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Page:United States Statutes at Large Volume 90 Part 2.djvu/1249

 PUBLIC LAW 94-573—OCT. 21, 1976

90 STAT. 2717

"(3) Recommended uniform standards of quality, health, and safety with respect to all equipment (including communications and transportation equipment) and training related to emergency medical services. The plan described in paragraph (1) shall include a report containing Report, recommendations for any legislation which would enhance the capability of Federal, State, and local governments to provide an integrated response in medical emergencies. The description described in paragraph (2) shall be disseminated to the regional offices of Federal agencies which provide financial support in the purchase of vehicles and equipment or in training activities related to emergency medical services for distribution to appropriate entities and the public".

^

A N N U A L REPORTS

SEC. 11. Section 1210 is amended by inserting at the end thereof 42 USC 300d-S». the following: "The report under this section covering the fiscal year ending June 30, 1976, shall also cover the period beginning July 1, 1976, and ending September 30, 1976, and shall be submitted to Congress not later than February 1, 1977. The report under this section covering the fiscal year ending September 30, 1977, and each report covering each subsequent fiscal year, shall be submitted to Congress not later than February 1, in the fiscal year following each such fiscal year.". TRAINING GRANTS

SEC. 12. (a) Section 776(a) is amended— (1) by inserting " (1) " after " (a) "; (2) by inserting "hospitals having training programs which meet requirements established by the Secretary," before "schools of medicine"; (3) by striking out "and" before "other appropriate"; (4) by inserting ", and other appropriate public entities (as defined in paragraph (2)) " after "educational entities"; (5) by inserting "and to assist in meeting the cost of training, and establishment of programs for the training, of physicians in emergency medicine" after "ambulance service)"; and (6) by adding at the end thereof the following new paragraph: "(2) For the purposes of paragraph (1), the term 'other appropriate public entity' means a State, unit of general local government, or any other public entity which— "(A) has established an emergency medical services system (as defined in section 1201(1)), and "(B) except with respect to the basic training of emergency medical technicians, has entered into an agreement with an appropriate educational entity for a training program under this section.". (b) Section 776 is amended— (1) by redesignating subsection (e) as subsection (g) and amending such subsection (as so redesignated) — (A) by inserting " (1) " after " (g) "; (B) by inserting ", and each of the next five fiscal years" after "1974"; and (C) by inserting at the end thereof the following new paragraph: "(2) Not less than 30 percent of the funds appropriated under paragraph (1) for any fiscal year shall be used in that fiscal year to

89-194 O—78—pt. 2

79

42 USC 295f-6. % ' o^

'

'»^ "Other appropriate public entity." 42 USC 300d.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1250

 90 STAT. 2718

Ante, p. 2715.

42 USC 300d.

PUBLIC LAW 94-573—OCT. 21, 1976 assist in meeting the cost of training, and of establishment of programs for the training, of physicians in emergency medicine."; and (2) by inserting after subsection (d) the following new subsections: "(e] No regulation, guideline, funding priority, or application form shall be established with respect to this section without the full participation in the development of such regulation, guideline, priority, or form, by the administrative unit described in section 1208. "(f) To the maximum extent practicable, the Secretary shall establish a uniform funding cycle so as to coordinate the submission and review of applications for grants and contracts under title X II and under this section and to coordinate funding policies among programs carried out under such authorities.". EXPENSES OF ADMINISTRATION

42 USC 300d-7 note.

42 USC 300d-8. Report to congressional committees.

SEC. 13. Not later than 60 days after the date of enactment of the annual appropriations Act making appropriations for the programs under title X II of the Public Health Service Act for each fiscal year ending after September 30, 1976, the Secretary of Health, Education, and Welfare shall allocate an amount of expenditures and a number of personnel positions sufficient for the identifiable administrative unit (described in section 1208 of such Act) to— (1) provide support (including salaries of unit personnel and costs of administration, data gathering and dissemination, technical assistance, monitoring, and independent evaluation) for it to carry out its functions under title X II of such Act for such fiscal year; and (2) provide support for the Interagency Committee on Emergency Medical Services established under section 1209 of such Act tor such fiscal year, and shall immediately report to the appropriate Committees of Congress a statement of the amount of expenditures and the number of personnel positions so allocated for such fiscal year. BURN I N J U R Y PROGRAM AND CONFORMING AMENDMENTS

42 USC 300d.

SEC. 14. Title X II is amended— (1) by inserting "PART A—ASSISTANCE FOR EMERGENCY MEDICAL SERVICES SYSTEMS" after the heading for the title;

42 USC SOOd, 300d.5. 42 USC 300d.9.

(2) by striking out "this title" each place it appears in section 1201 and in subsections (b) and (e) of section 1206 and inserting in lieu thereof "this part"; and (3) by inserting after section 1210 the following new part: "PART B — B U R N INJURIES "PROGRAMS RELATING TO BURN INJURIES

"SEC. 1221. (a)(1) The Secretary may make grants to, and enter into contracts with, public or private nonprofit entities for the sup42 USC 300d.21. port of, and may conduct, programs for the establishment, operation, and improvement of activities to (A) demonstrate the effectiveness of different methods for the treatment and rehabilitation of individuals injured by burns, (B) conduct research in the treatment and rehabilitation of siich individuals, and (C) provide training in such treatment and rehabilitation and in such research. Grants and contracts.

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


text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1251

 PUBLIC LAW 94-573—OCT. 21, 1976

90 STAT. 2719

(2) The Secretary may enter into contracts with entities and individuals for the support of research in the treatment and rehabilitation of individuals injured by burns. "(b) No grant or contract may be made or entered into under Applications, subsection (a) unless an application therefor has been submitted to, and approved by, the Secretary. Such application shall be submitted in such form and manner and contain such information as the Secretary may require. In considering applications under this section, the Secretary shall give priority to applications for programs which (1) will provide services within a geographical area in which services are not currently being adequately provided, and (2) are in or accessible to the service area of an emergency medical services system (as defined in section 1201(1)). 42 USC 300d. "(c) For purposes of carrying out subsection (a), there are author- Appropriation ized to be appropriated $5,000,000 for the fiscal year ending Septem- authorization, ber 30, 197^, $7,500,000 for the fiscal year ending September 30, 1978, and $10,000,000 for the fiscal year ending September 30, 1979.". TRANSFER OF EQUIPMENT

SEC. 15. Notwithstanding any other provision of law, the Secretary 42 USC 242b of Health, Education, and Welfare may vest title to equipment note. purchased— (1) with funds under the seven contracts for emergency medical services demonstration projects entered into in 1972 and 1973 under section 304 of the Public Health Service Act (as in effect 42 USC 242b at the time the contracts were entered into), and (2) by contractors with the United States under such contracts or subcontractors under such contracts, in such contractors or subcontractors without further obligation to the Government or on such terms as the Secretary considers appropriate. UNIFORM P A T I E N T REPORTING SYSTEM

SEC. 16. The Secretary of Health, Education, and Welfare shall 42 USC 300cl-9' conduct studies to identify the categories of patients which should be note. included in a uniform reporting system to be used to evaluate the effectiveness of emergency medical services systems and burn injury programs supported under title X II of the Public Health Service Act in reducing death and disability. Not later than 18 months after 42 USC 300d. the date of enactment of this Act, the Secretary shall report to the Congress the results of such studies. Such report shall include such recommendations for legislation relating to such a uniform reporting system as the Secretary determines are appropriate. E X T E N S I O N O F ARTHRITIS COMMISSION

SEC. 17. Section 3(j)(2) of the National Arthritis Act of 1974 (Public Law 93-640) is amended to read as follows: 42 USC 289c-l "(2) The Commission shall cease to exist on December 31, 1976.". note. EXTENSION OF THE COMMISSION FOR THE PROTECTION OF H U M A N SUBJECTS

SEC. 18. (a) Section 204(d) of the National Kesearch Act (Public Law 93-348) is amended by striking out "24-month period" each place 42 USC 289/-1 it appears and inserting in lieu thereof "36-month period". note.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1252

 90 STAT. 2720 42 use218 note.

PUBLIC LAW 94-573—OCT. 21, 1976 (b) Section 211(b) of such Act is amended by striking out "January 1, 1977" and inserting in lieu thereof "January 1, 1978". REVIEW OF ALCOHOLISM GRANTS

Submittal to National Advisory Council on Alcohol Abuse and Alcoholism.

Effective date.

42 USC 4577 note.

SEC. 19. (a) Section 311(c)(2) of the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970 (42 U.S.C. 4577) is amended)— (1) by inserting "(A) "after " (2) "; (2) by striking out the last two sentences thereof; and (3) by inserting at the end thereof the following new subparagraph: "(B)(i) Except as provided in clause (ii), each application for a grant under this section shall be submitted by the Secretary to the National Advisory Council on Alcohol Abuse and Alcoholism for his review. The Secretary may approve an application for a grant under this section only if it is recommended for approval by such Council. " (ii) Clause (i) shall not apply to an application for a grant under this section for a project or program for any period of 12 consecutive months for which period payments under such grant will be less than $250,000, if an application for a grant under this section for such project or program and for a period of time which includes such 12-month period has been submitted to, and approved by, the Secretary.". (b) The amendment made by subsection (a) shall apply with respect to applications for grants under section 311 of such Act after June 30, 1976. EFFECTIVE DATE

42 USC 300d note.

Ante, p. 2710. Ante, p. 2711.

SEC. 20. Amendments and repeals made to the Public Health Service Act by this Act shall not apply with respect to grants made or contracts entered into before the date of enactment of this Act, except that the amendments made by sections 4(3) and 5 of this Act with respect to adding a new subsection (f) to section 1203 and a new subsection (e) to section 1204, respectively, of the Public Health Service Act shall apply to grants made and contracts entered into after June 1, 1976. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1089 accompanying H.R. 12664 (Gomm. on Interstate and Foreign Commerce). SENATE REPORT No. 94-889 (Comm. on Ubor and Public Welfare). CONGRESSIONAL RECORD, Vol. 122 (1976): June 10, considered and passed Senate. Aug. 24, considered and passed House, amended, in lieu of H.R. 12664. Oct. 1, Senate agreed to House amendments with an amendment; House agreed to Senate amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1253

 PUBLIC LAW 94-574—OCT. 21, 1976

90 STAT. 2721

Public Law 94-574 94th Congress An Act To amend chapter 7, title 5, United States Code, with respect to procedure for judicial review of certain administrative agency action, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress asse?nbted, That sections 702 and 703 of title 5, United States Code, are amended to read as follows: "§ 702. Right of review "A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action m a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (hj name or h^ title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought. "The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. If no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the agency by its official title, or the appropriate officer. Except to the extent that prior, adequate, and exclusive opportunity for judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement.". SEC. 2. Section 1331(a) of title 28, United States Code, is amended by striking the final period and inserting a comma and adding thereafter the following: "except that no such sum or value shall be required in any such action brought against the United States, any agency thereof, or any officer or employee thereof in his official capacity.". SEC. 3. The first paragraph of section 1391(e) of title 28, United StE^tes Code, is amended to read as follows: "(e) A civil action in which a defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States,
 * '§703. Form and venue of proceeding

Oct. 21, 1976 [S. 800] Administrative agency action. Judicial review procedures.

District courts, civil action amounts.

District courts, venue.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1254

 90 STAT. 2722

28 USC app.

PUBLIC LAW 94-574—OCT. 21, 1976 or the United States, may, except as otherwise provided by law, be brought in any judicial district in which (1) a defendant in the action resides, or (2) the cause of action arose, or (3) any real property involved in the action is situated, or (4) the plaintiff resides if no real property is involved in the action. Additional persons may be joined as parties to any such action in accordance with the Federal Rules of Civil Procedure and with such other venue requirements as would be applicable if the United States or one of its officers, employees, or agencies were not a party.". Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1656 (Comm. on the Judiciary). SENATE REPORT No. 94-996 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 122 (1976): July 1, considered and passed Senate, amended. Oct. 1, considered and passed House.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1255

 PUBLIC LAW 94-575—OCT. 21, 1976

90 STAT. 2723

Public Law 94-575 94th Congress An Act To amend title 44, United States Code, to strengthen the authority of the Administrator of General Services with respect to records management by Federal agencies, and for other purposes.

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

1. This Act may be cited as the "Federal Eecords Management Amendments of 1976". SECTION

Oct. 21, 1976 [H.R. 13828]

Federal Records Management Amendments of 1976. 44 USC 2901 note.

AMENDMENT OF CHAPTER 2 9, TITLE 4 4, UNITED STATES CODE

SEC. 2. (a) Chapter 29 of title 44, United States Code, is amended— (1) by striking out sections 2901 and 2902 of such chapter and inserting in lieu thereof the following: "As used in this chapter, and chapters 21, 25, 27, 31, and 33 of this title— "(1) the term 'records' has the meaning given it by section 3301 of this title; "(2) the term 'records management' means the planning, controlling, directing, organizing, training, promoting, and other managerial activities involved with respect to records creation, records maintenance and use, and records disposition; "(3) the term 'records creation' means the production or reproduction of any record; "(4) the term 'records maintenance and use' means any activity involving— "(A) location of records of a Federal agency; "(B) storage, retrieval, and handling of records kept at office file locations by or for a Federal agency; "(C) processing of mail by a Federal agency; or "(D) selection and utilization of equipment and supplies associated with records and copying; "(5) the term 'records disposition' means any activity with respect to— "(A) disposal of temporary records no longer necessary for the conduct of business by destruction or donation; "(B) transfer of records to Federal agency storage facilities or records centers; "(C) transfer to the National Archives of the United States of records determined to have sufficient historical or other value to warrant continued preservation; or "(D) transfer of records from one Federal agency to any other Federal agency; "(6) the term 'records center' means an establishment maintained and operated by the Administrator or by another Federal agency primarily for the storage, servicing, security, and processing of records which need to be preserved for varying periods of time and need not be retained in office equipment or space;
 * '§ 2901. Definitions

44 USC 2901.

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text:
Page:United States Statutes at Large Volume 90 Part 2.djvu/1256

 90 STAT. 2724

PUBLIC LAW 94-575—OCT. 21, 1976

" (7) the term 'records management study' means an investigation and analysis of any Federal agency records, or records management practices or programs (whether manual or automated), with a view toward rendering findings and recommendations with respect thereto; " (8) the term 'inspection' means reviewing any Federal agency's i^'records or records management practices or programs with respect to eflFectiveness and compliance with records management laws and making necessary recommendations for correction or improvement of records management; "(9) the term 'servicing' means making available for use infori mation in records and other materials in the custody of the Administrator, or in a records center— " (A) by furnishing the records or other materials, or infor" = mation from them, or copies or reproductions thereof, to any Federal agency for official use, or to the public; or "(B) by making and furnishing authenticated or unau-thenticated copies or reproductions of the records or other materials; "(10) the term 'unauthenticated copies' means exact copies or reproductions of records or other materials that are not certified Ov:;; as such under seal and that need not be legally accepted as evidence; "(11) the term 'National Archives of the United States'means those official records which have been determined by the Archivist of the United States to have sufficient historical or other value to warrant their continued preservation by the Federal Government, and which have been accepted by the Administrator for deposit in his custody; "(12) the term 'Administrator' means the Administrator of General Services; "(13) the terms 'executive agency' and 'Federal agency' shall have the meanings given such terms by subsections (a) and (b), respectively, of section 3 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 472 (a) and (b)). 44 USC 2902. "§ 2902. Objectives of records management "It is the purpose of this chapter, and chapters 21, 31, and 33 of this title, to require the establishment of standards and procedures to assure efficient and effective records management. Such records management standards and procedures shall seek to implement the following goals: "(1) Accurate and complete documentation of the policies and transactions of the Federal Government. "(2) Control of the quantity and quality of records produced by the Federal Government. "(3) Establishment and maintenance of mechanisms of control with respect to records creation in order to prevent the creation of unnecessary records and with respect to the effective and economical operations of an agency. "(4) Simplification of the activities, systems, and processes of records creation and of records maintenance and use. "f 5^ Judicious preservation and disposal of records. "[6) Direction of continuing attention on records from their initial creation to their final disposition, with particular emphasis on the prevention of unnecessary Federal paperwork.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1257

 PUBLIC LAW 94-575—OCT. 21, 1976 "(7) Establishment and maintenance of such other systems or techniques as the Administrator considers necessary to carry out the purposes of this chapter, and chapters 21, 31, and 33 of this title."; (2) by striking out section 2904 of such chapter and inserting in lieu thereof the following: "The Administrator shall provide guidance and assistance to Federal agencies with respect to records creation, records maintenance and use, and records disposition. In providing such guidance and assistance, the Administrator shall have responsibility to— "(1) promote economy and efficiency in the selection and utilization of space, staff, equipment, and supplies for records management; "(2) promulgate standards, procedures, and guidelines with respect to records management and records management studies; "(3) conduct research with respect to the improvement of records management practices and programs; "(4) serve as a clearinghouse for information with respect to records management and as a central source for reference and training materials with respect to records management; "(5) establish such interagency committees and boards as may be necessary to provide an exchange of information among Federal agencies with respect to records management; "(6) disseminate information with respect to technological development in records management; "(7) direct the continuing attention of Federal agencies and the Congress on the burden placed on the Federal Government by unnecessary paperwork, and on the need for adequate policies governing records creation, maintenance and use, and disposition; " (8) conduct records management studies and, in his discretion. designate the heads of executive agencies to conduct records management studies with respect to establishing systems and techniques designed to save time and effort in records management, with particular attention given to standards and procedures governing records creation; "(9) conduct inspections or records management studies which involve a review of the programs and practices of more than one Federal agency and which examine interaction among and relationships between Federal agencies with respect to records and T'ecords management; and "(10) report to the Congress and to the Director of the Office of Management and Budget each year, at such time or times as he may deem desirable, on the results of the foregoing activities, including evaluations of responses by Federal agencies to any recommendations resulting from studies or inspections conducted by him."; (3) by striking out sections 2906 and 2907 of such chapter and inserting in lieu thereof the following: "§ 2906. Inspection of agency records "(a)(1) In carrying out his duties and responsibilities under this chapter, the Administrator of General Services or his designee may inspect the records or the records management practices and programs of any Federal agency solely for the purpose of rendering recommendations for the improvement of records management practices and programs. Officers and employees of such agencies shall
 * § 2904. General responsibilities of Administrator

90 STAT. 2725 '

44 USC 2904.

Standards and guidelines.

-" •

Studies,

Report to Congress and Director of OMB.

44 USC 2906.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1258

 90 STAT. 2726

5 USC 552a.

44 USC 2907.

Repeal. 44 USC 2910.

PUBLIC LAW 94-575—OCT. 21, 1976 cooperate fully in such inspections, subject to the provisions of paragraphs (2) and (3) of this subsection. "(2) Records, the use of which is restricted hj law or for reasons of national security or the public interest, shall be inspected, in accordance with regulations promulgated by the Administrator, subject to the approval of the head of the agency concerned or of the President. "(3) If the Administrator or his designee inspects a record, as provided in this subsection, which is contained in a system of records which is subject to section 552a of title 5, such record shall be— "(A) maintained by the Administrator or his designee as a record contained in a system of records; or "(B) deemed to be a record contained in a system of records for purposes of subsections (b), (c), and (i) of section 552a of titles. "(b) In conducting the inspection of agency records provided for in subsection (a) of this section, the Administrator or his designee shall, in addition to complying with the provisions of law cited in subsection (a)(3), comply with all other Federal laws and be subject to the sanctions provided therein. "§ 2907. Records centers and centralized microfilming services "The Administrator may establish, maintain, and operate records centers and centralized microfilming services for Federal agencies."; and (4) by striking out section 2910. (b) The table of sections for chapter 29 of title 44, United States Code, is amended to read as follows: "2901. "2902. "2903. "2904. "2905. "2906. "2907. "2908. "2909.

Definitions. Objectives of records management. Custody and control of property. General responsibilities of Administrator. Establishment of standards for selective retention of records; security measures. Inspection of agency records. Records centers and centralized microfilming services. Regulations. Retention of records.".

AMENDMENT OF CHAPTER

y 44 USC 3103.

3 1, TITLE 4 4, UNITED STATES CODE

SEC. 3. (a) Chapter 31 of title 44, United States Code, is amended— (1) by striking out ", maintenance," in section 3102 and inserting lieu thereof "and over the maintenance"; (2) by striking out "2901, 2903-2909" in section 3102(3) and inserting in lieu thereof "2901-2909"; (3) by striking out section 3103 of such chapter and inserting in lieu thereof the following: «§ 3103. Transfer of records to records centers "When the head of a Federal agency determines that such action may affect substantial economies or increased operating efficiency, he shall provide for the transfer of records to a records center maintained and operated by the Administrator, or, when approved by the Administrator, to a center maintained and operated by the head of the Federal agency."; and (4) by striking out, in the text of section 3107, everything preceding the word "title" and inserting in lieu thereof "Chapters 21,25,27,29, and 31 of this".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1259

 PUBLIC LAW 94-575—OCT. 21, 1976

90 STAT. 2727

(b) The table of sections for chapter 31 of title 44, United States Code, is amended by striking out the item relating to section 3103 and inserting in lieu thereof the following: "3103. Transfer of records to records centers.". TECHNICAL AND CONFORMING AMENDMENTS

SEC. 4. (a) Chapter 21 of title 44, United States Code, is amended by striking out "section 3106" each place it appears in sections 2103(4) and 2108 (b) and (c), and inserting in lieu thereof "section 2107". (b) Chapter 21 of such title is further amended by striking out "or 31" in section 2111(b) and "and 31" in section 2112, and inserting in lieu thereof "31, or 33" and "31, and 33", respectively. (c) Chapter 33 of such title is amended— (1) 1by striking out "; approval by President" in the table of sections item relating to section 3302 and in the heading of such section; and (2) by inserting "machine readable materials," immediately after "photographs," in section 3301. EFFECT ON OTHER LAWS

SEC. 5. (a) The provisions of this Act relating to the authority of 44 USC 2901 the Administrator of General Services do not fimit or repeal addi- "o*®tional authorities provided by statute or otherwise recognized by law. (b) The provisions of this Act do not limit or repeal the authority or responsibilities of the Joint Committee on Printing or the Government Printing Office under chapters 1 through 19 of title 44, United States Code. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1426 (Comm. on Government Operations). SENATE REPORT No. 94-1326 (Comm. on Government Operations). CONGRESSIONAL RECORD, Vol. 122 (1976): Aug. 24, considered and passed House. Sept. 28, considered and passed Senate, amended; proceedings vacated. Oct. 1, considered and passed Senate, amended; House agreed to Senate amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1260

 90 STAT. 2728

PUBLIC LAW 94-576—OCT. 21, 1976

Public Law 94-576 94th Congress An Act Oct. 21, 1976 [H.R. 15563]

Dams and reservoirs. Recreational, ?6 Tisr*** 460Z-17

.

To amend the Act of July 9, 1965 (79 Stat. 213; 16 U.S.C. 4601-17(c)), and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 6(d) of the Act of July 9, 1965 (79 Stat. 213; 16 U.S.C. 460 L-17(c)) is amended by inserting after "Authority,": "but the Authority is authorized to recognize and provide for recreational and other public ^^^^ ^* ^^^ dams and reservoirs heretofore or hereafter constructed in a manner consistent with the promotion of navigation, flood control, and the generation of electrical energy, as otherwise required by law,". Approved October 21, 1976.

LEGISLATIVE HISTORY:

- -

HOUSE REPORT No. 94-1608 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1353 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): Sept. 22, considered and passed House. Sept. 30, considered and passed Senate, amended. Oct. 1, House agreed to Senate amendment with an amendment; Senate agreed to House amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1261

 PUBLIC LAW 94-577—OCT. 21, 1976

90 STAT. 2729

Public Law 94-577 94th Congress An Act To improve judicial machinery by further defining the jurisdiction of United States magistrates, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 636(b) of title 28, United States Code, is amended to read as follows: "(b)(1) Notwithstanding any provision of law to the contrary— " (A) a judge may designate a magistrate to hear and determine any pretrial matter pending before the court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, to dismiss or quash an indictment or information made by the defendant, to suppress evidence in a criminal case, to dismiss or to permit maintenance of a class action, to dismiss for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. A judge of the court may reconsider any pretrial matter under this subparagraph (A) where it has been shown that the magistrate's order is clearly erroneous or contrary to law. "(B) a judge may also designate a magistrate to conduct hearings, including evidentiary hearings, and to submit to a judge of the court proposed findings of fact and recommendations for the disposition, by a judge of the court, of any motion excepted in subparagraph (A), of applications for posttrial relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement, "(C) the magistrate shall file his proposed findings and recommendations under subparagraph (B) with the court and a copy shall forthwith be mailed to all parties. Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate. The judge may also receive further evidence or recommit the matter to the magistrate with instructions. " (2) A judge may designate a magistrate to serve as a special master pursuant to the applicable provisions of this title and the Federal Rules of Civil Procedure for the United States district courts. A judge may designate a magistrate to serve as a special master in any civil case, upon consent of the parties, without regard to the provisions of rule 53(b) of the Federal Rules of Civil Procedure for the United States district courts. "(3) A magistrate may be assigned such additional duties as are not inconsistent with the Constitution and laws of the United States.

uct. 21, 1976 [S. 1283]

U-S. magistrates, Jurisdiction, definition.

28 USC app.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1262

 90 STAT. 2730

28 USC app.

PUBLIC LAW 94-577—OCT. 21, 1976 " (4) Each district court shall establish rules pursuant to which the magistrates shall discharge their duties.". SEC. 2. (a)(1) Rule 8(b) of the Rules Governing Section 2254 Cases in the United States District Courts is amended to read as follows: " (b) F U X C T I O N OP THE MAGISTRATE,—

.;g

v ^

28 USC app.

"(1) When designated to do so in accordance with 28 U.S.C. § 636(b), a magistrate may conduct hearings, including evidentiary hearings, on the petition, and submit to a judge of the court proposed findings of fact and recommendations for disposition. "(2) The magistrate shall file proposed findings and recommendations with the court and a copy shall forthwith be mailed to all parties. "(3) Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. "(4) A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify in whole or in part any findings or recommendations made by the magistrate.". (2) Rule 8(b) of the Rules Governing Section 2255 Proceedings for the United States District Courts is amended to read as follows: "(b)

FUNCTION or THE MAGISTRATE.—

"(1) When designated to do so in accordance with 28 U.S.C. § 636(b), a magistrate may conduct hearings, including evidentiary hearings, on the motion, and submit to a judge of the court proposed findings and recommendations for disposition. "(2) The magistrate shall file proposed findings and recommendations with the court and a copy shall forthwith be mailed to all parties. " (3) Within ten days after being served with a copy, any party may serve and file written objections to such proposed findings and recommendations as provided by rules of court. "(4) A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made. A judge of the court may accept, reject, or modify in whole or in part any findings or recommendations made by the magistrate.".

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1263

 PUBLIC LAW 94-577—OCT. 21, 1976

90 STAT. 2731

(b)(1) Rule 8(c) of such Rules Governing Section 2254 Cases is 28 USC app. amended by striking out "and shall conduct the hearing" and inserting in lieu thereof the following: "and the hearing shall be conducted. (2) Rule 8(c) of such Rules Governing Section 2255 Proceedings is amended by striking out "and shall conduct the hearing" and inserting in lieu thereof the following: "and the hearing shall be conducted". (c) The amendments made by this section shall take effect with Effective date, respect to petitions under section 2254 and motions under section 2255 of title 28 of the United States Code filed on or after February 1, 1977. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1609 (Coram, on the Judiciary). SENATE REPORT No. 94-625 (Coram, on the Judiciary). CONGRESSIONAL RECORD, Vol 122 (1976): Feb. 5, considered and passed Senate. Oct. 1, considered and passed House, amended; Senate agreed to House amendments.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1264

 90 STAT. 2732

PUBLIC LAW 94-578—OCT. 21, 1976

Public Law 94-578 94th Congress An Act Oct. 21, 1976 [H.R. 13713] National Park System. Appropriation ceilings increase; boundary changes. 16 USC 272f.

16 USC 459f-10. 16USe460m-14. 16 USC 273f. 16 USC 459e-9. 16 USC 459h.l0. 16 USC 461 note. 16 USC llle.

16 USC 90d.5. 16 USC 461 note.

16 USC 271g.

To provide for increases in appropriation ceilings and boundary changes in certain units of the National Park System, and for other purxMses. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I—ACQUISITION CEILING INCREASES SEC. 101. The limitations on appropriations for the acquisition of lands and interests therein within units of the National Park System contained in the following Acts are amended as follows: (1) Arches National Park, Utah: section 7 of the Act of November 12, 1971 (85 Stat. 422), is amended by changing "$125,000" to "$275,000"; (2) Assateague Island National Seashore, Maryland and Virginia: section 11 of the Act of September 21, 1965 (79 Stat. 824), as amended (16 U.S.C. 459f), is further amended by changing "$21,050,000" to "$22,400,000"; (3) Buffalo National River, Arkansas: section 7 of the Act of March 1, 1972 (86 Stat. 44), is amended by changing "$16,115,000" to "$30,071,500"; (4) Capitol Reef National Park, Utah: section 7 of the Act of December 18, 1971 (85 Stat. 739), is amended by changing "$423,000" to "$2,173,000"; (5) Fire Island National Seashore, New York: section 10 of the Act of September 11, 1964 (78 Stat. 928), is amended by changing "$16,000,000" to "$18,000,000"; (6) Gulf Islands National Seashore, Florida and Mississippi: section 11 of the Act of January 8, 1971 (84 Stat. 1967), is amended by changing "$3,462,000" to "$22,162,000"; (7) Lincoln Home National Historic Site, Illinois: section 3 of the Act of August 18, 1971 (85 Stat. 347), is amended by changing "$2,003,000" to "$3,059,000"; (8) Mesa Verde National Park, Colorado: section 3 of the Act of December 23, 1963 (77 Stat. 473), is amended by changing "$125,000" to "$193,233"; (9) North Cascades National Park and Lake Chelan National Recreation Area, Washington: section 506 of the Act of October 2, 1968 (82 Stat. 926), is amended by changing "$3,500,000" to $4,500,000"; (10) Saint-Gaudens National Historic Site, New Hampshire; section 6 of the Act of August 31, 1964 (78 Stat. 749), is amended by adding a new sentence as follows: "For the acquisition of lands or interest therein, there is authorized to be appropriated not to exceed $80,000."; (11) Scotts Bluff National Monument, Nebraska: section 3 of the Act of June 30, 1961 (75 Stat. 148), is amended by changing "$15,000" to "$145,000"; (12) Canyonlands National Park, Utah: section 8 of the Act of September 12, 1964 (78 Stat. 934) as amended (85 Stat. 421) is further amended by changing "$16,000" to "$104,500"; and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1265

 PUBLIC LAW 94-578—OCT. 21, 1976 (13) Padre Island National Seashore, Texas: section 8 of the Act of September 28, 1962 (76 Stat. 650) is amended by changing "$5,000,000" to "$5,350,000".

90 STAT. 2,733 16 USC 459'd-7.

TITLE II—DEVELOPMENT CEILING INCKEASES SEC. 201. The limitations on appropriations for development of units of the National Park System contained in the following Acts are amended as follows: (1) Andrew Johnson National Historic Site, Tennessee: section 3 of the Act of December 11, 1963 (77 Stat. 350), is amended by changing "$66,000" to "$266,000"; (2) Arkansas Post National Memorial, Arkansas: section 3 of the Act of July 6, 1960 (74 Stat. 334), as amended (80 Stat. 339), is further amended by changing "$550,000" to "$2,750,000"; (3) Chamizal National Memorial, Texas: section 5 of the Act of June 30, 1966 (80 Stat. 232), is amended by changing "$2,060,000" to "$5,063,000"; (4) Fort Lamed National Historic Site, Kansas: section 3 of the Act of August 31, 1964 (78 Stat. 748), is amended by changing "$1,273,000" to "$4,273,000"; (5) Golden Spike National Historic Site, Utah: section 3 of the Act of July 30, 1965 (79 Stat. 426), is amended by changing "$1,168,000" to "$5,422,000"; (6) Jefferson National Expansion Memorial National Historic Site, Missouri: section 4 of the Act of May 17, 1954 (68 Stat. 98), as amended (16 U.S.C. 450jj), is further amended by changing "$23,250,000" to "$32,750,000"; (7) Saint Gaudens National Historic Site, New Hampshire: section 6 of the Act of August 31, 1964 (78 Stat. 749), is amended by changing "$210,000" to "$2,677,000"; (8) Vicksburg National Military Park, Mississippi: section 3 of the Act of June 4, 1963 (77 Stat. 55), is amended by changing "$2,050,000" to "$3,850,000"; _ (9) Channel Islands National Monument, California: paragraph (1) of section 201 of the Act of October 26, 1974 (88 Stat. 1445, 1446), is amended by changing "$2,936,000" to "$5,452,000"; and (10) Nez Perce National Historical Park, Idaho: section 7 of the Act of May 15, 1965 (79 Stat. 110) is amended by changing "$1,337,000" to "$4,100,000".

16 USC 461 note.

16 USC 431 note.

16 USC 431 note.

16 USC 461 note.

16 USC 461 note.

16 USC 450jj note. 16 USC 461 note.

16 USC 430h-5.

16 USC 281f.

TITLE III—MISCELLANEOUS PROVISIONS SEC. 301. The Act of September 21, 1965 (79 Stat. 824), as amended (16 U.S.C. 459f), providing for the establishment of the Assateague Island National Seashore in the States of Maryland and Virginia, is further amended by repealing sections 7 and 9 in their entirety, and by adding the following new section 12: "SEC. 12. (a) Within two years of the date of enactment of this section, the Secretary shall develop and transmit to the Committees on Interior and Insular Affairs of the Senate and the House of Representatives a comprehensive plan for the protection, management, and use of the seashore, to include but not be limited to the following considerations: "(1) measures for the full protection and management of the natural resources and natural ecosystems of the seashore;

89-194 O—78—pt. 2

80

Repeal. 16 USC 459f-(i, 459f-8.

Comprehensive plan, transmittal to congressional committees. 16USe459f.ll.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1266

 90 STAT. 2734

Publication in Federal Register.

Land acquisition.

Appropriation authorization. 16 USC 431 note.

Land transfer.

PUBLIC LAW 94-578—OCT. 21, 1976

"(2) present and proposed uses of the seashore and the lands and waters adjacent or related thereto, the uses of which would reasonably be expected to influence the administration, use, and environmental quality of the seashore; "(3) plans for the development of facilities necessary and appropriate for visitor use and enjoyment of the seashore, with identification of resource and user carrying capacities, along with the anticipated costs for all proposed development; "(4) plans for visitor transportation systems integrated and coordinated with lands and facilities adjacent to, but outside of, the seashore; and "(5) plans for fostering the development of cooperative agreements and land and resource use patterns outside the seashore which would be compatible with the protection and management of the seashore. "(b) Notwithstanding any other provision of law, no Federal loan, grant, license, or other form of assistance for any project which, in the opinion of the Secretary would significantly adversely affect the administration, use, and environmental quality of the seashore shall be made, issued, or approved by the head of any Federal agency without first consulting with the Secretary to determine whether or not such project is consistent with the plan developed pursuant to this section and allowing him at least thirty days to comment in writing or. puch proposed action.". SEC. 302. (a) The Secretary of the Interior is authorized to designate by publication of a map or other boundary description in the Federal Register certain areas of scenic, historic, and geological significance including portions of No Thoroughfare Canyon and Eed Canyon, but not to exceed two thousand eisht hundred acres, for addition to Colorado National Monument, Colorado. Within the areas so designated the Secretary may acquire lands and interests therein by donation, purchase with donated or appropriated funds, or exchange. Property so acquired and any Federal property so designated shall thereupon become part of the Colorado National Monument, subject to the laws and regulations applicable to the monument. (b) There is authorized to be appropriated not to exceed $460,000 for the acquisition of lands and interests therein. SEC. 303. Section 4 of the Act approved August 31, 1965 (79 Stat. 588), as amended (87 Stat. 456), providing for the commemoration of certain historical events in the State of Kansas, is further amended by changing "$1,420,000" to "$2,000,000". SEC. 304. (a) In order to facilitate the administration of certain areas of the National Park System located in Montgomery County, Maryland, the Secretary of the Interior (hereafter in this Act referred to as the "Secretary") may transfer, without monetary reimbursement, to the jurisdiction of the Director of the National Park Service in Montgomery County, Maryland, as set forth in the drawing entitled "Transfer of Land for Washington Aqueduct Shops and Storehouse Projects", numbered 40.1—103.3—1, and dated January 30, 1970 (a copy of which shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior), and which the Secretary of the Army has had use of under a permit dated March 5, 1965, issued by the Director of the National Park Service. (b) The Secretary of the Army may transfer, without monetary reimbursement, to the jurisdiction of the Secretary the land located in Montgomery County, Maryland, administered by the Secretary of the Army as part of the Washington Aqueduct at the Dalecarlia Shops

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1267

 PUBLIC LAW 94-578—OCT. 21, 1976 area, as set forth in the drawing of January 30, 1970, specified in subsection (a). SEC. 305. Section 2(c) of the Act of October 4, 1961 (75 Stat. 780), providing for the preservation and protection of certain lands in Prince Georges and Charles Counties, Maryland, as amended (88 Stat. 1304), is further amended by changing the fifth sentence by deleting "parcels A, B, C, and D " and inserting in lieu thereof "parcels A. B, and C". SEC. 306. Section 3 of the Act of August 31, 1964 (78 Stat. 749), authorizing the establishment of the Saint-Gaudens National Historic Site, Xew Hampshire, is amended by adding the following sentence: "Following such establishment the Secretary may acquire by donation, purchase with donated or appropriated funds, or exchange not to exceed sixty-four acres of lands and interests therein which he deems necessary for addition to the national historical site and which, when acquired, shall become a part of the site,". SEC. 307. (a) The boundary of the Saguaro National Monument is hereby revised to include the area as generally depicted on the map entitled "Boundary Map, Saguaro National Monument, Pima County, Arizona"', numbered 151-91,001-C, and dated July 1976, which map shall be on file and available for public inspection in the Offices of the National Park Service, Department of the Interior. The Secretary of the Interior may acquire property within the revised boundary by donation, purchase, transfer from any other Federal agency, exchange, or by any other means. The monument shall hereafter be administered in accordance with the Act of August 25, 1916 (39 Stat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented. (b) There is authorized to be appropriated not to exceed $1,700,000 in the acquisition of lands and interests added to the Saguaro Monument pursuant to subsection (a). SEC. 308. (a) The Appomattox Court House National Historical Park shall hereafter comprise the area depicted on the map entitled "Boundary Map, Appomattox Court House National Historical Park", numbered 340-20,000A, and dated September 1976, which is on file and available for public inspection in the offices of the National Park Service, Department of the Interior. (b) Within the boundaries of the park, the Secretary may acquire lands and interests in lands, by donation, purchase with donated or appropriated funds, or exchange. Any lands or interests in lands owned by the State of Virginia or its political subdivisions may be acquired only by donation. (c)(1) The owner of an improved property on the date of its acquisition by the Secretary may, as a condition of such acquisition, retain for himself and his heirs and assigns a right of use and occupancy of tl:e improved property for noncommercial residential purposes for a definite term of not more than twenty-five years or, in lieu thereof, for a term ending at the death of the owner or the death of his spouse, whichever is later. The owner shall elect the term to be reserved. Unless this property is wholly or partially donated to the United States, the Secretary shall pay the owner the fair market value of the property on the date of acquisition, less the fair market value, on that date, of the right retained by the owner. A right retained pursuant to this section shall be subject to termination by the Secretary upon his determination that it is being exercised in a manner inconsistent with the purposes of this Act, and it shall terminate by operation of law

90 STAT. 2735

Land acquisition. 16 USC 461 note.

Saguaro National Monument, Aiiz., boundary

Appropriation authorization. Appomattox Court House National Historical Park, Va. 16 USC 450e-l. Land acquisition.

Property retained.

Fair market value. Termination.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1268

 90 STAT. 2736

"Improved property."

42 USC 4623-4626. Administration.

Repeals. 16 USC 450b, 450c, 450d, 450d-l, 450e. Appropriation authorization. Bandelier National Monument, N. Mex., land acquisition.

Appropriation authorization. 16USe460m-14.

Appropriation authorization.

PUBLIC LAW 94-578—OCT. 21, 1976 upon the Secretary's notifying the holder of the right of such determination and tendering to him an amount equal to the fair market value of that portion of the right which remains unexpired. (2) As used in this Act, the term "improved property" means a detached, single-family dwelling, construction of which was begun before June 8, 1976, which is used for noncommercial residential purposes, together with such additional lands or interests therein as the Secretary deems to be reasonably necessary for access thereto, such lands being in the same ownership as the dwelling, together with any structures accessory to the dwelling which are situated on such land. (3) Whenever an owner of property elects to retain a right of use and occupancy as provided in this section, such owner shall be deemed to have waived any benefits or rights accruing under sections 203, 204, 205, and 206 of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (84 Stat. 1894), and for the purposes of such sections such owner shall not be considered a displaced person as defined in section 101(6) of such Act. (d) The Secretary shall administer the park in accordance with the Acts of August 25, 1916 (39 Stat. 535), as amended and supplemented, and August 21, 1935 (49 Stat. 666) as amended. (e) The Acts of June 18, 1930 (46 Stat. 777), August 13, 1935 (49 Stat. 613), and July 17, 1953 (67 Stat. 181), are repealed. (f) There are authorized to be appropriated not to exceed $1,335,000 to carry out the purposes of this Act. SEC. 309. (a) That the Secretary of the Interior is authorized to acquire by donation, purchase with donated or appropriated funds, or exchange approximately four thousand two hundred and thirty-four acres comprising part of the Canada de Cochiti Grant adjacent to the southern boundary of Bandelier National Monument, New Mexico, and approximately three thousand and seventy-six acres containing the headwaters of the Rito de los Frijoles adjacent to the northwestern boundary for addition to the monument. Lands and interests therein owned by the State of New Mexico or any political subdivision thereof may be acquired only by donation or exchange. (b) Lands and interests therein acquired pursuant to this Act shall thereupon become part of Bandelier National Monument and subject to all laws and regulations applicable thereto. (c) There are hereby authorized to be appropriated not to exceed $1,463,000 for the acquisition of land. SEC. 310. Section 7 of the Act of March 1, 1972 (86 Stat. 44) which establishes the Buffalo National River, is amended by deleting "For development of the national river, there are authorized to be appropriated not more than $283,000 in fiscal year 1974; $2,923,000 in fiscal year 1975; $3,643,000 in fiscal year 1976; $1,262,000 in fiscal year 1977; and $1,260,000 in fiscal year 1978. The sums appropriated each year shall remain available until expended." and inserting in lieu thereof "For development of the national river, there are authorized to be appropriated not to exceed $9,371,000.". SEC. 311. The Act of September 5, 1962 (76 Stat. 428) which designates the Edison National Historic Site, is amended (a) by deleting the words "accept the donation of" in section 2 and substituting the words "acquire, by donation, or purchase with donated or appropriated funds,"; and (b) by adding the following new section: "SEC. 4. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, but not to exceed

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1269

 PUBLIC LAW 94-578—OCT. 21, 1976 $75,000 for acquisition of lands or interests therein, and $1,695,000 for development.". SEC. 312. The Act of September 13, 1961 (75 Stat. 489), authorizing the establishment of the Fort Smith National Historic Site, Arkansas, is amended as follows: (a) in section 1, after "adjoining" insert "or related" in the first sentence, and add the following after the second sentence: "The total area so designed for the purposes of this Act may not exceed seventy-five acres."; (b) in section 2, change the colon at the end of the second sentence to a period and delete the remainder of the section (through the second proviso); and (c) revise section 4 to read as follows: "SEC. 4. There are hereby authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act, not to exceed, however, $1,719,000 for land acquisition and not to exceed $4,580,000 for the development of Fort Smith National Historic Site undertaken after the effective date of this section.". SEC. 313. The Act of September 13, 1960 (74 Stat. 881) which designates and establishes that portion of the Hawaii National Park on the island of Maui, in the State of Hawaii, as the Haleakala National Park, is amended by adding the following new section: "SEC. 2. (a) Notwithstanding any limitations on land acquisition as provided by the Act of June 20, 1938 (52 Stat. 781), the Secretary of the Interior may acquire for addition to the park any land on the island of Maui within the boundaries of the area generally depicted on the map entitled 'Haleakala National Park, Segment 03,' numbered 162-30,000-G, and dated May 1972, by donation, purchase with donated or appropriated funds, or exchange. The map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. "(b) There is authorized to be appropriated such sums but not to exceed $920,000 as may be necessary to carry out the purposes of this section.". SEC. 314. The second sentence of subsection (e) of section 6 of the John F. Kennedy Center Act (72 Stat. 1698), as amended, is amended to read as follows: "There is authorized to be appropriated to carry out this subsection not to exceed $4,000,000 for the fiscal year ending September 30, 1978, and not to exceed $4,300,000 for the fiscal year ending September 30, 1979.". SEC. 315. The Act of September 18, 1964 (78 Stat. 957), entitled "An Act to authorize the addition of lands to Morristown National Historical Park in the State of New Jersey, and for other purposes", as amended by the Act of October 26, 1974 (88 Stat. 1447), is amended by changing "465 acres" in both places in which it appears in the first section to "600 acres". SEC. 316. The first sentence of section 15 of the Act of March 23, 1972 (86 Stat. 102; 16 U.S.C. 460z-13) which establishes the Oregon Dunes National Eecreation Area, is hereby amended to read as follows: "There are hereby authorized to be appropriated for the acquisition of lands, waters, and interests therein such sums as are necessary, not to exceed $5,750,000.". SEC. 317. The boundary of the Pecos National Monument is hereby revised to include the area as generally depicted on the map entitled "Boundary Map, Pecos National Monument, New Mexico", numbered 430-20017, and dated December 1975, which map shall be on file and

90 STAT. 2737

16 USC 461 note.

Appropriation authorization.

16 USC 396b.

Land acquisition. 16 USC 396c.

Appropriation authorization.

20 USC 76/.

16 USC 409g.

Appropriation authorization.

Pecos National Monument, N. Mex., boundary revision.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1270

 90 STAT. 2738

Zion National Park, Utah, boundary revision. 16 USC 346a-4.

16 USC 430k. 16 USC 430/.

16 USC 430m.

Repeal. 16 USC 430n. 16 USC 430o.

16 USC 430p.

PUBLIC LAW 94-578—OCT. 21, 1976 available for public inspection in the offices of the National Park Service, Department of the Interior. SEC. 318. The boundary of Zion National Park is hereby revised to include the area as generally depicted on the map entitled "Land Ownership Types, Zion National Park, Utah", numbered 116-80,003, which map shall be on file and available for public inspection in the offices of the National Park Service, Department of the Interior. The Secretary of the Interior may acquire the property included by this section by donation only. SEC. 319. The Act of June 21, 1934 (48 Stat. 1198; 16 U.S.C. 430j) is amended as follows: (1) In section 1: (a) change "national military park" to "national battlefield" and (b) change "Monocacy National Military Park" to "Monocacy National Battlefield" (hereinafter referred to as "the battlefield"). The battlefield shall comprise the area generally depicted on the drawing entitled "Boundary, Monocacy National Battlefield", numbered 894-40,000 and dated May 1976, and delete the remainder of the sentence. (2) In section 2, change "Monocacy National Military Park" to "battlefield" wherever it occurs. (3) In section 3, delete "enter into leases with the owners of such of the lands, works, defenses, and buildings thereon within the Monocacy National Military Park, as in his discretion it is unnecessary to forthwith acquire title to, and such leases shall be on such terms and conditions as the Secretary of the Interior may prescribe, and may contain options to purchase, subject to later acceptance, if, in the judgment of the Secretary of the Interior, it is as economical to purchase as condemn title to property: Provided, That the Secretary of the Interior m&j enter into agreements upon such nominal terms as he may prescribe, permitting the present owners or their tenants to occupy or cultivate their present holdings, upon condition", and insert in lieu thereof, "lease to the immediately preceding owner or owners any lands acquired pursuant to an agreement that such lessee or lessees will occupy such lands in a manner consistent with the purposes of this Act and". (4) Change section 4 to read: "SEC. 4. The administration, development, preservation, and maintenance of the battlefield shall be exercised by the Secretary of the Interior in accordance with the Act of August 25, 1916 (39 ^tat. 535; 16 U.S.C. 1 et seq.), as amended and supplemented, and the Act of August 21, 1935 (49 Stat. 666).". (5) Repeal all of section 5. (6) In section 6: (a) delete "said Office of National Parks, Buildings, and Reservations, acting through the", and (b) change "Monocacy National Military Park:" to "battlefield", delete the remainder of the sentence and insert in lieu thereof "for carrying out the provisions of this Act.". (7) In section 7: (a) change "Monocacy National Military Park" to "battlefield", and (b) delete the comma and "which approval shall be based on formal written reports made to him in each case by the Office of National Parks, Buildings, and Reservations; Provided,^ and insert in lieu thereof '•Provided further,''.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1271

 PUBLIC LAW 94-578—OCT. 21, 1976 (8) In section 8, change the comma to a period and delete "of not less than $5 nor more than $500.". (9) Change section 10 to read: "SEC. 10. There are hereby authorized to be appropriated such sums as may be necessary, but not more than $3,525,000 for the acquisition of lands and interests in lands, and not to exceed $500,000 for the development of essential public facilities. Within three years from the date of the enactment of this section, the Secretary shall develop and transmit to the Committees on Interior and Insular Affairs of the United States Congress a final master plan for the full development of the battlefield consistent with the preservation objectives of this Act, indicating: "(1) the facilities needed to accommodate the health, safety, and interpretive needs of the visiting public; "(2) the location and estimated cost of all facilities; and "(3) the projected need for any additional facilities within the battlefield. No funds authorized to be appropriated pursuant to this section shall be available prior to October 1, 1977.". SEC. 320. (a) The boundaries of Olympic National Park as established by the Act of June 29, 1938 (52 Stat. 1241), and as revised by proclamation pursuant to that Act and by or pursuant to the Act of December 22, 1942 (56 Stat. 1070), and the Act of June 11, 1958 (72 Stat. 185), are hereby revised to include the lands, privately owned aquatic lands, and interests therein within the boundaries depicted on the map entitled "Boundary Map, Olympic National Park, Washington," numbered 149-80-001-B, and dated January 1976, which shall be on file and available for public inspection in the office of the National Park Service, Department of the Interior. (b) The Secretary of the Interior (hereinafter referred to as the "Secretary") shall, beginning within thirty days after the date of enactment of this Act, consult with the Governor of the State of Washington, the Board of Commissioners of Clallam County, and the affected landowners, and shall locate a boundary encompassing all of the shoreline of Lake Ozette, including privately owned aquatic lands not within the boundary of the park on the date of enactment of this Act: Provided, That such boundary shall be located not less than two hundred feet set back from the ordinary high-water mark of Lake Ozette: Provided further, That the privately owned lands encompassed within the park by such boundary shall not exceed one thousand five hundred acres. The Secretary shall, within one hundred and eighty days after the date of enactment of this Act, and following reasonable notice in writing; to the Committees on Interior and Insular Affairs of the Senate and House of Representatives of his intention to do so, publish in the Federal Register a detailed description of the boundary located pursuant to this subsection. Upon such publication the Secretary is authorized to revise the map on file pursuant to subsection (a) of this section accordingly, and such revised map shall have the same force and effect as if included in this Act. (c) Section 5 of the said Act of June 29, 1938, is amended by deleting the second sentence, and inserting in lieu thereof: "The boundaries of Olympic National Park may be revised only by Act of Congress.". (d) Notwithstanding any other provision of law, within the boundaries of the park as revised by and pursuant to this Act, the Secretary is authorized to acquire lands, privately owned aquatic lands, and interests therein by donation, purchase with donated or appropriated funds, exchange, or transfer from any Federal agency. Property so acquired shall become part of Olympic National Park and shall be administered by the Secretary subject to the laws and regulations

90 STAT. 2739 16 USC 430q. Appropriation authorization. 16 USC 430s. Final master plan, submittal to congressional committees.

Olympic National Park, Wash., boundary revision. 16 USC 251e.

consultation. 16 USC 251f,

Notice to congressional committees; publication in Federal Register.

16 USC 255.

Land acquisition. 16 USC 251g.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1272

 90 STAT. 2740

Study and investigation.

Study results, transmittal to President and Congress.

Property retained. 16 USC 251h.

Fair market value.

"Improved property."

PUBLIC LAW 94-578—OCT. 21, 1976 applicable to such park. The Secretary is authorized and directed to exclude from the boundaries of the park such private lands and publicly owned and maintained roads within Grays Harbor County which are near and adjacent to Lake Quinault, and which do not exceed two thousand, one hundred and sixty-eight acres in total. Prior to excluding such lands from the park, the Secretary shall study and investigate current and prospective uses of the private lands, as well as the implications of their exclusion both for the lands involved and for Olympic National Park. The results of such study shall be transmitted to the President and to the Congress within two years of the enactment of this Act, and shall take effect unless disapproved by simple majority vote of the House of Representatives or the Senate of the United States of America within ninety legislative days of their submission to the Congress. Property excluded from the boundaries of the park by this Act may be exchanged for non-Federal property within the boundaries: or it may be transferred to the jurisdiction of any Federal agency or to the State of Washington or a political subdivision thereof, without monetary consideration, as the Secretary may deem appropriate. Any such Federal property transferred to the jurisdiction of the Secretary of Agriculture for national forest purposes shall upon such transfer become part of the national forest and subject to the laws and regulations pertaining thereto. Any property excluded from the park by this Act which is within the boundaries of an Indian reservation may be transferred in trust to such Indian tribe, subject, however, to the express condition that any concessioner providing/public services shall be permitted to continue to provide such services in such manner and for such period as set forth in his concession contract, that the Secretary of the Interior is authorized to pay all franchise fees collected from the concessioner under the contract to said Indian Tribe, and that in the event his contract is terminated, the United States shall purchase his possessory interest in accordance with the Act of October 9, 1965 (79 Stat. 969). The acquisition of lands by the United States in trust for an Indian tribe pursuant to this title shall not confer any hunting or jfishing rights upon such tribe which were not vested in such tribe prior to the acquisition of such lands. (e)(1) Any owner or owners of improved property within the boundaries of the park, as revised by and pursuant to this Act may, on the date of its acquisition, retain for themselves and their successors or assigns a right of use and occupancy of the property for such noncommercial residential purposes as existed on or before January 1, 1976, for twenty-five years, or, in lieu thereof, for a term ending at the death of the owner or his spouse, whichever is later. The Secretary shall pay to the owner the fair market value of the property on the date of such acquisition, less the fair market value on such date of the right retained by the owner. (2) As used in this title, the term "improved property" shall mean any single-family dwelling on which construction was begun before January 1, 1976, together with so much of the land on which the dwelling is situated (such land being in the same ownership as the dwelling) as shall be reasonably necessary for the enjoyment of the dwelling for the sole purpose of noncommercial residential use, as the Secretary shall designate. The amount of the land so designated shall in every case be not more than three acres in area: Provided, That the Secretary may exclude from the land so designated any beach or water, together with so much of the land adjoining any such beach or water, as he may deem necessary for public access thereto.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1273

 PUBLIC LAW 94-578—OCT. 21, 1976

90 STAT. 2741

(f) The Secretary is directed to acquire in fee all other privately owned lands added to the park by and pursuant to this Act, and to acquire within three years of adoption of this Act so much of such lands as can be acquired by donation, exchange, or purchase, to the extent of available funds, and to report to Congress on the third anniversary of adoption of this Act the estimated amount of appropriations which would be necessary to acquire the remainder, if any, of such lands by condemnation. The compensation for such lands shall be their fair market value on the date of their acquisition, taking into account applicable land use regulations in effect on January 1, 1976. (g) Notwithstanding the provisions of the preceding subsection, any noncorporate owner or owners, as of January 1, 1976, of property adjacent to Lake Ozette may retain title to such property: Provided, That such owner or owners consent to acquisition by the Secretary or scenic easements or other interests that allow only those improvements that the Secretary finds to be reasonably necessary for continued use and occupancy. Any such owner or owners who elects to improve his property or a portion thereof shall submit to the Secretary a plan which shall set forth the manner in which the property is to be improved and the use to which it is proposed to be put. If, upon review of such plan, the Secretary determines that it is compatible with the limitations of this subsection, he in his discretion may issue a permit to such owner and a certificate to that effect. Upon issuance of any such certificate and so long as such property is maintained and used in conformity therewith, the authority of the Secretary to acquire such property or interest therein without the consent of the owner shall be suspended. (h) In order to minimize economic dislocation in acquiring property within the park, the Secretary may acquire with the consent of the owner, lands and interests in lands outside the boundaries of the park, but within the State of Washington, and with the concurrence of the Secretary of Agriculture, he may utilize lands and interests therein within a national forest in the State of Washington hereby authorized to be transferred to the Secretary, for the purpose of exchan^ng lands and interests so acquired or transferred for property within the park. (i) Effective upon acceptance thereof by the State of Washington (1) the jurisdiction which the United States acquired over those lands excluded from the boundaries of Olympic National Park by subsection 1 (a) of this Act is hereby retroceded to the State: Provided, That the lands restored to the Quileute Indian Reservation shall be subject to the same State and Tribal jurisdiction as all other trust lands within said Reservation; and (2) there is hereby retroceded to such State concurrent legislative jurisdiction, as the Governor of the State of Washington and the Secretary shall determine, over and within all territory within the boundaries of the park as revised by this Act. (j) There is hereby authorized to be appropriated not to exceed $13,000,000 for the acquisition of lands, privately owned aquatic lands, or interests therein in accordance with the provisions of this title. No funds authorized to be appropriated pursuant to this title shall be available prior to October 1, 1977. SEC. 321. Section 403 of the Act of October 26, 1974 (88 Stat. 1447), is amended by adding the following new subsection (c): "(c) To carry out the priority repairs as determined by the study performed in accordance with subsection (a) of this section, and to complete additional detailed studies to accomplish the work so identified, there are authorized to be appropriated such sums as may be necessary, but not more than $2,733,000. No funds authorized to

Land acquisition, report to Congress.

16 USC 251i.

Property retained.

16 USC 251j.

Land acquisition. 16 USC 251k.

16 USC 251/.

Appropriation authorization. 16 USC 251m.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1274

 90 STAT. 2742

16 USC 698b.

16 USC 460ff-l.

16 USC 460ff-5. 16 USC 460ff-5 note.

PUBLIC LAW 94-578—OCT. 21, 1976 be appropriated pursuant to this subsection shall be available prior to October 1, 1977.". SEC. 322. Section 3(b) of the Act of October 11, 1974 (88 Stat. 1254; 16 U.S.C. 698(b)), is amended by deleting "detached, one-family dwelling," and inserting in lieu thereof "detached year-round onefamily dwelling which serves as the owner's permanent place of abode at the time of acquisition, and". SEC. 323. The Act of December 27, 1974 (88 Stat. 1784) entitled "An Act to provide for the establishment of the Cuyahoga Valley National Recreation Area" is amended as follows: (a) In subsection 2(a) strike out "Boundary Map, Cuyahoga Valley National Recreation Area, Ohio, numbered NRA-CUYA20,000-A, and dated December 1974," and insert in lieu thereof "Boundary Map, Cuyahoga Valley National Recreation Area, Ohio, numbered 90,000-A, and dated September 1976,". (b) In subsection 6(a) strike out "$34,500,000" and insert in lieu thereof "$41,100,000". (c) No funds authorized by this section in excess of those sums previously authorized by the Act of December 27, 1974, shall be available for expenditure before October 1, 1977. Approved October 21, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1162 (Comm. on Interior and Insular Affairs). SENATE REPORT No. 94-1158 (Comm. on Interior and Insular Affairs). CONGRESSIONAL RECORD, Vol. 122 (1976): June 8, considered and passed House. Aug. 26, considered and passed Senate, amended. Sept. 29, House concurred in certain Senate amendments and in others with amendments. Oct. 1, Senate agreed to certain House amendments and to one with an amendment; House agreed to Senate amendment.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1275

 PUBLIC LAW 94-579—OCT. 21, 1976

90 STAT. 2743

Public Law 94-579 94th Congress An Act To establish public land policy; to establish guidelines for its administration; to provide for the management, protection, development, and enhancement of the public lands; and for other purposes.

Oct. 2 1. 1976 [S. 507]

Be it enacted by the Senate and House of Representativea of the United Statesof America in Congress assembled, Federal Land TABLE OF CONTENTS TITLE I—SHORT TITLE; P O L I C I E S; DEFINITIONS Sec. 101. Short title. Sec. 102. Declaration of policy. Sec. 103. Definitions.

Policy and Management Act of 1976.

TITLE II—LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

201. 202. 203. 204. 205. 206. 207. 208. 209. 210. 211. 212. 213. 214.

Inventory and identification. Land use planning. Sales. Withdrawals. Acquisitions. Exchanges. Qualified conveyees. Conveyances. Reservation and conveyance of mineral interest Coordination with State and local governments. Omitted lands. Recreation and Public Purposes Act. National forest townsites. Unintentional Trespass Act. TITLE III—ADMINISTRATION

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. See. Sec. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305. 306. 307. 308. 309. 310. 311. 312. 313. 314. 315. 316. 317. 318.

BLM directorate and functions. Management of use, occupancy, and development. Enforcement authority. Service charges and reimbursements. Deposits and forfeitures. Working capital fund. Studies, cooperative agreements, and contributions. Contracts for surveys and resource protection. Advisory councils and public participation. Rules and regulations. Program report. Search and rescue. Sunshine in government. Recordation of mining claims and abandonment. Recordable disclaimers of interest. Correction of conveyance documents. Mineral revenues. Appropriation authorization. TITLE IV—RANGE MANAGEMENT

Sec. Sec. Sec. Sec.

401. 402. 403. 404.

Grazing fees. Grazing leases and permits. Grazing advisory boards. Management of certain horses and burros. TITLE V—RIGHTS-OF-WAY

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

501. 502. 503. 504. 505. 506. 507. 508.

Authorization to grant rights-of-way. Cost-share road authorization. Corridors. General provisions. Terms and conditions. Suspension and termination of rights-of-way. Rights-of-way for Federal agencies. Conveyance of lands.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1276

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PUBLIC LAW 94-579—OCT. 21, 1976 Sec. 509. Existing rights-of-way. Sec. 510. Effect on other laws. Sec. 511. Coordination of applications.

i>.•, '

- '

TITLE VI—DESIGNATED MANAGEMENT AREAS Sec. 601. California desert conservation area. Sec. 602. King range. Sec. 603. Bureau of land management wilderness study. TITLE VII—EFFECT ON EXISTING RIGHTS: REPEAL OF EXISTING LAWS; SEVERABILITY Sec. 701. Effect on existing rights. Sec. 702. Repeal of laws relating to homesteading and small tracts. Sec. 703. Repeal of laws related to disposals. Sec. 704. Repeal of withdrawal laws. Sec. 705, Repeal of laws relating to administration of public lands. Sec. 706. Repeal of laws relating to rights-of-way. Sec. 707. Severability.

TITLE I—SHORT TITLE, DECLARATION OF POLICY, AND DEFINITIONS SHORT TITLE

43 USC 1701 not«-

SEC. 101. This Act may be cited as the " Federal L and Policy and Management Act of 1976". DECLARATION OF POLICY

43 USC 1701.

SEC. 102. (a) The Congress declares that it is the policy of the United States that — (1) the public lands be retained in Federal ownership, unless as a result of the land use planning procedure provided for in this Act, it is determined that disposal of a particular parcel will serve the national interest; (2) the national interest will be best realized if the public lands and their resources are periodically and systematically inventoried and their present and future use is projected through a land use planning process coordinated with other Federal and State planning efforts; (3) public lands not previously designated for any specific use and all existing classifications of public lands that were effected by executive action or statute before the date of enactment of this Act be reviewed in accordance with the provisions of this Act; (4) the Congress exercise its constitutional authority to withdraw or otherwise designate or dedicate Federal lands for Specified purposes and that Congress delineate the extent to which the Executive may withdraw lands without legislative action; (5) in administering public land statutes and exercising discretionary authority granted by them, the Secretary be re/juired to establish comprehensive rules and regulations after considering the views of the general public; and to structure adjudication procedures to assure adequate t h i r d party participation, objective administrative review of initial decisions, and expeditious decisionmaking; (6) judicial review of public land adjudication decisions be provided by law; (7) goals and objectives be established by law as guidelines for public land use planning, and that management be on the basis

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1277

 PUBLIC LAW 94-579—OCT. 21, 1976 of multiple use and sustained yield unless otherwise specified by law; (8) the public lands be managed in a manner that will protect the quality of scientific, scenic, historical, ecological, environmental, air and atmospheric, water resource, and archeological values; that, where appropriate, will preserve and protect certain public lands in their natural condition; that will provide food and habitat for fish and wildlife and domestic animals; and that will provide for outdoor recreation and human occupancy and use; (9) the United States receive fair market value of the use of the public lands and their resources unless otherwise provided for by statute; (10) uniform procedures for any disposal of public land, acquisition of non-Federal land for public purposes, and the exchange of such lands be established by statute, requiring each disposal, acquisition, and exchange to be consistent with the prescribed mission of the department or agency involved, and reserving to the Congress review of disposals in excess of a specified acreage; (11) regulations and plans for the protection of public land areas of critical environmental concern be promptly developed; (12) the public lands be managed in a manner which recognizes the Nation's need for domestic sources of minerals, food, timber, and fiber from the public lands including implementation of the Mining and Minerals Policy Act of 1970 (84 Stat. 1876, 30 U.S.C. 21a) as it pertains to the public lands; and (13) the Federal Government should, on a basis equitable to both the Federal and local taxpayer, provide for payments to compensate States and local governments for burdens created as a result of the immunity of Federal lands from State and local taxation, (b) The policies of this Act shall become eflfective only as specific statutory authority for their implementation is enacted by this Act or by subsequent legislation and shall then be construed as supplemental to and not in derogation of the purposes for which public lands are administered under other provisions of law.

90 STAT. 2745

«

DEFINITIONS

SEC. 103. Without altering in any way the meaning of the following 43 USC 1702. terms as used in any other statute, whether or not such statute is referred to in, or amended by, this Act, as used in this Act— (a) The term "areas of critical environmental concern" means areas within the public lands where special management attention is required (when such areas are developed or used or where no development is required) to protect and prevent irreparable damage to important historic, cultural, or scenic values, fish and wildlife resources or other natural systems or processes, or to protect life and safety from natural hazards. (b) The term "holder" means any State or local governmental entity, individual, partnership, corporation, association, or other business entity receiving or using a right-of-way under title V of this Act. (c) The term "multiple use" means the management of the public lands and their various resource values so that they are utilized in the combination that will best meet the present and future needs of the American people; making the most judicious use of the land for some or all of these resources or related services over areas large enough to

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1278

 90 STAT. 2746

Post, p. 2776.

Post, p. 2785.

^

PUBLIC LAW 94-579—OCT. 21, 1976 provide sufficient latitude for periodic adjustments in use to conform to changing needs and conditions; the use of some land for less than all of the resources; a combination of balanced and diverse resource uses that takes into account the long-term needs of future generations for renewable and nonrenewable resources, including, but not limited to, recreation, ran^e, timber, minerals, watershed, wildlife and fish, and natural scenic, scientific and historical values; and harmonious and coordinated management of the various resources without permanent impairment of the productivity of the land and the quality of the environment with consideration being given to the relative values of the resources and not necessarily to the combination of uses that will give the greatest economic return or the greatest unit output. (d) The term "public involvement" means the opportunity for participation by affected citizens in rulemaking, decisionmaking, and planning with respect to the public lands, including public meetings or hearings held at locations near the affected lands, or advisory mechanisms, or such other procedures as may be necessary to provide public comment in a particular instance. (e) The term "public lands" means any land and interest in land owned by the United States within the several States and administered by the Secretary of the Interior through the Bureau of Land Management, without regard to how the United States acquired ownership, except— (1) lands located on the Outer Continental Shelf; and (2) lands held for the benefit of Indians, Aleuts, and Eskimos. (f) The term "right-of-way" includes an easement, lease, permit, or license to occupy, use, or traverse public lands granted for the purpose listed in title V of this Act. (g) The term "Secretary", unless specifically designated otherwise, means the Secretary of the Interior. (h) The term "sustained yield" means the achievement and maintenance in perpetuity of a high-level annual or regular periodic outjput of the various renewable resources of the public lands consistent with multiple use. (i) The term "wilderness" as used in section 603 shall have the same meaning as it does in section 2(c) of the Wilderness Act (78 Stat. 890_; 16 U.S.C. 1131-1136). (j) The term "withdrawal" means withholding an area of Federal land from settlement, sale, location, or entry, under some or all of the general land laws, for the purpose of limiting activities under those laws in order to maintain other public values m the area or reserving the area for a particular public purpose or program; or transferring jurisdiction over an area of Federal land, other than "property" governed by the Federal Property and Administrative Services Act, as amended (40 U.S.C. 472) from one department, bureau or agency to another department, bureau or agency. (k) An "allotment management plan" means a document prepared in consultation with the lessees or permittees involved, which applies to livestock operations on the public lands or on lands within National Forests in the eleven contiguous Western States and which: (1) prescribes the manner in, and extent to, which livestock operations will be conducted in order to meet the multiple-use, sustained-yield, economic and other needs and objectives as determined for the lands by the Secretary concerned; and (2) describes the type, location, ownership, and general specifications for the range improvements to be installed and maintained on the lands to meet the livestock grazing and other objectives of land management; and

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1279

 PUBLIC LAW 94-579—OCT. 21, 1976

90 STAT. 2747

(3) contains such other provisions relating to livestock grazing and other objectives found by the Secretary concerned to be consistent with the provisions of this Act and other applicable law. (1) The term "principal or major uses" includes, and is limited to, domestic livestock grazing, fish and wildlife development and utilization, mineral exploration and production, rights-of-way, outdoor recreation, and timber production. (m) The term "department" means a unit of the executive branch of the Federal Government which is headed by a member of the President's Cabinet and the term "agency" means a unit of the executive branch of the Federal Government which is not under the jurisdiction of a head of a department. (n) The term "Bureau means the Bureau of Land Management. (o) The term "eleven contiguous Western States" means the States of Arizona, California, Colorado, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming. (p) The term "grazing permit and lease" means any document authorizing use of public lands or lands in National Forests in the eleven contiguous western States for the purpose of grazing domestic livestock. TITLE II—LAND USE PLANNING; LAND ACQUISITION AND DISPOSITION INVENTORY AND IDENTIFICATION

SEC. 201. (a) The Secretary shall prepare and maintain on a con- 43 USC 1711. tinning basis an inventory of all public lands and their resource and other values (including, but not limited to, outdoor recreation and scenic values), giving priority to areas of critical environmental concern. This inventory shall be kept current so as to reflect changes in conditions and to identify new and emerging resource and other values. The preparation and maintenance of such inventory or the identification of such areas shall not, of itself, change or prevent change of the management or use of public lands. (b) As funds and manpower are made available, the Secretary shall ascertain the boundaries of the public lands; provide means of public identification thereof including, where appropriate, signs and maps; and provide State and local governments with data from the inventory for the purpose of planning and regulating the uses of nonFederal lands in proximity of such public lands. LAND USE PLANNING

SEC. 202. (a) The Secretary shall, with public involvement and 43 USC 1712. consistent with the terms and conditions of this Act, develop, maintain, and, when appropriate, revise land use plans which provide by tracts or areas for the use of the public lands. Land use plans shall be developed for the public lands regardless of whether such lands previously have been classified, withdrawn, set aside, or otherwise designated for one or more uses. (b) In the development and revision of land use plans, the Secretary of Agriculture shall coordinate land use plans for lands in the National Forest System with the land use planning and management programs of and for Indian tribes by, among other things, considering the policies of approved tribal land resource management programs.

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Page:United States Statutes at Large Volume 90 Part 2.djvu/1280

 90 STAT. 2748

16 USC 460Z-4 note

PUBLIC LAW 94-579—OCT. 21, 1976 (c) In the development and revision of land use plans, the Secretary shall— (1) use and observe the principles of multiple use and sustained yield set forth in this and other applicable law; (2) use a systematic interdisciplinary approach to achieve integrated consideration of physical, biological, economic, and other sciences; (3) give priority to the designation and protection of areas of critical environmental concern; (4^ rely, to the extent it is available, on the inventory of the public lands, their resources, and other values; (5) consider present and potential uses of the public lands; (6) consider the relative scarcity of the values involved and the availability of alternative means (including recycling) and sites for realization of those values; (7) weigh long-term benefits to the public against short-term benefits; (8) provide for compliance with applicable pollution control laws, including State and Federal air, water, noise, or other pollution standards or implementation plans; and (9) to the extent consistent with the laws governing the administration of the public lands, coordinate the land use inventory, planning, and management activities of or for such lands with the land use planning and management programs of other Federal departments and agencies and of the States and local governments within which the lands are located, including, but not limited to, the statewide outdoor recreation plans developed under the Act of September 3, 1964 (78 Stat. 897), as amended, and of or for Indian tribes by, among other things, considering the policies of approved State and tribal land resource management programs. In implementing this directive, the Secretary shall, to the extent he finds practical, keep apprised of State, local, and tribal land use plans; assure that consideration is given to those State, local, and tribal plans that are germane in the development of land use plans for public lands; assist in resolving, to the extent practical, inconsistencies between Federal and nonFederal Government plans, and shall provide for meaningful public involvement of State and local government officials, both elected and appointed, in the development of land use programs, land use regulations, and land use decisions for public lands, including early public notice of proposed decisions which may have a significant impact on non-Federal lands. Such officials in each State are authorized to furnish advice to the Secretary with respect to the development and revision of land use plans, land use guidelines, land use rules, and land use regulations for the public lands within such State and with respect to such other land use matters as may be referred to them by him. Land use plans of the Secretary under this section shall be consistent with State and local plans to the maximum extent he finds consistent with Federal law and the purposes of this Act. (d) Any classification of public lands or any land use plan in effect on the date of enactment of this Act is subject to review in the land use planning-process conducted under this section, and all public lands, regardless of classification, are subject to inclusion in any land use plan developed pursuant to this section. The Secretary may modify or terminate any such classification consistent with such land use plans. (e) The Secretary may issue management decisions to implement

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