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 90 STAT. 2776

PUBLIC LAW 94-579—OCT. 21, 1976 TITLE V—RIGHTS-OF-WAY

t

AUTHORIZATION TO GRANT RIGHTS-OF-WAY

43 USC 1761.

SEC. 501. (a) The Secretary, with respect to the public lands and, the Secretary of Agriculture, with respect to lands within the National Forest System (except in each case land designated as wilderness), are authorized to grant, issue, or renew rights-of-way over, upon, under, or through such lands for— (1) reservoirs, canals, ditches, flumes, laterals, pipes, pipelines, tunnels, and other facilities and systems for the impoundment, storage, transportation, or distribution of water; (2) pipelines and other systems for the transportation or distribution of liquids and gases, other than water and other than oil, natural gas, synthetic liquid or gaseous fuels, or any refined product produced therefrom, and for storage and terminal facilities in connection therewith; (3) pipelines, slurry and emulsion systems, and conveyor belts for transportation and distribution of solid materials, and facilities for the storage of such materials in connection therewith; (4) systems for generation, transmission, and distribution of electric energy, except that the applicant shall also comply with all applicable requirements of the Federal Power Commission under the Federal Power Act of 1935 (49 Stat. 847; 16 U.S.C. (5) systems for transmission or reception of radio, television, telephone, telegraph, and other electronic signals, and other means of communication; (6) roads, trails, highways, railroads, canals, tunnels, tramways, airways, livestock driveways, or other means of transportation except where such facilities are constructed and maintained in connection with commercial recreation facilities on lands in the National Forest System; or (7) such other necessary transportation or other systems or facilities which are in the public interest and which require rightsof-way over, upon, under, or through such lands. (b)(1) The Secretary concerned shall require, prior to granting, issuing, or renewing a right-of-way, that the applicant submit and disclose those plans, contracts, agreements, or other information reasonably related to the use, or intended use, of the right-of-way, including its effect on competition, which he deems necessary to a determination, in accordance with the provisions of this Act, as to whether a right-of-way shall be granted, issued, or renewed and the terms and conditions which should be included in the right-of-way. (2) If the applicant is a partnership, corporation, association, or other business entity, the Secretary concerned, prior to granting a right-to-way pursuant to this title, shall require the applicant to disclose the identity of the participants in the entity, when he deems it necesary to a determination, in accordance with the provisions of this title, as to whether a right-of-way shall be granted, issued, or renewed and the terms and conditions which should be included in the right-ofway. Such disclosures shall include, where applicable: (A) the name and address of each partner; (B) the name and address of each shareholder owning 3 per centum or more of the shares, together with the number and percentage of any class of voting shares of the entity which such shareholder is authorized to vote; and (C) the name and address of each affiliate of the entity together with, in the case of an affiliate

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 PUBLIC LAW 94-579—OCT. 21, 1976

90 STAT. 2777

controlled by the entity, the number of shares and the percentage of any class of voting stock of that affiliate owned, directly or indirectly, by that entity, and, in the case of an affiliate which controls that entity, the number of shares and the percentage of any class of voting stock of that entity owned, directly or indirectly, by the affiliate. COST-SHARE ROAD AUTHORIZATION

SEC. 502. (a) The Secretary, with respect to the public lands, is 43 USC 1762. authorized to provide for the acquisition, construction, and maintenance of roads within and near the public lands in locations and according to specifications which will permit maximum economy in harvesting timber from such lands tributary to such roads and at the same time meet the requirements for protection, development, and management of such lands for utilization of the other resources thereof. Financing of such roads may be accomplished (1) by the Secretary Financing, utilizing appropriated funds, (2) by requirements on purchasers of timber and other products from the public lands, including provisions for amortization of road costs in contracts, (3) by cooperative financing with other public agencies and with private agencies or persons, or (4) by a combination of these methods: Provided, That, where roads of a higher standard than that needed in the harvesting and removal of the timber and other products covered by the particular sale are to be constructed, the purchaser of timber and other products from public lands shall not, except when the provisions of the second proviso of this subsection apply, be required to bear that part of the costs necessary to meet such higher standard, and the Secretary is authorized to make such arrangements to this end as may be appropriate: Provided further, That when timber is offered with the condition that the purchaser thereof will build a road or roads in accordance with standards specified in the offer, the purchaser of the timber will be responsible for paying the full costs of construction of such roads. (b) Copies of all instruments affecting permanent interests in land executed pursuant to this section shall be recorded in each county where the lands are located. (c) The Secretary may require the user or users of a road, trail, land, Maintenance, or other facility administered by him through the Bureau, including purchasers of Government timber and other products, to maintain such facilities in a satisfactory condition commensurate with the particular use requirements of each. Such maintenance to be borne by each user shall be proportionate to total use. The Secretary may also require the user or users of such a facility to reconstruct the same when such reconstruction is determined to be necessary to accommodate such use. If such maintenance or reconstruction cannot be so provided or if the Secretary determines that maintenance or reconstruction by a user would not be practical, then the Secretary may require that sufficient funds be deposited by the user to provide his portion of such total maintenance or reconstruction. Deposits made to cover the maintenance or reconstruction of roads are hereby made available until expended to cover the cost to the United States of accomplishing the purposes for which deposited: Provided, That deposits received for work on adjacent and overlapping areas may be combined when it is the most practicable and efficient manner of performing the work, and cost thereof may be determined by estimates: And provided further, That unexpended balances upon accomplishment of the purpose for which deposited shall be transferred to miscellaneous receipts or refunded. (d) Whenever the agreement under which the United States has obtained for the use of, or in connection with, the public lands a right-

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 90 STAT. 2778 (

PUBLIC LAW 94-579—OCT. 21, 1976 of-way or easement for a road or an existing road or the right to use an existing road provides for delayed payments to the Government's grantor, any fees or other collections received by the Secretary for the use of the road may be placed in a fund to be available for making payments to the grantor. RIGHT-Or-WAY CORRIDORS

43 USC 1763.

Regulations.

SEC. 503. I n order to minimize adverse environmental impacts and the proliferation of separate rights-of-way, the utilization of rightsof-way in common shall be required to the extent practical, and each right-of-way or permit shall reserve to the Secretary concerned the right to grant additional rights-of-way or permits for compatible uses on or adjacent to rights-of-way granted pursuant to this Act. In designating right-of-way corridors and in determining whether to require that rights-of-way be confined to them, the Secretary concerned shall take into consideration national and State land use policies, environmental quality, economic efficiency, national security, safety, and good engineering and technological practices. The Secretary concerned Siall issue regulations containing the criteria and procedures he will use in designating such corridors. Any existing transportation and utility corridors may be designated as transportation and utility corridors pursuant to this subsection without further review. GENERAL PROVISIONS

43 USC 1764.

Limitation.

.

Right-of-way, plan submittal.

SEC. 504. (a) The Secretary concerned shall specify the boundaries of each right-of-way as precisely as is practical. Each right-of-way shall be limited to the ground which the Secretary concerned determines (1) will be occupied by facilities which constitute the project for which the right-of-way is granted, issued, or renewed, (2) to be necessary for the operation or maintenance of the project, (3) to be necessary to protect the public safety, and (4) will do no unnecessary damage to the environment. The Secretary concerned may authorize the temporary use of such additional lands as he determines to be reasonably necessary for the construction, operation, maintenance, or termination of the project or a portion thereof, or for access thereto. (b) Each right-of-way or permit granted, issued, or renewed pursuant to this section shall be limited to a reasonable term in light of all circumstances concerning the project. In determining the duration of a right-of-way the Secretary concerned shall, among other things, take into consideration the cost of the facility, its useful life, and any public purpose it serves. The right-of-way shall specify whether it is or is not renewable and the terms and conditions applicable to the renewal. (c) Rights-of-way shall be granted, issued, or renewed pursuant to this title under such regulations or stipulations, consistent with the provisions of this title or any other applicable law, and shall also be subject to such terms and conditions as the Secretary concerned may prescribe regarding extent, duration, survey, location, construction, maintenance, transfer or assignment, and termination. (d) The Secretary concerned prior to granting or issuing a rightof-way pursuant to this title for a new project which may have a significant impact on the environment, shall require the applicant to submit a plan of construction, operation, and rehabilitation for such right-of-way which shall comply with stipulations or with regulations issued by that Secretary, including the terms and conditions required under section 505 of this Act.

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(e) The Secretary concerned shall issue regulations with respect Regulations to the terms and conditions that will be included in rights-of-way pursuant to section 505 of this title. Such regulations shall be regularly revised as needed. Such regulations shall be applicable to every rightof-way granted or issued pursuant to this title and to any subsequent renewal thereof, and may be applicable to rights-of-way not granted or issued, but renewed pursuant to this title. (f) Mineral and vegetative materials, including timber, within or without a right-of-way, may be used or disposed of in connection with construction or other purposes only if authorization to remove or use such materials has been obtained pursuant to applicable laws. (g) The holder of a right-of-way shall pay annually in advance Fair market the fair market value thereof as determined by the Secretary grant- value, annual ing, issuing, or renewing such right-of-way: Provided, That when payment. the annual rental is less than $100, the Secretary concerned may require advance payment for more than one year at a time: Provided further, That the Secretary concerned may waive rentals where a Waiver. right-of-way is granted, issued, or renewed in reciprocation for a right-of-way conveyed to the United States in connection with a cooperative cost share program between the United States and the holder. The Secretary concerned may, by regulation or prior to pro- Reimbursement. mulgation of such regulations, as a condition of a right-of-way, require an applicant for or holder of a right-of-way to reimburse the United States for all reasonable administrative and other costs incurred in processing an application for such right-of-way and in inspection and monitoring of construction, operation, and termination of the facility pursuant to such right-of-way: Provided, however, That the Secretary concerned need not secure reimbursement in any situation where there is in existence a cooperative cost share right-ofway program between the United States and the holder of a rightof-way. Rights-of-way may be granted, issued, or renewed to a Federal, State, or local government or any agency or instrumentality thereof, to nonprofit associations or nonprofit corporations which are not themselves controlled or owned by profitmaking corporations or business enterprises, or to a holder where he provides without or at reduced charges a valuable benefit to the public or to the programs of the Secretary concerned, or to a holder in connection with the authorized use or occupancy of Federal land for which the United States is already receiving compensation for such lesser charge, including free use as the Secretary concerned finds equitable and in the public interest. Such rights-of-way issued at less than fair market value are not assignable except with the approval of the Secretary issuing the right-of-way. The moneys received for reimbursement of reasonable costs shall be deposited with the Treasury in a special account and are hereby authorized to be appropriated and made available until expended. (h)(1) The Secretary concerned shall promulgate regulations spec- Regulations. ifying the extent to which holders of rights-of-way under this title shall be liable to the United States for damage or injury incurred by the United States caused by the use and occupancy of the rights-ofway. The regulations shall also specify the extent to which such holders shall indemnify or hold harmless the United States for liabilities, damages, or claims caused by their use and occupancy of the rights-of-way. (2) Any regulation or stipulation imposing liability without fault shall include a maximum limitation on damages commensurate with the foreseeable risks or hazards presented. Any liability for damage

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 90 STAT. 2780

PUBLIC LAW 94-579—OCT. 21, 1976 or injury in excess of this amount shall be determined by ordinary rules of negligence. (x] Where he deems it appropriate, the Secretary concerned may require a holder of a right-of-way to furnish a bond, or other security, satisfactory to him to secure all or any of the obligations imposed by the terms and conditions of the right-of-way or by any rule or regulation of the Secretary concerned. (j) The Secretary concerned shall grant, issue, or renew a right-ofway under this title only when he is satisfied that the applicant has the technical and financial capability to construct the project for which the right-of-way is requested, and in accord with the requirements of this title. TERMS AND

43 USC 1765.

CONDITIONS

SEC. 505. Each right-of-way shall contain— (a) terms and conditions which will (i) carry out the purposes of this Act and rules and regulations issued thereunder; (ii) minimize damage to scenic and esthetic values and fish and wildlife habitat and otherwise protect the environment; (iii) require compliance with applicable air and water quality standards established by or pursuant to applicable Federal or State law; and (iv) require compliance with State standards for public health and safety, environmental protection, and siting, construction, operation, and maintenance of or for rights-of-way for similar purposes if those standards are more stringent than applicable Federal standards; and (b) such terms and conditions as the Secretary concerned deems necessary to (i) protect Federal property and economic interests; (ii) manage efficiently the lands which are subject to the rightof-way or adjacent thereto and protect the other lawful users of the lands adjacent to or traversed by such right-of-way; (iii) protect lives and property; (iv) protect the interests of individuals living in the general area traversed by the right-of-way who rely on the fish, wildlife, and other biotic resources of the area for subsistence purposes; (v) require location of the right-of-way along a route that will cause least damage to the environment, taking into consideration feasibility and other relevant factors; and (vi) otherwise protect the public interest in the lands traversed by the right-of-way or adjacent thereto. SUSPENSION OR TERMINATION OF RIGHTS-OF-WAY

43 USC 1766.

Notice.

SEC. 506. Abandonment of a right-of-way or noncompliance with any provision of this title, condition of the right-of-way, or applicable rule or regulation of the Secretary concerned may be grounds for suspension or termination of the right-of-way if, after due notice to the holder of the right-of-way and, and with respect to easements, an appropriate administrative proceeding pursuant to section 554 of title 5 of the United States Code, the Secretary concerned determines that any such ground exists and that suspension or termination is justified. No administrative proceeding shall be required where the right-of-way by its terms provides that it terminates on the occurrence of a fixed or agreed-upon condition, event, or time. If the Secretary concerned determines that an immediate temporary suspension of activities within a right-of-way for violation of its terms and conditions is necessary to protect public health or safety or the environment, he may abate such activities prior to an administrative proceeding. Prior to commencing any proceeding to suspend or terminate a right-of-way

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90 STAT. 2781

the Secretary concerned shall give written notice to the holder of the grounds for such action and shall give the holder a reasonable time to resume use of the right-of-way or to comply with this title, condition, rule, or regulation as the case may be. Failure of the holder of the right-of-way to use the right-of-way for the purpose for which it was granted, issued, or renewed, for any continuous five-year period, shall constitute a rebuttable presumption of abandonment of the right-ofway, except that where the failure of the holder to use the right-of-way for the purpose for which it was granted, issued, or renewed for any continuous five-year period is due to circumstances not within the holder's control, the Secretary concerned is not required to commence proceedings to suspend or terminate the right-of-way. RIGHTS-OF-WAY FOR FEDERAL AGENCIES

SEC. 507. (a) The Secretary concerned may provide under applica- 43 USC 1767. ble provisions of this title for the use of any department or agency of the United States a right-of-way over, upon, under or through the land administered by him, subject to such terms and conditions as he may impose. (b) Where a right-of-way has been reserved for the use of any department or agency of the United States, the Secretary shall take no action to terminate, or otherwise limit, that use without the consent of the head of such department or agency. CONVEYANCE or LANDS

SEC. 508. If under applicable law the Secretary concerned decides to 43 USC 1768. transfer out of Federal ownership any lands covered in whole or in part by a right-of-way, including a right-of-way granted under the Act of November 16, 1973 (87 Stat. 576; 30 U.S.C. 185), the lands may be conveyed subject to the right-of-way; however, if the Secretary concerned determines that retention of Federal control over the rignt-ofway is necessary to assure that the purposes of this title will be carried out, the terms and conditions of the right-of-way complied with, or the lands protected, he shall (a) reserve to the United States that portion of the lands which lies within the boundaries of the right-of-way, or (b) convey the lands, including that portion within the boundaries of the right-of-way, subject to the right-of-way and reserving to the United States the right to enforce all or any of the terms and conditions of the right-of-way, including the right to renew it or extend it upon its termination and to collect rents. EXISTING R I G H T S - OF W A Y

SEC. 509. (a) Nothing in this title shall have the effect of terminating 43 USC 1769. any right-of-way or right-of-use heretofore issued, granted, or permitted. However, with the consent of the holder thereof, the Secretary Cancellation, concerned may cancel such a right-of-way or ri^ht-of-use and in its stead issue a right-of-way pursuant to the provisions of this title. (b) When the Secretary concerned issues a right-of-way under this title for a railroad and appurtenant communication facilities in connection with a realinement of a railroad on lands under his jurisdiction by virtue of a right-of-way granted by the United States, he may, when he considers it to be in the public interest and the lands involved are not within an incorporated community and are of approximately equal value, notwithstanding the provisions of this title, provide in the ''' new right-of-way the same terms and conditions as applied to the por-

89-194 O—78—pt. 2

83

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 90 STAT. 2782

PUBLIC LAW 94-579—OCT. 21, 1976 tion of the existing right-of-way relinquished to the United States with respect to the payment of annual rental, duration of the right-ofway, and the nature of the interest in lands granted. The Secretary concerned or his delegate shall take final action upon all applications for the grant, issue, or renewal of rights-of-way under subsection (b) of this section no later than six months after receipt from the applicant of all information required from the applicant by this title. EFFECT ON OTHER LAWS

43 USC 1770.

if'.

"Antitrust laws." 15 USC 8, 9.

SEC. 510. (a) Effective on and after the date of approval of this Act, no ri^ht-of-way for the purposes listed in this title shall be granted, issued, or renewed over, upon, under, or through such lands except under and subject to the provisions, limitations, and conditions of this title: Provided, That nothing in this title shall be construed as affecting or modifying the provisions of the Act of October 13, 1964 (78 Stat. 1089; 16 U.S.C. 532-538) and in the event of conflict with, or inconsistency between, this title and the Act of October 13, 1964, the latter shall prevail: Provided further, That nothing in this Act should be construed as making it mandatory that, with respect to forest roads, the Secretary of Agriculture limit rights-of-way grants or their term of years or require disclosure pursuant to Section 501(b) or impose any other condition contemplated by this Act that is contrary to present practices of that Secretary under the Act of October 13, 1964. Any pending application for a right-of-way under any other law on the effective date of this section shall be considered as an application under this title. The Secretary concerned may require the appficant to submit any additional information he deems necessary to comply with the requirements of this title. (b) Nothing in this title shall be construed to preclude the use of lands covered by this title for highway purposes pursuant to sections 107 and 317 of title 23 of the United States Code. (c)(1) Nothing in this title shall be construed as exempting any holder of a right-of-way issued under this title from any provision of the antitrust laws of the United States. (2) For the purposes of this subsection, the term "antitrust laws" includes the Act of July 2, 1890 (26 Stat. 15 U.S.C. 1 et seq.); the Act of October 15, 1914 (38 Stat. 730, 15 U.S.C. 12 et seq.); the Federal Trade Commission Act (38 Stat. 717; 15 U.S.C. 41 et seq.); and sections 73 and 74 of the Act of August 27, 1894. COORDINATION OF APPLICATIONS

43 USC 1771.

SEC. 511. Applicants before Federal departments and agencies other than the Department of the Interior or Agriculture seeking a license, certificate, or other authority for a project which involve a right-ofway over, upon, under, or through public land or National Forest System lands must simultaneously apply to the Secretary concerned for the appropriate authority to use public lands or National Forest System lands and submit to the Secretary concerned all information furnished to the other Federal department or agency. TITLE VI—DESIGNATED MANAGEMENT AREAS CALIFORNIA DESERT CONSERVATION AREA

43 USC 1781.

SEC. 601. (a) The Congress finds that— (1) the California desert contains historical, scenic, archeologi-

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90 STAT. 2783

cal, environmental, biological, cultural, scientific, educational, recreational, and economic resources that are uniquely located adjacent to an area of large population; (2) the California desert environment is a total ecosystem that is extremely fragile, easily scarred, and slowly healed; (3) the California desert environment and its resources, including certain rare and endangered species of wildlife, plants, and fishes, and numerous archeological and historic sites, are seriously threatened by air pollution, inadequate Federal management authority, and pressures of increased use, particularly^ recreational use, which are certain to intensify because of the rapidly growing population of southern California; (4) the use of all California desert resources can and should be provided for in a multiple use and sustained yield management plant to conserve these resources for future generations, and to provide present and future use and enjoyment, particularly outdoor recreation uses, including the use, where appropriate, of offroad recreational vehicles; (5) the Secretary has initiated a comprehensive planning process and established an interim management program for the public lands in the California desert; and (6) to insure further study of the relationship of man and the California desert environment, preserve the unique and irreplaceable resources, including archeological values, and conserve the use of the economic resources of the California desert, the public must be provided more opportunity to participate in such planning and management, and additional management authority must be provided to the Secretary to facilitate effective implementation of such planning and management. (b) It is the purpose of this section to provide for the immediate and future protection and administration of the public lands in the California desert within the framework of a program of multiple use and sustained yield, and the maintenance of environmental quality. (c)(1) For the purpose of this section, the term "California desert" "California means the area generally depicted on a map entitled "California Desert desert." Conservation Area—Proposed" dated April 1974, and described as provided in subsection (c)(2). (2) As soon as practicable after the date of approval of this Act, Revised map the Secretary shall file a revised map and a legal description of the filed with California Desert Conservation Area with the Committees on Interior con§ and Insular Affairs of the United States Senate and the House of committees. Representatives, and such map and description shall have the same force and effect as if included in this Act. Correction of clerical and typographical errors in such legal description and a map may be made by the Secretary. To the extent practicable, the Secretary shall make such legal description and map available to the public promptly upon request. (d) The Secretary, in accordance with section 202 of this Act, shall Ante, p. 2747. prepare and implement a comprehensive, long-range plan for the management, use, development, and protection of the public lands within the California Desert Conservation Area. Such plan shall take into account the principles of multiple use and sustained yield in providing for resource use and development, including, but not limited to, maintenance of environmental quality, rights-of-way, and mineral development. Such plan shall be completed and implementation thereof initiated on or before September 30, 1980.

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 90 STAT. 2784 Interim program.

Mining claims. Regulations.

California Desert Conservation Area Advisory Committee. Establishment.

Management.

Consultation.

Report to Congress.

Appropriation authorization.

PUBLIC LAW 94-579—OCT. 21, 1976 (e) During the period beginning on the date of approval of this Act and ending on the effective date of implementation of the comprehensive, long-range plan, the Secretary shall execute an interim program to manage, use, and protect the public lands, and their resources now in danger of destruction, in the California Desert Conservation Area, to provide for the public use of such lands in an orderly and reasonable manner such as through the development of campgrounds and visitor centers, and to provide for a uniformed desert ranger force. (f) Subject to valid existing rights, nothing in this Act shall affect the applicability of the United States mining laws on the public lands within the California Desert Conservation Area, except that all mining claims located on public lands within the California Desert Conservation Area shall be subject to such reasonable regulations as the Secretary may prescribe to effectuate the purposes of this section. Any patent issued on any such mining claim shall recite this limitation and continue to be subject to such regulations. Such regulations shall provide for such measures as may be reasonable to protect the scenic, scientific, and environmental values of the public lands of the California Desert Conservation Area against undue impairment, and to assure against pollution of the streams and waters within the California Desert Conservation Area. (g)(1) The Secretary, within sixty days after the date of approval of this Act, "shall establish a California Desert Conservation Area Advisory Committee (hereinafter referred to as "advisory committee") in accordance with the provisions of section 309 of this Act. (2) It shall be the function of the advisory committee to advise the Secretary with respect to the preparation and implementation of the comprehensive, long-range plan required under subsection (d) of this section. (h) The Secretary of Agriculture and the Secretary of Defense shall manage lands within their respective jurisdictions located in or adjacent to the California Desert Conservation Area, in accordance with the laws relating to such lands and wherever practicable, in a manner consonant with the purpose of this section. The Secretary the Secretary of Agriculture, and the Secretary of Defense are autnorized and directed to consult among themselves and take cooperative actions to carry out the provisions of this subsection, including a program of law enforcement in accordance with applicable authorities to protect the archeological and other values of the California Desert Conservation Area and adjacent lands. (i) The Secretary shall report to the Congress no later than two years after the date of approval of this Act, and annually thereafter, on the progress in, and any problems concerning, the implementation of this section, together with any recommendations, which he may deem necessary, to remedy such problems. (j) There are authorized to be appropriated for fiscal years 1977 through 1981 not to exceed $40,000,000 for the purpose of this section, such amount to remain available until expended. KING RANGE

16 USC 460y-8.

SEC. 602. Section 9 of the Act of October 21, 1970 (84 Stat. 1067), is amended by adding a new subsection (c), as follows: "(c) In a(idition to the lands described in subsection (a) of this section, the land identified as the Punta Gorda Addition and the Southern Additions on the map entitled 'King Range National Con-

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90 STAT. 2785

servation Area Boundary Map No. 2, dated July 29, 1975, is included in the survey and investigation area referred to in the first section of this Act.". BUREAU OP LAND MANAGEMENT WILDERNESS STUDY

SEC. 603. (a) Within fifteen years after the date of approval of this Act, the Secretary shall review those roadless areas of five thousand acres or more and roadless islands of the public lands, identified during the inventory required by section 201(a) of this Act as having wilderness characteristics described in the Wilderness Act of September 3, 1964 (78 Stat. 890; 16 U.S.C. 1131 et seq.) and shall from time to time report to the President his recommendation as to the suitability or nonsuitability of each such area or island for preservation as wilderness: Provided, That prior to any recommendations for the designation of an area as wilderness the Secretary shall cause mineral surveys to be conducted by the Geological Survey and the Bureau of Mines to determine the mineral values, if any, that may be present in such areas: Provided further, That the Secretary shall report to the President by.Tuly 1, 1980, his recommendations on those areas which the Secretary has prior to November 1, 1975, formally identified as natural or primitive areas. The review required by this subsection shall be conducted in accordance with the procedure specified in section 3(d) of the Wilderness Act. (b) The President shall advise the President of the Senate and the Speaker of the House of Representatives of his recommendations with respect to designation as wilderness of each such area, together with a map thereof and a definition of its boundaries. Such advice by the President shall be given within two years of the receipt of each report from the Secretary. A recommendation of the President for designation as wilderness shall become effective only if so provided by an Act of Congress. (c) During the period of review of such areas and until Congress has determined otherwise, the Secretary shall continue to manage such lands according to his authority under this Act and other applicable law in a manner so as not to impair the suitability of such areas for preservation as wilderness, subject, however, to the continuation of existing mining and grazing uses and mineral leasing in the manner and degree in which the same was being conducted on the date of approval of this Act: Provided, That, in managing the public lands the Secretary shall by regulation or otherwise take any action required to prevent unnecessary or undue degradation of the lands and their resources or to afford environmental protection. Unless previously withdrawn from appropriation under the mining laws, such lands shall continue to be subject to such appropriation during the period of review unless withdrawn by the Secretary under the procedures of section 204 of this Act for reasons other than preservation of their wilderness character. Once an area has been designated for preservation as wilderness, the provisions of the Wilderness Act which apply to national forest wilderness areas shall apply with respexjt to the administration and use of such designated area, including mineral surveys required by section 4(d)(2) of the Wilderness Act, and mineral development, access, exchange of lands, and ingress and egress for mining claimants and occupants.

Review; report to President.

43 USC 1782.

Report to President.

Recommendations to President of the Senate and Speaker of the House.

Regulation.

Ante, p. 2751. 16 USC 1131 note. 16 USC 1133.

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 90 STAT. 2786

PUBLIC LAW 94-579—OCT. 21, 1976 TITLE VII — E F F E C T ON E X I S T I N G R I G H T S; E E P E A L OF E X I S T I N G LAWS; SEVERABILITY EFFECT ON EXISTING RIGHTS

43 USC 1701 °°*®-

'^

SEC. 701. (a) Nothing in this Act, or in any amendment made by this Act, shall be construed as terminating any valid lease, permit, patent, right-of-way, or other land use right or authorization existing on the date of approval of this Act. (b) Notwithstanding any provision of this Act, in the event of conflict with or inconsistency between this Act and the Acts of August 28, 1937 (50 Stat. 874; 43 U.S.C. 1181a-1181j), and May 24, 1939 (53 Stat. 753), insofar as they relate to management of timber resources, and disposition of revenues from lands and resources, the latter Acts shall prevail. (c) All withdrawals, reservations, classifications, and designations in effect as of the date of approval of this Act shall remain in full force and effect until modihed under the provisions of this Act or other applicable law. (d) Nothing in this Act, or in any amendments made by this Act, shall be construed as permitting any person to place, or allow to be placed, spent oil shale, overburden, or byproducts from the recovery of other minerals found with oil shale, on any Federal land other than Federal land which has been leased for the recoveiy of shale oil under the Act of February 25, 1920 (41 Stat. 437, as amended; 30 U.S.C. 181 et seq.). (e) Nothing in this Act shall be construed as modifying, revoking, or changing any provision of the Alaska Native Claims Settlement Act (85 Stat. 688, as amended; 43 U.S.C. 1601 et seq.). (f) Nothing in this Act shall be deemed to repeal any existing law by implication. (g) Nothing in this Act shall be construed as limiting or restricting the power and authority of the United States or— (1) as affecting in any way any law governing appropriation or use of, or Federal right to, water on public lands; (2) as expanding or diminishing Federal or State jurisdiction, responsibility, interests, or rights in water resources development or control; (3) as displacing, superseding, limiting, or modifying any interstate compact or the jurisdiction or responsibility of any legally established joint or common agency of two or more States or of two or more States and the Federal Government; (4) as superseding, modifying, or repealing, except as specifically set forth in this Act, existing laws applicable to the various Federal agencies which are authorized to develop or participate in the development of water resources or to exercise licensing or regulatory functions in relation thereto; (5) as modifying the terms of any interstate compact; (6) as a limitation upon any State criminal statute or upon the police power of the respective States, or as derogating the authority of a local police officer in the performance of his duties, or as depriving any State or political subdivision thereof of any right it may have to exercise civil and criminal jurisdiction on the national resource lands; or as amending, limiting, or infringing the existing laws providing grants of lands to the States. (h) All actions by the Secretary concerned under this Act shall be subject to valid existing rights.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1319

 PUBLIC LAW 94-579—OCT. 21, 1976

90 STAT. 2787

(i) The adequacy of reports required by this Act to be submitted to the Congress or its committees shall not be subject to judicial review. (j) Nothing in this Act shall be construed as affecting the distribution of livestock grazing revenues to local governments under the Granger-Thye Act (64 Stat. 85, 16 U.S.C. 580h), under the Act of May 23, 1908 (35 Stat. 260, as amended; 16 U.S.C. 600), under the Act of March 4, 1913 (37 Stat. 843, as amended; 16 U.S.C. 501), and under the Act of June 20, 1910 (36 Stat. 557). REPEAIi OF LAWS RELATING TO H0ME8TEADING AND SMALL 'WtACTS

SEC. 702. Effective on and after the date of approval of this Act, Effective the following statutes or parts of statutes are repealed except the <^*t«effective date shall be on and after the tenth anniversary of the date of approval of this Act insofar as the listed homestead laws apply to public lands in Alaska: Act of 1. Homesteads: Revised Statute 2289 Mar. 3, 1891 Revised Statute 2290 Revised Statute 2295 Revised Statute 2291 June 6, 1912 May 14, 1880 June 6, 1900 Aug. 9, 1912 Apr. 6, 1914 Mar. 1, 1921 Oct. 17, 1914 Revised Statute 2297 Mar. 31, 1881 Oct. 22, 1914 Revised Statute 2292 June 8, 1880 Revised Statute 2301 Mar. 3, 1891 June 3, 1896 Revised Statute 2288 Mar.3, 1891 Mar. 3, 1905 Revised Statute 2296 Apr. 28, 1922 May 17, 1900 Jan. 26, 1901 Sept. 5, 1914 Revised Statute 2300 Aug. 31, 1918 Sept. 13, 1918 Revised Statute 2302 July 26, 1892 Feb. 14, 1920 Jan. 21, 1922 Dec. 28, 1922 June 12, 1930 Feb. 26, 1925 June21, 1934 May 22, 1902 June6, 1900 Mar. 3, 1876 July 4, 1884

Chapter

Section

statute at Large

561

5

26:1097

153 89 821. 280 51 90 326

37:123 21:141 31:683 37:267 38:312 41:1198 38: 740

153 335

21:611 38:766

136 561 312

, .'

21:166 6 2

26:1098 29:197

3

26:1097 36:991

155 479 180 294

1

42:502 81:179 31: 740 38:712

166 173

8

40:957 40:960

661 1424

251 76 32 19 471 326 690 821 716 131 180

2

27:270 41:434 42:368 42:1067 46:580 43: 081 48:1186 82:203 31:270 18:420 23:96

43 U.S. Code 161,171. 161,162. 162. 168. 164. 164,169,218. 166,185,202,223. 166,223. 167. 168. 169. 17a 171. 172. 173. 174. 176. 179. 18a 182. 18&, 184,201. 186. 18a 187. 187a. 187b. 188,217. 189. 190.

16 Only last paragraph of sec. 1. Mar. 1, 1933 160 l 47:1418 190a. The following words only: "Provided, That no further allotments of lands to Indians on the public domain shall be made In San Juan County, Utah, nor shall further Indian homesteads be made in said county under the Act of July 4, 1884 (23 Stat. 96; U.S.C. title 48, seo. 190)." Revised Statutes 2310.2311 191. June 13, 1902 1080 32:384. 203. Mar. 3, 1879 191 20:472 204. July 1, 1879. 60 21:46 206. May 6, 1886 88 24:22 206. Aug. 21, 1916 361 89:618 207. June 3, 1924 240 43: 367 208. Revised Statute 2298 211. Aug. 30, 1890 837 26:391 218.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1320

 90 STAT. 2788

PUBLIC LAW 94-579—OCT. 21, 1976 Act of

Chapter

statute at Large

Section

43 U.S. Code

The following words only: "No person who shall after the passage of this act, enter upon any of the public lands with a view to occupation, entry or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate, under all of said laws, but this limitation shall not operate to curtail the right of any person who has heretofore made entry or settlement on the public lands, or whose occupation, entry or settlement, is validated by this act:" Mar. 3, 1891

561

17

26:1101

The following words only: "and that the provision of 'An Act making appropriations for sundry civil expenses of the Government for the fiscal year ending June thirtieth, eighteen hundred and ninety-one, and for other piuposes,' which reads as follows, viz: 'No person who shall after the passage of this act enter upon any of the public lands with a view to occupation, entry or settlement under any of the land laws shall be permitted to acquire title to more than three hundred and twenty acres in the aggregate under all said laws,' shall be construed to include in the maximum amount of lands the title to which is permitted to be acquired by one person only agricultural lands and not to include lands entered or sought to be entered under mineral land laws." Apr. 28, 1904 Aug. 3, 1950 Mar. 2, 1889 Feb. 20, 1917 Mar. 4, 1921. Feb. 19, 1909 June 13, 1912 Mar. 3, 1915 Mar. 3, 1915 Mar. 4, 1915. July s, 1916 Feb. 11, 1913 June 17, 1910 Mar. 3, 1915 Sept. 5, 1916 Aug. 10, 1917 Mar. 4, 1915. Mar. 4, 1923 Apr. 28, 1904 Mar. 2, 1907 May 29, 1908 Aug. 24, 1912 Aug. 22, 1914 Feb. 26, 1919 July 3, 1916 Sept. 29, 1919 Apr. 6, 1922 Mar. 2, 1889 Dec. 29, 1894 July 1, 1879 Dec. 20, 1917 July 24, 1919

1776 521 381 98 162 160 166 84 91 150 220 39 298 91 440 52 150 245 1801 2627 220 371 270 21 214 64 122 381 14 63 6 126

Mar. 2, 1932 May 21, 1934 May 22, 1935 Aug. 19, 1935 Mar. 31, 1938 Apr.20, 1936 July 30, 1956 Mar. 1, 1921 Apr. 7, 1922 Revised Statute 2308 June 16, 1898 Aug. 29, 1916 Apr. 7, 1930 Mar, 3, 1933... Mar, 3, 1879 Mar. 2, 1889 June 3, 1878 Revised Statute 2294 May 26, 1890 Mar. 11, 1902 Mar. 4, 1904 Feb. 23, 1923 Revised Statute 2293 Oct. 6, 1917 Mar. 4, 1913

69 320 136 660 67 239 778 102 125

May 13, 1932 Juno 16, 1933 June 26, 1936 June 16, 1937 Aug. 27, 1935 Sept. 30, 1890. June 16, 1880 Apr. 18, 1904

458 420 108 198 192 381 162

6 1

2

10., 1 1 7 -

3 1 Next to last paragraph only. -

1,2,4

7

33:527 64: 398 25:854 39:925 41:1433 35:639 37:132 38:953 38:957 38:1163 39:344 37:666 36:531 38:967 39: 724 40:275 38:1162 42:1445 33:647 34:1224 35:466 37:499 38:704 40:1153 39:341 41:288 42:491 25:854 28:599 21:48 40:430 41:271 47:59 48:787 49:286 49:669 62:149 49:1236 70:716 41:1202 42:492 30:473 39:671 46:144 47:1424 20:472 25:866 20:91

355 182 394 105

40:391 37: 925

214. 215. 216. 218.

218,219. 219.

220. „ - 222. 224.

231. 232. 233. 233,272,273. 234. 236. 236. 237. 237a. 237b. 237c, 237d. 237e. 237f,g,h. 238. 239. 240. 243. 243a. 261. 252. 253. 264.

26:121 32:63 33:69 42:1281

86 149

213.

265.

178 99 419 381 - 770 J. Res. 59 244 25

Only last paragraph of section headed "Publio Land Service."

47:153 48:274 49:504 60:303 49:909 26:684 21:287 33:689

256.

256a.

256b. 261. 263.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1321

 PUBLIC LAW 94-579—OCT. 21, 1976 Act of

Chapter

Section

statute at Large

90 STAT. 2789 43 U.S. Code

Revised Statute 2304 271. Mar. 1, 1901 674 31:847 271,272. Revised Statute 2305 272. Feb. 25, 1919 37 40:1161 272a. Dec. 28, 1922 19 42:1067

Revised Statute 2306 274. Mar. 3, 1893 208 27:593 276. The following words only: "And provided further: That where soldier's additional homestead entries have been made or Initiated upon certificate of the Commissioner of the General Land Office of the right to make such entry, and there is no adverse claimant, and such certificate Is found erroneous or invalid for any cause, the purchaser thereunder, on making proof of such purchase, may perfect his title by payment of the Government price for the land: but no person shall be permitted to acquire more than one hundred and sixty acres of public land through the location of any such certificate." Aug. 18, 1894 301 Only last 28:397 276. paragraph of section headed "Surveying the Public Lands." Revised Statute 2309 277. Revised Statute 2307 278. Sept. 21, 1922 357 42:990 Sept. 27, 1944 421 58:747. 279-283. June 25, 1946 474 i. 60:308 279. May 31, 1947 88 61:123 279,280,282. June 18, 1954. 306 68:253.. 279,282. Junes, 1948. 399... 62:305.. 283,284. Dec. 29, 1916 9 1-8 39:862 291-298. Feb. 28, 1931 328 46:1454 291. June 9, 1933. 53.. 48:119 291. June 6, 1924 274 46:469 292. Oct.25, 1918 195 40:1016 293. Sept. 29, 1919 63 41:287 294,295. Mar. 4, 1923. 245 2 42:1445.. 302. Aug. 21, 1916.... 361 39: 518. 1075. Aug. 28, 1937 876 3 50:875 1181c. 2. Small tracts: June 1, 1938 317 52:609. 682a-e. June 8, 1954 270 68:239 July 14, 1945 298 59: 467 REPEAL OF LAWS RELATED TO DISPOSAL

SEC. 703. (a) Effective on and after the tenth anniversary of the Effective date of approval of this Act, the statutes and parts of statutes listed <*® ^* below as "Alaska Settlement Laws", and effective on and after the date of approval of this Act, the remainder of the following statutes and parts of statutes are hereby repealed: Act of 1. Sale and Disposal Laws: Mar. 3, 1891 Revised Statute 2354 Revised Statute 2355 May 18, 1898 Revised Statute 2365 Revised Statute 2357 June 15, 1880 Mar. 2, 1889.. Mar. 1, 1907 Revised Statute 2361 Revised Statute 2362... Revised Statute 2363 Revised Statute 2368 evised Statute 2366 evised Statute 2369 Revised Statute 2370 Revised Statute 2371 Revised Statute 2374 Revised Statute 2372 Feb. 24, 1909 May 21, 1926

Chapter

Section

statute at Large

561

9

26:1099

2

30:418 -

3,4 4

21:238 25:854 34:1052

-.. 344.... 227-. 381 2286

-

t

Revised Statute 2375 Revised Statute 2376 Mar. 2, 1889

181 353 381

The 2 provisos only. 1..

35:645 44:591 25:854

43 U.S. Code 671. 673. 674. 675. 676. 678. 679-680. 681. 682. 688. 689. 690. 691. 692. 693. 694. 695. 696. 697. 698. 699. 70a

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1322

 90 STAT. 2790

PUBLIC LAW 94-579—OCT. 21, 1976 Act of

Chapter

Section

statute at Large

43 U.S. Code

2. Townsite Reservation and Sale: Revised Statute 2380 711. Revised Statute 2381 712. Revised Statute 2382 713. Aug. 24, 1954 904 68: 792 Revised Statute 2383 714. Revised Statute 2384 715. Revised Statute 2386.717. Revised Statute 2387 718. Revised Statute 2388 719. Revised Statute 2389 720. Revised Statute 2391 721. Revised Statute 2392 722. Revised Statute 2393.723. Revised Statute 2394 724. Mar. 3, 1877 113 1,3,4 19:392 725-727. Mar. 3, 1891 561 16 26:1101 728. July 9, 1914 138 38:454 730. Feb. 9, 1903 531 32:820 731. 3. Drainage Under State Laws: May 20, 1908 181 1-7 35:171 1021-1027. Mar. 3, 1919 113 40:1321 1028. May 1, 1958... P. L. 85-387 72:99 1029-1034. Jan. 17, 1920 . — 47 41:392 1041-1048. 4. Abandoned Military Reservation: July s, 1884 214 5 23:104 1074. Aug. 21, 1916 361 39:518 1075. Mar. 3, 1893 208 27:593 1076. The following words only: "Provided, That the President is hereby authorized by proclamation to withhold from sale and grant for public use to the municiptJ corporation in which the same is situated all or any portion of any abandoned military reservation not exceeding twenty acres in one place." Aug. 23, 1894 314 23:491 1077, 1078. Feb. 11, 1903 543 32:822 1079. Feb. 15, 1895 92 28:664 1080, 1077. Apr. 23, 1904 1496 33:306 1081. 5. Public Lands; Oklahoma: May 2, 1890 182 Last para26:90 1091-1094, 1096, graph of sec. 1097. 18 and sees. 20, 21, 22, 24,27. Mar. 3, 1891 548 16 26:1026 1098. Aug. 7, 1946 772.... 1,2 60:872 1100-1101. Aug. 3, 1955 498 1-8 69:445 1102-1102g. May 14, 1890 207 26:109 1111-1117. Sept. 1, 1893 J. Res. 4 28:11 1118. May 11, 1896 168 1,2 29:116 1119. Jan. 18, 1897 62 1-3,6,7 29:490 1131-1134. June 23, 1897 8 30:105 Mar. 1, 1899.. 328 30:966. 6. Sales of Isolated Tracts: Revised Statute 2455.. 1171. Feb. 26, 1895 133 28:687 June 27, 1906 3554 34:517. Mar. 28, 1912 67 37: 77 Mar. 9, 1928 164 45:253 June 28, 1934 865 14 48:1274 July 30, 1947 , 383 61:630. Apr. 24, 1928 428 45:457 1171a. May 23, 1930. 313 46:377 1171b. Feb. 4, 1919.— 13 40:1055 1172. May 10, 1920 178 41:695 1173. Aug. 11, 1921 62 42:159 1175. May 19, 1926 337 44:566 1176. Feb. 14, 1931 170 46:1106 1177. 7. Alaska Special Laws: Mar. 3, 1891 561 11 26:1099. 732. May 25, 1926 379 44:629 733-736. May 29, 1963 P.L. 88-34 77:62 July 24, 1947 305.— 61:414 738. Aug. 17, 1961 P.L. 87-147 75:384 270-13. Oct. 3, 1962 P.L. 87-742 76: 740 July 19, 1963 P. L. 86-66 77:80. 687b-S. May 14, 1898 - 299 130:409 270. Mar. 3, 1903 1002 32:1028 Apr. 29, 1950 137..1 64:94 Aug. 3, 1955 496.. 69:444 270, 687ar-2. Apr. 29, 1950 137 2^ 64:96 270^,260-6, 270-7, 687a-l. July 11, 1956 671 2 70:629 270-7. July 8, 1916 228 ^ 39:352 270-8,270-9. June 28, 1918 -.110 40:632 270-10,270-14. July 11, 1956571 1 70:528 8. Alaska Settlement Laws: Mar. 8, 1922 96 1 42:416 270-11. Aug. 23, 1958 P.L. 85-726.... 1,4 72:730. Apr. 13, 1926 121 44:243 270-16. Apr. 29, 1950 134 3 64:93 270-16,270-17. May 14, 1898 299 10 30:413 270-4, 687a to 687ar6.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1323

 90 STAT. 2791

PUBLIC LAW 94-579—OCT. 21, 1976 Act of Mar. 3, 1927 May 26, 1934 Aug. 23, 1958 Mar. 3, 1891 Aug. 30, 1949 9. Pittman Underground Water Act: Sept. 22, 1922.

Statute at Large

43 U.S. Code

323 357 P.L. 85-725.— 3 561 13 521.

44:1364 48:809 72: 730 26:1100 63:679

687a-6. 687b to 687b-4.

400

42:1012

356.

Chapter

Section

(c) Effective on and after the tenth anniversary of the date of approval of this Act, section 2 of the Act of March 8, 1922 (42 Stat. 415, 416), as amended by section 2 of the Act of August 23, 1958 (72 Stat. 730), is further amended to read: "The coal, oil, or gas deposits reserved to the United States in accordance with the Act of March 8, 1922 (42 Stat. 415; 43 U.S.C. 270-11 et seq.), as added to by the Act of August 17, 1961 (75 Stat. 384; 43 U.S.C. 270-13), and amended by the Act of October 3, 1962 (76 Stat. 740; 43 U.S.C. 270-13), shall be subject to disposal by the United States in accordance with the provisions of the laws applicable to coal, oil, or gas deposits or coal, oil, or gas lands in Alaska in force at the time of such disposal. Any person qualified to acquire coal, oil, or gas deposits, or the right to mine or remove the coal or to drill for and remove the oil or gas under the laws of the United States shall have the right at all times to enter upon the lands patented under the Act of March 8, 1922, as amended, and in accordance with the provisions hereof, for the purpose of prospecting for coal, oil, or gas therein, upon the approval by the Secretary of the Interior of a bond or undertaking to be filed with him as security for the payment of all damages to the crops and improvements on such lands by reason of such prospecting. Any person who has acquired from the United States the coal, oil, or gas deposits in any such land, or the right to mine, drill for, or remove the same, may reenter and occupy so much of the surface thereof incident to the mining and removal of the coal, oil, or gas therefrom, and mine and remove the coal or drill for and remove oil and gas upon payment of the damages caused thereby to the owner thereof, or upon giving a good and sufficient bond or undertaking in an action instituted in any competent court to ascertain and fix said damages: Provided, That the owner under such limited patent shall have the right to mine the coal for use on the land for domestic purposes at any time prior to the disposal by the United States of the coal deposits: Provided further, That nothing in this Act shall be construed as authorizing the exploration upon or entry of any coal deposits withdrawn from such exploration and purchase.". (d) Section 3 of the Act of August 30, 1949 (63 Stat. 679; 43 U.S.C. 687b et seq.), is amended to read: ' "Notwithstanding the provisions of any Act of Congress to the contrary, any person who prospects for, mines, or removes any minerals from any land disposed of under the Act of August 30, 1949 (63 Stat. 679), shall be liable for any damage that may be caused to the value of the land and tangible improvements thereon by such prospecting for, mining, or removal of minerals. Nothing in this section shall be construed to impair any vested right in existence on August 30, 1949.".

Effective date. 43 USC 270-12, 270-12 note. Coal, oil, or gas deposits, disposal.

Alaskan lands, damage liability. 43 USC 687b-2.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1324

 90 STAT. 2792

PUBLIC LAW 94-579--0CT. 21, 1976 REPEAL OF WITHDRAWAL LAWS

Effective date.

Sec. 704. (a) Effective on and after the date of approval of this Act, the implied authority of the President to make withdrawals and reservations resulting from acquiescence of the Congress (U.S. v. Midwest Oil Co., 236 U.S. 459) and the following statutes and parts of statutes are repealed: Act of

Chapter

Section

Statute at Large

43 U.S. Code

Oct. 2, 1888 1069 25:527 662. Only the following portion under the section headed'U.S. Geological Survey: The last sentence of the paragraph relating to investigation of irrigable lands in the arid region, including the proviso at the end thereof. Mar. 3, 1891 561 24 26:1103 16 U.S.C. 471. Mar. 1, 1893-— 183 21 27:510. 33 U.S.C. 681. Aug. 18, 1894 - 301 4 28:422 641. Only that portion of the first sentence of the second paragraph beginning with "and the Secretary of the Interior" and ending with "shall not be approved.' May 14, 1898 - 299 10 30:413 687a-4. Only the fifth proviso of the first paragraph. June 17, 1902 1093.— 3. 32:388 416. Only that portion of section three preceding the first proviso. Apr. 16, 1906 — 1631 1 j. 34:116 561. Only the words "withdraw from public entry any lands needed for townsite purposes", and also after the word "case", the word "and". June 27, 1906 3559 4 34:520. 561. Only the words "withdraw and". Mar. 15, 1910 96 36:237. 643. June25, 1910421 1,2 36:847 141, 142, 16 U.S.C. 471(a). All except the second and third provisos. June 25, 1910 431 13 36:858 148. Mar. 12, 1914 37 1 38:305 975b. Only that portion which authorizes the President to withdraw, locate, and dispose of lands for townsites. Oct. 5, 1914 316 1 38:727. 569(a). June 9, 1916 137. 2 39:219 Under "Class One," only the words "withdrawal and." Dec. 29, 19169 1039:865 300. June 7, 1924348 9 43:655 16 U.S.C. 471. Aug. 19, 1935 561 "Sec. 4" 49:661 22 U.S.C. 277c. In "Sec. 4", only paragraph "c" except the proviso thereof. Mar. 3, 1927 299 4 44:1347 25 U.S.C. 398d. Only the proviso thereof. May 24, 1928 729 4 45:729.. 49 U.S.C. 214. Dec. 21, 1928 42 9 45:1063 617h. Mar. 6, 1946 58 69:36 617h. First sentence only. June 16, 1934.— 557 "Sec. 40(a)"... 48:977. 30 U.S.C. 229a. The proviso only. May 1, 1936 254 2 49:1250. May 31, 1938 304 52:593 25 U.S.C. 497. July 20, 1939 334 53:1071 16 U.S.C. 471b. May 28, 1940 — 220 1 54:224 16 U.S.C. 552a. All except the second proviso. Apr. 11, 1956 203 8 70:110. 620B. Only the words "and to withdraw public lands from entry or other disposition under the public land Aug. 10, 1956

10 U.S.C. 4472, 9772. Aug. 16, 1952 P.L. 87-590. 4 76:389 616c. Only the words "and to withdraw public lands from entry or other disposition under the public land laws."

43 USC 617h.

Chapter 949-. 9772

70A: 588

(b) The second sentence of the Act of March 6, 1946 (60 Stat. 36; 43 U.S.C. 617(h)), is amended by deleting "Thereafter, at the direction of the Secretary of the Interior, such lands" and by substituting therefor the following: "Lands found to be practicable of irrigation and reclamation by irrigation works and withdrawn undej* the Act of March 6, 1946 (43 U.S.C. 617(h))». REPEAL o r LAW RELATING TO ADMINISTRATION OF PUBLIC LANDS

Effective date.

SEC 705. (a) Effective on and after the date of approval of this Act, the following statutes or parts of statutes are repealed:

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1325

 PUBLIC LAW 94-579—OCT. 21, 1976 Act of

Chapter

1. Mar. 2, 1895 2. June 28, 1934 June 26, 1936 June 19, 1948 July 9, 1962 3. Aug. 24, 1937 4. Mar. 3, 1909

-

June 25, 1910 6. June 21, 1934 6. Revised Statute Revised Statute 7. June6, 1874 8. Jan. 28, 1879 9. May 30, 1894 10. Revised Statute Revised Statute Revised Statute 11. July 14, 1960 12. Sept. 26, 1970 13. July 31, 1939

174 865 842 548—P.L. 87-524 744 271

statute at Large

Section

2d proviso only.

J. Res. 40 689

36: 884 48:1185

223 30 87.

18:62 20:274 28:84

P.L. 86-649--. 101-202(a), 203-204(a), 301—303 P.L. 91-429 ..'401 1,2...

74: 506

2447 2448

2471 2472 2473

TO

43 U.S. Code

28: 744 176. 48:1272 315g. 49:1976, title I. 62:533 76: 140 315g-l. 50:748 315p. 35:845 772.

8 3 1

R E P E A L OF L A W S R E L A T I N G

90 STAT. 2793

84: 885 63:1144

871a. 1151. 1152. 1153; 1154. 1155. 1156. 1191. 1192. 1193. 1361, 1362, 13631383. 1362a.

RIGHTS-OF-WAY

SEC. 706. (a) Effective on and after the date of approval of this Effective Act, R.S. 2477 (43 U.S.C. 932) is repealed in its entirety and the fol- date, lowing statutes or parts of statutes are repealed insofar as they apply to the issuance of rights-of-way over, upon, under, and through the public lands and lands in the National Forest System: Act of

Chapter

Section

Statute at Large

43 U.S. Code

Revised Statutes 2339 661, The following words only: "and the right-of-way for the construction of ditches and canals for the purpose herein specified is acknowledged and confirmed: but whenever any person, in the construction of any ditch or canal, Injvures or damt^es the possession of any settler on the public domain, the party committing such injury or damages shall be liable to the party injured for such injury or damage." Revised Statutes 2340 661. The following words only: ", or rights to ditches and reservoirs used in connection with such water rights," Feb. 26, 1897 335 29:599 664. Mar. 3, 1899. 427 1. 30:1233 665,958, (16 U.S.C. 525). The following words only: "that in the form provided by existing law the Secretary of the Interior may file and approve siu-veys and plots of any right-of-way for a wagon road, railroad, or other highway over and across any forest reservation or reservoirs site when in his judgment the public interests will not be injuriously aflected thereby." Mar. 3, 1875 152 18:482 934-939. May 14, 1898 299 2-9 30:409 942-1 to 942-9. Feb. 27, 1901 614 31:815 943. June 26, 1906. 3548^ 34:481 944. Mar. 3, 1891561 18-21 26:1101 946-949. Mar. 4, 1917. 184 1 39:1197 May 28, 1926 409 44:668 Mar. 1, 1921. 93. 41:1194 950. Jan. 13, 1897 IL 20:484 952-955. Mar. 3, 1923... 219 42:1437 Jan. 21, 1895 37. 28:635 951,956,957. May 14, 1896 179 29:120 May 11, 1898 292 30:404 Mar. 4, 1917. 184 2 39:1197 Feb. 15, 1901 372 31:790 959 (16 U.S.C. 79, 522). Mar. 4, 1911. ......238. 36:1253 951 (16 U.S.C. 5, 420, 523). Only the last two paragraphs under the subheading "Improvement of the National Forests" under the healing "Forest Service." May 27, 1952 338 66:95 May 21, 1896 212 29:127 962-965. Apr. 12, 1910 155 36:296 966-970. June 4, 1897 2.... 1 30:35 16 U.S.C. 551. Only the eleventh paragraph under Surveying the public lands. July 22, 1937 517 31,32... 50:525 7 U.S.C. lOlO1012. Sept. 3, 1954... 1255. 1 68:1146 931c. July7, 1960 PublicLaw 74:363 40 U.S.C. 345c. 86-608. Oct. 23, 1962 PublicLaw 1-3 76:1129 40 U.S.C. 31987-852. 319c. Feb. 1, 1905. 288 4 33:628 16 U.S.C. 524.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1326

 90 STAT. 2794 43 USC 1701 °"t«-

PUBLIC LAW 94-579—OCT. 21, 1976 (b) Nothing in section 706(a), except as it pertains to rights-of-way, may be construed as affecting the authority of the Secretary of Agriculture under the Act of June 4, 1897 (30 Stat. 35, as amended, 16 U.S.C. 551); the Act of July 22, 1937 (50 Stat. 525, as amended, 7 U.S.C. 1010-1212); or the Act of September 3, 1954 (68 Stat. 1146, 43 U.S.C.931C). SEVERABILITY

43 USC 1701 note.

SEC. 707. If any provision of this Act or the application thereof is jield invalid, the remainder of the Act and the application thereof shall not be affected thereby. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORTS: No. 94-1163 accompanying H.R. 13777 (Coram, on Interior and Insular Affairs) and No. 94-1724 (Comm. of Conference). SENATE REPORT No. 94-583 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Feb. 23, 25, considered and passed Senate. July 22, considered and passed House, amended, in lieu of H.R. 13777. Sept. 30, House agreed to conference report. Oct. 1, Senate agreed to conference report.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1327

 PUBLIC LAW 94-580—OCT. 21, 1976

90 STAT. 2795

Public Law 94-580 94th Congress An Act To provide technical and financial assistance for the development of management plans and facilities for the recovery of energy and other resources from discarded materials and for the safe disposal of discarded materials, and to regulate the management of hazardous waste.

Oct. 21, 1976 [S. 2150]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Resource SHORT TITLE

Conservation and XnV^^ ^'* ""^

1. This Act may be cited as the "Resource Conservation and 42 USC 6901 Recovery Act of 1976". noteSECTION

AMENDMENT OF SOLID WASTE DISPOSAL ACT

SEC. 2. The Solid Waste Disposal Act (42 U.S.C. 3251 and following) is amended to read as follows: " TITLE II - ^ O L I D WASTE DISPOSAL "Subtitle A—General Provisions "SHORT TITLE AND TABLE OP CONTENTS^

"SEC. 1001. This title (hereinafter in this title referred to as 'this 42 USC 6901 Act'), together with the following table of contents, may be cited as the °o*e. 'Solid Waste Disposal Act': "Subtitle A—General Provisions "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

1001. 1002. 1003. 1004. 1005. 1006. 1007. 1008.

Short title and table of contents. Congressional findings. Objectives. Definitions. Governmental cooperation. Application of Act and integration with other Acts. Financial disclosure. Solid waste management information and guidelines.

"Subtitle B—Office of Solid Waste; Authorities of the Administrator "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

2001. 2002. 2003. 2004. 2005. 2006.

Office of Solid Waste. Authorities of Administrator. Resource recovery and conservation panels. Grants for discarded tire disposal. Annual report. General authorization. "Subtitle C—Hazardous Waste Management

"Sec. "Sec. "Sec. "Sec.

3001. 3002. 3003. 3004.

Identification and listing of hazardous waste. Standards applicable to generators of hazardous waste. Standards applicable to transporters of hazardous waste. Standards applicable to owners and operators of hazardous waste treatment, storage, and disposal facilities. "Sec. 3005. Permits for treatment, storage, or disposal of hazardous waste. "Sec. 3006. Authorized State hazardous waste programs. "Sec. 3007. Inspections.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1328

 90 STAT. 2796

PUBLIC LAW 94-580—OCT. 21, 1976

"Sec. "Sec. "Sec. "Sec, "Sec. "Sec. "Sec. "Sec. ,j,.,

c

"Sec. 'Sec. "Sec. "Sec. "Sec.

"Subtitle C—Hazardous Waste Management—Continued 3008. Federal enforcement. 3009. Retention of State authority. 3010. Effective date. 3011. Authorization of assistance to States.

' ^'

"Subtitle D—State or Regional Solid Waste Plans 4001. Objectives of subtitle. 4002. Federal guidelines for plans. 4003. Minimum requirements for approval of plans. 4004. Criteria for sanitary landfills; sanitary landfills required for all disposal. 4005. Upgrading of open dumps. 4006. Procedure for development and implementation of State plan. 4007. Approval of State plan; Federal assistance. 4008. Federal assistance, 4009. Rural communities assistance.

"Subtitle E—Duties of the Secretary of Commerce in Resource and Recovery "Sec. 5001. Functions. "Sec. 5002. Development of specifications for secondary materials. "Sec. 5003. Development of markets for recovered materials. "Sec. 5004. Technology promotion. ...•..,.< "Sec. "Sec. "Sec. "Sec. i^ ' ''-

"Subtitle F—Federal Responsibilities 6001. Application of Federal, State, and local law to Federal facilities. 6002. Federal procurement. 6003. Cooperation with Environmental Protection Agency. 6004. Applicability of solid waste disposal guidelines to executive agencies.

"Subtitle G—Miscellaneous Provisions "Sec. 7001. Employee protection. "Sec. 7002. Citizen suita "Sec. 7003. Imminent hazard. "Sec. 7004. Petition for regulations; public participation. "Sec. 7005. Separability. "Sec. 7006. Judicial review. "Sec. 7007. Grants or contracts for training projects. "Sec. 7008. Payments. "Sec. 7009. Labor standards.

? i-'*

"Subtitle H—Research, Development, Demonstration, and Information "Sec. "Sec. "Sec. "Sec. "Sec.

8001. 8002. 8003. 8004. 8005.

Research, demonstrations, training, and other activities. Special studies; plans for research, development, and demonstrations. Coordination, collection, and dissemination of information. Full-scale demonstration facilities. Special study and demonstration projects on recovery of useful energy and materials. "Sec. 8006. Grants for resource recovery systems and improved solid waste disposal facilities. "Sec. 8007. Authorization of appropriations. "CONGRESSIONAL FINDINGS

42 USC 6901.

"SEC. 1002. (a) SouD WASTE.—The Congress finds with respect to solid waste— "(1) that the ccmtinuing technological progress and improvement in methods of manufacture, packaging, and marketing of consumer products has resulted in an ever-mounting increase, and in a change in the characteristics, of the mass material discarded by the purchaser of such products; "(2) that the economic and population growth of our Nation, and the improvements in the standard of living enjoyed by our population, have required increased industrial production to meet

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1329

 PUBLIC LAW 94-580—OCT. 21, 1976 our needs, and have made necessary the demolition of old buildings, the construction of new buildings, and the provision of highways and other avenues of transportation, which, together with related industrial, commercial, and agricultural operations, have resulted in a rising tide of scrap, discarded, and waste materials; "(3) that the continuing concentration of our population in expanding metropolitan and other urban areas has presented these communities with serious financial, management, intergovernmental, and technical problems in the disposal of solid wastes resulting from the industrial, commercial, domestic, and other activities carried on in such areas; "(4) that while the collection and disposal of solid wastes should continue to be primarily the function of State, regional, and local agencies, the problems of waste disposal as set forth above have become a matter national in scope and in concern and necessitate Federal action through financial and technical assistance and leadership in the development, demonstration, and application of new and improved methods and processes to reduce the amount of waste and unsalvageable materials and to provide for proper and economical solid-waste disposal practices. " (b) ENVIRONMENT AND HEALTH.—The Congress finds with respect to the environment and health, that— "(1) although land is too valuable a national resource to be needlessly polluted by discarded materials, most solid waste is disposed of on land in open dumps and sanitary landfills; "(2) disposal of solid waste and hazardous waste in or on the land without careful planning and management can present a danger to human health and the environment; " (3) as a result of the Clean Air Act, the Water Pollution Control Act, and other Federal and State laws respecting public health and the environment, greater amounts of solid waste (in the form of sludge and other pollution treatment residues) have been created. Similarly, inadequate and environmentally unsound practices for the disposal or use of solid waste have created greater amounts of air and water pollution and other problems for the environment and for health; "(4) open dumping is particularly harmful to health, contaminates drinking water from underground and surface supplies, and pollutes the air and the land; "(5) hazardous waste presents, in addition to the problems associated with non-hazardous solid waste, special dangers to health and requires a greater degree of regulation than does non-hazardous solid waste; and "(6) alternatives to existing methods of land disposal must be developed since many of the cities in the United States will be running out of suitable solid waste disposal sites within five years unless immediate action is taken; "(<?) MATERIALS.—The Congress finds with respect to materials, that— " (1) millions of tons of recoverable material which could be used are needlessly buried each year; "(2) methods are available to separate usable materials from solid waste; and "(3) the recovery and conservation of such materials can reduce the dependence or the Ignited States on foreign resources and reduce the deficit in its balance of payments.

90 STAT. 2797

42 USC 1857 °°*®33 USC 1251 note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1330

 90 STAT. 2798

PUBLIC LAW 94-580--OCT. 21, 1976 "(d) ENERGY.—The Congress finds with respect to energy, that— " (1) solid waste represents a potential source of solid fuel, oil, or gas that can be converted into energy; "(2) the need exists to develop alternative energy sources for public and private consumption in order to reduce our dependence on such sources as petroleum products, natural gas, nuclear and hydroelectric generation; and "(3) technology exists to produce usable energy from solid waste. u, OBJECTIVES

42 USC 6902.

i

"SEC. 1003. The objectives of this Act are to promote the protection of health and the environment and to conserve valuable material and energy resources by— "(1) providing technical and financial assistance to State and local governments and interstate agencies for the development of solid waste management plans (including resource recovery and resource conservation systems) which will promote improved, solid waste management techniques (including more effective organizational arrangements), new and improved methods of collection, separation, and recovery of solid waste, and the environmentally safe disposal of nonrecoverable residues; "(2) providing training grants in occupations involving the design, operation, and maintenance of solid waste disposal systems; "(3) prohibiting future open dumping on the land and requiring the conversion of existing open dumps to facilities which do not pose a danger to the environment or to health; "(4) regulating the treatment, storage, transportation, and disposal of hazardous wastes which have adverse effects on health and the environment; "(5) providing for the promulgation of guidelines for solid waste collection, transport, separation, recovery, and disposal practices and systems; "(6) promoting a national research and development program for improved solid waste managjement and resource conservation techniques, more effective organizational arrangements, and new and improved methods of collection, separation, and recovery, and recycling of solid wastes and environmentally safe disposal of nonrecoverable residues; "(7) promoting the demonstration, construction, and application of solid waste management, resource recovery, and resource conservation systems which preserve and enhance the quality of air, water, and land resources; and " (8) establishing a cooperative effort among the Federal, State, and local governments and private enterprise in order to recover valuable materials and energy from solid waste. "DEFINmONS

42 USC 6903.

"SEC. 1004. As used in this Act: "(1) The term 'Administrator' means the Administrator of the Environmental Protection Agency. "(2) The term 'construction,' with respect to any project of construction under this Act, means (A) the erection or building of new structures and acquisition of lands or interests therein, or the acquisition, replacement, expansion, remodeling, alteration, modernization.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1331

 PUBLIC LAW 94-580—OCT. 21, 1976

90 STAT. 2799

or extension of existing structures, and (B) the acquisition and installation of initial equipment of, or required in connection with, new or newly acquired structures or the expanded, remodeled, altered, modernized or extended part of existing structures (including trucks and other motor vehicles, and tractors, cranes, and other machinery) necessary for the proj^er utilization and operation of the facility after completion of the project; and includes preliminary planning to determine the economic and engineering feasibility and the public health and safety aspects of the project, the engineering, architectural, legal, fiscal, and economic investigations and studies, and any surveys, designs, plans, working drawings, specifications, and other action necessary for the carrying out of the project, and (C) the inspection and supervision of the process of carrying out the project to completion. "(2A) The term 'demonstration' means the initial exhibition of a new technology process or practice or a significantly new combination or use of technologies, processes or practices, subsequent to the development stage, for the purpose of proving technological feasibility and cost effectiveness. "(3) The term 'disposal' means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste into or on any land or water so that such solid waste or hazardous waste or any constituent thereof may enter the environment or be emitted into the air or discharged into any waters, including ground waters. "(4) The term 'Federal agency' means any department, agency, or other instrumentality of the Federal Government, any independent agency or establishment of the Federal Government including any Government corporation, and the Government Printing Office. " (5) The term 'hazardous waste' means a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may— "(A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or "(B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed. " (6) The term 'hazardous waste generation' means the act or process of producing hazardous waste. " (7) The term 'hazardous waste management' means the systematic control of the collection, source separation, storage, transportation, processing, treatment, recovery, and disposal of hazardous wastes. "(8) For purposes of Federal financial assistance (other than rural communities assistance), the term 'implementation' does not include the acquisition, leasing, construction, or modification of facilities or equipment or the acquisition, leasing, or improvement of land and after December 31, 1979, such term does not include salaries of employees due pursuant to subtitle D of this Act. Post, p. 2813. " (9) The term 'intermunicipal agency' means an agency establislied by two or more municipalities with responsibility for planning or administration of solid waste. "(10) The term 'interstate agency' means an agency of two or more municipalities in different States, or an agency established by two or more States, with authority to provide for the disposal of solid wastes and serving two or more municipalities located in different States. " (11) The term 'long-term contract' means, when used in relation to solid waste supply, a contract of sufficient duration to assure the

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1332

 90 STAT. 2800

Post, p. 2816.

PUBLIC LAW 94-580—OCT. 21, 1976 viability of a resource recovery facility (to the extent that such viability depends upon solid waste supply). "(12) The term 'manifest' means the form used for identifying the ({uantity, composition, and the origin, routing, and destination of hazardous waste during its transportation from the point of generation to the point of disposal, treatment, or storage. "(13) The term 'municipality' (A) means a city, town, borough, county, parish, district, or other public body created by or pursuant to State law, with responsibility for the planning or administration of solid waste management, or an Indian tribe or authorized tribal organization or Alaska Native village or organization, and (B) includes any rural community or unincorporated town or village or any other public entity for which an application for assistance is made by a State or political subdivision thereof. "(14) The term 'open dump' means a site for the disposal of solid waste which is not a sanitary landfill within the meaning of section 4004. "(15) The term 'person'means an individual, trust, firm, joint stock company, corporation (including a government corporation), partnership, association, State, municipality, commission, political subdivision of a State, or any interstate body. "(16) The term 'procurement item' means any device, good, substance, material, product, or other item whether real or personal property which is the subject of any purchase, barter, or other exchange made to procure such item. "(17) The term 'procuring agency' means any Federal agency, or any State agency or agency of a political subdivision of a State which is using appropriated Federal funds for such procurement, or any person contracting with any such agency with respect to work performed under such contract. " (18) The term 'recoverable' refers to the capability and likelihood of being recovered from solid waste for a commercial or industrial use. " (19) The term 'recovered material' means material which has been collected or recovered from solid waste. "(20) The term 'recovered resources' means material or energy recovered from solid waste. "(21) The term 'resource conservation' means reduction of the amounts of solid waste that are generated, reduction of overall resource consmnption, and utilization of recovered resources. "(22) The term 'resource recovery' means the recovery of material or energy from solid waste. " (23) The term 'resource recovery system' means a solid waste management system which provides for collection, separation, recycling, and recovery of solid wastes, including disposal of nonrecoverable waste residues. "(24) The term 'resource recovery facility' means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. " (25) The term 'regional authority' means the authority established or designated under section 4006. "(26) The term 'sanitary landfill' means a facility for the disposal of solid waste which meets the criteria published under section 4004. "(26A) The term 'sludge' means any solid, semisolid or liquid waste generated from a municipal, commercial, or industrial wastewater treatment plant, water supply treatment plant, or air pollution control

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1333

 PUBLIC LAW 94-580—OCT. 21, 1976 facility or any other such waste having similar characteristics and effects. "(27) The term 'solid waste' means any garbage, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, mining, and agricultural operations, and from community activities, but does not include solid or dissolved material in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges which are ix)int sources subject to permits under section 402 of the Federal Water Pollution Control Act, as amended (86 Stat. 880), or source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954, as amended (68 Stat. 923). "(28) The term 'solid waste management' means the systematic administration of activities which provide for the collection, source separation, storage, transportation, transfer, processing, treatment, and disposal of solid waste. "(29) The term 'solid waste management facility' includes (A) any i*esource recovery system or component thereof, (B) any system, program, or facility for resource conservation, and (C) any facility for the treatment of solid wastes, including hazardous wastes, whether such facility is associated with facilities generating such wastes or otherwise. "(30) The terms 'solid waste planning', 'solid waste management', and 'comprehensive planning' include planning or management respecting resource recovery and resource conservation. " (31) The term 'State' means any of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. "(32) The term 'State authority' means the agency established or designated under section 4007. "(33) The term 'storage', when used in connection with hazardous waste, means the containment of hazardous waste, either on a temporary basis or for a period of years, in such a manner as not to constitute disposal of such hazardous waste. " (34) The term 'treatment', when used in connection with hazardous waste, means any method, technique, or process, including neutralization, designed to change the physical, chemical, or biological character or composition of any hazardous waste so as to neutralize such waste or so as to render such waste nonhazardous, safer for transport, amenable for recovery, amenable for storage, or reduced in volume. Such term includes any activity or processing designed to change the physical form or chemical composition of hazardous waste so as to render it nonhazardous. "(35) The term 'virgin material' means a raw material, including previously unused copper, aluminum, lead, zinc, iron, or other metal or metal ore, any undeveloped resource that is, or with new technology will become, a source of raw materials.

90 STAT. 2801

33 USC 1342. 42 USC 2011 ^°^-

Post, p. 2817.

"GOVERNMENTAL COOPERATION

1005. (a) INTERSTATE COOPERATION.—The provisions of this 42 USC 6904. Act to be carried out by States may be carried out by interstate agencies and provisions applicable to States may apply to interstate regions where such agencies and regions have been established by the respective "SEC.

, ],

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1334

 90 STAT. 2802

PUBLIC LAW 94-580—OCT. 21, 1976 States and approved by the Administrator. In any such case, action required to be taken by the Governor of a State, respecting regional designation shall be required to be taken by the Governor of each of the respective States with respect to so much of the interstate region as is within the jurisdiction of that State. " (b) CONSENT or CONGRESS TO COMPACTS.—The consent of the Congress IS hereby given to two or more States to negotiate and enter into agreements or compacts, not in conflict with any law or treaty of the United States, for— "(1) cooperative effort and mutual assistance for the management of solid waste or hazardous waste (or both) and the enforcement of their respective laws relating thereto, and "(2) the establishment of such agencies, joint or otherwise, as they may deem desirable for making effective such agreements or compacts. No such agreement or compact shall be binding or obligatory upon any State a party thereto unless it is agreed upon by all parties to the agreement and until it has been approved by the Administrator and the Congress. "APPLICATION or ACT AND INTEGRATION WITH OTHER ACTS

42 USC 6905. 33 USC 1251 note.

33 USC 1251 note.

"SEC, 1006. (a) APPLICATION or ACT.—Nothing in this Act shall be

construed to apply to (or to authorize any State, interstate, or local authority to regulate) any activity or substance which is subject to the Federal Water Pollution Control Act (33 U.S.C. 1151 and following), the Safe Drinking Water Act (42 U.S.C. 300f and following), ti.e Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 and following), or the Atomic Energy Act of 1954 (42 U.S.C. 2011 and following) except to the extent that such application (or regulation) is not inconsistent with the requirements of such Acts. "(b) INTEGRATION W I T H OTHER ACTS.—The Administrator shall integrate all provisions of this Act for purposes of administration and enforcement and shall avoid duplication, to the maximum extent practicable, with the appropriate provisions of the Clean Air Act (42 U.S.C. 1857 and following), the Federal Water Pollution Control Act (33 U.S.C. 1151 and following), the Federal Insecticide, Fungicide, and Kodenticide Act (7 U.S.C. 135 and following), the Safe Drinking Water Act (42 U.S.C. 300f and following), the Marine Protection, Research and Sanctuaries Act of 1972 (33 U.S.C. 1401 and following) and such other Acts of Congress as grant regulatory authority to the Administrator. Such integration shall be effected only to the extent that it can be done in a manner consistent with the goals and policies expressed in this Act and in the other acts referred to in this subsection. "FINANCIAL DISCLOSURE

42 USC 6906.

"SEC. 1007. (a) STATEMENT.—Each officer or employee of the Administrator who— "(1) performs any function or duty under this Act; and "(2) has any known financial interest in any person who applies for or receives financial assistance under this Act shall, beginning on February 1, 1977, annually file with the Administrator a written statement concerning all such interests held by such officer or employee during the preceding calendar year. Such statement shall be available to the public.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1335

 PUBLIC LAW 94-580—OCT. 21, 1976

90 STAT. 2803

" (b) ACTION BY ADMINISTRATOR.—The Administrator shall—

"(1) act within ninety days after the date of enactment of this

Act—

"(A) to define the term 'known financial interest' for purposes of subsection (a) of this section; and "(B) to establish the methods by which the requirement to file written statements specified in subsection (a) of this section will be monitored and enforced, including appropriate provision for the filing by such officers and employees of such Statements and the review by the Administrator of such statements; and "(2) report to the Congress on June 1, 1978, and of each sue- Report to ceeding calendar year with respect to such disclosures and the actions taken in regard thereto during the preceding calendar year. "(c) EXEMPTION.—In the rules prescribed under subsection (b) of this section, the Administrator may identify specific positions within the Environmental Protection Agency whicn are of a nonpolicymaking nature and pi"ovide that officers or employees occupying such positions shall be exempt from the requirements of this section. "(d) PENALTY.—Any officer or employee who is subject to, and knowingly violates, this section shall be fined not more than $2,500 or imprisoned not more than one year, or both. SOLID WASTE MANAGEMENT INFORMATION AND GUIDELINES

"SEC. 1008. (a) GUIDELINES.—Within one year of enactment of this section, and from time to time thereafter, the Administrator shall, in cooperation with appropriate Federal, State, municipal, and intermunicipal agencies, and in consultation with other interested persons, and after public hearings, develop and publish suggested guidelines for solid waste management. Such suggested guidelines shall— "(1) provide a technical and economic description of the level of performance that can be attained by various available solid waste management practices (including operating practices) which provide for the protection of public health and the environment; " (2) not later than two years after the enactment of this section, describe levels of performance, including appropriate methods and degrees of control, that provide at a minimum for (A) protection of public health and welfare; (B) protection of the quality of ground waters and surface waters from leachates; (C) protection of the quality of surface waters from runoff through compliance with effluent limitations under the Federal Water Pollution Control Act, as amended; (D) protection of ambient air quality through compliance with new source performance standards or requirements of air quality implementation plans under the Clean Air Act, as amended; (E) disease and vector control; (F) safety; and (G) esthetics; and "(3) provide minimum criteria to be used by the States to define those solid waste management practices which constitute the open dumping of solid waste or hazardous waste and are to be prohibited under title IV of this Act. Where appropriate, such suggested guidelines also shall include minimum information for use in deciding the adequate location, d gn, and construction of facilities associated with solid waste management

42 USC 6907.

33 USC 1251 note. 42 USC 1857 note. Minimum criteria of management practices.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1336

 90 STAT. 2804

Notification to congressional committees.

PUBLIC LAW 94-580—OCT. 21, 1976 practices, including the consideration of regional, geographic, demographic, and climatic factors. "(b) NOTICE.—The Administrator shall notify the Committee on Public Works of the Senate and the Committee on Interstate and Foreign Commerce of the House of Representatives a reasonable time before publishing any suggested guidelines, pursuant to this section of the content of such proposed suggested guidelines. "Subtitle B—Office of Solid Waste; Authorities of the Administrator "OFFICE OF SOLID WASTE

Establishment. 42 USC 6911.

"SEC. 2001. The Administrator shall establish within the.Environmental Protection Agency an Office of Solid Waste (hereinafter referred to as the 'Office') to be headed b^ a Deputy Assistant Administrator of the Environmental Protection Agency, The duties and responsibilities (other than duties and responsibilities relating to research and development) of the Administrator under this Act (as modified by applicable reorganization plans) shall be carried out through the Office. "AUTHORITIES OF ADMINISTRATOR

42 USC 6912.

"SEC. 2002. (a) AUTHORITIES.—In carrying out this Act, the Administrator is authorized to— "(1) prescribe, in consultation with Federal, State, and regional authorities, such regulations as are necessary to carry out his functions under this Act; "(2) consult with or exchange information with other Federal agencies undertaking research, development, demonstitttion projects, studies, or investigations relating to solid waste; "(3) provide technical and financial assistance to States or regional agencies in the development and implementation of solid waste plans and hazardous waste management {)rograms; "(4) consult with representatives of science, industry, agriculture, labor, environmental protection and consumer organizations, and other groups, as he deems advisable; and "(5) utilize the information, facilities, personnel and other resources of Federal agencies, including the National Bureau of Standards and the National Bureau of Sie Census, on a reimbursable basis, to perform research and analyses and conduct studies and investigations related to resource recovery and conservation and to otherwise carry out the Administrator's functions under this Act. "(b) REVISION OF REGUIATIONS.—Each regulation promulgated under this Act shall be reviewed and, where necessary, revised not less frequently than every three years. "RESOURCE RECOVERY AND CONSERVATION PANELS

Technical assistance by personnel teams.

42 USC 6913.

"SEC. 2003. The Administrator shall provide teams of personnel, including Federal, State, and local employees or contractors (hereinafter referred to as 'Resource Conservation and Recovery Panels') to provide States and local governments upon request with technical assistance on solid waste management, resource recovery, and resource conservation. Such teams shall include technical, marketing, financial,

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1337

 PUBLIC LAW 94-580—OCT. 21, 1976

90 STAT. 2805

and institutional specialists, and the services of such teams shall be provided without charge to States or local governments. "GRANTS FOR DISCARDED TIRE DISPOSAL

"SEC. 2004. (a) GRANTS.—The Administrator shall make available Eligible grants equal to 5 percent of the purchase price of tire shredders applicants. (including portable shredders attached to tire collection trucks) to 42 USC 6914. those eligible applicants best meeting criteria promulgated under this section. An eligible applicant may be any private purchaser, public bodv, or public-private joint venture. Criteria for receiving ^ a n t s shall be promulgated under this section and shall include the policy to offer any private purchaser the first option to receive a grant, me policy to develop widespread geographic distribution of tire shredding facilities, the need for such facilities within a geographic area, and the projected risk and viability of any such venture. I n the case of an application under this section from a public body, the Administrator shall first make a determination that there are no private purchasers interested in making an application before approving a grant to a public body. "(b) AUTHORIZATION.—There is authorized to be appropriated $750,000 for each of the fiscal years 1978 and 1979 to carry out this section. "ANNUAL REPORT

"SEC. 2005. The Administrator shall transmit to the Congress and the 42 USC 6915. President, not later than ninety days after the end of each fiscal year, a comprehensive and detailed report on all activities of the Office during the preceding fiscal year. Each such report shall include— "(1) a statement of specific and detail objectives for the activities and programs conducted and assisted under this Act; "(2) statements of the Administrator's conclusions as to the effectiveness of such activities and programs in meeting the stated objectives and the purposes of this Act, measured through the end of such fiscal year; "(3) a summary of outstanding solid waste problems confronting the Administrator, in order of priority; "(4) recommendations with respect to such legislation which the Administrator deems necessary or desirable to assist in solving problems respecting solid waste; "(5) all other information recjuired to be submitted to the Congress pursuant to any other provision of this Act; and "(6) the Administrator's plans for activities and programs respecting solid waste during the next fiscal year. "GENERAL AUTHORIZATION

2006. (a) GENERAL ADMINISTRATION.—There are authorized 42 USC 6916. to be appropriated to the Administrator for the purpose of carrying out the provisions of this Act, $35,000,000 for the fiscal year ending September 30, 1977, $38,000,000 for the fiscal year ending September 30, 1978, and $42,000,000 for the fiscal year ending September 30, 1979. "(b) RESOURCE RECOVERY AND CONSERVATION PANELS.—Not less than 20 percent of the amount appropriated under subsection (a) shall be used only for purposes of Resource Recovery and Conservation Panels established under section 2003 (including travel expenses incurred by such panels in carrying out their functions under this Act). "SEC.

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