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Page:United States Statutes at Large Volume 96 Part 2.djvu/45

 PUBLIC LAW 97-302—OCT. 13, 1982

96 STAT. 1407

Public Law 97-302 97th Congress An Act To direct the Secretary of Agriculture to release on behalf of the United States a reversionary interest in certain lands conveyed to the Arkansas Forestry Commission, and to direct the Secretary of the Interior to convey certain mineral interests of the United States in such lands to such Commission.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. (a)(1) Subject to subsection (b), the Secretary of Agriculture shall release on behalf of the United States, with respect to lands within the Southern Arkansas Land Utilization Project (AKLU-22) conveyed by the United States to the Arkansas Forestry Commission (hereinafter referred to as the "Commission") by a quitclaim deed dated February 11, 1980, the condition in such deed which requires that such lands be used for public purposes, and if not so used, that the lands revert to and revest in the United States. (2) Section 32(c) of the Bankhead-Jones Farm Tenant Act (7 U.S.C. 1011(c)) shall not apply to the release authorized in paragraph (1). (b) The Secretary of Agriculture shall release the condition referred to in subsection (a)(1) only with respect to lands covered by and described in an agreement or agreements entered into between the Secretary and the Commission in which the Commission, in consideration of the release of such condition as to such lands, agrees that— (1) the Commission will not exchange any parcel or tract of the lands referred to in subsection (a)(1), or any mineral or other interest in any such parcel or tract for other property (real or personal) unless— (A) the fair market value of such property is approximately equal to the fair market value of such parcel or tract or interest therein, and (B) after such exchange, such property will be used exclusively for public purposes, and (2) the Commission will not sell, lease, or otherwise dispose of any parcel or tract of such lands or any mineral or other interest in any such parcel or tract unless the proceeds thereof are— (A) deposited and held in an account open to inspection by the Secretary of Agriculture, and (B) used, if withdrawn from such account, exclusively for public purposes within the authority of the Commission, and (C) equal to the fair market value of the fee, leasehold, interest in such parcel or tract, or other property right which is the subject of such sale, lease, or other disposition. SEC. 2. (a) Subsequent to any release executed by the Secretary of Agriculture under section 1, with respect to lands in Nevada County, Arkansas, described as the southeast quarter southwest quarter and southwest quarter southeast quarter, section 27, township 12 south, range 20 west (aggregating 80 acres more or less) the

Oct. 13, 1982 [H.R. 3881]

Arkansas Forestry Commission. Certain lands, conveyance. Southern Arkansas Land Utilization Project.

Nevada County, Ark.

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 96 STAT. 1408

PUBLIC LAW 97-302—OCT. 13, 1982

Commission may apply to the Secretary of the Interior seeking to acquire all the undivided mineral interests of the United States in the lands to which such release applied, and the Secretary of the Interior shall, subject to valid existing rights and subject to subsection (b), convey such mineral interests as requested. (b) The Secretary of the Interior shall not convey the undivided mineral interests of the United States in any lands as requested in an application filed by the Commission under subsection (a) unless— (1) such application is accompanied by a sum of money which the Secretary of the Interior determines is necessary to pay the administrative costs involved in conveying such mineral interests to the Commission, including the costs of determining the mineral character of such lands and the costs of establishing the fair market value of such mineral interests, and (2) the Commission, in consideration of such conveyance, pays to the Secretary of the Interior— (A) $1, in the case of any such lands determined by the Secretary of the Interior to have no mineral value and to be under no active mineral development or leasing, or (B) the fair market value of such mineral interests (as determined by the Secretary of the Interior), in the case of any such lands not subject to subparagraph (A). Approved October 18, 1982.

LEGISLATIVE HISTORY—H.R. 3881: HOUSE REPORTS: No. 97-447 Pt. I (Comm. on Agriculture), Pt. II (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-570 (Comm. on Agriculture, Nutrition, and Forestry). CONGRESSIONAL RECORD, Vol. 128 (1982): May 17, considered and passed House. Sept. 29, considered and passed Senate. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 18, No. 41 (1982): Oct. 14, Presidential statement.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/47

 PUBLIC LAW 97-303—OCT. 13, 1982

96 STAT. 1409

Public Law 97-803 97th Congress

An Act To clarify the jurisdiction of the Securities and Exchange Commission and the definition of security, 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. Section 2(1) of the Securities Act of 1933 (15 U.S.C. 77b(l)) is amended by inserting after "mineral rights," the following: "any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency,". SEC. 2. Section 3(a)(10) of the Securities Exchange Act of 1934 (15 U.S.C. 78c(a)(10)) is amended by inserting after "for a security," the following: "any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency,". SEC. 3. Section 9 of the Securities Exchange Act of 1934 (15 U.S.C. 78i) is amended— (1) by striking out "this section" in subsection (f) and inserting in lieu thereof subsection (a)"; and (2) by inserting after subsection (f) the following new subsection: "(g) Notwithstanding any other provision of law, the Commission shall have the authority to regulate the trading of any put, call, straddle, option, or privilege on any security, certificate of deposit, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency (but not, with respect to any of the foregoing, an option on a contract for future delivery).". SEC. 4. Section 28(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78bb(a)) is amended by adding at the end thereof the following new sentence: "No State law which prohibits or regulates the making or promoting of wagering or gaming contracts, or the operation of 'bucket shops' or other similar or related activities, shall invalidate any put, call, straddle, option, privilege, or other security, or apply to any activity which is incidental or related to the offer, purchase, sale, exercise, settlement, or closeout of any such instrument, if such instrument is traded pursuant to rules and regulations of a self-regulatory organization that are filed with the Commission pursuant to section 19(b) of this Act.". SEC. 5. Section 2(a)(36) of the Investment Company Act of 1940 (15 U.S.C. 80a-2(a)(36)) is amended by inserting after "mineral rights," the following: "any put, call, straddle, option, or privilege on any security (including a certificate of deposit) or on any group or index of securities (including any interest therein or based on the value

Oct. 13, 1982 [H.R. 6156] Securities and Exchange Commission, jurisdiction clarification.

Authority to regulate trading.

15 USC 79s.

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 96 STAT. 1410

15 USC mil

PUBLIC LAW 97-303—OCT. 13, 1982

thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency,". SEC. 6. Section 202(a)(18) of the Investment Advisers Act of 1940 (15 U.S.C. 80b-2(a)(18)) is amended by inserting after "mineral rights," the following: "any put, call, straddle, option, or privilege on any security (incluc^g a certificate of deposit) or on any group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency,". SEC. 7. Section 16(14) of the Securities Investor Protection Act (15 U.S.C. 78111(14)) is amended— (1) by inserting after "Securities Act of 1933)," the following: "any put, call, straddle, option, or privilege on any security, or group or index of securities (including any interest therein or based on the value thereof), or any put, call, straddle, option, or privilege entered into on a national securities exchange relating to foreign currency,"; and (2) by striking out "The" in the last sentence and inserting in lieu thereof "Except as specifically provided above, the". Approved October 13, 1982.

LEGISLATIVE HISTORY—H.R. 6156 (S. 2260): HOUSE REPORTS: No. 97-626 Pt. I (Comm. on Energy and Commerce), Pt. II (Comm. on Agriculture). SENATE REPORT No. 97-390 accompanying S. 2260 (Comm. on Banking, Housing, and Urban Affairs). CONGRESSIONAL RECORD, Vol. 128 (1982): Sept. 23, considered and passed House. Oct. 1, considered and passed Senate.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/49

 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1411

Public Law 97-304 97th Congress An Act To authorize appropriations to carry out the provisions of the Endangered Species Act of 1973 for fiscal years 1983, 1984, and 1985, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That this Act may be cited as the "Endangered Species Act Amendments of 1982". SEC. 2. LISTING PROCESS.

Oct. 13, 1982 [H.R. 6133] Endangered Species Act Amendments of 1982. 16 USC 1531 note.

(a) Section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) is amended as follows: (1) Subsection (a) is amended— (A) by redesignating subparagraphs (1) through (5) of paragraph (1) as subparagraphs (A) through (E), respectively; (B) by amending that part of paragraph (1) which precedes subparagraph (A) (as so redesignated) by inserting "promulgated in accordance with subsection (b)" immediately after "shall by regulation"; (C) by striking out "sporting," in paragraph (1)(B) (as so redesignated) and inserting in lieu thereof "recreational,"; (D) by striking out the last two sentences in paragraph (1); and (E) by adding at the end thereof the following new Regulations. paragraph: "(3) The Secretary, by regulation promulgated in accordance with subsection (b) and to the maximum extent prudent and determinable— "(A) shall, concurrently with making a determination under paragraph (1) that a species is an endangered species or a threatened species, designate any habitat of such species which is then considered to be critical habitat; and "(B) may, from time-to-time thereafter as appropriate, revise such designation.". (2) Subsection (b) is amended to read as follows: "(b) BASIS FOR DETERMINATIONS.—(1)(A) The Secretary shall make determinations required by subsection (a)(1) solely on the basis of the best scientific and commercial data available to him after conducting a review of the status of the species and after taking into account those efforts, if any, being made by any State or foreign nation, or any political subdivision of a State or foreign nation, to protect such species, whether by predator control, protection of habitat and food supply, or other conservation practices, within any area under its jurisdiction, or on the high seas. "(B) In carrying out this section, the Secretary shall give consideration to species which have been— "(i) designated as requiring protection from unrestricted commerce by any foreign nation, or pursuant to any international agreement; or

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 96 STAT. 1412

Petition, findings.

Review. Publications in Federal Register.

PUBLIC LAW 97-304—OCT. 13, 1982

"(ii) identified as in danger of extinction, or likely to become so within the foreseeable future, by any State agency or by any agency of a foreign nation that is responsible for the conservation of fish or wildlife or plants. "(2) The Secretary shall designate critical habitat, and make revisions thereto, under subsection (a)(3) on the basis of the best scientific data available and after taking into consideration the economic impact, and any other relevant impact, of specifying any particular area as critical habitat. The Secretary may exclude any area from critical habitat if he determines that the benefits of such exclusion outweigh the benefits of specifying such area as part of the critical habitat, unless he determines, based on the best scientific and commercial data available, that the failure to designate such area as critical habitat will result in the extinction of the species concerned. "(3)(A) To the maximum extent practicable, within 90 days after receiving the petition of an interested person under section 553(e) of title 5, United States Code, to add a species to, or to remove a species from, either of the lists published under subsection (c), the Secretary shall make a finding as to whether the petition presents substantial scientific or commercial information indicating that the petitioned action may be warranted. If such a petition is found to present such information, the Secretary shall promptly commence a review of the status of the species concerned. The Secretary shall promptly publish each finding made under this subparagraph in the Federal Register. "(B) Within 12 months after receiving a petition that is found under subparagraph (A) to present substantial information indicating that the petitioned action may be warranted, the Secretary shall make one of the following findings: "(i) The petitioned action is not warranted, in which case the Secretary shall promptly publish such finding in the Federal Register. "(ii) The petitioned action is warranted, in which case the Secretary shall promptly publish in the Federal Register a general notice and the complete text of a proposed regulation to implement such action in accordance with paragraph (5). "(iii) The petitioned action is warranted, but that— "(I) the immediate proposal and timely promulgation of a final regulation implementing the petitioned action in accordance with paragraphs (5) and (6) is precluded by pending proposals to determine whether any species is an endangered species or a threatened species, and "(II) expeditious progress is being made to add qualified species to either of the lists published under subsection (c) and to remove from such lists species for which the protections of the Act are no longer necessary, in which case the Secretary shall promptly publish such finding in the Federal Register, together with a description and evaJuation of the reasons and data on which the finding is based. "(C)(i) A petition with respect to which a finding is made under subparagraph (B)(iii) shall be treated as a petition that is resubmitted to the Secretary under subparagraph (A) on the date of such finding and that presents substantial scientific or commercial information that the petitioned action may be warranted.

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 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1413

"(ii) Any negative finding described in subparagraph (A) and any finding described in subparagraph (B)(i) or (iii) shall be subject to judicial review. "(D)(i) To the maximum extent practicable, within 90 days after receiving the petition of an interested person under section 553(e) of title 5, United States Code, to revise a critical habitat designation, the Secretary shall make a finding as to whether the petition presents substantial scientific information indicating that the revision may be warranted. The Secretary shall promptly publish such finding in the Federal Register. "(ii) Within 12 months after receiving a petition that is found under clause (i) to present substantial information indicating that the requested revision may be warranted, the Secretary shall determine how he intends to proceed with the requested revision, and shall promptly publish notice of such intention in the Federal Register. "(4) Except as provided in paragraphs (5) and (6) of this subsection, the provisions of section 553 of title 5, United States Code (relating to rulemaking procedures), shall apply to any regulation promulgated to carry out the purposes of this Act. "(5) With respect to any regulation proposed by the Secretary to implement a determination, designation, or revision referred to in subsection (a)(1) or (3), the Secretary shall— "(A) not less than 90 days before the effective date of the regulation— "(i) publish a general notice and the complete text of the proposed regulation in the Federal Register, and "(ii) give actual notice of the proposed regulation (including the complete text of the regulation) to the State agency in each State in which the species is believed to occur, and to each county or equivalent jurisdiction in which the species is believed to occur, and invite the comment of such agency, and each such jurisdiction, thereon; "(B) insofar as practical, and in cooperation with the Secretary of State, give notice of the proposed regulation to each foreign nation in which the species is believed to occur or whose citizens harvest the species on the high seas, and invite the comment of such nation thereon; "(C) give notice of the proposed regulation to such professional scientific organizations as he deems appropriate; "(D) publish a summary of the proposed regulation in a newspaper of general circulation in each area of the United States in which the species is believed to occur; and "(E) promptly hold one public hearing on the proposed regulation if any person files a request for such a hearing within 45 days after the date of publication of general notice. "(6)(A) Within the one-year period beginning on the date on which general notice is published in accordance with paragraph (5)(A)(i) regarding a proposed regulation, the Secretary shall publish in the Federal Register— "(i) if a determination as to whether a species is an endangered species or a threatened species, or a revision of critical habitat, is involved, either— "(I) a final regulation to implement such determination, "(II) a final regulation to implement such revision or a finding that such revision should not be made.

Judicial review.

Petition, findings.

Publications in Federal Register.

Notice.

Hearings.

Publication in Federal Register.

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 96 STAT. 1414

Additional information, extension period.

Judicial review.

Publication in Federal Register.

PUBLIC LAW 97-304—OCT. 13, 1982

"(Ill) notice that such one-year period is being extended under subparagraph (B)(i), or "(IV) notice that the proposed regulation is being withdrawn under subparagraph (B)(ii), together with the finding on which such withdrawal is based; or "(ii) subject to subparagraph (C), if a designation of critical habitat is involved, either— "(I) a final regulation to implement such designation, or "(II) notice that such one-year period is being extended under such subparagraph. "(B)(i) If the Secretary finds with respect to a proposed regulation referred to in subparagraph (A)(i) that there is substantial disagreement regarding the sufficiency or accuracy of the available data relevant to the determination or revision concerned, the Secretary may extend the one-year period specified in subparagraph (A) for not more than six months for purposes of soliciting additional data. "(ii) If a proposed regulation referred to in subparagraph (A)(i) is not promulgated as a final regulation within such one-year period (or longer period if extension under clause (i) applies) because the Secretary finds that there is not sufficient evidence to justify the action proposed by the regulation, the Secretary shall immediately withdraw the regulation. The finding on which a withdrawal is based shall be subject to judicial review. The Secretary may not propose a regulation that has previously been withdrawn under this clause unless he determines that sufficient new information is available to warrant such proposal. "(iii) If the one-year period specified in subparagraph (A) is extended under clause (i) with respect to a proposed regulation, then before the close of such extended period the Secretary shall publish in the Federal Register either a final regulation to implement the determination or revision concerned, a finding that the revision should not be made, or a notice of withdrawal of the regulation under clause (ii), together with the finding on which the withdrawal is based. "(C) A final regulation designating critical habitat of an endangered species or a threatened species shall be published concurrently with the final regulation implementing the determination that such species is endangered or threatened, unless the Secretary deems that— "(i) it is essential to the conservation of such species that the regulation implementing such determination be promptly published; or "(ii) critical habitat of such species is not then determinable, in which case the Secretary, with respect to the proposed regulation to designate such habitat, may extend the one-year period specified in subparagraph (A) by not more than one additional year, but not later than the close of such additional year the Secretary must publish a final regulation, based on such data as may be available at that time, designating, to the maximum extent prudent, such habitat. "(7) Neither paragraph (4), (5), or (6) of this subsection nor section 553 of title 5, United States Code, shall apply to any regulation issued by the Secretary in regard to any emergency posing a significant risk to the well-being of any species of fish or wildlife or plants, but only if—

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 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1415

"(A) at the time of publication of the regulation in the Federal Register the Secretary publishes therein detailed reasons why such regulation is necessary; and "(B) in the case such regulation applies to resident species of fish or wildlife, or plants, the Secretary gives actual notice of such regulation to the State agency in each State in which such species is believed to occur. Such regulation shall, at the discretion of the Secretary, take effect immediately upon the publication of the regulation in the Federal Register. Any regulation promulgated under the authority of this paragraph shall cease to have force and effect at the close of the 240day period following the date of publication unless, during such 240day period, the rulemaking procedures which would apply to such regulation without regard to this paragraph are complied with. If at any time after issuing an emergency regulation the Secretary determines, on the basis of the best appropriate data available to him, that substantial evidence does not exist to warrant such regulation, he shall withdraw it. "(8) The publication in the Federal Register of any proposed or final regulation which is necessary or appropriate to carry out the purposes of this Act shall include a summary by the Secretary of the data on which such regulation is based and shall show the relationship of such data to such regulation; and if such regulation designates or revises critical habitat, such summary shall, to the maximum extent practicable, also include a brief description and evaluation of those activities (whether public or private) which, in the opinion of the Secretary, if undertaken may adversely modify such habitat, or may be affected by such designation.". (3) Subsection (c) is amended— (A) by amending paragraph (1) by striking out ", and from time to time he may by regulation revise," in the first sentence thereof, and by adding at the end thereof the following new sentence: "The Secretary shall from time to time revise each list published under the authority of this subsection to reflect recent determinations, designations, and revisions made in accordance with subsections (a) and (b).", (B) by striking out paragraphs (2) and (3) thereof; and (C) by redesignating paragraph (4) thereof as paragraph (2). (4) Such section 4 is further amended— (A) by amending subsection (d) by striking out "section 6(a)" and inserting in lieu thereof "section 6(c)"; (B) by striking out subsection (f) thereof; (C) by redesignating subsections (g) and (h) as subsections (f) and (g), respectively; (D) by amending the second sentence of subsection (f) (as redesignated by subparagraph (O) by striking out "recovery plans," and inserting in lieu thereof "recovery plans (1) shall, to the maximum extent practicable, give priority to those endangered species or threatened species most likely to benefit from such plans, particularly those species that are, or may be, in conflict with construction or other developmental projects or other forms of economic activity, and (2)"; (E) by amending subsection (g) (as redesignated by subparagraph (C))—

Publication in Federal Register.

Regulations, effective date.

Data summary.

16 USC 1533.

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 96 STAT. 1416

Comments. Written statement to agency.

16 USC 1533 note. Ante, p. 1411.

Restrictions.

PUBLIC LAW 97-304—OCT. 13, 1982

(i) by striking out "subsection (c)(2)" in paragraph (1) and inserting in lieu thereof "subsection (b)(3)", (ii) by striking out "for listing" in paragraph (3) and inserting in lieu thereof "under subsection (a)(1) of this section", and (iii) by striking out "subsection (g)" in paragraph (4) and inserting in lieu thereof "subsection (D"; and (F) by inserting at the end thereof the following new subsection: "(h) If, in the case of any regulation proposed by the Secretary under the authority of this section, a State agency to which notice thereof was given in accordance with subsection (b)(5)(A)(ii) files comments disagreeing with all or part of the proposed regulation, and the Secretary issues a final regulation which is in conflict with such comments, or if the Secretary fails to adopt a regulation pursuant to an action petitioned by a State agency under subsection (b)(3), the Secretary shall submit to the State agency a written justification for his failure to adopt regulations consistent with the agency's comments or petition.". (b)(1) Any petition filed under section 4(c)(2) of the Endangered Species Act of 1973 (as in effect on the day before the date of the enactment of this Act) and any regulation proposed under section 4(f) of such Act of 1973 (as in effect on such day) that is pending on such date of enactment shall be treated as having been filed or proposed on such date of enactment under section 4(b) of such Act of 1973 (as amended by subsection (a)); and the procedural requirements specified in such section 4(b) (as so amended) regarding such petition or proposed regulation shall be deemed to be complied with to the extent that like requirements under such section 4 (as in effect before the date of the enactment of this Act) were complied with before such date of enactment. (2) Any regulation proposed after, or pending on, the date of the enactment of this Act to designate critical habitat for a species that was determined before such date of enactment to be endangered or threatened shall be subject to the procedures set forth in section 4 of such Act of 1973 (as amended by subsection (a)) for regulations proposing revisions to critical habitat instead of those for regulations proposing the designation of critical habitat. (3) Any list of endangered species or threatened species (as in effect under section 4(c) of such Act of 1973 on the day before the date of the enactment of this Act) shall remain in effect unless and until determinations regarding species and designations and revisions of critical habitats that require changes to such list are made in accordance with subsection (b)(5) of such Act of 1973 (as added by subsection (a)). (4) Section 4(a)(3)(A) of such Act of 1973 (as added by subsection (a)) shall not apply with respect to any species which was listed as an endangered species or a threatened species before November 10, 1978. SEC. 3. COOPERATION WITH THE STATES.

Section 6 of the Endangered Species Act of 1973 (16 U.S.C. 1535) is amended— (1) by striking out "66% per centum" in subsection (d)(2)(i) thereof and inserting in lieu thereof "75 percent"; and (2) by striking out "75 per centum" in subsection (d)(2)(ii) thereof and inserting in lieu thereof "90 percent".

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 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1417

SEC. 4. INTERAGENCY COOPERATION AND COMMITTEEMPTIONS.

(a) Section 7 of the Endangered Species Act of 1973 (16 U.S.C. 1536) is amended as follows: (1) Subsection (a) is amended by redesignating paragraph (3) as paragraph (4), and by inserting immediately after paragraph (2) the following new paragraph: "(3) Subject to such guidelines as the Secretary may establish, a Federal agency shall consult with the Secretary on any prospective agency action at the request of, and in cooperation with, the prospective permit or license applicant if the applicant has reason to believe that an endangered species or a threatened species may be present in the area affected by his project and that implementation of such action will likely affect such species.". (2) Subsection (b) is amended to read as follows: "(b) OPINION OF SECRETARY.—(1)(A) Consultation under subsection (a)(2) with respect to any agency action shall be concluded within the 90-day period beginning on the date on which initiated or, subject to subparagraph (B), within such other period of time as is mutually agreeable to the Secretary and the Federal agency. "(B) In the case of an agency action involving a permit or license applicant, the Secretary and the Federal agency may not mutually agree to conclude consultation within a period exceeding 90 days unless the Secretary, before the close of the 90th day referred to in subparagraph (A)— "(i) if the consultation period proposed to be agreed to will end before the 150th day after the date on which consultation was initiated, submits to the applicant a written statement setting forth— "(I) the reasons why a longer period is required, "(II) the information that is required to complete the consultation, and "(III) the estimated date on which consultation will be completed; or "(ii) if the consultation period proposed to be agreed to will end 150 or more days after the date on which consultation was initiated, obtains the consent of the applicant to such period. The Secretary and the Federal agency may mutually agree to extend a consultation period established under the preceding sentence if the Secretary, before the close of such period, obtains the consent of the applicant to the extension. "(2) Consultation under subsection (a)(3) shall be concluded within such period as is agreeable to the Secretary, the Federal agency, and the applicant concerned. "(3)(A) Promptly after conclusion of consultation under paragraph (2) or (3) of subsection (a), the Secretary shall provide to the Federal agency and the applicant, if any, a written statement setting forth the Secretary's opinion, and a summary of the information on which the opinion is based, detailing how the agency action affects the species or its critical habitat. If jeopardy or adverse modification is found, the Secretary shall suggest those reasonable and prudent alternatives which he believes would not violate subsection (a)(2) and can be taken by the Federal agency or applicant in implementing the agency action. "(B) Consultation under subsection (a)(3), and an opinion issued by the Secretary incident to such consultation, regarding an agency action shall be treated respectively as a consultation under subsec-

Consultation period.

Review and notification.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/56

 96 STAT. 1418

Written statement to agency.

PUBLIC LAW 97-304—OCT. 13, 1982

tion (a)(2), and as an opinion issued after consultation under such subsection, regarding that action if the Secretary reviews the action before it is commenced by the Federal agency and finds, and notifies such agency, that no significant changes have been made with respect to the action and that no significant change has occurred regarding the information used during the initial consultation. "(4) If after consultation under subsection (a)(2), the Secretary concludes that— "(A) the agency action will not violate such subsection, or offers reasonable and prudent alternatives which the Secretary believes would not violate such subsection; and "(B) the taking of an endangered species or a threatened species incidental to the agency action will not violate such subsection; the Secretary shall provide the Federal agency and the applicant concerned, if any, with a written statement that— "(i) specifies the impact of such incidental taking on the species, "(ii) specifies those reasonable and prudent measures that the Secretary considers necessary or appropriate to minimize such impact, and "(iii) sets forth the terms and conditions (including, but not limited to, reporting requirements) that must be complied with by the Federal agency or applicant (if any), or both, to implement the measures specified under clause (ii).". (3) Subsection (c) is amended by amending the penultimate sentence in paragraph (1) by inserting ", except that if a permit or license applicant is involved, the 180-day period may not be extended unless such agency provides the applicant, before the close of such period, with a written statement setting forth the estimated length of the proposed extension and the reasons therefor" immediately after "agency" and before the parenthesis. (4) Subsection (e)(10) is amended by striking out the first sentence thereof. (5) Subsection (g) is amended as follows: (A) The sideheading is amended to read as follows: "APPLICATION FOR COMMITTEE.—".

Submittal to Secretary.

"Final agency action."

EXEMPTION

AND

REPORT

TO

THE

(B) The second sentence of paragraph (1) is amended to read as follows: "An application for an exemption shall be considered initially by the Secretary in the manner provided for in this subsection, and shall be considered by the Committee for a final determination under subsection (h) after a report is made pursuant to paragraph (5).". (C) Paragraph (2) is amended— (i) by striking out the first sentence of subparagraph (A) and inserting in lieu thereof the following: "An exemption applicant shall submit a written application to the Secretary, in a form prescribed under subsection (f), not later than 90 days after the completion of the consultation process; except that, in the case of any agency action involving a permit or license applicant, such application shall be submitted not later than 90 days after the date on which the Federal agency concerned takes final agency action with respect to the issuance of the permit or license. For purposes of the

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 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1419

preceding sentence, the term 'final agency action' means (i) a disposition by an agency with respect to the issuance of a permit or license that is subject to administrative review, whether or not such disposition is subject to judicial review; or (ii) if administrative review is sought with respect to such disposition, the decision resulting after such review."; and (ii) by amending subparagraph (B)— (I) by inserting "(i)" immediately after "promptly", (II) by striking out "to the review board to be established under paragraph (3) and", and (III) by inserting "; and (ii) publish notice of receipt of the application in the Federal Register, including a summary of the information contained in the application and a description of the agency action with respect to which the application for exemption has been filed" immediately before the period. (D) Paragraphs (3), (4), (9), and (11) are repealed. (E) Paragraph (5) is redesignated as paragraph (3) and is further amended to read as follows: "(3) The Secretary shall within 20 days after the receipt of an application for exemption, or within such other period of time as is mutually agreeable to the exemption applicant and the Secretary— "(A) determine that the Federal agency concerned and the exemption applicant have— "(i) carried out the consultation responsibilities described in subsection (a) in good faith and made a reasonable and responsible effort to develop and fairly consider modifications or reasonable and prudent alternatives to the proposed agency action which would not violate subsection (a)(2); "(ii) conducted any biological assessment required by subsection (c); and "(iii) to the extent determinable within the time provided herein, refrained from making any irreversible or irretrievable commitment of resources prohibited by subsection (d); or "(B) deny the application for exemption because the Federal agency concerned or the exemption applicant have not met the requirements set forth in subparagraph (A)(i), (ii), and (iii). The denial of an application under subparagraph (B) shall be considered final agency action for purposes of chapter 7 of title 5, United States Code.". (F) Paragraph (6) is redesignated as paragraph (4) and is further amended to read as follows: "(4) If the Secretary determines that the Federal agency concerned and the exemption applicant have met the requirements set forth in paragraph (3)(A)(i), (ii), and (iii) he shall, in consultation with the Members of the Committee, hold a hearing on the application for exemption in accordance with sections 554, 555, and 556 (other than subsection (b)(1) and (2) thereof) of title 5, United States Code, and prepare the report to be submitted pursuant to paragraph (5).". (G) Paragraph (7) is redesignated as paragraph (5) and is further amended—

Publication in Federal Register.

Application, determination.

5 USC 701 et seq. Hearings.

Report to Committee.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/58

 96 STAT. 1420

16 USC 1533. ^^^^-

PUBLIC LAW 97-304—OCT. 13, 1982

(i) by striking out that part which precedes subparagraph (A) and inserting in lieu thereof "Within 140 days after making the determinations under paragraph (3) or within such other period of time as is mutually agreeable to the exemption applicant and the Secretary, the Secretary shall submit to the Committee a report discussing—"; (ii) by striking out the period immediately after "by the Committee" in subparagraph (C) and inserting in lieu thereof "; and"; and (iii) by adding at the end thereof the following: "(D) whether the Federal agency concerned and the exemption applicant refrained from making any irreversible or irretrievable commitment of resources prohibited by subsection (d).". (H) Paragraph (8) is redesignated as paragraph (6). (I) Paragraph (10) is redesignated as paragraph (7) and is amended to read as follows: "(7) Upon request of the Secretary, the head of any Federal agency is authorized to detail, on a nonreimbursable basis, any of the personnel of such agency to the Secretary to assist him in carrying out his duties under this section.". (J) Paragraph (12) is redesignated as paragraph (8) and is further amended by striking out "of review boards" and inserting in lieu thereof "resulting from activities pursuant to this subsection". (6) Subsection (h)(1) is amended— (A) by striking out "90 days of receiving the report of the review board under subsection (g)(7)" in the matter preceding subparagraph (A) and inserting in lieu thereof "30 days after receiving the report of the Secretary pursuant to subsection (g)(5)"; (B) by striking out "review board" in subparagraph (A) and inserting in lieu thereof "Secretary, the record of the hearing held under subsection (g)(4)"; (C) by striking out "and" at the end of subparagraph (A)(ii); (D) by inserting immediately after subparagraph (A)(iii) the following: "(iv) neither the Federal agency concerned nor the exemption applicant made any irreversible or irretrievable commitment of resources prohibited by subsection (d); and". (7) Subsection (o) is amended to read as follows: "(o) Notwithstanding sections 4(d) and 9(a)(1)(B) and (C) or any regulation promulgated to implement either such section— "(1) any action for which an exemption is granted under subsection (h) shall not be considered to be a taking of any endangered species or threatened species with respect to any activity which is necessary to carry out such action; and "(2) any taking that is in compliance with the terms and conditions specified in a written statement provided under subsection (b)(4)(iii) shall not be considered to be a taking of the species concerned.", (b) Paragraph (11) of section 3 of the Endangered Species Act of 1973 (16 U.S.C. 1532(11)) is repealed.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/59

 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1421

SEC. 5. CONVENTION IMPLEMENTATION.

Section 8A of the Endangered Species Act of 1973 (16 U.S.C. 1537a) is amended— (1) by amending subsection (c) by inserting "(1)" immediately after "SCIENTIFIC AUTHORITY FUNCTIONS.—", and by adding at the end thereof the following new paragraph: "(2) The Secretary shall base the determinations and advice given by him under Article IV of the Convention with respect to wildlife upon the best available biological information derived from professionally accepted wildlife management practices; but is not required to make, or require any State to make, estimates of population size in making such determinations or giving such advice."; Report to (2) by amending subsection (d) to read as follows: "(d) RESERVATIONS BY THE UNITED STATES UNDER CONVENTION.—If

the United States votes against including any species in Appendix I or II of the Convention and does not enter a reservation pursuant to paragraph (3) of Article XV of the Convention with respect to that species, the Secretary of State, before the 90th day after the last day on which such a reservation could be entered, shall submit to the Committee on Merchant Marine and Fisheries of the House of Representatives, and to the Committee on the Environment and Public Works of the Senate, a written report setting forth the reasons why such a reservation was not entered."; and (3) by amending subsection (e) to read as follows: "(e) WILDLIFE PRESERVATION IN WESTERN HEMISPHERE.—(1)

congressional committees.

The

Secretary of the Interior (hereinafter in this subsection referred to as the 'Secretary'), in cooperation with the Secretary of State, shall act on behalf of, and represent, the United States in all regards as required by the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere (56 Stat. 1354, T.S. 982, hereinafter in this subsection referred to as the 'Western Convention'). In the discharge of these responsibilities, the Secretary and the Secretary of State shall consult with the Secretary of Agriculture, the Secretary of Commerce, and the heads of other agencies with respect to matters relating to or affecting their areas of responsibility. "(2) The Secretary and the Secretary of State shall, in cooperation with the contracting parties to the Western Convention and, to the extent feasible and appropriate, with the participation of State agencies, take such steps as are necessary to implement the Western Convention. Such steps shall include, but not be limited to— "(A) cooperation with contracting parties and international organizations for the purpose of developing personnel resources and programs that will facilitate implementation of the Western Convention; "(B) identification of those species of birds that migrate between the United States and other contracting parties, and the habitats upon which those species depend, and the implementation of cooperative measures to ensure that such species will not become endangered or threatened; and "(C) identification of measures that are necessary and appropriate to implement those provisions of the Western Convention which address the protection of wild plants. "(3) No later than September 30, 1985, the Secretary and the Secretary of State shall submit a report to Congress describing those steps taken in accordance with the requirements of this subsection

T.S. 981.

Report to Congress.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/60

 96 STAT. 1422

Effective date. 16 USC 1537a note.

PUBLIC LAW 97-304—OCT. 13, 1982

and identifying the principal remaining actions yet necessary for comprehensive and effective implementation of the Western Convention. "(4) The provisions of this subsection shall not be construed as affecting the authority, jurisdiction, or responsibility of the several States to manage, control, or regulate resident fish or wildlife under State law or regulations.". (b) The amendment made by paragraph (1) of subsection (a) shall take effect January 1, 1981. SEC. 6. EXPERIMENTAL POPULATIONS AND OTHER EXCEPTIONS.

Section 10 of the Endangered Species Act of 1973 (16 U.S.C. 1539) is amended as follows: (1) Subsection (a) is amended to read as follows: "(a) PERMITS.—(1) The Secretary may permit, under such terms and conditions as he shall prescribe— 16 USC 1538. "(A) any act otherwise prohibited by section 9 for scientific purposes or to enhance the propagation or survival of the affected species, including, but not limited to, acts necessary for the establishment and maintenance of experimental populaPost, p. 1424. tions pursuant to subsection (j); or "(B) any taking otherwise prohibited by section 9(a)(1)(B) if such taking is incidental to, and not the purpose of, the carrying out of an otherwise lawful activity. Permit issuance. "(2)(A) No permit may be issued by the Secretary authorizing any Conservation taking referred to in paragraph (1)(B) unless the applicant therefor plan. submits to the Secretary a conservation plan that specifies— "(i) the impact which will likely result from such taking; "(ii) what steps the applicant will take to minimize and mitigate such impacts, and the funding that will be available to implement such steps; "(iii) what alternative actions to such taking the applicant considered and the reasons why such alternatives are not being utilized; and "(iv) such other measures that the Secretary may require as being necessary or appropriate for purposes of the plan. "(B) If the Secretary finds, after opportunity for public comment, with respect to a permit application and the related conservation plan that— "(i) the taking will be incidental; "(ii) the applicant will, to the maximum extent practicable, minimize and mitigate the impacts of such taking; "(iii) the applicant will ensure that adequate funding for the plan will be provided; "(iv) the taking will not appreciably reduce the likelihood of the survival and recovery of the species in the wild; and "(v) the measures, if any, required under subparagraph (A)(iv) will be met; and he has received such other assurances as he may require that the plan will be implemented, the Secretary shall issue the permit. The permit shall contain such terms and conditions as the Secretary deems necessary or appropriate to carry out the purposes of this paragraph, including, but not limited to, such reporting requirements as the Secretary deems necessary for determining whether such terms and conditions are being complied with.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/61

 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1423

"(C) The Secretary shall revoke a permit issued under this paragraph if he finds that the permittee is not complying with the terms and conditions of the permit.". (2) Subsection (d) is amended by striking out "subsections (a)" and inserting in lieu thereof "subsections (a)(1)(A)". (8) Subsection (f) is amended— (A) by amending paragraph (1)(B) by inserting "substantial" immediately before "etching" and before "carving", and by adding at the end thereof the following new sentence: "For purposes of this subsection, polishing or the adding of minor superficial markings does not constitute substantial etching, engraving, or carving."; and (B) by adding at the end thereof the following new paragraph: "(9)(A) The Secretary shall carry out a comprehensive review of the effectiveness of the regulations prescribed pursuant to paragraph (5) of this subsection— "(i) in insuring that pre-Act finished scrimshaw products, or the raw materials for such products, have been adequately accounted for and not disposed of contrary to the provisions of this Act; and "(ii) in preventing the commingling of unlawfully imported or acquired marine mammal products with such exempted products either by persons to whom certificates of exemption have been issued under paragraph (4) of this subsection or by subsequent purchasers from such persons. "(B) In conducting the review required under subparagraph (A), the Secretary shall consider, but not be limited to— "(i) the adequacy of the reporting and records required of exemption holders; "(ii) the extent to which such reports and records are subject to verification; "(iii) methods for identifying individual pieces of scrimshaw products and raw materials and for preventing commingling of exempted materials from those not subject to such exemption; and "(iv) the retention of unworked materials in controUed-access storage. The Secretary shall submit a report of such review to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on the Environment and Public Works of the Senate and make it available to the general public. Based on such review, the Secretary shall, on or before October 1, 1983, propose and adopt such revisions to such regulations as he deems necessary and appropriate to carry out this paragraph. Upon publication of such revised regulations, the Secretary may renew for a further period of not to exceed three years any certificate of exemption previously renewed under paragraph (8) of this subsection, subject to such new terms and conditions as are necessary and appropriate under the revised regulations; except that any certificate of exemption that would, but for this clause, expire on or after the date of enactment of this paragraph and before the date of the adoption of such regulations may be extended until such time after the date of adoption as may be necessary for purposes of applying such regulations to the certificate. Notwithstanding the foregoing, however, no person may, after January 31, 1984, sell or offer for sale in interstate or foreign commerce any pre-Act finished scrimshaw product unless

Permit revocation.

Review.

Report to congressional committees. Public availability. Certificate of exemption, renewal.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/62

 96 STAT. 1424

Effective date. 16 USC 1539 note.

Release of endangered species.

16 USC 1536.

PUBLIC LAW 97-304—OCT. 13, 1982

such person has been issued a vaUd certificate of exemption by the Secretary under this subsection and unless such product or the raw material for such product was held by such person on the date of the enactment of this paragraph.". (4)(A) Subsection (h)(1) is amended— (i) by striking out "(other than scrimshaw)"; and (ii) by amending subparagraph (A) to read as follows: "(A) is not less than 100 years of age; ". (B) The amendment made by subparagraph (A) shall take effect January 1, 1981. (5) Subsection (i) is amended to read as follows: "(i) NONCOMMERCIAL TRANSSHIPMENTS.—Any importation into the United States of fish or wildlife shall, if— "(1) such fish or wildlife was lawfully taken and exported from the country of origin and country of reexport, if any; "(2) such fish or wildlife is in transit or transshipment through any place subject to the jurisdiction of the United States en route to a country where such fish or wildlife may be lawfully imported and received; "(3) the exporter or owner of such fish or wildlife gave explicit instructions not to ship such fish or wildlife through any place subject to the jurisdiction of the United States, or did all that could have reasonably been done to prevent transshipment, and the circumstances leading to the transshipment were beyond the exporter's or owner's control; "(4) the applicable requirements of the Convention have been satisfied; and "(5) such importation is not made in the course of a commercial activity, be an importation not in violation of any provision of this Act or any regulation issued pursuant to this Act while such fish or wildlife remains in the control of the United States Customs Service.". (6) At the end thereof insert the following new subsection: "(j) EXPERIMENTAL POPULATIONS.—(1) For purposes of this subsection, the term 'experimental population' means any population (including any offspring arising solely therefrom) authorized by the Secretary for release under paragraph (2), but only when, and at such times as, the population is wholly separate geographically from nonexperimental populations of the same species. "(2)(A) The Secretary may authorize the release (and the related transportation) of any population (including eggs, propagules, or individuals) of an endangered species or a threatened species outside the current range of such species if the Secretary determines that such release will further the conservation of such species. "(B) Before authorizing the release of any population under subparagraph (A), the Secretary shall by regulation identify the population and determine, on the basis of the best available information, whether or not such population is essential to the continued existence of an endangered species or a threatened species. "(C) For the purposes of this Act, each member of an experimental population shall be treated as a threatened species; except that— "(i) solely for purposes of section 7 (other than subsection (a)(l) thereof), an experimental population determined under subparagraph (B) to be not essential to the continued existence of a species shall be treated, except when it occurs in an area within the National Wildlife Refuge System or the National

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Page:United States Statutes at Large Volume 96 Part 2.djvu/63

 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1425

Park System, as a species proposed to be listed under section 4; Ante, p. I4il. and "(ii) critical habitat shall not be designated under this Act for any experimental population determined under subparagraph (B) to be not essential to the continued existence of a species. "(3) The Secretary, with respect to populations of endangered species or threatened species that the Secretary authorized, before the date of the enactment of this subsection, for release in geographical areas separate from the other populations of such species, shall determine by regulation which of such populations are an experimental population for the purposes of this subsection and whether or not each is essential to the continued existence of an endangered species or a threatened species.". SEC. 7. ENFORCEMENT.

Section 11 of the Endangered Species Act of 1973 (16 U.S.C. 1540) is amended as follows: (1) Subsection (e) is amended by adding at the end thereof the following new paragraph: "(6) The Attorney General of the United States may seek to enjoin any person who is alleged to be in violation of any provision of this Act or regulation issued under authority thereof". (2) Subsection (g) is amended— (A) by amending paragraph (1)— (i) by striking out "any State," in subparagraph (B) and inserting in lieu thereof "any State; or", (ii) by inserting immediately after subparagraph (B) the following new subparagraph: "(C) against the Secretary where there is alleged a failure of the Secretary to perform any act or duty under section 4 which Ante, p. 1411. is not discretionary with the Secretary.", and (iii) by amending the first sentence following subparagraph (C) (as added by clause (ii) of this subparagraph), by inserting "or to order the Secretary to perform such act or duty," immediately after "any such provision or regulation,"; and (B) by amending paragraph (2) by adding the following new subparagraph immediately after subparagraph (B) thereof: "(C) No action may be commenced under subparagraph (1)(C) of Written this section prior to sixty days after written notice has been given to notification. the Secretary; except that such action may be brought immediately after such notification in the case of an action under this section respecting an emergency posing a significant risk to the well-being of any species offish or wildlife or plants.". SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

Section 15 of the Endangered Species Act of 1973 (16 U.S.C. 1542) is amended to read as follows: " AUTHORIZATION OF APPROPRIATIONS

"SEC. 15. (a) IN GENERAL.—Except as provided in subsections (b), (c), and (d), there are authorized to be appropriated— "(1) not to exceed $27,000,000 for each of fiscal years 1983, 1984, and 1985 to enable the Department of the Interior to carry

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Page:United States Statutes at Large Volume 96 Part 2.djvu/64

 96 STAT. 1426

PUBLIC LAW 97-304—OCT. 13, 1982 out such functions and responsibilities as it may have been given under this Act; "(2) not to exceed $3,500,000 for each of fiscal years 1983, 1984, and 1985 to enable the Department of Commerce to carry out such functions and responsibilities as it may have been given under this Act; and "(3) not to exceed $1,850,000 for each of fiscal years 1983, 1984, and 1985 to enable the Department of Agriculture to carry out its functions and responsibilities with respect to the enforcement of this Act and the Convention which pertain to the importation or exportation of plants.

16 USC 1535.

Ante, p. 1417.

Ante, p. 1421. 16 USC 1535, 1536.

16 USC 1531.

Ante, p. 1411.

"(b) COOPERATION WITH STATES.—For the purposes of section 6,

there are authorized to be appropriated not to exceed $6,000,000 for each of fiscal years 1983, 1984, and 1985. "(c) EXEMPTIONS FROM ACT.—There are authorized to be appropriated to the Secretary to assist him and the Endangered Species Committee in carrying out their functions under section 7(e), (g), and (h) not to exceed $600,000 for each of fiscal years 1983, 1984, and 1985. "(d) CONVENTION IMPLEMENTATION.—There are authorized to be appropriated to the Department of the Interior for purposes of carrying out section 8A(e) not to exceed $150,000 for each of fiscal years 1983 and 1984, and not to exceed $300,000 for fiscal year 1985, and such sums shall remain available until expended.". (b) Sections 6(i) and 7(q) of such Act of 1973 are repealed. SEC. 9. MISCELLANEOUS AMENDMENTS.

(a) Section 2(c) of the Endangered Species Act of 1973 (16 U.S.C. 1532(c)) is amended— (1) by inserting "(1)" immediately before "It is"; and (2) by adding the following new paragraph: "(2) It is further declared to be the policy of Congress that Federal agencies shall cooperate with State and local agencies to resolve water resource issues in concert with conservation of endangered species.". (b) Section 9 of the Endangered Species Act of 1973 (16 U.S.C. 1538) is amended— (1) by amending subsection (a)(2) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and by inserting the following new subparagraph immediately after subparagraph (A) thereof: "(B) remove and reduce to possession any such species from areas under Federal jurisdiction;"; (2) by amending subsection (b)(1) to read as follows: "(b)(1) SPECIES HELD IN CAPTIVITY OR CONTROLLED ENVIRONMENT.—The provisions of subsections (a)(1)(A) and (a)(1)(G) of this section shall not apply to any fish or wildlife which was held in captivity or in a controlled environment on (A) December 28, 1973, or (B) the date of the publication in the Federal Register of a final regulation adding such fish or wildlife species to any list published pursuant to subsection (c) of section 4 of this Act: Provided, That such holding and any subsequent holding or use of the fish or wildlife was not in the course of a commercial activity. With respect to any act prohibited by subsections (a)(1)(A) and (a)(1)(G) of this section which occurs after a period of 180 days from (i) December 28, 1973, or (ii) the date of publication in the Federal Register of a final regulation adding such fish or wildlife species to any list published

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Page:United States Statutes at Large Volume 96 Part 2.djvu/65

 PUBLIC LAW 97-304—OCT. 13, 1982

96 STAT. 1427

pursuant to subsection (c) of section 4 of this Act, there shall be a Ante, p. i4ii. rebuttable presumption that the fish or wildlife involved in such act is not entitled to the exemption contained in this subsection,"; and (3) by amending subsection (b)(2)(A) by striking out "This section shall not apply to" and inserting in lieu thereof "The provisions of subsection (a)(1) shall not apply to", (c) Section ll(a)(l) and (b)(1) of such Act of 1973 are each amended 16 USC 1540. by striking out "or (C)" immediately after "(a)(2)(A), (B)," and inserting in lieu thereof "(C), or (D)". Approved October 13, 1982.

LEGISLATIVE HISTORY—H.R. 6133 (S. 2309): HOUSE REPORTS: No. 97-567 Pt. I (Comm. on Merchant Marine and Fisheries) and No. 97-835 (Comm. of Conference). SENATE REPORT No. 97-418 accompanying S. 2309 (Comm. on Environment and Public Works). CONGRESSIONAL RECORD, Vol. 128 (1982): June 8, considered and passed House. June 9, considered and passed Senate, amended, in lieu of S. 2309. Sept. 20, Senate agreed to conference report. Sept. 30, House agreed to conference report.

97-200 O—84—pt. 2

3: QL3

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Page:United States Statutes at Large Volume 96 Part 2.djvu/66

 96 STAT. 1428

PUBLIC LAW 97-305—OCT. 14, 1982

Public Law 97-305 97th Congress

An Act Oct. 14, 1982 [S. 188] Gallatin National Forest, land conveyance.

Patent reservation.

To authorize the Secretary of Agriculture to convey certain lands in the Gallatin National Forest, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture be, and he hereby is, authorized and directed to convey by patent to Wajme Fuller, the following described lands in the Gallatin National Forest, to wit: township 6 south, range 9 east, £Uid township 6 south, range 10 east, Principal meridian, Montana, Park County, Montana; beginning at corner numbered 4 of H.E.S. 84, thence south 63 degrees 50 minutes west, a distance of 68.1 feet; thence south 54 degrees 5 minutes east, a distance of 448.7 feet; thence north 53 degrees 27 minutes east, a distance of 39.3 feet; thence north 51 degrees 3 minutes 52 seconds west, a distance of 429.3 feet to the point of beginning; containing approximately 0.497 acres. SEC. 2. No conveyance shall be made pursuant to this Act until payment has been made for the fair market value of the interest being conveyed. SEC. 3. The patent issued pursuant to this Act shall contain a reservation to the United States of all gas, oil, coal, and other mineral deposits as may be found in such lands. Approved October 14, 1982.

LEGISLATIVE HISTORY—S. 188: HOUSE REPORT No. 97-905 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 97-206 (Comm. on Energy and Natural Resources). CONGRESSIONAL RECORD: Vol. 127 (1981): Oct. 21, considered and passed Senate. Vol. 128 (1982): Sept. 30, considered and passed House.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/67

 PUBLIC LAW 97-306—OCT. 14, 1982

96 STAT. 1429

Public Law 97-306 97th Congress An Act To amend title 38, United States Code, to increase the rates of disability compensation for disabled veterans, to increase the rates of dependency and indemnity compensation for surviving spouses and children, and to modify and improve the educational assistance programs administered by the Veterans' Administration and the veterans' employment programs administered by the Department of Labor; and for other purposes.

Oct. 14, 1982 [H.R. 6782]

Be it enacted by the Senate and House of Representatives of the Veterans' United States of America in Congress assembled, SHORT TITLE; R E F E R E N C E S TO TITLE 38, UNITED STATES CODE

1. (a) This Act may be cited as the "Veterans' Compensation, Education, and Employment Amendments of 1982". Gt)) Except as otherwise specifically provided, whenever in this Act an amendment or repeal is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to a section or other provision of title 38, United States Code. SECTION

Compensation, Education, and Employment Amendments of 1982 38 USC 101 note.

TITLE I—DISABILITY COMPENSATION AND DEPENDENCY AND INDEMNITY COMPENSATION PART A—RATE INCREASES DISABILITY C O M P E N S A T I O N

SEC. 101. (a) Section 314 is amended— 95 Stat. 1026. (1) by striking out "$58" in subsection (a) and inserting in lieu ^^ ^^^ ^^^• thereof "$62"; (2) by striking out "$107" in subsection 0^) and inserting in lieu thereof "$114"; (3) by striking out "$162" in subsection (c) and inserting in lieu thereof "$173"; (4) by striking out "$232" in subsection (d) and inserting in lieu thereof "$249"; (5) by striking out "$328" in subsection (e) and inserting in lieu thereof "$352"; (6) by striking out "$413" in subsection (f) and inserting in lieu thereof "$443"; (7) by striking out "$521" in subsection (g) and inserting in lieu thereof "$559"; (8) by striking out "$604" in subsection (h) and inserting in lieu thereof "$648"; (9) by striking out "$679" in subsection (i) and inserting in lieu thereof "$729"; (10) by striking out "$1,130" in subsection (j) and inserting in lieu thereof "$1,213";

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Page:United States Statutes at Large Volume 96 Part 2.djvu/68

 96 STAT. 1430

PUBLIC LAW 97-306—OCT. 14, 1982

(11) by striking out "$1,403" and "$1,966" in subsection (k) and inserting in lieu thereof "$1,506" and "$2,111", respectively; (12) by striking out "$1,403" in subsection (1) and inserting in lieu thereof "$1,506"; (13) by striking out "$1,547" in subsection (m) and inserting in lieu thereof "$1,661"; (14) by striking out "$1,758" in subsection (n) and inserting in lieu thereof "$1,888"; (15) by striking out "$1,966" each place it appears in subsections (o) and (p) and inserting in lieu thereof "$2,111"; (16) by striking out "$844" and "$1,257" in subsection (r) and inserting in lieu thereof "$906" and "$1,350", respectively; (17) by striking out "$1,264" in subsection (s) and inserting in lieu thereof "$1,357"; and (18) by striking out "$244" in subsection (t) and inserting in lieu thereof "$262". 38 USC 314 note. (b) The Administrator of Veterans* Affairs may adjust administratively, consistent with the increases authorized by this section, the rates of disability compensation payable to persons within the pur38 USC note yiew of section 10 of Public Law 85-857 who are not in receipt of prec. 101. compensation payable pursuant to chapter 11 of title 38, United 38 USC 301 et States C^de. Any such adjustment shall be made in conformance increases under subsection (a) and specifically shall include the rounding down to the nearest dollar of each rate as so adjusted. ADDITIONAL COMPENSATION FOR DEPENDENTS
 * ^^with the methodology used in determining the amounts of the

Q f^in J?f « 38 u be 315.

SEC. 102. Section 315(1) is amended— (J) ^jy striking out clauses (A) through (G) and inserting in lieu thereof the following: "(A) has a spouse but no child, $74; "(B) has a spouse and one or more children, $124 plus $40 for each child in excess of one; "(C) has no spouse but one or more children, $50 plus $40 for each child in excess of one;"; (2) by redesignating clauses (H), (I), and (J) as clauses (D), (E), and (F), respectively; (3) by striking out "$56" in clause (D) (as redesignated by clause (2) of this section) and inserting in lieu thereof "$60; (4) by striking out "$125" in clause (E) (as redesignated by clause (2) of this section) and inserting in lieu thereof "$134; and (5) by striking out "$105" in clause (F) (as redesignated by clause (2) of this section) and inserting in lieu thereof "$112. CLOTHING ALLOWANCE FOR CERTAIN DISABLED VETERANS

95 Stat. 1027. 38 USC 362.

SEC. 103. Section 362 is amended by striking out "$305" and inserting in lieu thereof "$327". DEPENDENCY AND INDEMNITY COMPENSATION FOR SURVIVING SPOUSES

95 Stat. 1028. 38 USC 411.

SEC. 104. (a) Subsection (a) of section 411 is amended to read as fouo^g.

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 Ma non come degli altri oggi si vanti Del sol del sol, ch'allor ci spense e tolse, Morte, c'amor ne vinse e farlo il tolse In terra vivo e'n ciel fra gli altri santi. Cosi credette morte iniqua e rea Finir il suon delle virtute sparte E l'alma, che men bella esser potea. Contrari effetti alluminan le carte Di vita piu che 'n vita non solea, E morto a'l ciel, c'allor non avea parte. ("Poems," c.)

Amor, perche perdonj, Tuo somma cortesia Sie di belta qui tolta A chj gusta et desia Et data a gente stolta? Dhe, falla un 'altra volta Pietosa drento et si brutta di fori, Ch'a me dispiaccia et di me s'innamori. ("Poems," cix, 63.)

Che fie di me? Che vo' tu far di nuovo D'un arso legnio e d'un afflitto core? Dimmelo um pocho, Amore, Accio che io sappi, in che stato io mi truovo. ("Poems," cx.)


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Page:United States Statutes at Large Volume 96 Part 2.djvu/69

 PUBLIC LAW 97-306—OCT. 14, 1982

96 STAT. 1431

"(a) Dependency and indemnity compensation shall be paid to a surviving spouse, based on the pay grade of the person upon whose death entitlement is predicated, at monthly rates set forth in the following table: "Pay grade E-1 E-2 E-3 E-4 E-5 E-6 E-7 E-8 E-9 W-1 W-2 W-3

Monthly rate $445 459 470 500 514 526 552 582 »608 563 586 603

Pay grade W-4 0-1 0-2 0-3 0-4 0-5 0-6 0-7 0-8 0-9 O-IO

Monthly rate $639 563 582 622 658 726 817 884 969 1,041 21,139

"'If the veteran served as sergeant mtgor of the Army, senior enlisted advisor of the Navy, chief master sergeant of the Air Force, sergeant m ^ r of the Marine Corps, or master chief petty officer of the Coaet Guard, at the appuc«d)le time designated by section 402 of this title, the surviving spouse's rate shall be $655. "If the veteran served as Chairman of the Joint Chiefs of Staff, Chief of Staff of the Army, Chief of Naval Operations, Chief of Staff of the Air Force, or Commandant of the Marine Corps, at the applicable time designated by section 402 of this title, the surviving spouse's rate shall oe $1,222."

(b) Subsection (b) of such section is amended by striking out "$48" and inserting in lieu thereof "$51". (c) Subsection (c) of such section is amended by striking out "$125" and inserting in lieu thereof "$134". (d) Subsection (d) of such section is amended by striking out "$62" and inserting in lieu thereof "$66". DEPENDENCY AND INDEMNITY COMPENSATION FOR CHILDREN

SEC. 105. Section 413 is amended— 95 Stat. 1029. (1) by striking out "$210" in clause (1) and inserting in lieu ^^ "^^ ^^^ thereof "$225"; (2) by striking out "$301" in clause (2) and inserting in lieu thereof "$323"; (3) by striking out "$389" in clause (3) and inserting in lieu thereof "$417"; and (4) by striking out "$389" and "$79" in clause (4) and inserting in lieu thereof ^$417" and "$84", respectively. SUPPLEMENTAL DEPENDENCY A N D INDEMNITY COMPENSATION FOR CHILDREN

SEC. 106. Section 414 is amended— 95 Stat. 1029. (1) by striking out "$125" in subsection (a) and inserting in ^^ ^sc 4i4. lieu thereof "$134"; (2) by striking out "$210" in subsection (b) and inserting in lieu thereof "$225"; and (3) by striking out "$107" in subsection (c) and inserting in lieu thereof "$114". REPEAL OF EARLIER RATE ADJUSTMENT

SEC. 107. Section 405 of the Omnibus Budget Reconciliation Act of 1982 (Public Law 97-253) is repealed. Ante, p. 803.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/70

 96 STAT. 1432 38 USC 314 note.

PUBLIC LAW 97-306—OCT. 14, 1982

SEC. 108. The amendments made by this part shall take effect on October 1, 1982. PART B—PROGRAM IMPROVEMENTS COMPENSATION RATE INCREASES FOR CERTAIN BLINDED VETERANS

38 USC 314.

Effective date. 38 USC 314 note.

SEC. 111. (a) Section 314(n) is amended by inserting "or has suffered blindness without light perception in both eyes," after "anatomical loss of both eyes,". (b) Section 314(p) is amended by inserting "or service-connected anatomical loss or loss of use of one hand or one foot" after "in one ear". (c) The amendments made by subsections (a) and O> shall take t) effect on October 1, 1982. C O R R E C T I O N OF T E C H N I C A L E R R O R W I T H R E S P E C T TO ENTITLEMENT TO

CERTAIN S U R VIV O R S ' BENEFITS 38 USC 410. Effective date. 38 USC 410 note.

38 USC 401 et seq.

SEC. 112. (a) Section 4100t))(l) is amended by inserting "or entitled to receive" after "was in receipt o f. (b)(l) The amendment made by subsection (a) shall take effect on October 1, 1982. (2)(A) As soon as practicable after September 30, 1982, the Administrator of Veterans' Affairs shall pay an amount determined under subparagraph (B) to each person who would have been entitled to a payment under chapter 13 of title 38, United States Code, for any part of the period beginning on October 1, 1978, and ending on September 30, 1982, if the amendment made by subsection (a) had taken effect on October 1, 1978. (B) The amount of any payment to a person under subparagraph (A) is the amount equal to the total of all payments under chapter 13 of title 38, United States Code, that would have been made to that person for the period described in such subparagraph if the amendment made by subsection (a) had taken effect on October 1, 1978. ELIGIBILITY FOR VETERANS ADMINISTRATION BENEFITS OF SENIOR RESERVE OFFICERS' TRAINING CORPS PARTICIPANTS DISABLED DURING CERTAIN TRAINING

38 USC 101.

10 USC 2101 et seq. Repeal. 38 USC 403. 5 USC 8140 note. 5 USC 8101.

SEC. 113. (a) Section 101(22) is amended— (1) by striking out "and" at the end of clause (C); (2) by redesignating clause (D) as clause (E); and (3) by inserting after clause (C) the following new clause (D): "(D) duty performed by a member of a Senior Reserve Officers' Training Corps program when ordered to such duty for the purpose of field training or a practice cruise under chapter 103 of title 10; and". (b)(1) Section 403 is repealed. (2) The table of sections at the beginning of chapter 13 is amended by striking out the item relating to such section. (c) Notwithstanding section 8140 of title 5, United States Code, subchapter I of chapter 81 of such title does not apply in the case of a disability suffered by a member of the Reserve Officers' Training Corps of the Army, Navy, or Air Force that is compensable under

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Page:United States Statutes at Large Volume 96 Part 2.djvu/71

 PUBLIC LAW 97-306—OCT. 14, 1982

96 STAT. 1433

chapter 11 of title 38, United States Code, or a death suffered by such a member for which dependency and indemnity compensation is payable under chapter 13 of such title. (d) The amendments made by subsections (a) and (b) and the provisions of subsection (c) shall apply only with respect to deaths and disabilities resulting from diseases or injuries incurred or aggravated after September 30, 1982.

38 USC 301 et seq. 38 USC 401 et seq. Effective date. 38 USC 101 note.

TITLE II—EDUCATIONAL ASSISTANCE VETERANS' COUNSEUNG AND OUTREACH SERVICES 38 USC 243. SEC. 201. (a) Section 243 is amended to read as follows: "§ 243. Outstationing of counseling and outreach personnel "The Administrator may station employees of the Veterans* Administration at locations other than Veterans' Administration offices, including educational institutions, to provide counseling and other assistance regarding benefits under this title to veterans and other persons eligible for benefits under this title and to provide outreach services under this subchapter.". (b) The item relating to such section in the table of sections at the beginning of chapter 3 is amended to read as follows: "243. Outstationing of counseling and outreach personnel.". REPEAL OF 50-PERCENT EMPLOYMENT RULE FOR VOCATIONAL SCHOOLS

SEC. 202. (a) Section 1673(a) is amended— (1) by striking out "(1)" before "The"; (2) by redesignating clause (A) as clause (1); (3) by striking out clause (B) and inserting in lieu thereof the following: "(2) any sales or sales management course which does not provide specialized training within a specific vocational field;"; (4) by redesignating clauses (C) and (D) as clauses (3) and (4), respectively; and (5) by striking out paragraph (2). 0)) Section 1723(a) is amended— (1) by striking out "(1)" before "The"; (2) by redesignating clause (A) as clause (1); (3) by striking out clause (B) and inserting in lieu thereof the following: "(2) any sales or sales management course which does not provide specialized training within a specific vocational field;"; (4) by redesignating clauses (C) and (D) as clauses (3) and (4), respectively; and (5) by striking out paragraph (2). (c) The amendments made by this section shall take effect on October 1, 1982. TECHNICAL AMENDMENT RELATING TO 85-15

38 USC 1673.

38 USC 1723.

Effective date. 38 USC 1673 note.

RULE

38 USC 1673. SEC. 203. (a) Section 1673(d) is amended— (1) by striking out "The Administrator" in the first sentence and inserting in lieu thereof "(1) Except as provided in paragraph (2) of this subsection, the Administrator;

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Page:United States Statutes at Large Volume 96 Part 2.djvu/72

 96 STAT. 1434

38 USC 1691.

PUBLIC LAW 97-306—OCT. 14, 1982

(2) by striking out "(other than" and all that follows through "of this title)"; and (3) by adding at the end the following new paragraph: "(2) Paragraph (1) of this subsection— "(A) does not (except as provided in section 1691(c) of this title) apply with respect to the enrollment of a veteran in a course offered pursuant to subchapter V of this chapter; "(B) does not apply with respect to the enrollment of a veteran in a farm cooperative training course; and "(C) does not apply with respect to the enrollment of a veteran in a course described in section 1789(b)(6) of this title.". (b) Section 1691(c) is amended by striking out "section 1673(d)" and inserting in lieu thereof "section 1673(d)(1)". CHARGE TO ENTITLEMENT FOR PURSUIT OF INDEPENDENT STUDY PROGRAMS

38 USC 1682.

SEC. 204. Section 1682 is amended— (1) by striking out "or (c)" in subsection (a)(1) and inserting in lieu thereof "(c), or (g)"; and (2) by striking out "entitlement shall be charged at one-half of the full-time institutional rate" in subsection (e) and inserting in lieu thereof "the amount of such veteran's entitlement to educational assistance under this chapter shall be charged in accordance with the rate at which the veteran is pursuing the independent study program but at not more than the rate at which such entitlement is charged for pursuit of such program on less than a half-time basis". MODIFICATION OF RESTRICTION ON ALLOWANCES FOR INCARCERATED PERSONS

38 USC 1508.

38 USC 1682.

38 USC 1780.

SEC. 205. (a) Section 1508(g)(2) is amended— (1) by inserting "not" after "shall"; and (2) by striking out all after "felony" and inserting in lieu thereof a period. (b) Section 1682(g) is amended— (1) by adding at the end of paragraph (1) the following new sentence: "The amount of the educational assistance allowance payable to a veteran while so incarcerated shall be reduced to the extent that the tuition and fees of the veteran for any course are paid under any Federal program (other than a program administered by the Administrator) or under any State or local program."; and (2) in paragraph (2)— (A) by inserting "not" after "shall"; and (B) by striking out all after "felony" and inserting in lieu thereof a period. (c) Section 1780(a) is amended— (1) by striking out "section 1504" and inserting in lieu thereof "section 1508"; (2) by inserting "or" at the end of clause (4); (3) by striking out the semicolon and "or" at the end of clause (5) and inserting in lieu thereof a period; and (4) by striking out clause (6).

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Page:United States Statutes at Large Volume 96 Part 2.djvu/73

 PUBLIC LAW 97-306—OCT. 14, 1982

96 STAT. 1435

CLARIFICATION OF TARGETED DELIMITING DATE EXTENSION AUTHORITY

SEC. 206. (a) Section 1662(a)(3) is amended— (1) in the first sentence of subparagraph (C)(i)— (A) by striking out "may" and inserting in Heu thereof "shall"; and (B) by striking out "only i f and all that follows in such sentence and inserting in lieu thereof "unless the Administrator determines, based on an examination of the veteran's employment and training history, that the veteran is not in need of such a program or course in order to obtain a reasonably stable employment situation consistent with the veteran's abilities and aptitudes."; and (2) by striking out "December 31, 1983" in subparagraph (D) and inserting in lieu thereof "December 31, 1984". (b)(1) Not later than 30 days after the date of the enactment of this Act, the Administrator of Veterans' Affairs shall publish in the Federal Register, for public review and comment for a period not to exceed 30 days, proposed regulations under section 1662(a)(3)(C)(i) of title 38, United States Code, as amended by subsection (a). (2) Not later than 90 days after the date of the enactment of this Act, the Administrator shall publish in the Federal Register final regulations under such section 1662(a)(3)(C)(i). (c) The amendments made by subsection (a) shall take effect as of January 1, 1982.

95 Stat. 1054. 38 USC 1662.

Publication in Federal Register. 38 USC 1662 note. Publication in Federal Register. Effective date. 38 USC 1662 note.

AUTHORITY TO SUSPEND EDUCATIONAL ASSISTANCE IN CERTAIN CASES

SEC. 207. Section 1790(b) is amended— (1) by striking out "Any" in paragraph (2) and inserting in lieu thereof "Except as provided in paragraph (3) of this subsection, any"; and (2) by adding at the end the following new paragraph: "(3)(A) The Administrator may suspend educational assistance to eligible veterans and eligible persons already enrolled, and may disapprove the enrollment or reenrollment of any eligible veteran or eligible person, in any course as to which the Administrator has evidence showing a substantial pattern of eligible veterans or eligible persons, or both, who are receiving such assistance by virtue of their enrollment in such course but who are not entitled to such assistance because (i) the course approval requirements of this chapter are not being met, or (ii) the educational institution offering such course has violated one or more of the recordkeeping or reporting requirements of this chapter or chapter 32, 34, or 35 of this title. "(B)(i) Action may be taken under subparagraph (A) of this paragraph only after— "(I) the Administrator provides to the State approving agency concerned and the educational institution concerned written notice of any such failure to meet such approval requirements and any such violation of such recordkeeping or reporting requirements; "(II) such institution refuses to take corrective action or does not within 60 days after such notice (or within such longer period as the Administrator determines is reasonable and appropriate) take corrective action; and

38 USC 1790.

38 USC 1601 et seq, 1651 et seq., 1700 et seq.

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Page:United States Statutes at Large Volume 96 Part 2.djvu/74

 96 STAT. 1436

PUBLIC LAW 97-306—OCT. 14, 1982 "(HI) the Administrator, not less than 30 days before taking action under such subparagraph, provides to each eligible veteran and eligible person already enrolled in such course written notice of the Administrator's intent to take such action {and the reasons therefor) unless such corrective action is taken within such 60 days (or within such longer period as the Administrator has determined is reasonable and appropriate), and of the date on which the Administrator intends to take action under such subparagraph.".

MODIFICATION OP REPORTING REQUIREMENT ON DEFAULT RATES UNDER EDUCATIONAL LOAN PROGRAM

38 USC 1798.

SEC. 208. The second sentence of section 1798(e)(3) is amended— (1) by striking out "in maximum feasible detail"; (2) by inserting "and" at the end of clause (A); and (3) by striking out clauses (B) and (C) and inserting in lieu thereof the following: "(B) data regarding the default experience and default rate with respect to (i) loans made under this section in connection with accelerated payments under section 1682A of this title, and (ii) other loans made under this section.". ADMINISTRATIVE IMPLEMENTATION OF CERTAIN DEPARTMENT OP DEFENSE EDUCATIONAL ASSISTANCE PROGRAMS

38 USC 1622.

SEC. 209. Section 1622 is amended by adding at the end the following new subsection: "(e) Any amount transferred to the Administrator from the Secretary of a military department under an interagency agreement for the administration by the Veterans* Administration of an educational assistance program established by the Secretary under chap10 USC 2141 et ter 107 of title 10 may be deposited into and disbursed from the fund ADJUSTMENT OF COMPUTATION OF BENEFIT PAYMENT RATE FOR PARTICIPANTS MAKING LUMP-SUM CONTRIBUTIONS UNDER CHAPTER 32 PROGRAM
 * ^^for the purposes of such program.".

SEC. 210. Section 1622(d) is amended by striking out "$75" and inserting in lieu thereof "$100". TITLE in—EMPLOYMENT ASSISTANCE CONGRESSIONAL FINDINGS

38 USC 2000.

SEC. 301. (a) Chapter 41 is amended by inserting after the table of sections the following new section: ««§ 2000. Findings "The Congress makes the following findings: "(1) As long as unemployment and underemployment continue as serious problems among disabled veterans and Vietnamera veterans, Eilleviating unemployment and underemployment among such veterans is a national responsibility. "(2) Because of the special nature of employment and training needs of such veterans and the national responsibility to meet

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Page:United States Statutes at Large Volume 96 Part 2.djvu/75

 PUBLIC LAW 97-306—OCT. 14, 1982

96 STAT. 1437

those needs, policies and programs to increase opportunities for such veterans to obtain employment, job training, counseling, and job placement services and assistance in securing advancement in employment should be effectively and vigorously implemented by the Secretary of Labor and such implementation should be accomplished through the Assistant Secretary of Labor for Veterans' Employment.". (b)(1) The table of sections at the beginning of such chapter is amended by inserting before the item relating to section 2001 the following new item: "2000. Findings.".

(2) The item relating to chapter 41 in the table of chapters preceding part I and in the table of chapters at the beginning of part III is amended by striking out "2001" and inserting in lieu thereof "2000". PURPOSE OF JOBS TRAINING PROGRAMS

SEC. 302. Section 2002 is amended— 38 USC 2002. (1) by inserting "and regulations" after "to this end policies"; and (2) by inserting a comma and "with priority given to the needs of disabled veterans and veterans of the Vietnam era" after "opportunities". JURISDICTION OF ASSISTANT SECRETARY OF LABOR FOR VETERANS* EMPLOYMENT

SEC. 303. Section 2002A is amended by adding at the end the 38 USC 2002A. following new sentence: "The employees of the Department of Labor administering chapter 43 of this title shall be administratively and 38 USC 2021 et functionally responsible to the Assistant Secretary of Labor for *Veterans' Employment.". STATE AND ASSISTANT STATE DIRECTORS FOR VETERANS' EMPLOYMENT

SEC. 304. (a)(1) Section 2003 is amended by striking out the section 38 USC 2003. heading and all of the matter preceding clause (1) and inserting in lieu thereof the following: "§ 2003. State and Assistant State Directors for Veterans' Employment "(a) The Secretary of Labor shall assign to each State a representative of the Veterans' Employment Service to serve as the State Director for Veterans' Employment, and shall assign full-time Federal clerical support to each such Director. The Secretary shall also assign to each State one Assistant State Director for Veterans' Employment per each 250,000 veterans and eligible persons of the State veterans population and such additional Assistant State Directors for Veterans' Emplo5anent as the Secretary shall determine, based on the data collected pursuant to section 2007 of this title, to be necessary to assist the State Director for Veterans' Employment to carry out effectively in that State the purposes of this chapter. Full-time Federal clerical support personnel assigned to State Directors for Veterans' Employment shall be appointed in accordance with the provisions of title 5 governing appointments in the competi-

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Page:United States Statutes at Large Volume 96 Part 2.djvu/76

 96 STAT. 1438 5 USC 5101 et seq., 5331.

PUBLIC LAW 97-306—OCT. 14, 1982

tive service and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5. ''Q^^Y) Each State Director for Veterans' Employment and Assistant State Director for Veterans' Employment (A) shall be an eligible veteran who at the time of appointment has been a bona fide resident of the State for at least two years, and (B) shall be appointed in accordance with the provisions of title 5 governing appointments in the competitive service and shall be paid in accordance with the provisions of chapter 51 and subchapter III of chapter 53 of title 5. "(2) Each State Director for Veterans' Employment and Assistant State Director for Veterans' Employment shall be attached to the public employment service system of the State to which they are assigned. They shall be administratively responsible to the Secretary of Labor for the execution of the veterans' and eligible persons' counseling and placement policies of the Secretary through the public employment service system and in cooperation with other employment and training programs administered by the Secretary, by grantees of Federal or federally funded employment and training programs in the State, or directly by the State. "(c) In cooperation with the staff of the public emplo5ntnent service system and the staffs of each such other program in the State, the State Director for Veterans' Employment and Assistant State Directors for Veterans' Employment shall—". (2) The item relating to such section in the table of sections at the beginning of chapter 41 is amended to read as follows: "2003. State and Assistant State Directors for Veterans' Employment.".

(b) Clause (6) of such section is amended to read as follows: "(6) promote and facilitate the participation of veterans in Federal and federally funded emplo5maent and training programs and directly monitor the implementation and operation of such programs to ensure that eligible veterans, veterans of the Vietnam era, disabled veterans, and eligible persons receive such priority or other special consideration in the provision of services as is required by law or regulation;". (c) Such section is further amended by striking out the period at the end of clause (7) and inserting in lieu thereof a semicolon and by adding at the end the following new clauses: "(8) supervise the listing of jobs and subsequent referrals of qualified veterans as required by section 2012 of this title; "(9) be responsible for ensuring that complaints of discrimination filed under such section are resolved in a timely fashion; "(10) working closely with appropriate Veterans' Administration personnel engaged in providing counseling or rehabilitation 38 USC 1500 et services under chapter 31 of this title, cooperate with employers such chapter and who are in need of employment; "(11) cooperate with the staff of programs operated under section 612A of this title in identifying and assisting veterans who have readjustment problems and who may need employment placement assistance or vocational training assistance; and "(12) when requested by a Federal or State agency or a private employer, assist such agency or employer in identifying
 * ^9to identify disabled veterans who have completed or are participating in a vocational rehabilitation training program under

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Page:United States Statutes at Large Volume 96 Part 2.djvu/77

 PUBLIC LAW 97-306—OCT. 14, 1982

96 STAT. 1439

and acquiring prosthetic and sensory aids and devices which tend to enhance the employability of disabled veterans.". DISABLED VETERANS OUTREACH PROGRAM

305. (a) Subsection (a) of section 2003A is amended— 38 USC 2003A. (1) by inserting a comma and "acting through the Assistant Secretary for Veterans' Employment," in paragraph (1) after "Secretary of Labor"; (2) by inserting a comma and "acting through the Assistant Secretary of Labor for Veterans' Emplo3mient," in paragraph (3) after "Secretary"; (3) by striking out "available to" in paragraphs (1) and (3) and inserting in lieu thereof "available for use in"; (4) by striking out "provided to" in paragraph (2) and inserting in lieu thereof "provided for use in"; and (5) by adding at the end the following new paragraph: "(5) The distribution and use of funds provided for use in States under this section shall be subject to the continuing supervision and monitoring of the Assistant Secretary for Veterans' Employment and shall not be governed by the provisions of any other law, or any regulations prescribed thereunder, that are inconsistent with this section.". (b) Subsection 0^X2) of such section is amended— (1) by inserting after the first sentence the following new Waiver. sentence: "The Secretary, after consulting the Administrator and the State Director for Veterans' Employment assigned to a State under section 2003 of this title, may waive the limitation Ante, p. 1437. in the preceding sentence for that State so long as the percentage of all disabled veterans' outreach program specialists that are stationed at local employment service offices in all States does not exceed 80 percent."; and (2) by striking out "section 621A" and inserting in lieu thereof "section 612A". (c) Subsection (c) of such section is amended— (1) by striking out "prime sponsors under the Comprehensive Employment and Training Act" in clause (4) and inserting in lieu thereof "appropriate grantees under other Federal and federally funded employment and training programs"; and (2) by adding at the end the following new clause: "(8) Development of outreach programs in cooperation with appropriate Veterans' Administration personnel engaged in providing counseling or rehabilitation services under chapter 31 38 of this title, with educational institutions, and with employers seq.u s e 1500 et in order to ensure maximum assistance to disabled veterans who have completed or are participating in a vocational rehabilitation program under such chapter.". (d) Section 2003A is further amended— (1) by striking out subsection (d); and (2) by redesignating subsection (e) as subsection (d) and adding at the end the following new sentence: "The Secretary shall monitor the appointment of disabled veterans' outreach program specialists to ensure compliance with the provisions of subsection (a)(2) of this section with respect to the employment of such specialists,". SEC.

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