, authorities, or
companies may submit written comments within a reasonable period
established by the regulatory authority on the mining applications with
respect to the effect of the proposed operation on the environment which
are within their area of responsibility. Such comments shall
immediately be transmitted to the applicant by the regulatory authority
and shall be made available to the public at the same locations as are
the mining applications.
(b) Any person having an interest which is or may be adversely
affected or the officer or head of any Federal, State, or local
governmental agency or authority shall have the right to file written
objections to the proposed initial or revised application for a permit
for surface coal mining and reclamation operation with the regulatory
authority within thirty days after the last publication of the above
notice. Such objections shall immediately be transmitted to the
applicant by the regulatory authority and shall be made available to the
public. If written objections are filed and an informal conference
requested, the regulatory authority shall then hold an informal
conference in the locality of the proposed mining, if requested within a
reasonable time of the receipt of such objections or request. The date,
time and location of such informal conference shall be advertised by the
regulatory authority in a newspaper of general circulation in the
locality at least two weeks prior to the scheduled conference date. The
regulatory authority may arrange with the applicant upon request by any
party to the administrative proceeding access to the proposed mining
area for the purpose of gathering information relevant to the
proceeding. An electronic or stenographic record shall be made of the
conference proceeding, unless waived by all parties. Such record shall
be maintained and shall be accessible to the parties until final release
of the applicant's performance bond. In the event all parties
requesting the informal conference stipulate agreement prior to the
requested informal conference and withdraw their request, such informal
conference need not be held.
(c) Where the lands included in an application for a permit are the
subject of a Federal coal lease in connection with which hearings were
held and determinations were made under sections 2(a)(3) (A), (B) and
(C) of the Mineral Lands Leasing Act, as amended 30 U.S.C. 201a) (3 (A)
(B) and (C), // 30 USC 201. // such hearings shall be deemed as to the
matters covered to satisfy the requirements of this section and section
514 and such determinations shall be deemed to be a part of the record
and conclusive for purposes of sections 510, 514 and this section.
Sec. 514. // 30 USC 1264. // (a) If an informal conference has been
held pursuant to section 513(b), the regulatory authority shall issue
and furnish the applicant for a permit and persons who are parties to
the administrative proceedings with the written finding of the
regulatory authority, granting or denying the permit in whole or in part
and stating the reasons therefor, within the sixty days of said
hearings.
(b) If there has been no informal conference held pursuant to section
513(b), the regulatory authority shall notify the applicant for a permit
within a reasonable time as determined by the regulatory authority and
set forth in regulations, taking into account the time needed for proper
investigation of the site, the complexity of the permit application, and
whether or not written objection to the application has been filed,
whether the application has been approved or disapproved in whole or
part.
(c) If the application is approved, the permit shall be issued. If
the application is disapproved, specific reasons therefor must be set
forth in the notification. Within thirty days after the applicant is
notified of the final decision of the regulatory authority on the permit
application, the applicant or any person with an interest which is or
may be adversely affected may request a hearing on the reasons for the
final determination. The regulatory authority shall hold a hearing
within thirty days of such request and provide notification to all
interested parties at the time that the applicant is so notified. If
the Secretary is the regulatory authority the hearing shall be of record
and governed by 5 U.S.C. Section 554. Where the regulatory authority is
the State, such hearing shall be of record, adjudicatory in nature and
no person who presided at a conference under section 513( b) shall
either preside at the hearing or participate in this decision thereon or
in any administrative appeal therefrom. Within thirty days after the
hearing the regulatory authority shall issue and furnish the applicant,
and all persons who participated in the hearing, with the written
decision of the regulatory authority granting or denying the permit in
whole or in part and stating the reasons therefor.
(d) Where a hearing is requested pursuant to subsection (c), the
Secretary, where the Secretary is the regulatory authority, or the State
hearing authority may, under such conditions as it may prescribe, grant
such temporary relief as it deems appropriate pending final
determination of the proceedings if--,
(1) all parties to the proceedings have been notified and given
an opportunity to be heard on a request for temporary relief;
(2) the person requesting such relief shows that there is a
substantial likelihood that he will prevail on the merits of the
final determination of the proceeding; and
(3) such relief will not adversely affect the public health or
safety or cause significant imminent environmental harm to land,
air, or water resources.
(e) For the purpose of such hearing, the regulatory authority may
administer oaths, subpoena witnesses, or written or printed materials,
compel attendance of the witnesses, or production of the materials, and
take evidence including but not limited to site inspections of the land
to be affected and other surface coal mining opeations carried on by the
applicant in the general vicinity of the proposed operation. A verbatim
record of each public hearing required by this Act shall be made, and a
transcript made available on the motion of any party or by order of the
regulatory authority.
(f) Any applicant or any person with an interest which is or may be
adversely affected who has participated in the administrative
proceedings as an objector, and who is aggrieved by the decision of the
regulatory authority, or if the regulatory authority fails to act within
the time limits specified in this Act shall have the right to appeal in
accordance with section 526.
Sec. 515. // 30 USC 1265. // (a) Any permit issued under any
approved State or Federal program pursuant to this Act to conduct
surface coal mining operations shall require that such surface coal
mining operations will meet all applicable performance standards of this
Act, and such other requirements as the regulatory authority shall
promulgate.
(b) General performance standards shall be applicable to all surface
coal mining and reclamation operations and shall require the operation
as a minimum to--,
(1) conduct surface coal mining operations so as to maximize
the utilization and conservation of the solid fuel resource being
recovered so that reaffecting the land in the future through
surface coal mining can be minimized;
(2) restore the land affected to a condition capable of
supporting the uses which it was capable of supporting prior to
any mining, or higher or better uses of which there is reasonable
likelihood, so long as such use or uses do not present any actual
or probable hazard to public health or safety or pose any actual
or probable threat of water diminution or pollution, and the
permit applicants' declared proposed land use following
reclamation is not deemed to be impractical or unreasonable,
inconsistent with applicable land use policies and plans, involves
unreasonable delay in implementation, or is violative of Federal,
State, or local law;
(3) except as provided in subsection (c) with respect to all
surface coal mining operations backfill, compact (where advisable
to insure stability or to prevent leaching of toxic materials),
and grade in order to restore the approximate original contour of
the land with all highwalls, spoil piles, and depressions
eliminated (unless small depressions are needed in order to retain
moisture to assist revegetation or as otherwise authorized
pursuant to this Act): Provided, however, That in surface coal
mining which is carried out at the same location over a
substantial period of time where the operation transects the coal
deposit, and the thickness of the coal deposits relative to the
volume of the overburden is large and where the operator
demonstrates that the overburden and other spoil and waste
materials at a particular point in the permit area or otherwise
available from the entire permit area is insufficient, giving due
consideration to volumetric expansion, to restore the approximate
original contour, the operator, at a minimum, shall backfill,
grade, and compact (where advisable) using all available
overburden and other spoil and waste materials to attain the
lowest practicable grade but not more than the angle of repose, to
provide adequate drainage and to cover all acidforming and other
toxic materials, in order to achieve an ecologically sound land
use compatible with the surrounding region: And provided further,
That in surface coal mining where the volume of overburden is
large relative to the thickness of the coal deposit and where the
operator demonstrates that due to volumetric expansion the amount
of overburden and other spoil and waste materials removed in the
course of the mining operation is more than sufficient to restore
the approximate original contour, the operator shall after
restoring the approximate contour, backfill, grade, and compact
(where advisable) the excess overburden and other spoil and waste
materials to attain the lowest grade but not more than the angle
or repose, and to cover all acid-forming and other toxic
materials, in order to achieve an ecologically sound land use
compatible with the surrounding region and that such overburden or
spoil shall be shaped and graded in such a way as to prevent
slides, erosion, and water pollution and is revegetated in
accordance with the requirements of this Act;
(4) stabilize and protect all surface areas including spoil
piles affected by the surface coal mining and reclamation
operation to effectively control erosion and attendant air and
water pollution;
(5) remove the topsoil from the land in a separate layer,
replace it on the backfill area, or if not utilized immediately,
segregate it in a separate pile from other spoil and when the
topsoil is not replaced on a backfill area within a time short
enough to avoid deterioration of the topsoil, maintain a
successful cover by quick growing plant or other means thereafter
so that the topsoil is preserved from wind and water erosion,
remains free of any contamination by other acid or toxic material,
and is in a usable condition for sustaining vegetation when
restored during reclamation, except if topsoil is of insufficient
quantity or of poor quality for sustaining vegetation, or if other
strata can be shown to be more suitable for vegetation
requirements, then the operator shall remove, segregate, and
preserve in a like manner such other strata which is best able to
support vegetation;
(6) restore the topsoil or the best available subsoil which is
best able to support vegetation;
(7) for all prime farm lands as identified in section 507(b)
(16) to be mined and reclaimed, specifications for soil removal,
storage, replacement, and reconstruction shall be established by
the Secretary of Agriculture, and the operator shall, as a
minimum, be required to--,
if not utilized immediately, stockpile this material
separately
from other spoil, and provide needed protection from
wind
and water erosion or contamination by other acid or
toxic
material;
immediately,
stockpile this material separately from other spoil, and
provide needed protection from wind and water erosion or
contamination by other acid or toxic material;
(8) create, if authorized in the approved mining and
reclamation plan and permit, permanent impoundments of water on
mining sites as part of reclamation activities only when it is
adequately demonstrated that--,
(9) conducting any augering operation associated with surface
mining in a manner to maximize recoverability of mineral reserves
remaining after the operation and reclamation are complete; and
seal all auger holes with an impervious and noncombustible
material in order to prevent drainage except where the regulatory
authority determines that the resulting impoundment of water in
such auger holes may create a hazard to the environment or the
public health or safety: Provided, That the permitting authority
may prohibit augering if necessary to maximize the utilization,
recoverability or conservation of the solid fuel resources or to
protect against adverse water quality impacts;
(10) minimize the disturbances to the prevailing hydrologic
balance at the mine-site and in associated offsite areas and to
the quality and quantity of water in surface and ground water
systems both during and after surface coal mining operations and
during reclamation by--,
subsection, provided that the watershed control of the area is improved;
and further provided complete backfilling with spoil material shall be
required to cover completely the highwall which material will maintain
stability following mining and reclamation.
(2) Where an applicant meets the requirements of paragraphs (3) and
(4) of this subsection a variance from the requirement to restore to
approximate original contour set forth in subsection 515(d)(2) of this
section may be granted for the surface mining of coal where the owner of
the surface knowingly requests in writing, as a part of the permit
application that such a variance be granted so as to render the land,
after reclamation, suitable for an industrial, commercial, residential,
or public use (including recreational facilities) in accord with the
further provisions of (3) and (4) of this subsection.
(3)(A) After consultation with the appropriate land use planning
agencies, if any, the potential use of the affected land is deemed to
constitute an equal or better economic or public use;
(B) is designed and certified by a qualified registered professional
engineer in conformance with professional standards established to
assure the stability, drainage, and configuration necessary for the
intended use of the site; and
(C) after approval of the appropriate state environmental agencies,
the watershed of the affected land is deemed to be improved.
(4) In granting a variance pursuant to this subsection the regulatory
authority shall require that only such amount of spoil will be placed
off the mine bench as is necessary to achieve the planned postmining
land use, insure stability of the spoil retained on the bench, meet all
other requirements of this Act, and all spoil placement off the mine
bench must comply with subsection 515(b)(22).
(5) The regulatory authority shall promulgate specific regulations to
govern the granting of variances in accord with the provisions of this
subsection, and may impose such additional requirements as he deems to
be necessary.
(6) All exceptions granted under the provisions of this subsection
shall be reviewed not more than three years from the date of issuance of
the permit, unless the permittee affirmatively demonstrates that the
proposed development is proceeding in accordance with the terms of the
reclamation plan.
(f) The Secretary, with the written concurrence of the Chief of
Engineers, shall establish within one hundred and thirty-five days from
the date of enactment, standards and criteria regulating the design,
location, construction, operation, maintenance, enlargement,
modification, removal, and abandonment of new and existing coal mine
waste piles referred to in section 515(b)(13) and section 516 (b)(5).
Such standards and criteria shall conform to the standards and criteria
used by the Chief of Engineers to insure that flood control structures
are safe and effectively perform their intended function. In addition to
engineering and other technical specifications the standards and
criteria developed pursuant to this subsection must include provisions
for: review and approval of plans and specifications prior to
construction, enlargement, modification, removal, or abandonment;
performance of periodic inspections during construction; issuance of
certificates of approval upon completion of construction; performance
of periodic safety inspections; and issuance of notices for required
remedial or maintenance work.
Sec. 516 // 30 USC 1266. // (a) The Secretary shall promulgate rules
and regulations directed toward the surface effects of underground coal
mining operations, embodying the following requirements and in
accordance with the procedures established under section 501 of this
Act: Provided, however, That in adopting any rules and regulations the
Secretary shall consider the distinct difference between surface-coal
mining and underground coal mining. Such rules and regulations shall
not conflict with nor supersede any provision of the Federal Coal Mine
Health and Safety Act of 1969 // 30 USC 801 // nor any regulation issued
pursuant thereto, and shall not be promulgated until the Secretary has
obtained the written concurrence of the head of the department which
administers such Act.
(b) Each permit issued under any approved State or Federal program
pursuant to this Act and relating to underground coal mining shall
require the operator to--,
(1) adopt measures consistent with known technology in order to
prevent subsidence causing material damage to the extent
technologically and economically feasible, maximize mine
stability, and maintain the value and reasonably foreseeable use
of such surface lands, except in those instances where the mining
technology used requires planned subsidence in a predictable and
controlled manner: Provided, That nothing in this subsection
shall be construed to prohibit the standard method of room and
pillar mining;
(2) seal all portals, entryways, drifts, shafts, or other
openings between the surface and underground mine working when no
longer needed for the conduct of the mining operations;
(3) fill or seal exploratory holes no longer necessary for
mining, maximizing to the extent technologically and economically
feasible return of mine and processing waste, tailings, and any
other waste incident to the mining operation, to the mine workings
or excavations;
(4) with respect to surface disposal of mine wastes, tailings,
coal processing wastes, and other wastes in areas other than the
mine workings or excavations, stabilize all waste piles created by
the permittee from current operations through construction in
compacted layers including the use of incombustible and impervious
materials if necessary and assure that the leachate will not
degrade below water quality standards established pursuant to
applicable Federal and State law surface or ground waters and that
the final contour of the waste accumulation will be compatible
with natural surroundings and that the site is stabilized and
revegetated according to the provisions of this section;
(5) design, locate, construct, operate, maintain, enlarge,
modify, and remove, or abandon, in accordance with the standards
and criteria developed pursuant to section 515(f), all existing
and new coal mine waste piles consisting of mine wastes, tailings,
coal processing wastes, or other liquid and solid wastes and used
either temporarily or permanently as dams or embankments;
(6) establish on regraded areas and all other lands affected, a
diverse and permanent vegetative cover capable of
self-regeneration and plant succession and at least equal in
extent of cover to the natural vegetation of the area;
(7) protect offsite areas from damages which may result from
such mining operations;
(8) eliminate fire hazards and othewise eliminate conditions
which constitute a hazard to health and safety of the public;
(9) minimize the disturbances of the prevailing hydrologic
balance at the minesite and in associated offsite areas and to the
quantity of water in surface ground water systems both during and
after coal mining operations and during reclamation by--,
(10) with respect to other surface impacts not specified in
this subsection including the construction of new roads or the
improvement or use of existing roads to gain access to the site of
such activities and for haulage, repair areas, storage areas,
processing areas, shipping areas, and other areas upon which are
sited structures, facilities, or other property or materials on
the surface, resulting from or incident to such activities,
operate in accordance with the standards established under section
515 of this title for such effects which result from surface coal
mining operations: Provided, That the Secretary shall make such
modifications in the requirements imposed by this subparagraph as
are necessary to accommodate the distinct difference between
surface and underground coal mining;
(11) to the extent possible using the best technology currently
available, minimize disturbances and adverse impacts of the
operation on fish, wildlife, and related environmental values, and
achieve enhancement of such resources where practicable;
(12) locate openings for all new drift mines working
acidproducing or iron-producing coal seams in such a manner as to
prevent a gravity discharge of water from the mine.
(c) In order to protect the stability of the land, the regulatory
authority shall suspend underground coal mining under urbanized areas,
cities, towns, and communities and adjacent to industrial or commercial
buildings, major impoundments, or permanent streams if he finds imminent
danger to inhabitants of the urbanized areas, cities, towns, and
communities.
(d) The provisions of title V of this Act relating to State and
Federal programs, permits, bonds, inspections and enforcement, public
review, and administrative and judicial review shall be applicable to
surface operations and surface impacts incident to an underground coal
mine with such modifications to the permit application requirements,
permit approval or denial procedures, and bond requirements as are
necessary to accommodate the distinct difference between surface and
underground coal mining. The Secretary shall promulgate such
modifications in accordance with the rulemaking procedure established in
section 501 of this Act.
Sec. 517. // 30 USC 1267. // (a) The Secretary shall cause to be
made such inspections of any surface coal mining and reclamation
operations as are necessary to evaluate the administration of approved
State programs, or to develop or enforce any federal program, and for
such purposes authorized representatives of the Secretary shall have a
right of entry to, upon, or through any surface coal mining and
reclamation operations.
(b) For the purpose of developing or assisting in the development,
administration, and enforcement of any approved State or Federal program
under this Act or in the administration and enforcement of any permit
under this Act, or of determining whether any person is in violation of
any requirement of any such State or Federal program or any other
requirement of this Act--,
(1) the regulatory authority shall require any permittee to (A)
establish and maintain appropriate records, (B) make monthly
reports to the regulatory authority, (C) install, use, and
maintain any necessary monitoring equipment or methods, (D)
evaluate results in accordance with such methods, at such
locations, intervals, and in such manner as a regulatory authority
shall prescribe, and (E) provide such other information relative
to surface coal mining and reclamation operations as the
regulatory authority deems reasonalble and necessary;
(2) for those surface coal mining and reclamation operations
which remove or disturb strata that serve as aquifers which
significantly insure the hydrologic balance of water use either on
or off the mining site, the regulatory authority shall specify
those--,
The monitoring data collection and analysis required by this
section shall be conducted according to standards and procedures
set forth by the regulatory authority in order to assure their
reliability and validity; and
(3) the authorized representatives of the regulatory authority,
without advance notice and upon presentation of appropriate
credentials (A) shall have the right of entry to, upon, or through
any surface coal mining and reclamation operations or any premises
in which any records required to be maintained under paragraph (1)
of this subsection are located; and (B) may at reasonable times,
and without delay, have access to and copy any records, inspect
any monitoring equipment or method of operation required under
this Act.
(c) The inspections by the regulatory authority shall (1) occur on an
irregular basis averaging not less than one partial inspection per month
and one complete inspection per calendar quarter for the surface coal
mining and reclamation operation covered by each permit; (2) occur
without prior notice to the permittee or his agents or employees except
for necessary onsite meetings with the permittee; and (3) include the
filing of inspection reports adequate to enforce the requirements of and
to carry out the terms and purposes of this Act.
(d) Each permittee shall conspicuously maintain at the entrances to
the surface coal mining and reclamation operations a clearly visible
sign which sets forth the name, business address, and phone number of
the permittee and the permit number of the surface coal mining and
reclamation operations.
(e) Each inspector, upon detection of each violation of any
requirement of any State or Federal program or of this Act, shall
forthwith inform the operator in writing, and shall report in writing
any such violation to the regulatory authority.
(f) Copies of any records, reports, inspection materials, or
information obtained under this title by the regulatory authority shall
be made immediately available to the public at central and sufficient
locations in the county, multicounty, and State area of mining so that
they are conveniently available to residents in the areas of mining.
(g) No employee of the State regulatory authority performing any
function or duty under this Act shall have a direct or indirect
financial interest in any underground or surface coal mining operation.
Whoever knowingly violates the provisions of this subsection shall, upon
conviction, be punished by a fine of not more than $2,500, or by
imprisonment of not more than one year, or by both. The Secretary shall
(1) within sixty days after enactment of this Act, publish in the
Federal Register, in accordance with section 553 of title 5, United
States Code, regulations to establish methods by which the provisions of
this subsection will be monitored and enforced by the Secretary and such
State regulatory authority, including appropriate provisions for the
filing by such employees and the review of statements and supplements
thereto concerning any financial interest which may be affected by this
subsection, and (2) report to the Congress as part of the Annual Report
(section 706) on actions taken and not taken during the preceding year
under this subsection.
(h)(1) Any person who is or may be adversely affected by a surface
mining operation may notify the Secretary or any representative of the
Secretary responsible for conducting the inspection, in writing, of any
violation of this Act which he has reason to believe exists at the
surface mining site. The Secretary shall, by regulation, establish
procedures for informal review of any refusal by a representative of the
Secretary to issue a citation with respect to any such allegd violation.
The Secretary shall furnish such persons requesting the review a written
statement of the reasons for the Secretary's final disposition of the
case.
(2) The Secretary shall also, by regulation, establish procedures to
insure that adequate and complete inspections are made. Any such person
may notify the Secretary of any failure to make such inspections, after
which the Secretary shall determine whether adequate and complete
inspections have been made. The Secretary shall furnish such persons a
written statement of the reasons for the Secretary's determination that
adequate and complete inspections have or have not been conducted.
Sec. 518. // 30 USC 1268. // (a) In the enforcement of a Federal
program or Federal lands program, or during Federal enforcement pursuant
to section 502 or during Federal enforcement of a State program pursuant
to section 521 of this Act, any permittee who violates any permit
condition or who violates any other provision of this title, may be
assessed a civil penalty by the Secretary, except that if such violation
leads to the issuance of a cessation order under section 521, the civil
penalty shall be assessed. Such penalty shall not exceed $5,000 for
each violation. Each day of continuing violation may be deemed a
separate violation for purposes of penalty assessments. In determining
the amount of the penalty, consideration shall be given to the
permittee's history of previous violations at the particular surface
coal mining operation; the seriousness of the violation, including any
irreparable harm to the environment and any hazard to the health or
safety of the public; whether the permittee was negligent; and the
demonstrated good faith of the permittee charged in attempting to
achieve rapid compliance after notification of the violation.
(b) A civil penalty shall be assessed by the Secretary only after the
person charged with a violation described under subsection (a) of this
section has been given an opportunity for a public hearing. Where such
a public hearing has been held, the Secretary shall make findings of
fact, and he shall issue a written decision as to the occurrence of the
violation and the amount of the penalty which is warranted,
incorporating, when appropriate, an order therein requiring that the
penalty be paid. When appropriate, the Secretary shall consolidate such
hearings with other proceedings under section 521 of this Act. Any
hearing under this section shall be of record and shall be subject to
section 554 of title 5 of the United States Code. Where the person
charged with such a violation fails to avail himself of the opportunity
for a public hearing, a civil penalty shall be assessed by the Secretary
after the Secretary has determined that a violation did occur, and the
amount of the penalty which is warranted, and has issued an order
requiring that the penalty be paid.
(c) Upon the issuance of a notice or order charging that a violation
of the Act has occurred, the Secretary shall inform the operator within
thirty days of the proposed amount of said penalty. The person charged
with the penalty shall then have thirty days to pay the proposed penalty
in full or, if the person wishes to contest either the amount of the
penalty or the fact of the violation, forward the proposed amount to the
Secretary for placement in an escrow account. If through administrative
or judicial review of the proposed penalty, it is determined that no
violation occurred, or that the amount of the penalty should be reduced,
the Secretary shall within thirty days remit the appropriate amount to
the person, with interest at the rate of 6 percent, or at the prevailing
Department of the Treasury rate, whichever is greater. Failure to
forward the money to the Secretary within thirty days shall result in a
waiver of all legal rights to contest the violation or the amount of the
penalty.
(d) Civil penalties owed under this Act, may be recovered in a civil
action brought by the Attorney General at the request of the Secretary
in any appropriate district court of the United States.
(e) Any person who willfully and knowingly violates a condition of a
permit issued pursuant to a Federal program, a Federal lands program or
Federal enforcement pursuant to section 502 or during Federal
enforcement of a State program pursuant to section 521 of this Act or
fails or refuses to comply with any order issued under section 521 or
section 526 of this Act, or any order incorporated in a final decision
issued by the Secretary under this Act, except an order incorporated in
a decision issued under subsection (b) of this section or section 704 of
this Act, shall, upon conviction, be punished by a fine of not more than
$10,000, or by imprisonment for not more than one year or both.
(f) Whenever a corporate permittee violates a condition of a permit
issued pursuant to a Federal program, a Federal lands program or Federal
enforcement pursuant to section 502 or Federal enforcement of a State
program pursuant to section 521 of this Act or fails or refuses to
comply with any order issued under section 521 of this Act, or any order
incorporated in a final decision issued by the Secretary under this Act
except an order incorporated in a decision issued under subsection (b)
of this section or section 703 of this Act, any director, officer, or
agent of such corporation who willfully and knowingly authorized,
ordered, or carried out such violation, failure, or refusal shall be
subject to the same civil penalties, fines, and imprisonment that may be
imposed upon a person under subsections (a) and (e) of this section.
(g) Whoever knowingly makes any false statement, representation, or
certification, or knowingly fails to make any statement, representation,
or certification in any application, record, report, plant, or other
document filed or required to be maintained pursuant to a Federal
program or a Federal lands program or any order of decision issued by
the Secretary under this Act, shall, upon conviction, be punished by a
fine of not more than $10,000, or by imprisonment for not more than one
year or both.
(h) Any operator who fails to correct a violation for which a
citation has been issued under section 521 (a) within the period
permitted for its correction (which period shall not end until the entry
of a final order by the Secretary, in the case of any review proceedings
under section 525 initiated by the operator wherein the Secretary
orders, after an expedited hearing, the suspension of the abatement
requirements of the citation after determining that the operator will
suffer irreparable loss or damage from the application of those
requirements, or until the entry of an order of the court, in the case
of any review proceedings under section 526 initiated by the operator
wherein the court orders the suspension of the abatement requirements of
the citation), shall be assessed a civil penalty of not less than $750
for each day during which such failure or violation continues.
(i) As a condition of approval of any State program submitted
pursuant to section 503 of this Act, the civil and criminal penalty
provisions thereof shall, at a minimum, incorporate penalties no less
stringent than those set forth in this section, and shall contain the
same or similar procedural requirements relating thereto. Nothing
herein shall be construed so as to eliminate any additional enforcement
right or procedures which are available under State law to a State
regulatory authority but which are not specifically enumerated herein.
Sec. 519. // 30 USC 1269. // (a) The permittee may file a request
with the regulatory authority for the release of all or part of a
performance bond or deposit. Within thirty days after any application
for bond or deposit release has been filed with the regulatory
authority, the operator shall submit a copy of an advertisement placed
at least once a week for four successive weeks in a newspaper of general
circulation in the locality of the surface coal mining operation. Such
advertisement shall be considered part of any bond release application
and shall contain a notification of the precise location of the land
affected, the number of acres, the permit and the date approved, the
amount of the bond filed and the portion sought to be released, and the
type and appropriate dates of reclamation work performed, and a
description of the results achieved as they relate to the operator's
approved reclamation plan. In addition, as part of any bond release
application, the applicant shall submit copies of letters which he has
sent to adjoining property owners, local governmental bodies, planning
agencies, and sewage and water treatment authorities, or water companies
in the locality in which the surface coal mining and reclamation
activities took place, notifying them of his intention to seek release
from the bond.
(b) Upon receipt of the notification and request, the regulatory
authority shall within thirty days conduct an inspection and evaluation
of the reclamation work involved. Such evaluation shall consider, among
other things, the degree of difficulty to complet any remaining
reclamation, whether pollution of surface and subsurface water is
occurring, the probability of continuance of future occurrence of such
pollution, and the estimated cost of abating such pollution. The
regulatory authority shall notify the permittee in writing of its
decision to release or not to release all or part of the performance
bond or deposit within sixty days from the filing of the request, if no
public hearing is held pursuant to section 519(f), and if there has been
a public hearing held pursuant to section 519(f), within thirty days
thereafter.
(c) The regulatory authority may release in whole or in part said
bond or deposit of the authority is satisfied the reclamation covered by
the bond or deposit or portion thereof has been accomplished as required
by this Act according to the following schedule:
(1) When the operator completes the backfilling, regrading, and
drainage control of a bonded area in accordance with his approved
reclamation plan, the release of 60 per centum of the bond or
collateral for the applicable permit area.
(2) After revegetation has been established on the regraded
mined lands in accordance with the approved reclamation plan.
When determining the amount of bond to be released after
successful revegetation has been established, the regulatory
authority shall retain that amount of bond for the revegetated
area which would be sufficient for a third party to cover the cost
of reestablishing revegetation and for the period specified for
operator responsibility in section 515 of reestablishing
revegtation. No part of the bond or deposit shall be released
under this paragraph so long as the lands to which the release
would be applicable are contributing suspended solids to
streamflow or runoff outside the permit area in excess of the
requirements set by section 515(b) (10) or until soil productivity
for prime farm lands has returned to equivalent levels of yield as
nonmined land of the same soil type in the surrounding area under
equivalent management practices as determined from the soil survey
performed pursuant to section 507(b)(16). Where a silt dam is to
be retained as a permanent impoundment pursuant to section
515(b)(8), the portion of bond may be released under this
paragraph so long as provisions for sound future maintenance by
the operator or the landowner have been made with the regulatory
authority.
(3) When the operator has completed successfully all surface
coal mining and reclamation activities, the release of the
remaining portion of the bond, but not before the expiration of
the period specified for operator responsibility in section 515:
Provided, however, That no bond shall be fully released until all
reclamation requirements of this Act are fully met.
(d) If the regulatory authority disapproves the application for
release of the bond or portion thereof, the authority shall notify the
permittee, in writing, stating the reasons for disapproval and
recommending corrective actions necessary to secure said release and
allowing opportunity for a public hearing.
(e) When any application for total or partial bond release is filed
with the regulatory authority, the regulatority shall notify the
municipality in which a surface coal mining operation is located by
certified mail at least thirty days prior to the release of all or a
position of the bond.
(f) Any person with a valid legal interest which might be adversely
affected by release of the bond or the responsible officer or head of
any Federal, State, or local governmental agency which has jurisdiction
by law or special expertise with respect to any environmental, social,
or economic impact involved in the operation, or is authorized to
develop and enforce environmental standards with respect to such
operations shall have the right to file written objections to the
proposed release from bond to the regulatory authority within thirty
days after the last publication of the above notice. If written
objections are filed, and a hearing requested, the regulatory authority
shall inform all the interested parties, of the time and place of the
hearing, and hold a public hearing in the locality of the surface coal
mining operation proposed for bond release within thirty days of the
request for such hearing. The date, time, and location of such public
hearings shall be advertised by the regulatory authority in a newspaper
of general circulation in the locality for two consecutive weeks, and
shall hold a public hearing in the locality of the surface coal mining
operation proposed for bond release or at the State capital at the
option of the objector, within thirty days of the request for such
hearing.
(g) Without prejudice to the rights of the objectors, the applicant,
or the responsibilities of the regulatory authority pursuant to this
section, the regulatory authority may establish an informal conference
as provided in section 513 to resolve such written objections.
(h) For the purpose of such hearing the regulatory authority shall
have the authority and is hereby empowered to administer oaths, subpena
witnesses, or written or printed materials, compel the attendance of
witnesses, or production of the materials, and take evidence including
but not limited to inspections of the land affected and other surface
coal mining operations carried on by the applicant in the general
vicinity. A verbatim record of each public hearing required by this Act
shall be made, and a transcript made available on the motion of any
party or by order of the regulatory authority.
Sec. 520. // 30 USC 1270. // (a) Except as provided in subsection
(b) of this section, any person having an interest which os or may be
adversely affected may commence a civil action on his own behalf to
compel compliance with this Act--,
(1) against the United States or any other governmental
instrumentality or agency to the extent permitted by the eleventh
amendment to the Constitution which is alleged to be in violation
of the provisions of this Act or of any rule, regulation, order or
permit issued pursuant thereto, or against any other person who is
alleged to be in violation of any rule, regulation, order or
permit issued pursuant to this title; or
(2) against the Secretary or the appropriate State regulatory
authority to the extent permitted by the eleventh amendment to the
Constitution where there is alleged a failure of the Secretary or
the appropriate State regulatory authority to perform any act or
duty under this Act which is not discretionary with the Secretary
or with the approp