text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/142

 100 STAT. 1244

16 USC 797.

Water.

State and local governments.

Indians.

PUBLIC LAW 99-495—OCT. 16, 1986

(1) After "waterpower development," insert "for the adequate protection, mitigation, and enhancement of fish and wildlife (including related spawning grounds and habitat),". (2) After "including", insert "irrigation, flood control, water supply, and". (3) Strike "purposes; and" and insert after "recreational" the following: "and other purposes referred to in section 4(e)". (4) insert "(1)" after "(a)" and insert the following new paragraphs at the end thereof: "(2) In order to ensure that the project adopted will be best adapted to the comprehensive plan described in paragraph (1), the Commission shall consider each of the following: "(A) The extent to which the project is consistent with a comprehensive plan (where one exists) for improving, developing, or conserving a waterway or waterways affected by the project that is prepared by— "(i) an agency established pursuant to Federal law that has the authority to prepare such a plan; or "(ii) the State in which the facility is or will be located. "(B) The recommendations of Federal and State agencies exercising administration over flood control, navigation, irrigation, recreation, cultural and other relevant resources of the State in which the project is located, and the recommendations (including fish and wildlife recommendations) of Indian tribes affected by the project. "(C) In the case of a State or municipal applicant, or an applicant which is primarily engaged in the generation or sale of electric power (other than electric power solely from cogeneration facilities or small power production facilities), the electricity consumption efficiency improvement program of the applicant, including its plans, performance and capabilities for encouraging or assisting its customers to conserve electricity cost-effectively, taking into account the published policies, restrictions, and requirements of relevant State regulatory authorities applicable to such applicant. "(3) Upon receipt of an application for a license, the Commission shall solicit recommendations from the agencies and Indian tribes identified in subparagraphs (A) and (B) of paragraph (2) for proposed terms and conditions for the Commission's consideration for inclusion in the license.". (c) FISH AND WILDLIFE PROTECTION, MITIGATION, AND ENHANCE-

16 USC 803.

State and local governments.

MENT.—Section 10 of the Federal Power Act is amended by adding the following at the end: "(j)(l) That in order to adequately and equitably protect, mitigate damages to, and enhance, fish and wildlife (including related spawning grounds and habitat) affected by the development, operation, and management of the project, each license issued under this Part shall include conditions for such protection, mitigation, and enhancement. Subject to paragraph (2), such conditions shall be based on recommendations received pursuant to the Fish and Wildlife Coordination Act (16 U.S.C. 661 et seq.) from the National Marine Fisheries Service, the United States Fish and Wildlife Service, and State fish and wildlife agencies. "(2) Whenever the Commission believes that any recommendation referred to in paragraph (1) may be inconsistent with the purposes and requirements of this Part or other applicable law, the Commission and the agencies referred to in paragraph (1) shall attempt to

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/143

 PUBLIC LAW 99-495—OCT. 16, 1986

100 STAT. 1245

resolve any such inconsistency, giving due weight to the recommendations, expertise, and statutory responsibilities of such agencies. If, after such attempt, the Commission does not adopt in whole or in part a recommendation of any such agency, the Commission shall publish each of the following findings (together with a statement of the basis for each of the findings): "(A) A finding that adoption of such recommendation is inconsistent with the purposes and requirements of this Part or with other applicable provisions of law. "(B) A finding that the conditions selected by the Commission comply with the requirements of paragraph (1). Subsection (i) shall not apply to the conditions required under this subsection.". SEC. 4. RELICENSING PROCEDURES.

(a) RELICENSING PROCESS.—Section 15 of the Federal Power Act is amended by inserting "(1)" after "(a)", by redesignating subsection (b) as subsection (f), and by adding the following at the end of subsection (a): "(2) Any new license issued under this section shall be issued to the applicant having the final proposal which the Commission determines is best adapted to serve the public interest, except that in making this determination the Commission shall ensure that insignificant differences with regard to subparagraphs (A) through (G) of this paragraph between competing applications are not determinative and shall not result in the transfer of a project. In making a determination under this section (whether or not more than one application is submitted for the project), the Commission shall, in addition to the requirements of section 10 of this Part, consider (and explain such consideration in writing) each of the following: "(A) The plans and abilities of the applicant to comply with (i) the articles, terms, and conditions of any license issued to it and (ii) other applicable provisions of this Part. "(B) The plans of the applicant to manage, operate, and maintain the project safely. "(C) The plans and abilities of the applicant to operate and maintain the project in a manner most likely to provide efficient and reliable electric service. "(D) The need of the applicant over the short and long term for the electricity generated by the project or projects to serve its customers, including, among other relevant considerations, the reasonable costs and reasonable availability of alternative sources of power, taking into consideration conservation and other relevant factors and taking into consideration the effect on the provider (including its customers) of the alternative source of power, the effect on the applicant's operating and load characteristics, the effect on communities served or to be served by the project, and in the case of an applicant using power for the applicant's own industrial facility and related operations, the effect on the operation and efficiency of such facility or related operations, its workers, and the related community. In the case of an applicant that is an Indian tribe applying for a license for a project located on the tribal reservation, a statement of the need of such tribe for electricity generated by the project to foster the purposes of the reservation may be included.

16 USC 808.

Ante, pp. 1243, ^244.

Indians,

�

license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/144

 100 STAT. 1246

Ante, p. 1244.

Public information. Regulations.

Indians.

PUBLIC LAW 99-495—OCT. 16, 1986

"(E) The existing and planned transmission services of the applicant, taking into consideration system reliability, costs, and other applicable economic and technical factors. "(F) Whether the plans of the applicant will be achieved, to the greatest extent possible, in a cost effective manner. "(G) Such other factors as the Commission may deem relevant, except that the terms and conditions in the license for the protection, mitigation, or enhancement of fish and wildlife resources affected by the development, operation, and management of the project shall be determined in accordance with section 10, and the plans of an applicant concerning fish and wildlife shall not be subject to a comparative evaluation under this subsection. "(3) In the case of an application by the existing licensee, the Commission shall also take into consideration each of the following: "(A) The existing licensee's record of compliance with the terms and conditions of the existing license. "(B) The actions taken by the existing licensee related to the project which affect the public. "(b)(1) Each existing licensee shall notify the Commission whether the licensee intends to file an application for a new license or not. Such notice shall be submitted at least 5 years before the expiration of the existing license. "(2) At the time notice is provided under paragraph (1), the existing licensee shall make each of the following reasonably available to the public for inspection at the offices of such licensee: current maps, drawings, data, and such other information as the Commission shall, by rule, require regarding the construction and operation of the licensed project. Such information shall include, to the greatest extent practicable pertinent energy conservation, recreation, fish and wildlife, and other environmental information. Copies of the information shall be made available at reasonable costs of reproduction. Within 180 days after the enactment of the Electric Consumers Protection Act of 1986, the Commission shall promulgate regulations regarding the information to be provided under this paragraph. "(3) Promptly following receipt of notice under paragraph (1), the Commission shall provide public notice of whether an existing licensee intends to file or not to file an application for a new license. The Commission shall also promptly notify the National Marine Fisheries Service and the United States Fish and Wildlife Service, and the appropriate State fish and wildlife agencies. "(4) The Commission shall require the applicant to identify any Federal or Indian lands included in the project boundary, together with a statement of the annual fees paid as required by this Part for such lands, and to provide such additional information as the Commission deems appropriate to carry out the Commission's responsibilities under this section. "(c)(1) Each application for a new license pursuant to this section shall be filed with the Commission at least 24 months before the expiration of the term of the existing license. Each applicant shall consult with the fish and wildlife agencies referred to in subsection (b) and, as appropriate, conduct studies with such agencies. Within 6 days after the statutory deadline for the submission of applications, the Commission shall issue a notice establishing expeditious procedures for relicensing and a deadline for submission of final amendments, if any, to the application.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/145

 PUBLIC LAW 99-495—OCT. 16, 1986

100 STAT. 1247

"(2) The time periods specified in this subsection and in subsection (b) shall be adjusted, in a manner that achieves the objectives of this section, by the Commission by rule or order with respect to existing licensees who, by reason of the expiration dates of their licenses, are unable to comply with a specified time period. "(d)(1) In evaluating applications for new licenses pursuant to this section, the Commission shall not consider whether an applicant has adequate transmission facilities with regard to the project. "(2) When the Commission issues a new license (pursuant to this section) to an applicant which is not the existing licensee of the project and finds that it is not feasible for the new licensee to utilize the energy from such project without provision by the existing licensee of reasonable services, including transmission services, the Commission shall give notice to the existing licensee and the new licensee to immediately enter into negotiations for such services and the costs demonstrated by the existing licensee as being related to the provision of such services. It is the intent of the Congress that such negotiations be carried out in good faith and that a timely agreement be reached between the parties in order to facilitate the transfer of the license by the date established when the Commission issued the new license. If such parties do not notify the Commission that within the time established by the Commission in such notice (and if appropriate, in the judgment of the Commission, one 45-day extension thereof), a mutually satisfactory arrangement for such services that is consistent with the provisions of this Act has been executed, the Commission shall order the existing licensee to file (pursuant to section 205 of this Act) with the Commission a tariff, 16 USC 824d. subject to refund, ensuring such services beginning on the date of transfer of the project and including just and reasonable rates and reasonable terms and conditions. After notice and opportunity for a hearing, the Commission shall issue a final order adopting or modifying such tariff for such services at just and reasonable rates in accordance with section 205 of this Act and in accordance with reasonable terms and conditions. The Commission, in issuing such order, shall ensure the services necessary for the full and efficient utilization and benefits for the license term of the electric energy from the project by the new licensee in accordance with the license and this Part, except that in issuing such order the Commission— "(A) shall not compel the existing licensee to enlarge generating facilities, transmit electric energy other than to the distribution system (providing service to customers) of the new licensee identified as of the date one day preceding the date of license award, or require the acquisition of new facilities, including the upgrading of existing facilities other than any reasonable enhancement or improvement of existing facilities controlled by the existing licensee (including any acquisition related to such enhancement or improvement) necessary to carry out the purposes of this paragraph; "(B) shall not adversely affect the continuity and reliability of service to the customers of the existing licensee; "(C) shall not adversely affect the operational integrity of the transmission and electric systems of the existing licensee; "(D) shall not cause any reasonably quantifiable increase in the jurisdictional rates of the existing licensee; and "(E) shall not order any entity other than the existing licensee to provide transmission or other services.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/146

 100 STAT. 1248

PUBLIC LAW 99-495—OCT. 16, 1986

Such order shall be for such period as the Commission deems appropriate, not to exceed the term of the license. At any time, the Commission, upon its own motion or upon a petition by the existing or new licensee and after notice and opportunity for a hearing, may modify, extend, or terminate such order.", (b) CONFORMING AMENDMENTS.—(1) Section 15(a) of the Federal

16 USC 808. 16 USC 807. 16 USC 825h note.

16 USC 825h.

16 USC 817.

Water. 16 USC 823a.

Power Act is amended by striking out "original" each place it appears and substituting "existing". (2) Section 14(b) of such Act is amended by striking out the first sentence. (c) COMMISSION REVIEW.—In order to ensure that the provisions of Part I of the Federal Power Act, as amended by this Act, are fully, fairly, and efficiently implemented, that other governmental agencies identified in such Part I are able to carry out their responsibilities, and that the increased workload of the Federal Energy Regulatory Commission and other agencies is facilitated, the Commission shall, consistent with the provisions of section 309 of the Federal Power Act, review all provisions of that Act requiring an action within a 30-day period and, as the Commission deems appropriate, amend its regulations to interpret such period as meaning "working days", rather than "calendar days" unless calendar days is specified in such Act for such action. SEC. 5. LICENSE TERM ON RELICENSING. Section 15 of the Federal Power Act is amended by adding the following after subsection (d) (as added by section 4 of this Act): "(e) Except for an annual license, any license issued by the Commission under this section shall be for a term which the Commission determines to be in the public interest but not less than 30 years, nor more than 50 years, from the date on which the license is issued.". SEC. 6. UNAUTHORIZED ACTIVITIES. Section 23(b) of the Federal Power Act is amended by inserting "(1)" after "(b)" and by adding the following at the end thereof "(2) No person may commence any significant modification of any project licensed under, or exempted from, this Act unless such modification is authorized in accordance with terms and conditions of such license or exemption and the applicable requirements of this Part. As used in this paragraph, the term 'commence' refers to the beginning of physical on-site activity other than surveys or testing.". SEC. 7. AMENDMENTS TO SECTION 30 OF FEDERAL POWER ACT. (a) STATE OR LocAL CoNDUiTS.—Soction 30(b) of the Federal Power Act is amended by inserting after "15 megawatts" the following: "(40 megawatts in the case of a facility constructed, operated, and maintained by an agency or instrumentality of a State or local government solely for water supply for municipal purposes)". (b) NMFS.—Section 30(c) of the Federal Power Act is amended by inserting "National Marine Fisheries Service" after "the Fish and Wildlife Service" in both places such term appears. (c) FEES FOR STUDIES.—Section 30 of the Federal Power Act is

Ante, pp. 1243, 1244.

amended by adding the following new subsection a t the end thereof: "(e) The Commission, in addition to the requirements of section 10(e), shall establish fees which shall be paid by an applicant for a license or. exemption for a project that is required to meet terms and conditions set by fish and wildlife agencies under subsection (c).

�


text:
Page:Amazing Stories Volume 01 Number 01.djvu/44

42 no prospect of obtaining provisions, and consequently their first business was to devise a scheme for getting away from their present abode. The Hansa was lying off shore. The Spaniards would not have had the slightest hesitation in summarily taking possession of her, but their utter ignorance of seamanship made them reluctantly come to the conclusion that the more prudent policy was to make terms with the owner.

And now came a singular part of the story. Negrete and his companions had meanwhile received a visit from two English officers from Gibraltar. What passed between them the Jew did not know; he only knew that, immediately after the conclusion of the interview, Negrete came to him and ordered him to set sail at once for the nearest point of Morocco. The Jew, afraid to disobey, but with his eye ever upon the main chance, stipulated that at the end of their voyage the Spaniards should pay for their passage—terms to which, as they would to any other, they did not demur, knowing that they had not the slightest intention of giving him a single real.

The Hansa had weighed anchor on the 3rd of February. The wind blew from the west, and consequently the working of the tartan was easy enough, The unpracticed sailors had only to hoist their sails and, though they were quite unconscious of the fact, the breeze carried them to the only spot upon the little world they occupied which could afford them a refuge.

Thus it fell out that one morning Ben Zoof, from his lookout on Gourbi Island, saw a ship, not the Dobryna, appear upon the horizon, and make quietly down towards what had formerly been the right bank of the Shelif.

Such was Ben Zoofs version of what had occurred, as he had gathered it from the new-comers. He wound up his recital by remarking that the cargo of the Hansa would be of immense service to them; he expected, indeed, that Isaac Hakkabut would be difficult to manage, but considered there could be no harm in appropriating the goods for the common welfare, since there could be no opportunity now for selling them.

Ben Zoof added, "And as to the difficulties between the Jew and his passengers, I told him that the governor general was absent on a tour of inspection, and that he would see everything equitably settled."

Smiling at his orderly's tactics, Servadac turned to Hakkabut, and told him that he would take care that his claims should be duly investigated and all proper demands should be paid. The man appeared satisfied, and, for the time at least, desisted from his complaints and importunities.

When the Jew had retired, Count Timascheff asked "But how in the world can you ever make those fellows pay anything?"

"They have lots of money," said Ben Zoof.

"Not likely," replied the count; "when did you ever know Spaniards like them to have lots of money?"

"But I have seen it myself," said Ben Zoof; "and it is English money."

"English money!" echoed Servadac; and his mind again reverted to the excursion made by the colonel and the major from Gibraltar, about which they had been so reticent.

We must inquire more about this," he said.

Then, addressing Count Timascheff, he added, "Altogether I think the countries of Europe are fairly represented by the population of Gallia."

"True, captain," answered the count; "we have only a fragment of a world, but it contains natives of France, Russia, Italy, Spain, and England. Even Germany may be said to have a representative in the person of this miserable Jew."

"And even in him," said Servadac, "perhaps we shall not find so indifferent a representative as we at present imagine."

The Spaniards who had arrived on board the Hansa consisted of nine men and a lad of twelve years of age, named Pablo. They all received Captain Servadac, whom Ben Zoof introduced as the governor general, with due respect, and returned quickly to their separate tasks. The captain and his friends, followed at some distance by the eager Jew, soon left the glade and directed their steps towards the coast where the Hansa was moored.

As they went they discussed their situation. As far as they had ascertained, except Gourbi Island, the sole surviving fragments of the Old World were four small islands: the bit of Gibraltar occupied by the Englishmen; Ceuta, which had just been left by the Spaniards; Madalena, where they had picked up the little Italian girl; and the site of the tomb of Saint Louis on the coast of Tunis. Around these there was stretched out the full extent of the Gallian Sea, which apparently comprised about one-half of the Mediterranean, the whole being encompassed by a barrier like a framework of precipitous cliffs, of an origin and a substance alike unknown.

Of all these spots only two were known to be inhabited: Gibraltar, where the thirteen Englishmen were amply provisioned for some years to come, and their own Gourbi Island. Here there was a population of twenty-two, who would all have to subsist upon the natural products of the soil. It was indeed not to be forgotten that, perchance, upon some remote and undiscovered isle there might be the solitary writer of the mysterious papers which they had found, and if so, that would raise the census of their new asteroid to an aggregate of thirty-six.

Even upon the supposition that at some future date the whole population should be compelled to unite and find a residence upon Gourbi Island, there did not appear any reason to question but that eight hundred acres of rich soil, under good management, would yield them all an ample sustenance. The only critical matter was how long the cold season would last; every hope depended upon the land again becoming productive; at present, it seemed impossible to determine, even if Gallia's orbit were really elliptical, when she would reach her aphelion, and it was consequently necessary that the Gallians for the time being should reckon on nothing beyond their actual and present resources.

These resources were, first, the provisions of the Dobryna, consisting of preserved meat, sugar, wine,


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/147

 PUBLIC LAW 99-495—OCT. 16, 1986

100 STAT. 1249

Such fees shall be adequate to reimburse the fish and wildlife agencies referred to in subsection (c) for any reasonable costs incurred in connection with any studies or other reviews carried out by such agencies for purposes of compliance with this section. The fees shall, subject to annual appropriations Acts, be transferred to such agencies by the Commission for use solely for purposes of carrying out such studies and shall remain available until expended.". SEC. 8. AMENDMENTS CONCERNING CERTAIN SMALL POWER PRODUCTION FACILITIES SUBJECT TO PURPA BENEFITS.

(a) N E W DAMS AND DIVERSIONS SEEKING PURPA BENEFITS.—Section 210 of the Public Utility Regulatory Policies Act of 1978 is 16 USC 824a-3. amended by inserting the following new subsections after subsection (i) and by redesignating subsection (j) as subsection (1): "(j) N E W DAMS AND DIVERSIONS.—Except for a hydroelectric

project located at a Government dam (as defined in section 3(10) of the Federal Power Act) at which non-Federal hydroelectric develop- 16 USC 796. ment is permissible, this section shall not apply to any hydroelectric project which impounds or diverts the water of a natural watercourse by means of a new dam or diversion unless the project meets each of the following requirements: "(1) N o SUBSTANTIAL ADVERSE EFFECTS.—At the time of isSU-

ance of the license or exemption for the project, the Commission finds that the project will not have substantial adverse effects on the environment, including recreation and water quality. Such finding shall be made by the Commission after taking into consideration terms and conditions imposed under either paragraph (3) of this subsection or section 10 of the Federal Power Act (whichever is appropriate as required by that Act or the Ante, pp. 1243, Electric Consumers Protection Act of 1986) and compliance with i^"*^other environmental requirements applicable to the project. "(2) PROTECTED RIVERS.—At the time the application for a license or exemption for the project is accepted by the Commission (in accordance with the Commission's regulations and procedures in effect on January 1, 1986, including those relating to environmental consultation), such project is not located on either of the following: "(A) Any segment of a natural watercourse which is included in (or designated for potential inclusion in) a State or national wild and scenic river system. "(B) Any segment of a natural watercourse which the State has determined, in accordance with applicable State law, to possess unique natural, recreational, cultural, or scenic attributes which would be adversely affected by hydroelectric development. "(3) FISH AND WILDLIFE TERMS AND CONDITIONS.—The project

meets the terms and conditions set by fish and wildlife agencies under the same procedures as provided for under section 30(c) of the Federal Power Act. Ante, p. 1248. "(k) DEFINITION OF N E W DAM OR DIVERSION.—For purposes of this section, the term 'new dam or diversion' means a dam or diversion which requires, for purposes of installing any hydroelectric power project, any construction, or enlargement of any impoundment or diversion structure (other than repairs or reconstruction or the addition of flashboards or similar adjustable devices)".

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/148

 100 STAT. 1250 16 USC 824a-3 "o^-

State and local governments.

PUBLIC LAW 99-495—OCT. 16, 1986

(b) EFFECTIVE DATE.—(1) Subsection (j) of section 210 of the Public Utility Regulatory Policies Act of 1978 (as amended by subsection (a) of this section) shall apply to any project for which benefits under section 210 of the Public Utility Regulatory Policies Act of 1978 are sought and for which a license or exemption is issued by the Federal Energy Regulatory Commission after the enactment of this Act, except as otherwise provided in paragraph (2), (3) or (4) of this subsection. (2) Subsection (j) shall not apply to the project if the application for license or exemption for the project was filed, and accepted for filing by the Commission, before the enactment of this Act. (3) Paragraphs (1) and (3) of such subsection (j) shall not apply if the application for the license or exemption for the project was filed before the enactment of this Act and accepted for filing by the Commission (in accordance with the Commission's regulations and procedures in effect on January 1, 1986, including those relating to the requirement for environmental consultation) within 3 years after such enactment. (4)(A) Paragraph (3) of subsection (j) shall not apply for projects where the license or exemption application was filed after enactment of this Act if, based on a petition filed by the applicant for such project within 18 months after such enactment, the Commission determines (after public notice and opportunity for public comment of at least 45 days) that the applicant has demonstrated that he had committed (prior to the enactment of this Act) substantial monetary resources directly related to the development of the project and to the diligent and timely completion of all requirements of the Commission for filing an acceptable application for license or exemption. Such petition shall be publicly available and shall be filed in such form as the Commission shall require by rule issued within 120 days after the enactment of this Act. The public notice required under this subparagraph shall include written notice by the petitioner to affected Federal and State agencies. (B) In the case of any petition referred to in subparagraph (A), if the applicant had a preliminary permit and had completed environmental consultations (required by Commission regulations and procedures in effect on January 1, 1986) prior to enactment, there shall be a rebuttable presumption that such applicant had committed substantial monetary resources prior to enactment. (C) The applicant for a license or exemption for a project described in subparagraph (A) may petition the Commission for an initial determination under paragraph (1) of section 210(j) of the Public Utility Regulatory Policies Act of 1978 prior to the time the license or exemption is issued. If the Commission initially finds that the project will have substantial adverse effects on the environment within the meaning of such paragraph (1), prior to making a final finding under that paragraph the Commission shall afford the applicant a resisonable opportunity to provide for mitigation of such adverse effects. The Commission shall make a final finding under such paragraph (1) at the time the license or exemption is issued. If the Federal Energy Regulatory Commission has notified the State of its initial finding and the State has not taken any action described in paragraph (2) of section 210(j) before such final finding, the failure to take such action shall be the basis for a rebuttable presumption that there is not a substantial adverse effect on the environment related to natural, recreational, cultural, or scenic attributes for purposes of such finding.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/149

 PUBLIC LAW 99-495—OCT. 16, 1986

100 STAT. 1251

(D) If a petition under subparagraph (A) is denied, all provisions of section 210(j) of the Public Utility Regulatory Policies Act of 1978 shall apply to the project regardless of when the license or exemption is issued. (c) APPLICATION OF SECTION 30(C).—Nothing in this Act shall affect the application of section 30(c) of the Federal Power Act to any exemption issued after the enactment of this Act. (d) STUDY.—(1) The Commission shall conduct a study (in accordance with section 102(2)(C) of the National Environmental Policy Act of 1969) of whether the benefits of section 210 of the Public Utility Regulatory Policies Act of 1978 and section 210 of the Federal Power Act should be applied to hydroelectric power facilities utilizing new dams or diversions (within the meaning of section 210(k) of the Public Utility Regulatory Policies Act of 1978). (2) The study under this subsection shall take into consideration the need for such new dams or diversions for power purposes, the environmental impacts of such new dams and diversions (both with and without the application of the amendments made by this Act to sections 4,10, and 30 of the Federal Power Act and section 210 of the Public Utility Regulatory Policies Act of 1978), the environmental effects of such facilities alone and in combination with other existing or proposed dams or diversions on the same waterway, the intent of Congress to encourage and give priority to the application of section 210 of Public Utility Regulatory Policies Act of 1978 to existing dams and diversions rather than such new dams or diversions, and the impact of such section 210 on the rates paid by electric power consumers. (3) The study under this subsection shall be initiated within 3 months after enactment of this Act and completed as promptly as practicable. (4) A report containing the results of the study conducted under this subsection shall be submitted to the Committee on Energy and Commerce of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate while both Houses are in session. (5) The report submitted under paragraph (4) shall include a determination (and the basis thereof by the Commission, based on the study and a public hearing and subject to review under section 313(b) of the Federal Power Act, whether any of the benefits referred to in paragraph (1) should be available for such facilities and whether applications for preliminary permits (or licenses where no preliminary permit has been issued) for such small power production facilities utilizing new dams or diversions should be accepted by the Commission after the moratorium period specified in subsection (e). The report shall include such other administrative and legislative recommendations as the Commission deems appropriate. (6) If the study under this subsection has not been completed within 18 months after its initiation, the Commission shall notify the Committees referred to in paragraph (4) of the reasons for the delay and specify a date when it will be completed and a report submitted. (e) MORATORIUM ON APPLICATION OF P U R P A TO N E W DAMS.—

Ante, p. 1249.

16 USC 823a note. Ante, p. 1248. 16 USC 824a-3 note. 42 USC 4332. Ante, p. 1249. 16 USC 824i. Ante, p. 1249.

Ante, pp. 1243, 1244; post, pp. 1252, 1257; ante, p. 1248. Ante, p. 1249.

Reports.

16 USC 825/.

16 USC 824a-3 note.

Notwithstanding the amendments made by subsection (a) of this section, in the case of a project for which a license or exemption is issued after the enactment of this Act, section 210 of the Public Utility Regulatory Policies Act of 1978 shall not apply during the Ante, p. 1249.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/150

 100 STAT. 1252 Ante, p. 1249. 16 USC 796.

PUBLIC LAW 99-495—OCT. 16, 1986

moratorium period if the project utilizes a new dam or diversion (as defined in section 210(k) of such Act) unless the project is either— (1) a project located at a Government dam (as defined in section 3(10) of the Federal Power Act) at which non-Federal hydroelectric development is permissible, or (2) a project described in paragraphs (2), (3), or (4) of subsection (b). For purposes of this subsection, the term "moratorium period" means the period beginning on the date of the enactment of this Act and ending at the expiration of the first full session of Congress after the session during which the report under subsection (d) has been submitted to the Congress. SEC. 9. FEES AND CHARGES FOR USE OF DAMS AND STRUCTURES.

16 USC 803.

(a) FEES AND CHARGES.—Section 10(e) of the Federal Power Act is amended as follows: (1) Insert "(1)" after "(e)". (2) Add the following at the end thereof: "(2) In the case of licenses involving the use of Government dams or other structures owned by the United States, the charges fixed (or readjusted) by the Commission under paragraph (1) for the use of such dams or structures shall not exceed 1 mill per kilowatt-hour for the first 40 gigawatt-hours of energy a project produces in any year, iy2 mills per kilowatt-hour for over 40 up to and including 8 gigawatt-hours in any year, and 2 mills per kilowatt-hour for any energy the project produces over 80 gigawatt-hours in any year. Except as provided in subsection (f), such charge shall be the only charge assessed by any agency of the United States for the use of such dams or structures. "(3) The provisions of paragraph (2) shall apply with respect to— "(A) all licenses issued after the date of the enactment of this paragraph; and "(B) all licenses issued before such date which— "(i) did not fix a specific charge for the use of the Government dam or structure involved; and "(ii) did not specify that no charge would be fixed for the use of such dam or structure. "(4) Every 5 years, the Commission shall review the appropriateness of the annual charge limitations provided for in this subsection and report to Congress concerning its recommendations thereon.". Indians. (b) SAVINGS PROVISIONS.—Nothing in this Act shall affect any 16 USC 803 note, annual charge to be paid pursuant to section 10(e) of the Federal Power Act to Indian tribes for the use of their lands within Indian reservations. SEC. 10. ELECTION AND NEGOTIATIONS CONCERNING PROJECTS SUBJECT TO LITIGATION.

CONTESTED

(a) APPLICATION OF SECTION.—This section applies to any relicensing proceeding initiated prior to October 1983 at the Federal Energy Regulatory Commission involving the following projects: Mokelumne (No. 137), California; Phoenix (No. 1061), California; Rock Creek/Cresta (No. 1962), California; Haas-King (No. 1988), California; Poole (No. 1388), California; Olmsted (No. 596), Utah; Weber (No. 1744), Utah; Rush Creek (No. 1389), California; and Shawano (No. 710), Wisconsin. The numbers in this subsection refer to Federal Energy Regulatory Commission project identification numbers for the existing licensee. This subsection shall also apply to

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/151

 PUBLIC LAW 99-495—OCT. 16, 1986

100 STAT. 1253

any subsequent relicensing proceeding for any such project involving the same parties which results from the rejection, without prejudice, of an application in any of the proceedings specified in this subsection. (b) PROVISIONS NOT APPLICABLE I F ELECTION MADE.—In the case of each project named in subsection (a), if the existing licensee fails to make an election under subsection (c) within 90 days after the enactment of this Act for negotiations under subsection (e)— (1) the provisions of the Federal Power Act in effect one day 16 USC 79la. prior to enactment of this Act; and (2) the amendments made by sections 3, 6, and 12 of this Act to the Federal Power Act; shall apply to the relicensing proceeding referred to in subsection (a). (c) ELECTION PROCEDURES.—An existing licensee for any project named in subsection (a) may file an election with the Commission under this subsection. The election shall be filed in the manner required by the Commission. The election, subject to subsection (d), shall consist of an agreement that, in the case of the project concerned, the licensee will— (1) enter into good faith negotiations under subsection (e) with each person (or group of persons) who filed a competing application for a new license for the project before October 7, 1983; and (2) be subject to the provisions of this section. Notice of the election to negotiate or the refusal thereof shall be filed with the Commission within the 90-day period. (d) ACCEPTANCE OR REFUSAL TO ACCEPT ELECTION.—Within 45 days after receiving notice from the Commission of an election to negotiate made by the existing licensee under subsection (c) for an applicable project, each competing license applicant (or group of applicants) referred to in subsection (a) may— (1) accept the election, withdraw the competing application, enter into good faith negotiations in accordance with this section, and agree to be subject to the provisions of this section; or (2) refuse to accept such election. If the election to negotiate is not accepted by the competing applicant (or group) within the 45-day period, the relicensing proceeding for such project shall be continued and a new license issued solely in accordance with the Federal Power Act, as amended by this Act (including the amendments made by this Act to section 7 of the Federal Power Act). Notice of an election to negotiate or refusal Ante, p. 1243. must be filed with the Commission within the 45-day period. (e) NEGOTIATIONS.—If an election to negotiate is made pursuant to subsections (c) and (d) for any project, the existing licensee and the competing applicant shall commence negotiations for each of the following: (1) Compensation to be provided by the existing licensee for the reasonable costs incurred by the competing applicant which are related to pursuing— (A) the application in the applicable relicensing proceeding, including the costs of preparing, filing, and maintaining such application for the period ending December 31, 1985; and (B) the litigation in the courts involving the application of section 7 of the Federal Power Act to the applicable relicensing proceeding.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/152

 100 STAT. 1254

16 USC 807.

16 USC 791a.

16 USC 825/.

State and local governments.

PUBLIC LAW 99-495—OCT. 16, 1986

(2) Compensation in an additional sum (which may be in money or electric power or both) representing a reasonable percentage (but not to exceed 100 percent) of the net investment of the existing licensee in the project, as of October 22, 1985 (as determined by the Commission, prior to the initiation of such negotiations, in accordance with section 14(a) of the Federal Power Act). In making the determination of net investment, the Commission shall utilize all relevant records and data (which the existing licensee shall provide to the Commission) applicable to the project for the term of the existing license through October 22, 1985. The parties to the negotiations shall establish the method, period, and manner of providing all such compensation. (f) COMMISSION ORDER.—If an election is made and accepted but negotiations under subsection (e) are not commenced by the parties within the time established by the Commission (or, if appropriate, in the judgment of the Commission, one 45-day extension thereof) or if a mutually satisfactory compensation arrangement that is consistent with the provisions of the Federal Power Act has not been executed within such time, the Commission, after notice and opportunity for a hearing, shall issue an order establishing compensation in accordance with paragraphs (1) and (2) of subsection (e). In determining the amount of compensation, the Commission may accept any stipulations agreed to by the parties as a result of the negotiations. The Commission shall also take into consideration all of the following: (1) The quality of the relicensing proposals of the existing licensee and the competing applicant. (2) The net benefits to both parties and their customers of obtaining the new license. (3) The extent to which the applications filed by both parties were actively pursued (subject to the effect thereon of any action by the Commission or the applicable litigation) and filed with the Commission in good faith. (4) The extent of reliance by the competing applicant on the provisions of the Federal Power Act in effect prior to enactment of this Act and the detrimental impact of such reliance on the operations and on the service area of the applicant. (g) COMPENSATION.—The order of the Commission under this section shall establish the method, period, and manner of providing compensation under subsection (f), and such other reasonable terms and conditions concerning such compensation, consistent with the Federal Power Act, as the Commission deems appropriate. Any payment over a period of time shall include interest compounded at a rate based upon outstanding obligations of the United States of comparable maturity. The payment period shall not exceed onethird of the new license term for the project. The order shall state the basis for the Commission's determination. The provisions of section 313 of the Federal Power Act shall apply to such order and determinations. The order (or any agreement reached by the parties by negotiation) shall be a condition of any annual license or new license (depending when the order is issued or agreement reached) issued to the existing licensee for this project. Nothing in this section shall be construed to affect the treatment, by a State regulatory authority for ratemaking purposes, of any compensation paid under this section.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/153

 PUBLIC LAW 99-495—OCT. 16, 1986

100 STAT. 1255

(h) COMMISSION PROCEEDINGS.—Upon mutual request of the parties to any negotiation under this section, the Commission may defer any determination of net investment for the applicable project until whenever it is required to issue an order under this section for such project. No new license shall be issued under the Federal Power Act 16 USC 79ia. for the projects referenced in this section until there is full compliance, to the extent applicable, with this section. The Commission shall ensure that negotiations and any determinations and orders required by this section shall be conducted, made, and issued expeditiously and shall ensure that the parties do not delay. SEC. 11. MERWIN DAM PROJECT.

The amendments made by this Act, except for the amendments Washington. made by sections 6 and 12 shall not apply to the Federal Energy Regulatory Commission proceeding involving FERC Project Number 935 (FERC Project Number 2791), relating to the Merwin Dam in Washington State. SEC. 12. ADDITIONAL COMMISSION ENFORCEMENT AUTHORITY.

Part I of the Federal Power Act is amended by adding the following new section at the end thereof: "SEC. 31. ENFORCEMENT.

"(a) MONITORING AND INVESTIGATION.—The Commission shall monitor and investigate compliance with each license and permit issued under this Part and with each exemption granted from any requirement of this Part. The Commission shall conduct such investigations as may be necessary and proper in accordance with this Act. After notice and opportunity for public hearing, the Commission may issue such orders as necessary to require compliance with the terms and conditions of licenses and permits issued under this Part and with the terms and conditions of exemptions granted from any requirement of this Part. "(b) REVOCATION ORDERS.—After notice and opportunity for an

evidentiary hearing, the Commission may also issue an order revoking any license issued under this Part or any exemption granted from any requirement of this Part where any licensee or exemptee is found by the Commission: "(1) to have knowingly violated a final order issued under subsection (a) after completion of judicial review (or the opportunity for judicial review); and "(2) to have been given reasonable time to comply fully with such order prior to commencing any revocation proceeding. In any such proceeding, the order issued under subsection (a) shall be subject to de novo review by the Commission. No order shall be issued under this subsection until after the Commission has taken into consideration the nature and seriousness of the violation and the efforts of the licensee to remedy the violation. "(c) CIVIL PENALTY.—Any licensee, permittee, or exemptee who violates or fails or refuses to comply with any rule or regulation under this Part, any term, or condition of a license, permit, or exemption under this Part, or any order issued under subsection (a) shall be subject to a civil penalty in an amount not to exceed $10,000 for each day that such violation or failure or refusal continues. Such penalty shall be assessed by the Commission after notice and opportunity for public hearing. In determining the amount of a proposed penalty, the Commission shall take into consideration the nature

16 USC 823b.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/154

 100 STAT. 1256

PUBLIC LAW 99-495—OCT. 16, 1986

and seriousness of the violation, failure, or refusal and the efforts of the licensee to remedy the violation, failure, or refusal in a timely manner. No civil penalty shall be assessed where revocation is ordered. "(d) ASSESSMENT.—(1) Before issuing an order assessing a civil penalty against any person under this section, the Commission shall provide to such person notice of the proposed penalty. Such notice shall, except in the case of a violation of a final order issued under subsection (a), inform such person of his opportunity to elect in writing within 30 days after the date of receipt of such notice to have the procedures of paragraph (3) (in lieu of those of paragraph (2)) apply with respect to such assessment. "(2)(A) In the case of the violation of a final order issued under subsection (a), or unless an election is made within 30 calendar days after receipt of notice under paragraph (1) to have paragraph (3) apply with respect to such penalty, the Commission shall assess the penalty, by order, after a determination of violation has been made on the record after an opportunity for an agency hearing pursuant to section 554 of title 5, United States Code, before an administrative law judge appointed under section 3105 of such title 5. Such assessment order shall include the administrative law judge's findings and the basis for such assessment. Courts, U.S. "(B) Any person against whom a penalty is assessed under this paragraph may, within 60 calendar days after the date of the order of the Commission assessing such penalty, institute an action in the United States court of appeals for the appropriate judicial circuit for judicial review of such order in accordance with chapter 7 of title 5, 5 USC 701 et seq. United States Code. The court shall have jurisdiction to enter a judgment affirming, modifying, or setting aside in whole or in Part, the order of the Commission, or the court may remand the proceeding to the Commission for such further action as the court may direct. "(3)(A) In the case of any civil penalty with respect to which the procedures of this paragraph have been elected, the Commission shall promptly assess such penalty, by order, after the date of the receipt of the notice under paragraph (1) of the proposed penalty. "(B) If the civil penalty has not been paid within 60 calendar days after the assessment order has been made under subparagraph (A), the Commission shall institute an action in the appropriate district court of the United States for an order affirming the assessment of the civil penalty. The court shall have authority to review de novo the law and the facts involved, and shall have jurisdiction to enter a judgment enforcing, modifying, and enforcing as so modified, or setting aside in whole or in Part, such assessment. "(C) Any election to have this paragraph apply may not be revoked except with the consent of the Commission. "(4) The Commission may compromise, modify, or remit, with or without conditions, any civil penalty which may be imposed under this subsection, taking into consideration the nature and seriousness of the violation and the efforts of the licensee to remedy the violation in a timely manner at any time prior to a final decision by the court of appeals under paragraph (2) or by the district court under paragraph (3). "(5) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order under paragraph (2), or after the appropriate district court has entered final judgment in favor of the Commission under paragraph (3), the Commission shall

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/155

 PUBLIC LAW 99-495—OCT. 16, 1986

100 STAT. 1257

institute an action to recover the amount of such penalty in any appropriate district court of the United States. In such action, the validity and appropriateness of such final assessment order or judgment shall not be subject to review. "(6)(A) Notwithstanding the provisions of title 28, United States Code, or of this Act, the Commission may be represented by the general counsel of the Commission (or any attorney or attorneys within the Commission designated by the Chairman) who shall supervise, conduct, and argue any civil litigation to which paragraph (3) of this subsection applies (including any related collection action under paragraph (5)) in a court of the United States or in any other court, except the Supreme Court. However, the Commission or the general counsel shall consult with the Attorney General concerning such litigation, and the Attorney General shall provide, on request, such assistance in the conduct of such litigation as may be appropriate. "(B) The Commission shall be represented by the Attorney General, or the Solicitor General, as appropriate, in actions under this subsection, except to the extent provided in subparagraph (A) of this paragraph.". SEC. 13. ANTITRUST LAWS.

Section 10(h) of the Federal Power Act is amended by inserting 16 USC 803. "(1)" after "(h)" and by adding the following new paragraph at the end thereof: "(2) That conduct under the license that: (A) results in the contravention of the policies expressed in the antitrust laws; and (B) is not otherwise justified by the public interest considering regulatory policies expressed in other applicable law (including but not limited to those contained in Part II of this Act) shall be prevented or adequately minimized by means of conditions included in the license prior to its issuance. In the event it is impossible to prevent or adequately minimize the contravention, the Commission shall refuse to issue any license to the applicant for the project and, in the case of an existing project, shall take appropriate action to provide thereafter for the operation and maintenance of the affected project and for the issuing of a new license in accordance with section 15 of this Part.". SEC. 14. LANDOWNER NOTIFICATION. Section 9 of the Federal Power Act is amended by inserting "(a)" after "9", by redesignating existing subsections (a) and (b) as paragraphs (1) and (2), and by adding the following at the end thereof: "(b) Upon the Hling of any application for a license (other than a license under section 15) the applicant shall make a good faith effort to notify each of the following by certified mail: ' (1) Any person who is an owner of record of any interest in the property within the bounds of the project. "(2) Any Federal, State, municipal or other local governmental agency likely to be interested in or affected by such application.". SEC. 15. APPLICATIONS FOR CERTAIN ORDERS UNDER FEDERAL POWER ACT. Section 211(c)(2)(B) of the Federal Power Act is amended by adding the following before the period: ": Provided, That nothing in this subparagraph shall prevent an application for an order hereunder

16 USC 802.

16 USC 808.

State and local governments.

16 USC 824j.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/156

 100 STAT. 1258

PUBLIC LAW 99-495—OCT. 16, 1986

to be filed prior to termination of modification of an existing rate schedule: Provided, That such order shall not become effective until termination of such rate schedule or the modification becomes effective". Alabama. 16 USC 791a.

SEC. 15A. MISCELLANEOUS PROVISIONS. (a) LAKE TUSCALOOSA.—In the case of any hydroelectric power project located or proposed to be located at Lake Tuscaloosa, in Tuscaloosa County, Alabama, the provisions of the Federal Power Act shall continue to apply, except that the Federal Energy Regulatory Commission shall not issue any permit, license, or exemption under that Act or under any other provision of law administered by the Commission to any person or public or private entity for such project or for any transmission or other facilities used in connection with, or appurtenant to, such project unless authorized by law enacted after the enactment of this Act. (b) TIME LIMITATIONS FOR CERTAIN PROJECTS.—Notwithstanding

16 USC 806.

Idaho.

16 USC 791a.

Ante, p. 1255.

the time limitations of section 13 of the Federal Power Act, the Federal Energy Regulatory Commission upon the request of the licensee for FERC Projects Nos. 3033, 3034, and 3044 (and after reasonable notice) is authorized, in accordance with the good faith, due diligence, and public interest requirements of such section 13 and the Commission's procedures under such section, to extend: (1) the time required for commencement of construction of Projects Nos. 3033, 3034, and 3044 for up to a maximum of 3 consecutive 2-year periods for each such project, (2) the time required for completion of construction of such projects for a reasonable period not to exceed 5 years after commencement of construction of each project, and (3) the time required for the licensee to acquire the real property required for such projects for a period of up to 5 years from the date of enactment of the Act. The authorization for issuing extensions under paragraphs (2) and (3) of this subsection shall terminate 3 years after enactment of this Act. The Commission to facilitate requests under this subsection may consolidate such requests. (c) HENRY'S FORK.—(1) In the case of any project proposed to be sited on, or adjacent to, that portion of Henry's Fork of the Snake River, Idaho (including that segment originating at Big Springs), or its tributaries within one-half mile of their confluence with Henry's Fork of the Snake River, from its point of origin at Henry's Lake, Idaho to the point of its confluence with the backwaters of Ashton Reservoir, Idaho, the provisions of the Federal Power Act shall continue to apply, except that the Federal Energy Regulatory Commission shall not issue any permit, license, or exemption under that Act or under any other provision of law administered by the Commission to any person or public or private entity for such project or for any transmission or other facilities used in connection with, or appurtenant to, such project unless authorized by law enacted after the enactment of this Act. The prohibition in the preceding sentence shall not apply to the application for a license under Part I of the Federal Power Act, as amended by this Act, to the Island Park Dam Hydropower Project (FERC Project No. 2973), except that in addition to the requirements of that Act, the Commission may issue such license only if the Commission determines that significant and permanent alternation of streamflow, habitat, water temperature, and quality will not occur as a result of the project.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/157

 PUBLIC LAW 99-495—OCT. 16, 1986

100 STAT. 1259

Nothing in this subsection shall be construed to affect the authority of this Commission to relicense, in accordance with the provisions of the Federal Power Act, as amended by this Act, the Ponds Lodge 16 USC 79la. Hydropower Project (FERC Project No. 1413). (2) Except as expressly provided in paragraph (1), nothing in this subsection shall affect the validity of any existing license, permit, or certificate issued by any Federal agency pursuant to any other Federal law. (3) The provisions of this subsection shall supersede the provisions of title VII (relating to the Henry's Fork of the Snake River, Idaho) of the Act entitled "An Act to amend the Wild and Scenic Rivers Act, and for other purposes" enacted during the 99th Congress, second session. SEC. 16. PROVISION OF INFORMATION TO CONGRESS.

16 USC 797b.

The Federal Energy Regulatory Commission shall keep the Committee on Energy and Commerce of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate fully and currently informed regarding actions of the Commission with respect to the provisions of Part I of the Federal Power Act. SEC. 17. SAVINGS PROVISIONS.

State and local

(a) IN GENERAL.—Nothing in this Act shall be construed as au- Indians, thorizing the appropriation of water by any Federal, State, or local 16 USC 797 note, agency, Indian tribe, or any other entity or individual. Nor shall any provision of this Act— (1) affect the rights or jurisdiction of the United States, the States, Indian tribes, or other entities over waters of any river or stream or over any ground water resource; (2) alter, amend, repeal, interpret, modify, or be in conflict with any interstate compact made by the States; (3) alter or establish the respective rights of States, the United States, Indian tribes, or any person with respect to any water or water-related right; (4) affect, expand, or create rights to use transmission facilities owned by the Federal Government; (5) alter, amend, repeal, interpret, modify, or be in conflict with, the Treaty rights or other rights of any Indian tribe; (6) permit the filing of any competing application in any relicensing proceeding where the time for filing a competing application expired before the enactment of this Act; or (7) modify, supersede, or affect the Pacific Northwest Electric Power Planning and Conservation Act. 16 USC 839 note. SEC. 18. EFFECTIVE DATE.

16 USC 797 note.

Except as otherwise provided in this Act, the amendments made by this Act shall take effect with respect to each license, permit, or exemption issued under the Federal Power Act after the enactment 16 USC 79la. of this Act. The amendments made by sections 6 and 12 of this Act

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/158

 100 STAT. 1260

PUBLIC LAW 99-495—OCT. 16, 1986

shall apply to licenses, permits, and exemptions without regard to when issued. Approved October 16, 1986.

LEGISLATIVE HISTORY—S. 426 (H.R. 44): HOUSE REPORTS: No. 99-507 accompanying H.R. 44 (Comm. on Energy and Commerce). SENATE REPORTS: No. 99-161 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): Apr. 11, 15-17, considered and passed Senate. Apr. 21, H.R. 44 considered and passed House; proceedings vacated and S. 426 amended, passed in lieu. June 10, Senate disagreed to House amendment. Oct. 2, House agreed to conference report. Oct. 3, Senate agreed to conference report.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/159

 PUBLIC LAW 99-496—OCT. 16, 1986

100 STAT. 1261

Public Law 99-496 99th Congress An Act To make certain amendments to the Job Training Partnership Act.

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

1. This Act may be cited as the "Job Training Partnership Act Amendments of 1986". SECTION

Oct. 16, 1986 [S. 2069] Job Training Partnership Act Amendments of 1986. 29 USC 1501 note.

DESIGNATION OF SERVICE DEUVERY AREAS BASED ON LABOR MARKET AREAS

SEC. 2. Section 101(a)(4)(A)(ii) of the Job Training Partnership Act 29 USC 1511. (hereinafter in this Act reiferred to as the "Act) is amended by striking out "a labor market area" and inserting in lieu thereof "one or more labor market areas". UTERACY AND DROPOUT PREVENTION PROGRAMS

SEC. 3. Section 123 of the Act is amended— (1) in subsection (a)— (A) by striking out "and" at the end of paragraph (1); (B) by striking out the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (C) by inserting at the end of such subsection the following new paragraph: "(3) to provide— "(A) literacy training to youth and adults; "(B) dropout prevention and reenrollment services to youth, giving priority to youth who are at risk of becoming dropouts; "(C) a State-wide school-to-work transition program operated in a manner consistent with section 205(e); or "(D) any combination of the activities described in subparagraphs (A), (B), and (C) of this paragraph."; and (2) in subsection (c)— (A) by striking out the first sentence of paragraph (2)(B) and inserting in lieu thereof the following: "At least 80 percent of the funds available under this section shall be used for clauses (1) and (3) of subsection (a) for the Federal share of the cost of carrying out activities described in such clauses."; and (B) by striking out "clause (1)" in paragraph (3) and inserting in lieu thereof "clauses (1) and (3)". PRESIDENTIAL AWARDS FOR OUTSTANDING PRIVATE SECTOR INVOLVEMENT IN JOB TRAINING PROGRAMS

SEC. 4. Part D of title I of the Act is amended by adding at the end thereof the following new section:

29 USC 1533.

State and local governments. 29 USC 1605.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/160

 100 STAT. 1262

PUBLIC LAW 99-496—OCT. 16, 1986 PRESIDENTIAL AWARDS FOR OUTSTANDING PRIVATE SECTOR INVOLVEMENT IN JOB TRAINING PROGRAMS

29 USC 1582.

State and local governments.

"SEC. 172. (a)(1)(A) The President is authorized to make Presidential awards for outstanding achievement by the private sector in the job training partnership program authorized by this Act. The President is authorized to make such awards to individuals who, and organizations which, have demonstrated outstanding achievement in planning and administering job training partnership programs or in contributing to the success of the job training partnership program. "(B) In making the awards pursuant to subparagraph (A) of this paragraph, the President shall consider the effectiveness of the program for which the award is made. "(2) The President is authorized to make Presidential awards for model programs in the job training partnership program authorized by this Act which demonstrate effectiveness in addressing the job training needs of groups of individuals with multiple barriers to employment. "(b)(1) Each year the President is authorized to make such awards under subsection (a) of this section as the President determines will carry out the objectives of this Act. "(2) The President shall establish such selection procedures, after consultation with the Secretary and the Governors of the States, as may be necessary.". INTRASTATE HOLD HARMLESS ALLOCATION REQUIREMENT

29 USC 1602.

29 USC 1631.

SEC. 5. (a) Section 202(a) of the Act is amended— (1) in paragraph (2), by striking out " O f and inserting in lieu thereof "Subject to the provisions of paragraph (3), of; (2) by redesignating paragraph (3) as paragraph (4); and (3) by inserting after paragraph (2) the following new paragraph: "(3) For fiscal years beginning after September 30, 1986, no service delivery area within any State shall be allocated an amount equal to less than 90 percent of the average of its allocation percentage for the two preceding fiscal years preceding the fiscal year for which the determination is made. The allocation percentage for a service delivery area is the percentage which the service delivery area received of the total amount allocated pursuant to this subsection to all service delivery areas within the State for each such preceding fiscal year. If the amounts appropriated pursuant to section 3(a) and (b) are not sufficient to provide an amount equal to at least 90 percent of such allocation percentages to each such area, the amounts allocated to each area shall be ratably reduced.". (b) Section 251(b) of the Act is amended by striking out "section 202(a)(2) and (3)" and inserting in lieu thereof "section 202(a)(2), (3), and (4)". USE OF INCENTIVE GRANT FUNDS

State and local governments, 29 USC 1518.

SEC. 6. Section 202(b)(3)(B) of the Act is amended— (1) by striking out "which do not qualify for incentive grants under this subparagraph"; and (2) by adding at the end thereof the following: "Funds availabig under this subparagraph may, without regard to section 108(a), be used by the Governor or a service delivery area during

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/161

 PUBLIC LAW 99-496—OCT. 16, 1986

100 STAT. 1263

not more than two program years to develop and implement a data collection system to track the postprogram experience of participants under this part.", SERVICES TO YOUTH

SEC. 7. Section 203(b)(1) of the Act is amended by adding at the end 29 USC 1603. thereof the following new sentence: "For the purpose of the preceding sentence, the term 'eligible youth' includes individuals who are 14 and 15 years of age and enrolled in pre-employment skills training.". SUMMER YOUTH EMPLOYMENT ASSESSMENT AND GOALS

SEC. 8. (a) Part B of title II of the Act is amended by— (1) redesignating sections 251 through 254, and all references thereto, as sections 252 through 255, respectively; and 29 USC (2) inserting after the part heading the following new section: 1631-1634. "PURPOSE

"SEC. 251. The purpose of programs assisted under this part is to— "(1) enhance the basic educational skills of youth; "(2) encourage school completion, or enrollment in supplementary or alternative school programs; and "(3) provide eligible youth with exposure to the world of work.". Ob) Section 253 of the Act (as redesignated by subsection (a)(1) of this section) is amended by— (1) inserting "(a)" before "Funds"; and (2) adding at the end thereof the following new subsection: "(b) A service delivery area shall assess the reading and mathematics skill levels of eligible participants in programs funded by this part and shall expend funds (from this Act or otherwise available to the service delivery area, or both) for basic and remedial education as described in the job training plan under section 104.". (c) Section 255 of the Act (as redesignated by subsection (a)(1) of this section) is amended by— (1) inserting "(a)" before "private"; and (2) adding at the end thereof the following new subsection: "(b) In accordance with the provisions of subsection (a), each service delivery area shall establish written program goals and objectives which shall be used for evaluating the effectiveness of programs conducted under this part. Such goals and objectives may include— "(1) improvement in school retention and completion; "(2) improvement in academic performance, including mathematics and reading comprehension; "(3) improvement in employability skills; and "(4) demonstrated coordination with other community service organizations such as local educational agencies, law enforcement agencies, and drug and alcohol prevention and treatment programs.". (d) The table of contents of the Act relating to part B of title II is amended to read as follows:

29 USC 1630.

29 USC 1632.

Education.

29 USC 1514. 29 USC 1634.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/162

 100 STAT. 1264

PUBLIC LAW 99-496—OCT. 16, 1986 "PART B—SUMMER YOUTH EMPLOYMENT AND TRAINING PROGRAMS

"Sec. 251. Purposes. "Sec. 252. Authorization of appropriations; allotment and allocation. "Sec. 253. Use of funds. "Sec. 254. Limitations. "Sec. 255. Applicable provisions.". AVAILABILITY OF SUMMER YOUTH PROGRAMS DURING NONSUMMER MONTHS Education. 29 USC 1633.

SEC. 9. Section 254(a) of the Act (as redesignated by section 8(a)(1) of this Act) is amended by inserting before the period at the end thereof the following: ", except that a service delivery area may, within the jurisdiction of any local educational agency that operates its schools on a year-round, full-time basis, offer the programs under this part to participants during a vacation period treated as the equivalent of a summer vacation". PROHIBITION OF MATCHING ON GRANTS FROM SECRETARY'S DISCRETIONARY FUNDS UNDER TITLE III

State and local governments. 29 USC 1651.

SEC. 10. Section 301(c) of the Act is amended by adding at the end thereof the following new sentence: "Such criteria shall not include any requirement that, in order to receive assistance under this subsection, the state shall provide a matching amount with funds available from one or more other sources.". IDENTIFICATION OF DISLOCATED WORKERS

29 USC 1652.

State and local governments.

SEC. 11. (a) Section 302(a) of the Act is amended— (1) by striking out "or" at the end of clause (2); (2) by striking out the period at the end of clause (3) and inserting in lieu thereof a semicolon and the word "or"; and (3) by inserting at the end thereof the following: "(4) were self-employed (including farmers) and are unemployed as a result of general economic conditions in the community in which they reside or because of natural disasters subject to the next sentence. The Secretary shall establish categories of self-employed individuals and of economic conditions and natural disasters to which clause (4) of the preceding sentence applies.". (b) Section 302(c) of the Act is amended by adding at the end thereof the following new paragraph: "(3) A State may serve any eligible individual under this part without regard to the residence of such individual.". TAXATION OF JOB CORPS OPERATIONS PROHIBITED

State and local governments. 29 USC 1707.

SEC. 12. Section 437(c) of the Act is amended to read as follows: "(c) Transactions conducted by a private for-profit contractor or a nonprofit contractor in connection with the contractor's operation of a Job Corps Center, program, or activity shall not be considered as generating gross receipts. Such contractors shall not be liable, directly or indirectly, to any State or subdivision thereof (nor to any person acting on behalf thereof) for any gross receipts taxes, business privilege taxes measured by gross receipts, or any similar taxes imposed on, or measured by, gross receipts in connection with any payments made to or by such contractor for operating a Job Corps Center, program, or activity. Such contractors shall not be liable to

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/163

 PUBLIC LAW 99-496—OCT. 16, 1986

100 STAT. 1265

any State or subdivision thereof to collect or pay any sales, excise, use, or similar tax imposed upon the sale to or use by such contractors of any property, service, or other item in connection with the operation of a Job Corps Center, program, or activity.". ADDITIONAL EXPERIMENTAL AND DEVELOPMENTAL PROJECTS AUTHORIZED

SEC. 13, Section 453(a) of the Act is amended— (1) by inserting "(1)" after the subsection designation, and (2) by adding at the end thereof the following new paragraph: "(2) From funds made available under this part, the Secretary may provide financial assistance for pilot projects for the training of individuals who are threatened with loss of their jobs due to technological changes, international economic policies or, general economic conditions.".

29 USC 1733.

Grants. Loans.

PROJECTS FOR SPECIAL POPULATIONS

SEC. 14. (a) Part D of title IV of the Act is amended by adding at the end thereof the following new section: PROJECTS FOR SPECIAL POPULATIONS

"SEC. 456. In carrying out this part, the Secretary shall include Handicapped projects designed to serve populations with multiple barriers to ^Q'^^H^employment, such as individuals listed in section 203(a)(2) and gg use 1603' individuals not otherwise targeted for assistance under this Act, with special consideration for displaced homemakers and the handicapped.". (b)(1) Section 4 of the Act is amended by inserting at the end 29 USC 1503. thereof the following new paragraph: "(29) The term 'displaced homemaker' means an individual who— "(A) was a full-time homemaker for a substantial number of years; and "(B) derived the substantial share of his or her support from— "(i) a spouse and no longer receives such support due to the death, divorce, permanent disability of, or permanent separation from the spouse; or "(ii) public assistance on account of dependents in the home and no longer receives such support.". (2) The table of contents of the Act is amended by adding after item "Sec. 455." the following new item: "Sec. 456. Projects for special populations.". VETERANS AMENDMENTS

SEC. 15. (a)(1) Section 4(5) of the Act is amended by inserting after "handicapped" a comma and the following: "including disabled veterans". (2) Section 4(27) of the Act is amended by adding at the end thereof the following new subparagraph:

29 USC 1503.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/164

 100 STAT. 1266

29 USC 1516.

29 USC 1518. 29 USC 1531. 29 USC 1533. 29 USC 1534.

PUBLIC LAW 99-496—OCT. 16, 1986

"(C) The term 'recently separated veteran' means any veteran who appHes for participation under any title of this Act within 48 months of the discharge or release from active military, naval, or air service. "(D) The term 'Vietnam era veteran' means a veteran any part of whose active military service occurred between August 5, 1964, and May 7, 1975.". (b) Section 106(d)(3) of the Act is amended by striking out "and offenders" and inserting in lieu thereof "disabled and Vietnam era veterans, including veterans who served in the Indochina Theater between August 5, 1964, and May 7, 1975, and offenders". (c) Section 108(c)(2)(B)(ii) of the Act is amended by inserting after "handicapped individuals" a comma and the following: "including disabled veterans". (d) Section 121(c)(10) of the Act is amended by adding before the period at the end thereof a comma and the following: "including Veterans' Administration programs". (e) Section 123(c)(1) of the Act is amended by inserting after "offenders" a comma and the following: "veterans,". (f) Section 124(b) of the Act is amended by inserting after "nonprofit private organizations" a comma and the following: "including veterans organizations". FARMER AND RANCHER DISLOCATION REPORT

Agriculture and agricultural

SEC. 16. Within 12 months after the date of enactment of this Act, the Secretary of Labor shall submit a report to the Congress

commodities.

which-

(1) uses data sources within the Departments of Labor, Agriculture, Commerce, and other Federal agencies to describe the dislocation of farmers and ranchers resulting from farm and ranch failures; (2) identifies and utilizes data sources and on-going studies conducted at the State and local levels, both within the public and private sectors, identifying and outlining the problem of farmer and rancher dislocation; and (3) examines the feasibility of establishing a national statistical data collection program for permanently dislocated farmers and ranchers. Approved October 16, 1986.

LEGISLATIVE HISTORY—S. 2069 (H.R. 5185): HOUSE REPORTS: No. 99-754 accompanying H.R. 5185 (Comm. on Education and Labor). SENATE REPORTS: No. 99-317 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 132 (1986): June 13, considered and passed Senate. Aug. 11, H.R. 5185 considered and passed House; proceedings vacated and S. 2069, amended, passed in lieu. Sept. 29, Senate concurred in House amendments with an amendment. Oct. 1, House concurred in Senate amendment. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Oct. 16, Presidential statement.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/165

 PUBLIC LAW 99-497—OCT. 17, 1986

100 STAT. 1267

Public Law 99-497 99th Congress An Act To authorize the inclusion of certain additional lands within the Apostle Islands National Lakeshore.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. The Act of September 26, 1970 (Public Law 91-424; 16 U.S.C. 460w) is amended as follows: (1) In section 1— (a) in the first sentence, after the phrase "consisting of, insert: ": (a) IN GENERAL.—"; (b) at the end of the first sentence, delete "1970" and insert: "1970; and "(b) LONG ISLAND ADDITION.—Approximately 200 acres of land at the mouth of Chequamegon Bay known as "Long Island", as depicted on the map numbered NL-AI-91,001 and dated December, 1985."; (c) in the last sentence, delete "map" and insert "maps". (2) In section 3, after the word "donation.", strike the following sentence and insert in lieu thereof the following: "Notwithstanding any other provision of law, any Federal property located within the boundaries of the lakeshore is hereby transferred without transfer of funds to the administrative jurisdiction of the Secretary for the purposes of the lakeshore: Provided, That the United States Coast Guard may retain a right to utilize a portion of such land and facilities for use as navigational aids so long as may be required.". (3) In section 4(c), after "January 1, 1967", insert: ", or before January 1, 1985 for those lands referred to in section 1(b)". (4) Section 8 of such Act is amended by adding the following at the end thereof: "Effective October 1, 1986, there are authorized to be appropriated such additional sums as may be necessary for the acquisition of the lands described in section 1(b).". Approved October 17, 1986.

LEGISLATIVE HISTORY—H.R. 2182: HOUSE REPORTS: No. 99-441 (Comm. on Interior and Insular Affairs). SENATE REPORTS: No. 99-499 (Coram, on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 131 (1985): Dec. 16, considered and passed House. Vol. 132 (1986): Oct. 8, considered and passed Senate.

71-19A 0 -

QL. 3 Part 2

Oct. 17, 1986 [H.R. 2182]

16 USC 460w.

eoast Guard. 16 USC 460W-2.

16 USC 460w-3 Effective date. 16 USC 460W-7.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/166

 100 STAT. 1268

PUBLIC LAW 99-498—OCT. 17, 1986

Public Law 99- •498 99th Congress

An Act Oct. 17, 1986 [S. 1965] Higher Education Amendments of 1986. 20 USC 1001 note.

To reauthorize and revise the Higher Education Act of 1965, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE; REFERENCES; TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Higher Education Amendments of 1986". (b) REFERENCES.—References in this Act (except as otherwise provided) to "the Act" are to the Higher Education Act of 1965. (c) TABLE OF CONTENTS.— Sec. 1. Short title; references; table of contents. Sec. 2. Effective date. Sec. 3. Contracting authority subject to appropriations. TITLE I—AMENDMENT TO TITLE I OF THE ACT Sec. 101. Revision of title I. "TITLE I—POSTSECONDARY PROGRAMS FOR NONTRADITIONAL STUDENTS "Sec. 101. Findings. "Sec. 102. Definitions. "Sec. 103. Limitation on contract authority. "PART A—PROGRAM AND PLANNING GRANTS

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

111. Institutional development. 112. Establishment of off-campus program grants. 113. Adult and continuing education staff development. 114. Administration of programs by the Secretary. 115. Authorization of appropriations. "PART B—NATIONAL PROGRAMS

"Sec. 121. Adult learning research. "Sec. 122. Authorization limitation. "PART C—THE NATIONAL ADVISORY COUNCIL ON CONTINUING EDUCATION

"Sec. 131. National Advisory Council on Continuing Education.". Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE II—LIBRARIES 201. Purpose; authorization. 202. College library resources. 203. Definition of full-time equivalent student. 204. Repeal of special purpose grants. 205. Research and demonstration. 206. Strengthening research library resources. 207. College library technology and cooperation.

TITLE III—INSTITUTIONAL AID Sec. 301. Institutional aid reauthorized. "TITLE III—INSTITUTIONAL AID "Sec. 301. Findings and purposes.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/167

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1269

"PART A—STRENGTHENING INSTITUTIONS

"Sec. 311. Program purpose. "Sec. 312. Definitions; eligibility. "Sec. 313. Duration of grant. "PART B—STRENGTHENING HISTORICALLY BLACK COLLEGES AND UNIVERSITIES

"Sec. 321. Findings and purposes. "Sec. 322. Definitions. "Sec. 323. Grants to institutions. "Sec. 324. Allotments to institutions. "Sec. 325. Applications. "Sec. 326. Professional or graduate institutions. "Sec. 327. Reporting and audit requirements. "PART C—CHALLENGE GRANTS FOR INSTITUTIONS ELIGIBLE FOR ASSISTANCE UNDER PART A OR PART B

"Sec. 331. Establishment of challenge grant program. "Sec. 332. Endowment challenge grants. "PART D—GENERAL PROVISIONS

"Sec. 351. Applications for assistance. "Sec. 352. Waiver authority and reporting requirement. "Sec. 353. Application review process. "Sec. 354. Cooperative arrangements. "Sec. 355. Special payments rules. "Sec. 356. Assistance to institutions under other programs. "Sec. 357. Limitations. "Sec. 358. Penalties. "Sec. 359. Challenge grant application required. "Sec. 360. Authorizations of appropriations.". TITLE IV-STUDENT ASSISTANCE Sec. 401. Students grants reauthorized. "TITLE IV—STUDENT ASSISTANCE "PART A—GRANTS TO STUDENTS IN ATTENDANCE AT INSTITUTIONS OP HIGHER EDUCATION

"Sec. 401. Statement of purpose; program authorization. "SUBPART 1—BASIC EDUCATIONAL OPPORTUNITY GRANTS

"Sec. 411. Basic educational opportunity grants: amount and determinations; applications. "Sec. 411 A. Family contribution schedule for Pell Grants; data elements. "Sec. 41 IB. Eligibility determination for dependent students. "Sec. 41IC. Eligibility determination for independent students with dependents other than a spouse. "Sec. 41 ID. Eligibility determination for single independent students or for married independent students without other dependents. "Sec. 411E. Regulations; updated tables. "Sec. 41 IF. Definitions; determinations. "SUBPART 2—SUPPLEMENTAL EDUCATIONAL OPPORTUNITY GRANTS

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

413A. Purpose; appropriations authorized. 413B. Amount and duration of grants. 413C. Agreements with institutions; selection of recipients. 413D. Allocation of funds. "SUBPART 3—GRANTS TO STATES FOR STATE STUDENT INCENTIVES

"Sec. 415A. Purpose; appropriations authorized.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/168

 100 STAT. 1270

PUBLIC LAW 99-498—OCT. 17, 1986 "Sec. "Sec. "Sec. "Sec.

415B. Allotment among States. 415C. Applications for State student incentive grant programs. 415D. Administration of State programs; judicial review. 415E. Definition. "SUBPART 4—SPECIAL PROGRAMS FOR STUDENTS FROM DISADVANTAGED BACKGROUNDS

"Sec. 417A. Program authority; authorization of appropriations. "Sec. 417B. Talent search. "Sec. 417C. Upward bound. "Sec. 417D. Student support services. "Sec. 417E. Educational opportunity centers. "Sec. 417F. Staff development activities. "SUBPART 5—SPECIAL PROGRAMS FOR STUDENTS WHOSE FAMILIES ARE ENGAGED IN MIGRANT AND SEASONAL FARMWORK

"Sec. 418A. Maintenance and expansion of existing programs. "SUBPART 6—ROBERT C. BYRD HONORS SCHOLARSHIP PROGRAM

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

i

419A. Statement of purpose. 419B. Definition. 419C. Scholarships authorized. 419D. Allocation among States. 419E. Agreements. 419F. Eligibility of scholars. 419G. Selection of scholars. 419H. Stipends and scholarship conditions. 4191. Awards ceremony. 419J. Construction of needs provisions. 419K. Authorization of appropriations. "SUBPART 7—ASSISTANCE TO INSTITUTIONS OF HIGHER EDUCATION

"Sec. 420. Payments to institutions of higher education. "Sec. 420A. Veterans education outreach program. "SUBPART 8—SPECIAL CHILD CARE SERVICES FOR DISADVANTAGED COLLEGE STUDENTS

"Sec. 420B. Special child care services for disadvantaged college students.". Sec. 402. Extension of guaranteed student loan program. "PART B—GUARANTEED STUDENT LOAN PROGRAM

"Sec. 421. Statement of purpose; nondiscrimination; and appropriations authorized. "Sec. 422. Advances for reserve funds of State and nonprofit private loan insurance programs. "Sec. 423. Effects of adequate non-Federal programs. "Sec. 424. Scope and duration of Federal loan insurance program. "Sec. 425. Limitations on individual federally insured loans and on Federal loan insurance. "Sec. 426. Sources of funds. "Sec. 427. Eligibility of student borrowers and terms of federally insured student loans. "Sec. 427A. Applicable interest rates. "Sec. 428. Federal payments to reduce student interest costs. "Sec. 428A. Supplemental loans for students. "Sec. 428B. Plus loans. "Sec. 428C. Consolidation loans. "Sec. 428D. Commingling of funds. "Sec. 428E. State garnishment law requirements. "Sec. 428F. Rehabilitation of defaulted loans. "Sec. 429. Certificate of Federal loan insurance—effective date of insurance.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/169

 PUBLIC LAW 99-498—OCT. 17, 1986

100 STAT. 1271

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

430. Default of student under Federal loan insurance program. 430A. Reports to credit bureaus and institutions of higher education. 431. Insurance fund. 432. Legal powers and responsibilities. 433. Student loan information by eligible lenders. 434. Participation by Federal credit unions in Federal, State, and private student loan insurance programs. "Sec. 435. Definitions for student loan insurance program. "Sec. 436. District of Columbia student loan insurance program. "Sec. 437. Repayment by the Secretary of loans of bankrupt, deceased, or disabled borrowers. "Sec. 438. Special allowances. "Sec. 439. Student loan marketing association.".

Sec. 403. Work study reauthorized. "PART C—WORK-STUDY PROGRAMS

"Sec. 441. Purpose; appropriations authorized. "Sec. 442. Allocation of funds. "Sec. 443. Grants for work-study programs. "Sec. 444. Sources of matching funds. "Sec. 445. Flexible use of funds. "Sec. 446. Job location and development programs. "Sec. 447. Work study for community service-learning on behalf of low-income individuals and families.'. Sec. 404. Demonstration project authorized. "PART D—INCOME CONTINGENT DIRECT LOAN DEMONSTRATION PROJECT

"Sec. 451. Statement of purpose. "Sec. 452. Demonstration project authorized. "Sec. 453. Agreements with institutions of higher education. "Sec. 454. Terms of loan under the pilot program. "Sec. 455. Feasibility study.". Sec. 405. Amendment to part E of the Act. "PART E—DIRECT LOANS TO STUDENTS IN INSTITUTIONS OF HIGHER EDUCATION

"Sec. 461. Appropriations authorized. "Sec. 462. Allocation of funds. "Sec. 463. Agreements with institutions of higher education. "Sec. 463A. Student loan information by eligible institutions. "Sec. 464. Terms of loans. "Sec. 465. Cancellation of loans for certain public service. "Sec. 466. Distribution of assets from student loan funds. "Sec. 467. Collection of defaulted loans. "Sec. 468. General authority of Secretary.", Sec. 406. Addition of a new part F relating to need analysis for student assistance. "PART F — N E E D ANALYSIS

"Sec. 471. Amount of need. "Sec. 472. Cost of attendance. "Sec. 473. Family contribution. "Sec. 474. Data elements used in determining expected family contribution. "Sec. 475. Family contribution for dependent students. "Sec. 476. Family contribution for independent students without dependents. "Sec. 477. Family contribution for independent students with dependents. "Sec. 478. Regulations; updated tables. "Sec. 479. Simplified needs test. "Sec. 479A. Discretion of student financial aid administrators. "Sec. 479B. Student assistance and other Federal programs. "Sec. 480. Definitions.". Sec. 407. Revision of student assistance general provisions.

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/170

 100 STAT. 1272

PUBLIC LAW 99-498—OCT. 17, 1986 "PART G—GENERAL PROVISIONS RELATING TO STUDENT ASSISTANCE PROGRAMS

"Sec. 481. Definitions. "Sec. 482. Master calendar. "Sec. 483. Forms and regulations. "Sec. 484. Student eligibility. "Sec. 484A. Statute of limitations. "Sec. 485. Institutional and financial assistance information for students. "Sec. 485A. Combined payment plan. "Sec. 485B. National student loan data system. "Sec. 486. Training in financial aid and student support services. "Sec. 487. Program participation agreements. "Sec. 488. Transfer of allotments. "Sec. 489. Administrative expenses. "Sec. 490. Criminal penalties. "Sec. 491. Advisory Committee on Student Financial Assistance.". Sec. 408. Conforming provisions. TITLE V—TEACHER TRAINING AND DEVELOPMENT Sec. 501. Revision of title V. "TITLE V—EDUCATOR RECRUITMENT, RETENTION, AND DEVELOPMENT "Sec. 501. Statement of purpose; applicability. "Sec. 502. Authorization of appropriations.

-,

"PART A—MIDCAREER TEACHER TRAINING FOR NONTRADITIONAL STUDENTS

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

511. Statement of purpose. 512. Selection procedures. 513. Applications. 514. Amount of grants. 515. Reports and information. "PART B—SCHOOL, COLLEGE, AND UNIVERSITY PARTNERSHIPS

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

t >'

521. Purpose. 522. Partnership agreement. 523. Grants. 524. Application for grants. 525. Community college pilot project. "PART C—PROFESSIONAL DEVELOPMENT AND LEADERSHIP PROGRAMS "SUBPART 1—PROFESSIONAL DEVELOPMENT RESOURCE CENTERS

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

531. Program authority and purpose. 532. Geographical distribution of grants. 533. Grant requirements. 534. Professional development policy board. 535. Submission and approval of applications.

 * « K,

"SUBPART 2—LEADERSHIP IN EDUCATIONAL ADMINISTRATION DEVELOPMENT

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

541. Purpose; intention; regulations. 542. Allocation of appropriations. 543. Technical assistance centers. 544. General criteria for contracts. 545. Definitions.

=

wv

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/171

 PUBLIC LAW 99-498—OCT. 17, 1986 "PART D—TEACHER SCHOLARSHIPS AND FELLOWSHIPS "SUBPART 1—CONGRESSIONAL TEACHER SCHOLARSHIP PROGRAMS

"Sec. 551. Purpose. "Sec. 552. Allocation among States. "Sec. 553. Grant applications. "Sec. 554. Amount and duration of and relation to other assistance. "Sec. 555. Selection of Congressional Teacher Scholars. "Sec. 556. Scholarship conditions. "Sec. 557. Scholarship repayment provisions. "Sec. 558. Exceptions to repayment provisions. "Sec. 559. Federal administration of State programs; judicial review. "SUBPART 2—CHRISTA MCAUUFFE FELLOWSHIP PROGRAM

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

561. Declaration of purpose; designation. 562. Use of funds for fellowships and administration. 563. Christa McAuliffe fellowships. 564. Selection of Christa McAuliffe teacher fellowships. 565. Evaluation of applications. 566. Fellowship repayment provisions. "PART E—STATE TASK FORCES ON TEACHER TRAINING

"Sec. 571. State task forces on teacher training.". Sec. 502. Taft Institute. TITLE VI—INTERNATIONAL EDUCATION PROGRAMS Sec. 601. Findings and purposes. Sec. 602. Language and area centers. Sec. 603. Foreign language resource centers. Sec. 604. Undergraduate international studies and foreign language programs. Sec. 605. Intensive summer language institutes. Sec. 606. Research; studies; annual report. Sec. 607. Periodicals published outside the United States. Sec. 608. Selection of grant recipients. Sec. 609. Reauthorization of part A. Sec. 610. Business and international education programs. Sec. 611. Overseas internships. Sec. 612. Reauthorization of part B. Sec. 613. Advisory Board. Sec. 614. Definitions. TITLE VII-CONSTRUCTION AND RENOVATION Sec. 701. Revision of title VII. "TITLE VII—CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF ACADEMIC FACILITIES "Sec. 701. Purposes. "Sec. 702. Appropriations authorized. "PART A—GRANTS FOR THE CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF UNDERGRADUATE ACADEMIC FACILITIES

"Sec. 711. State plan. "Sec. 712. Basic criteria. "Sec. 713. Allotment of funds. "PART B—GRANTS FOR CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF GRADUATE ACADEMIC FACILITIES

"Sec. 721. Grants.

100 STAT. 1273

�


text:
Page:United States Statutes at Large Volume 100 Part 2.djvu/172

 100 STAT. 1274

PUBLIC LAW 99-498—OCT. 17, 1986 "PART C—LOANS FOR CONSTRUCTION, RECONSTRUCTION, AND RENOVATION OF ACADEMIC FACILITIES

"Sec. 731. Eligibility conditions, amounts, and terms. "Sec. 732. General provisions for loan program. "Sec. 733. Revolving loan and insurance fund. "PART D—GRANTS TO PAY INTEREST ON DEBT

"Sec. 741. Annual interest grants. "PART E—COLLEGE CONSTRUCTION LOAN INSURANCE ASSOCIATION

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

751. Congressional declaration of purpose; definition; incorporation. 752. Criteria for guarantees and insurance. 753. Process of organization. 754. Operation and election of Board of Directors. 755. Initial capital. 756. Issue of nonvoting stock and debt to the public. 757. Obligations not federally guaranteed; no Federal priority. 758. Authority of Secretary to sell common stock; right of first refusal. 759. Use of stock sale proceeds. 760. Audits; reports to the President and the Congress. "PART F—HOUSING AND OTHER EDUCATIONAL FACILITIES LOANS

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

761. Federal assistance in the form of loans. 762. General provisions. 763. Apportionment; priorities. 764. Definitions. "PART G—SPECIAL PROGRAMS

"Sec. 771. Welch Hall. "Sec. 772. Academic Health Education Center authorized. "Sec. 773. Estey Hall. "Sec. 774. Electronic instructional network for gifted and talented students. "Sec. 775. Mary McLeod Bethune Memorial Fine Arts Center. "Sec. 776. University of Connecticut Behavioral Science Facility. "Sec. 777. University of Rhode Island business administration program. "PART H—GENERAL

"Sec. 781. Recovery of payments. "Sec. 782. Definitions. "Sec. 783. Sales of obligations required.". Sec. 702. Conforming provision. TITLE VIII—COOPERATIVE EDUCATION Sec. 801. Cooperative education reauthorized.

' '' '^

"TITLE VIII—COOPERATIVE EDUCATION "Sec. 801. Appropriations authorized; reservations. "Sec. 802. Grants for cooperative education programs. "Sec. 803. Demonstration and innovation projects; training and resource centers; and research.". TITLE IX—GRADUATE EDUCATION Sec. 901. Revision of title IX. "TITLE IX—GRADUATE PROGRAMS "PART A—GRANTS TO INSTITUTIONS TO ENCOURAGE MINORITY PARTICIPATION IN GRADUATE EDUCATION

"Sec. 901. Graduate education programs reauthorized. "Sec. 902. Submission and contents of applications. "Sec. 903. Use of funds.

-•..j. ' •• *

-.

�