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Page:United States Statutes at Large Volume 123.djvu/1454

 123STA T . 1 4 34 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9shal l befort he re m a ind er of the u ne xp ired term of the v a c anc y, and an individual so appointed may subse q uently be appointed for 2 full 3- year terms if the remainder of the unexpired term is less than 1 year .(C) C HAIRPE R SON . —T he A dministrator shall desi g nate a chairperson from among the members of the S ystem advisory committee. ( D ) APPOIN TM ENT.— M embers of the System advisory committee shall be appointed as special G overnment employees for purposes of section 2 0 2(a) of title 1 8, U nited States Code. ( 4 )A D MINISTRATI V E PROVISIONS.— (A) R EPORTIN G .—The System advisory committee shall report to the Administrator and the I nteragency O cean Observing Committee, as appropriate. ( B ) ADMINISTRATIVE S U PPORT.—The Administrator shall provide administrative support to the System advisory committee. (C) MEETINGS.—The System advisory committee shall meet at least once each year, and at other times at the call of the Administrator, the Interagency Ocean Observing Committee, or the chairperson. (D) COMPENSATION AND E X PENSES.—Members of the System advisory committee shall not be compensated for service on that Committee, but may be allo w ed travel expenses, including per diem in lieu of subsistence, in accordance with subchapter I of chapter 57 of title 5, United States Code. ( E ) EXPIRATION.—Section 14 of the F ederal Advisory Committee Act (5 U.S.C. App.) shall not apply to the System advisory committee. (e) CIVI LL IA B ILIT Y .—For purposes of determining liability arising from the dissemination and use of observation data gathered pursuant to this section, any non-Federal asset or regional informa- tion coordination entity incorporated into the System by contract, lease, grant, or cooperative agreement under subsection (c)(3)(D) that is participating in the System shall be considered to be part of the N ational Oceanic and Atmospheric Administration. Any employee of such a non-Federal asset or regional information coordination entity, while operating within the scope of his or her employment in carrying out the purposes of this subtitle, with respect to tort liability, is deemed to be an employee of the Federal Government. (f) LIMITATION.—Nothing in this subtitle shall be construed to invalidate existing certifications, contracts, or agreements between regional information coordination entities and other ele- ments of the System. SEC.12305 . INT E RAG ENC YF INANCING AN D AGREE M ENTS. (a) IN GENERAL.—To carry out interagency activities under this subtitle, the Secretary of Commerce may execute cooperative agreements, or any other agreements, with, and receive and expend funds made available by, any State or subdivision thereof, any Federal agency, or any public or private organi z ation, or individual. (b) RE C IPROCITY.—Member Departments and agencies of the Council shall have the authority to create, support, and maintain j oint centers, and to enter into and perform such contracts, leases, 3 3 USC 3 604.


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Page:United States Statutes at Large Volume 123.djvu/1455

 123STA T . 1 4 3 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9grants, an dco o pe rat iv e agree m ents as ma yb e necessary to carry o u tt h e purposes o f this subtit l e and fulfillment of the S ystem P lan .SEC.12306 . AP P LI CA T I ONW IT H OTHE R LAWS. N othing in this subtitle supersedes or limits the authority of any agency to carry out its responsibilities and missions under other la w s. SEC. 1230 7 . REPORT TO CON G RESS. ( a )REQUIR E M E NT . — Not later than 2 years after the date of the enactment of this A ct and every 2 years thereafter, the Adminis - trator shall prepare and the President acting through the C ouncil shall approve and transmit to the Congress a report on progress made in implementing this subtitle. (b) C O NTENT S .— T he report shall include— ( 1 ) a description of activities carried out under this subtitle and the System Plan (2) an evaluation of the effectiveness of the System, including an evaluation of progress made by the Council to achieve the goals identified under the System Plan; ( 3 ) identification of F ederal and non-Federal assets as determined by the Council that have been integrated into the System, including assets essential to the gathering of re q uired observation data variables necessary to meet the respective missions of Council agencies; ( 4 ) a review of procurements, planned or initiated, by each Council agency to enhance, e x pand, or moderni z e the observa- tion capabilities and data products provided by the System, including data management and communication subsystems; ( 5 ) an assessment regarding activities to integrate Federal and non-Federal assets, nationally and on the regional level, and discussion of the performance and effectiveness of regional information coordination entities to coordinate regional observa- tion operations; ( 6 ) a description of benefits of the program to users of data products resulting from the System (including the general public, industries, scientists, resource managers, emergency responders, policy ma k ers, and educators); ( 7 ) recommendations concerning— (A) modifications to the System; and ( B ) funding levels for the System in subsequent fiscal years; and ( 8 ) the results of a periodic external independent pro- grammatic audit of the System. SEC. 1230 8 .P UB LIC - PRI V ATE USE POLIC Y . The Council shall develop a policy within 6 months after the date of the enactment of this Act that defines processes for making decisions about the roles of the Federal G overnment, the States, regional information coordination entities, the academic community, and the private sector in providing to end-user communities environ- mental information, products, technologies, and services related to the System. The Council shall publish the policy in the Federal Register for public comment for a period not less than 6 0 days. Nothing in this section shall be construed to require changes in policy in effect on the date of enactment of this Act. Fed e ralR e gist er ,pub li c ati on.P ublic co m ment. T ime period. D eadline. 3 3 USC 3 607 . President. 33 USC 3606. 33 USC 360 5.

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


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Page:United States Statutes at Large Volume 123.djvu/1456

 123STA T . 1 4 3 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9SEC.12309 . IND E P ENDEN T C O ST ESTI MA TE. With i n1year a f ter the d ate o f ena c t m ent of thi sA ct , the I ntera g ency O cean O b ser v ation C ommittee, thro u gh the Adminis - trator and the D irector of the N ationa lS cience F oundation, shall obtain an inde p endent cost estimate for operations and maintenance ofe x isting Federal assets of the System, and planned or anticipated ac q uisition, operation, and maintenance of ne w Federal assets for the System, including operation facilities, observation equipment, modeling and software, data management and communication, and other essential components .T he independent cost estimate shall be transmitted unabridged and without revision by the Adminis- trator to Congress. SEC. 12310. INTENT O F CON GR ESS. It is the intent of Congress that funding provided to agencies of the Council to implement this subtitle shall supplement, and not replace, existing sources of funding for other programs. It is the further intent of Congress that agencies of the Council shall not enter into contracts or agreements for the development or procurement of new Federal assets for the System that are esti- mated to be in excess of $250 ,000,000 in life-cycle costs without first providing adequate notice to Congress and opportunity for review and comment. SEC. 12311. A U T H ORI Z ATION OF APPROPRIATIONS. There are authori z ed to be appropriated to the Secretary of Commerce for fiscal years 200 9 through 201 3 such sums as are necessary to fulfill the purposes of this subtitle and support activi- ties identified in the annual coordinated System budget developed by the Interagency Ocean Observation Committee and submitted to the Congress. Subti t leD—F e d e ra l Oc ea nA cidi f icati o n R e s earc h and M onitorin g Act of 20 0 9 SEC. 12 4 01. SHORT TIT L E. This subtitle may be cited as the ‘ ‘Federal Ocean Acidification R esearch And M onitoring Act of 2009 ’ ’ or the ‘‘FOARAM Act’’. SEC. 12402. PURPOSES. ( a )PURPOSE S. — The purposes of this subtitle are to provide for— (1) development and coordination of a comprehensive inter- agency plan to— (A) monitor and conduct research on the processes and consequences of ocean acidification on marine orga- nisms and ecosystems and ( B ) establish an interagency research and monitoring program on ocean acidification; (2) establishment of an ocean acidification program within the National Oceanic and Atmospheric Administration; (3) assessment and consideration of regional and national ecosystem and socioeconomic impacts of increased ocean acidifi- cation; and 3 3 USC 3 701. 33 USC 3701 note . F e d e ralOc ean A c i di f ication R e s earc h and M onitorin g Act of 2 00 9 . 33USC3 6 10. 33 USC 3609. D eadline. 33 USC 360 8.


text:
The Encyclopedia Americana (1920)/Kirchhoff, Charles William Henry

KIRCHHOFF, kėrk'hŏff, Charles William Henry, American editor and steel expert: b. San Francisco, Cal., 28 March 1853; d. Asbury Park, N. J., 22 July 1916. He attended school in the United States and Germany and was graduated from the Royal School of Mines at Clausthal, Germany, in 1874, taking the degree of mining engineer and metallurgist. During the next three years he was chemist, assayer and assistant superintendent of the Delaware Lead Mills at Philadelphia. Beginning his career in technical journalism in 1876, when he

was correspondent of English, German and Capetown, Africa, papers, he became connected with the Metallurgical Review in 1877, and a little later joined the staff of the Iron Age, leaving it for a time to be managing editor of the Engineering and Mining Journal, but returning in 1884. Four years later he became its editor-in-chief and vice-president of the David Williams Company, the publishers. Mr. Kirchhoff kept up his editorial work, in which he won distinction, until his resignation in 1909, although he had been asked by Mr. Andrew Carnegie to quit New York for Pittsburgh and the Carnegie Steel Company. From 1898-99 and 1911-12 he was president of the American Institute of Mining Engineering. He was at one time a special agent of the United States Geological Survey for the collection of statistics of the production of copper, lead and zinc. He was a member of the Iron and Steel Institute, was once president of the Germania Club and was a member of the American Society of Mechanical Engineers.


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Page:United States Statutes at Large Volume 123.djvu/1457

 123STA T . 1 4 3 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(4)res e a r ch a d a pt at ion strate g ies and techni qu es f or effec - ti v e ly conserving m arine ecosystems as they cope w ith increased ocean acidification .SEC.12403 . D E FIN I T I O NS. I n this su b title ( 1 ) OCEAN AC ID I F ICA T I O N. —T he term ‘ ‘ocean acidification ’ ’ means the decrease in p H of the E arth’s oceans and changes in ocean chemistry caused by chemical inputs from the atmosphere , including carbon dio x ide. ( 2 ) S EC R ETAR Y .—The term ‘‘Secretary’’ means the Secretary of C ommerce, acting through the A dministrator of the N ational Oceanic and Atmospheric Administration. ( 3 )S UB CO M MITTEE.—The term ‘‘Subcommittee’’ means the J oint Subcommittee on Ocean Science and Technology of the National Science and Technology Council. SEC. 12404. INTE RAG ENC Y S UB CO M MITTEE. (a) D E S I G NATION.— (1) IN GENERA L .—The Joint Subcommittee on Ocean Science and Technology of the National Science and Technology Council shall coordinate F ederal activities on ocean acidification and establish an interagency wor k ing group. (2) M EMBERS H I P .—The interagency working group on ocean acidification shall be comprised of senior representatives from the National Oceanic and Atmospheric Administration, the National Science Foundation, the National Aeronautics and Space Administration, the U nited States G eological Survey, the United States Fish and W ildlife Service, and such other Federal agencies as appropriate. (3) CHAIRMAN.—The interagency working group shall be chaired by the representative from the National Oceanic and Atmospheric Administration. (b) DUTIES.—The Subcommittee shall— (1) develop the strategic research and monitoring plan to guide Federal research on ocean acidification required under section 124 05 of this subtitle and oversee the implementation of the plan (2) oversee the development of— (A) an assessment of the potential impacts of ocean acidification on marine organisms and marine ecosystems; and ( B ) adaptation and mitigation strategies to conserve marine organisms and ecosystems exposed to ocean acidifi- cation; (3) facilitate communication and outreach opportunities with nongovernmental organi z ations and members of the stake- holder community with interests in marine resources; (4) coordinate the United States Federal research and moni- toring program with research and monitoring programs and scientists from other nations; and (5) establish or designate an Ocean Acidification Informa- tion Exchange to make information on ocean acidification devel- oped through or utilized by the interagency ocean acidification program accessible through electronic means, including information which would be useful to policymakers, researchers, and other stakeholders in mitigating or adapting to the impacts of ocean acidification. 3 3 USC 3 70 3 . 33 USC 370 2.


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Page:United States Statutes at Large Volume 123.djvu/1458

 123STA T . 1 4 3 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(c)REPORTS TO C O NG RESS .— ( 1 ) I N I TI AL REPORT.— Notla t er t h a n 1 y ear a f ter the d ate of enact m ent of th isA ct , the Sub committee shall transmit are p ort to the Committee on Commerce, Science, and T ranspor - tation of the Senate and the Committee on Science and Tech- nolo g y and the Committee on Natural Resources of the H ouse of Representati v es that— (A) includes a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities and ( B ) describes the progress in developing the plan re q uired under section 1 2405 of this subtitle. (2) BIENNIAL REPORT.—Not later than 2 years after the delivery of the initial report under paragraph (1) and every 2 years thereafter, the Subcommittee shall transmit a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Rep- resentatives that includes— (A) a summary of federally funded ocean acidification research and monitoring activities, including the budget for each of these activities; and (B) an analysis of the progress made to w ard achieving the goals and priorities for the interagency research plan developed by the Subcommittee under section 12405. ( 3 ) STRATEGI C RESEARC H PLAN.—Not later than 2 years after the date of enactment of this Act, the Subcommittee shall transmit the strategic research plan developed under section 12405 to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Science and Technology and the Committee on Natural Resources of the House of Representatives. A revised plan shall be submitted at least once every 5 years thereafter. SEC.12405 .S TRA TE GI C RESEARC HPL A N . (a) IN G ENERAL.—Not later than 2 years after the date of enactment of this Act, the Subcommittee shall develop a strategic plan for F ederal research and monitoring on ocean acidification that will provide for an assessment of the impacts of ocean acidifica- tion on marine organisms and marine ecosystems and the develop- ment of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. In developing the plan, the Subcommittee shall consider and use information, reports, and studies of ocean acidification that have identified research and monitoring needed to better understand ocean acidification and its potential impacts, and recommendations made by the National Academy of Sciences in the review of the plan required under subsection (d). (b) CONTENTS O F THE P LAN.—The plan shall— (1) provide for interdisciplinary research among the ocean sciences, and coordinated research and activities to improve the understanding of ocean chemistry that will affect marine ecosystems; (2) establish, for the 10-year period beginning in the year the plan is submitted, the goals and priorities for Federal research and monitoring which will— Deadlin e .3 3 USC 3 704.


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Page:United States Statutes at Large Volume 123.djvu/1459

 123STA T . 1 4 3 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 (A)adv a nceu nde rst and i n gof ocean acidification and its phy sica l, che m ical, and b iological impacts on marine organisms and marine ecosystems ( B ) improve the ability to assess the socioeconomic impacts of ocean acidification; and ( C ) provide information for the development of adapta - tion and mitigation strategies to conserve marine orga- nisms and marine ecosystems; ( 3 ) describe specific activities, including — (A) efforts to determine user needs; (B) research activities; (C) monitoring activities; ( D ) technology and methods development; ( E ) data collection; ( F ) database development; ( G ) modeling activities; ( H ) assessment of ocean acidification impacts; and ( I ) participation in international research efforts; ( 4 ) identify relevant programs and activities of the Federal agencies that contribute to the interagency program directly and indirectly and set forth the role of each Federal agency in implementing the plan; ( 5 ) consider and utili z e, as appropriate, reports and studies conducted by Federal agencies, the N ational R esearch Council, or other entities; ( 6 )ma k e recommendations for the coordination of the ocean acidification research and monitoring activities of the U nited S tates w ith such activities of other nations and international organizations; ( 7 ) outline budget re q uirements for Federal ocean acidifica- tion research and monitoring and assessment activities to be conducted by each agency under the plan; ( 8 ) identify the monitoring systems and sampling programs currently employed in collecting data relevant to ocean acidifica- tion and prioritize additional monitoring systems that may be needed to ensure adequate data collection and monitoring of ocean acidification and its impacts; and ( 9 ) describe specific activities designed to facilitate outreach and data and information e x change with stakeholder commu- nities . (c) PROG R AM E LE ME NTS .— T he plan shall include at a minimum the following program elements ( 1 ) M onitoring of ocean chemistry and biological impacts associated with ocean acidification at selected coastal and open- ocean monitoring stations, including satellite-based monitoring to characterize— (A) marine ecosystems; (B) changes in marine productivity; and (C) changes in surface ocean chemistry. ( 2 ) Research to understand the species specific physiological responses of marine organisms to ocean acidification, impacts on marine food webs of ocean acidification, and to develop environmental and ecological indices that track marine eco- system responses to ocean acidification. (3) Modeling to predict changes in the ocean carbon cycle as a function of carbon dioxide and atmosphere-induced changes in temperature, ocean circulation, biogeochemistry, ecosystem


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Page:United States Statutes at Large Volume 123.djvu/1460

 123STA T . 1 4 4 0PUBLIC LA W 111 – 11 —M A R .30, 200 9andter re s tr i a l in pu t , and mo delin g to determine impa c ts on marine ecos y stems and indi v idual marine organisms .(4)T ec h nology development and standardi z ation o f car -b onate chemistry measurements on moorings and autonomous floats. ( 5 ) A ssessment of socioeconomic impacts of ocean acidifica- tion and development of adaptation and mitigation strategies to conserve marine organisms and marine ecosystems. (d) NATION A L A C A DEMY O FS CIENCE SEV AL U ATION. — The Sec- retary shall enter into an agreement w ith the National Academy of Sciences to review the plan. (e) P U B LIC PA R TICI P ATION.— I n developing the plan, the Sub- committee shall consult with representatives of academic, State, industry and environmental groups. Not later than 90 days before the plan, or any revision thereof, is submitted to the C ongress, the plan shall be published in the F ederal R egister for a public comment period of not less than 6 0 days. SEC.12406 . NOA A OCEAN AC ID I F ICA T ION ACTI V ITIES. (a) IN G ENERAL.—The Secretary shall establish and maintain an ocean acidification program within the National O ceanic and Atmospheric Administration to conduct research, monitoring, and other activities consistent with the strategic research and implementation plan developed by the Subcommittee under section 12 405 that— (1) includes— (A) interdisciplinary research among the ocean and atmospheric sciences, and coordinated research and activi- ties to improve understanding of ocean acidification ( B ) the establishment of a long-term monitoring pro- gram of ocean acidification utilizing e x isting global and national ocean observing assets, and adding instrumenta- tion and sampling stations as appropriate to the aims of the research program; (C) research to identify and develop adaptation strate- gies and techni q ues for effectively conserving marine eco- systems as they cope with increased ocean acidification; ( D ) as an integral part of the research programs described in this subtitle, educational opportunities that encourage an interdisciplinary and international approach to exploring the impacts of ocean acidification; (E) as an integral part of the research programs described in this subtitle, national public outreach activities to improve the understanding of current scientific k nowl- edge of ocean acidification and its impacts on marine resources; and (F) coordination of ocean acidification monitoring and impacts research with other appropriate international ocean science bodies such as the International Oceano- graphic Commission, the International Council for the Exploration of the Sea, the North Pacific M arine Science Organization, and others; (2) provides grants for critical research pro j ects that explore the effects of ocean acidification on ecosystems and the socio- economic impacts of increased ocean acidification that are rel- evant to the goals and priorities of the strategic research plan; and 3 3 USC 3 705.Deadlin e. F ede r al R e g i st er ,pub li c ati o n. Contracts.


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Page:United States Statutes at Large Volume 123.djvu/1461

 123STA T . 1 4 41 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(3)incorp or ates aco m petiti v e merit -b ase d process f or a w ardin g grants t h at ma y be cond u cted j oint l y with other participating agencies or under the N ational O ceanographic P artnership Program under section 7901 of title 10 ,U nited S tates C ode . (b) AD D IT I ONAL A U T H O R IT Y . —I n conducting the Program, the Secretary may enter into and perform such contracts, leases, grants, or cooperative agreements as may be necessary to carry out the purposes of this subtitle on such terms as the Secretary considers appropriate. SEC.12407 . N S FO CE A NAC ID IFICA T ION ACTI V ITIES. (a) RES EAR C H ACTI V ITIES.— T he D irector of the National Science F oundation shall continue to carry out research activities on ocean acidification which shall support competitive, merit-based, peer- reviewed proposals for research and monitoring of ocean acidifica- tion and its impacts, including— (1) impacts on marine organisms and marine ecosystems ( 2 ) impacts on ocean, coastal, and estuarine biogeo- chemistry; and (3) the development of methodologies and technologies to evaluate ocean acidification and its impacts. (b) CONSISTENCY.—The research activities shall be consistent with the strategic research plan developed by the Subcommittee under section 12 4 0 5 . (c) COORDINATION.—The Director shall encourage coordination of the Foundation ’ s ocean acidification activities with such activities of other nations and international organi z ations. SEC. 1240 8 . NASA OCEAN ACIDIFICATION ACTIVITIES. (a) OCEAN ACIDI F ICATION ACTIVITIES.—The Administrator of the National Aeronautics and Space Administration, in coordination with other relevant agencies, shall ensure that space-based moni- toring assets are used in as productive a manner as possible for monitoring of ocean acidification and its impacts. (b) PRO G RA M CONSISTENCY.—The Administrator shall ensure that the Agency’s research and monitoring activities on ocean acidification are carried out in a manner consistent with the stra- tegic research plan developed by the Subcommittee under section 12405. (c) COORDINATION.—The Administrator shall encourage coordination of the Agency’s ocean acidification activities with such activities of other nations and international organizations. SEC. 1240 9 .A U T H O R I Z ATION OF A P PROPRIATIONS. (a) NOAA.—There are authorized to be appropriated to the National Oceanic and Atmospheric Administration to carry out the purposes of this subtitle— (1) $8 ,000,000 for fiscal year 2009; (2) $12,000,000 for fiscal year 2010; (3) $15,000,000 for fiscal year 2011; and (4) $20,000,000 for fiscal year 2012. (b) NSF.—There are authorized to be appropriated to the National Science Foundation to carry out the purposes of this subtitle— (1) $ 6 ,000,000 for fiscal year 2009; (2) $8,000,000 for fiscal year 2010; (3) $12,000,000 for fiscal year 2011; and 3 3 USC 3 708. 33 USC 3707. 33 USC 370 6.


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Page:United States Statutes at Large Volume 123.djvu/1462

 123STA T . 1 4 42 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(4)$15,0 00,000 for f iscalye ar 2 012 .Subti t leE—Coas tal a nd Estua r ine L and Conser v ation P ro g ra mSEC.1250 1.S HORT T I T L E. Th is A c tm ay b e cite d as the ‘ ‘ C oastal a n d E st u arine L and Conser v ation P ro g ram Act ’ ’. SEC. 12502. AU THORI Z ATIO N O F COASTAL AN D ESTUARINE LAND CON - SER V ATION P RO G RA M . The Coastal Z one M anagement Act of 1 97 2(1 6U . S .C. 1451 et se q .) is amended by inserting after section 3 07 the follo w ing new section ‘‘ AUTHORIZ ATIO N O F TH EC OA S TA L AN D ESTUARINE LAND CONSER V ATION P RO G RA M ‘‘SEC. 307A. (a) I N G ENERAL. — The Secretary may conduct a Coastal and Estuarine Land Conservation Program, in coo p eration with appropriate State, regional, and other units of government, for the purposes of protecting important coastal and estuarine areas that have significant conservation, recreation, ecological, historical, or aesthetic values, or that are threatened by conversion from their natural, undeveloped, or recreational state to other uses or could be managed or restored to effectively conserve, enhance, or restore ecological function. The program shall be administered by the N ational O cean Service of the National Oceanic and Atmospheric Administration through the Office of Ocean and Coastal R esource Management. ‘‘(b) PROPERT Y AC Q UISITION GRANTS.—The Secretary shall ma k e grants under the program to coastal states with approved coastal z one management plans or National Estuarine Research Reserve units for the purpose of acquiring property or interests in property described in subsection (a) that will further the goals of— ‘‘(1) a Coastal Zone Management Plan or Program approved under this title ‘‘(2) a National Estuarine Research Reserve management plan; ‘‘(3) a regional or State watershed protection or manage - ment plan involving coastal states with approved coastal zone management programs; or ‘‘(4) a State coastal land acquisition plan that is consistent with an approved coastal zone management program. ‘‘(c) GRANT PROCESS.—The Secretary shall allocate funds to coastal states or National Estuarine Research Reserves under this section through a competitive grant process in accordance with guidelines that meet the following requirements: ‘‘(1) The Secretary shall consult with the coastal state’s coastal zone management program, any National Estuarine Research Reserve in that State, and the lead agency designated by the Governor for coordinating the implementation of this section (if different from the coastal zone management pro- gram). ‘‘(2) Each participating coastal state, after consultation with local governmental entities and other interested stakeholders, Guidel i n e s.16USC 1 45 6 – 1. 16 USC 1451 n ot e. Co a stal and E stua r ine L and Conser v ation P ro g ra mAc t.


text: Dictionary of National Biography, 1885-1900/Montgomery, James William


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Page:United States Statutes at Large Volume 123.djvu/1463

 123STA T . 1 4 43 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9shal l ident i fypr i o rity c onser v ation needs w ithin the S tate , the val u es to b e protected by inclusion of lands in the pro g ra m , and the threats to those values that should be avoided .‘ ‘ (3)E ach participating coastal state shall to the e x tent practicable ensure that the ac q uisition of property or easements shall complement wor k ing waterfront needs. ‘‘( 4 ) T he applicant shall identify the values to be protected by inclusion of the lands in the program, management activities that are planned and the manner in which they may affect the values identified, and any other information from the land - owner relevant to administration and management of the land. ‘‘( 5 ) A wards shall be based on demonstrated need for protec- tion and ability to successfully leverage funds among partici- pating entities, including F ederal programs, regional organi z a- tions, State and other governmental units, landowners, corpora- tions, or private organizations. ‘‘( 6 ) The governor, or the lead agency designated by the governor for coordinating the implementation of this section, where appropriate in consultation with the appropriate local government, shall determine that the application is consistent with the State ’ s or territory’s approved coastal zone plan, pro- gram, and policies prior to submittal to the Secretary. ‘‘( 7 )(A) P riority shall be given to lands described in sub- section (a) that can be effectively managed and protected and that have significant ecological value. ‘‘( B ) O f the pro j ects that meet the standard in subparagraph (A), priority shall be given to lands that — ‘‘(i) are under an imminent threat of conversion to a use that will degrade or otherwise diminish their natural, undeveloped, or recreational state and ‘‘(ii) serve to mitigate the adverse impacts caused by coastal population growth in the coastal environment. ‘‘( 8 ) I n developing guidelines under this section, the Sec- retary shall consult with coastal states, other Federal agencies, and other interested stakeholders with expertise in land acquisition and conservation procedures. ‘‘( 9 ) Eligible coastal states or N ational Estuarine R esearch Reserves may allocate grants to local governments or agencies eligible for assistance under section 3 0 6A(e). ‘‘( 1 0) The Secretary shall develop performance measures that the Secretary shall use to evaluate and report on the program’s effectiveness in accomplishing its purposes, and shall submit such evaluations to C ongress triennially. ‘‘(d) LIM I TA TI ONS AN D P R I V AT E PRO P ERT Y PROTE C TIONS.— ‘‘(1) A grant awarded under this section may be used to purchase land or an interest in land, including an easement, only from a willing seller. Any such purchase shall not be the result of a forced taking under this section. Nothing in this section requires a private property owner to participate in the program under this section. ‘‘( 2 ) Any interest in land, including any easement, acquired with a grant under this section shall not be considered to create any new liability, or have any effect on liability under any other law, of any private property owner with respect to any person injured on the private property. ‘‘(3) Nothing in this section requires a private property owner to provide access (including Federal, State, or local Perfo r manc e mea su res .Ev a l ua ti ons. D ea d line.


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 123STA T . 1 4 44 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9governm en tac ce s s ) to or u seo fp r i vate propert y un l ess suc h property or an interest in such property ( inclu d ing a conserva - tion easement) has b een purchased w ith funds made available under this section .‘ ‘(e) RECOGNIT ION O FAU T H O R IT Y TO C ONTRO LLA N DUS E. —N othing in this title modifies the authority of F ederal ,S tate, or local governments to regulate land use. ‘‘(f) M ATCHING RE Q UIRE M ENTS.— ‘‘( 1 ) I N GENERAL.— T he Secretary may not ma k e a grant under the program unless the Federal funds are matched by non-Federal funds in accordance with this subsection. ‘‘( 2 ) COST SHARE REQUIREMENT.— ‘‘(A) IN GENERAL.— G rant funds under the program shall re q uirea1 0 0 percent match from other non-Federal sources. ‘‘( B ) W AI V ER OF REQUIREMENT.—The Secretary may grant a waiver of subparagraph (A) for underserved communities, communities that have an inability to draw on other sources of funding because of the small population or low income of the community, or for other reasons the Secretary deems appropriate and consistent with the pur- poses of the program. ‘‘( 3 ) O THER FEDERAL FUNDS.—Where financial assistance awarded under this section represents only a portion of the total cost of a pro j ect, funding from other Federal sources may be applied to the cost of the project. E ach portion shall be subject to match requirements under the applicable provision of law. ‘‘( 4 ) SOURCE OF MATCHING COST SHARE.—For purposes of paragraph (2)(A), the non-Federal cost share for a project may be determined by taking into account the following ‘‘(A) The value of land or a conservation easement may be used by a project applicant as non-Federal match, if the Secretary determines that— ‘‘(i) the land meets the criteria set forth in section 2(b) and is acquired in the period beginning 3 years before the date of the submission of the grant applica- tion and ending 3 years after the date of the award of the grant ‘‘(ii) the value of the land or easement is held by a non-governmental organi z ation included in the grant application in perpetuity for conservation pur- poses of the program; and ‘‘(iii) the land or easement is connected either phys- ically or through a conservation planning process to the land or easement that would be acquired. ‘‘(B) The appraised value of the land or conservation easement at the time of the grant closing will be considered and applied as the non-Federal cost share. ‘‘(C) Costs associated with land acquisition, land management planning, remediation, restoration, and enhancement may be used as non- Federal match if the activities are identified in the plan and e x penses are incurred within the period of the grant award, or, for lands described in (A), within the same time limits described therein. These costs may include either cash or in-kind contributions. Timep e r i od.D e t ermi na tion.


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 123STA T . 1 4 4 5PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (g)RES E RVATION O FFU N D S FOR N ATIONA LE STUARINE RESEAR CH RESERVE S ITES .— N oles s than15p e rc ent o f f u n d s m ade a v a i la b le under this section shall be available for ac q uisitions bene - fitting National Estuarine Research Reserves. ‘‘(h) L I M IT ON A DMINISTRATIVE C OSTS.—No more than 5 percent of the funds made available to the Secretar y under this section shall be used by the Secretary for planning or administration of the program. T he Secretary shall provide a report to Congress w ith an account of all e x penditures under this section for fiscal year 20 0 9 and triennially thereafter. ‘‘(i) TITLE AND M ANA G EMENT OF AC Q UIRED P RO P ERT Y .— I f any property is acquired in whole or in part with funds made available through a grant under this section , the grant recipient shall pro- vide— ‘‘(1) such assurances as the Secretary may require that— ‘‘(A) the title to the property will be held by the grant recipient or another appropriate public agency designated by the recipient in perpetuity ‘‘( B ) the property will be managed in a manner that is consistent with the purposes for which the land entered into the program and shall not convert such property to other uses; and ‘‘(C) if the property or interest in land is sold, exchanged, or divested, funds equal to the current value will be returned to the Secretary in accordance with applicable Federal law for redistribution in the grant process; and ‘‘(2) certification that the property (including any interest in land) will be acquired from a willing seller. ‘‘( j ) REQUIREMENT FOR PROPERTY U SED FOR NON-FEDERAL MATCH.—If the grant recipient elects to use any land or interest in land held by a non-governmental organi z ation as a non-Federal match under subsection (g), the grant recipient must to the Sec- retary ’ s satisfaction demonstrate in the grant application that such land or interest will satisfy the same requirements as the lands or interests in lands acquired under the program. ‘‘( k ) D EFINITIONS.—In this section ‘‘(1) CONSERVATION EASEMENT.—The term ‘conservation easement’ includes an easement or restriction, recorded deed, or a reserve interest deed where the grantee acquires all rights, title, and interest in a property, that do not conflict with the goals of this section except those rights, title, and interests that may run with the land that are expressly reserved by a grantor and are agreed to at the time of purchase. ‘‘(2) INTEREST IN PROPERTY.—The term ‘interest in property’ includes a conservation easement. ‘‘(l) AUTHORI Z ATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary to carry out this section $6 0,000,000 for each of fiscal years 2009 through 201 3 .’’. Certif i ca ti on.R e p ort s . D ea dl ine.


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 123STA T . 1 4 4 6PUBLIC LA W 111 – 11 —M A R .3 0, 200 9TI T LEX III —M I SC ELL AN E OU S SEC.130 01. MAN A G EMEN T AN D D I ST R I BU TI O NO F NORT H DA K OTA TRUST FUNDS. (a)NORTHDAK OTA T R US T F U ND S .— T heActof Fe bru ar y2 2 ,18 8 9 (2 5S tat. 67 6, cha p ter 18 0 ), is a m e nd ed by addin g at the end the fo l lo w ing

‘SEC. 26 . NORTH DAKOTA TRUST FUNDS. ‘ ‘(a) D I S P OSITION.—Notwithstanding section 11, the State of North Da k ota shall, with respect to any trust fund in which proceeds from the sale of public land are deposited under this Act (referred to in this section as the ‘trust fund ’ )— ‘‘(1) deposit all re v enues earned by a trust fund into the trust fund ‘‘(2) deduct the costs of administering a trust fund from each trust fund; and ‘‘( 3 ) manage each trust fund to— ‘‘(A) preserve the purchasing power of the trust fund; and ‘‘( B ) maintain stable distributions to trust fund bene - ficiaries. ‘‘(b) DISTRI B UTIONS.—Notwithstanding section 11, any distribu- tions from trust funds in the State of North Dakota shall be made in accordance with section 2 of article IX of the C onstitution of the State of North Dakota. ‘‘(c) M ANA GEM ENT O FP RO C EEDS.—Notwithstanding section 13, the State of North Dakota shall manage the proceeds referred to in that section in accordance with subsections (a) and (b). ‘‘(d) MANAGEMENT OF L AND AND PROCEEDS.—Notwithstanding sections 1 4 and 16, the State of North Dakota shall manage the land granted under that section, including any proceeds from the land, and make distributions in accordance with subsections (a) and (b).’’. (b) MANAGEMENT AND DISTRIBUTION OF MORRI L L ACT G RANTS.—The Act of J uly 2, 1862 (commonly known as the ‘‘First Morrill Act’’) (7 U .S.C. 301 et se q .), is amended by adding at the end the following: ‘‘SEC. 9 . L AND GRANTS IN THE STATE OF NORTH DAKOTA. ‘‘(a) EX PENSES.—Notwithstanding section 3, the State of North Dakota shall manage the land granted to the State under the first section, including any proceeds from the land, in accordance with this section. ‘‘(b) DISPOSITION OF PROCEEDS.—Notwithstanding section 4, the State of North Dakota shall, with respect to any trust fund in which proceeds from the sale of land under this Act are deposited (referred to in this section as the ‘trust fund’)— ‘‘(1) deposit all revenues earned by a trust fund into the trust fund; ‘‘(2) deduct the costs of administering a trust fund from each trust fund; and ‘‘(3) manage each trust fund to— ‘‘(A) preserve the purchasing power of the trust fund; and ‘‘(B) maintain stable distributions to trust fund bene- ficiaries. 7USC309.


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 123STA T . 1 4 4 7PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (c)DISTR I BU TI ON S .—Notwi t hs t and in g s e ction 4, an y dist r i bu- tions f ro m trust funds in the S tate of North Da k ota sha l l be made in accordance with section 2 of article IX of the C onstitution of the State of North Dakota. ‘‘(d) MA NA GEM ENT.—Notwithstanding section 5, the State of North Dakota shall manage the land granted under the first section, including any p roceeds from the land, in accordance with this section. ’ ’. (c) CONSENT O F CONGRESS.— E ffecti v e J uly 1 ,2 0 0 9, Congress consents to the amendments to the Constitution of North Dakota proposed by H ouse Concurrent R esolution No. 3 03 7 of the 59th L egislature of the State of North Dakota entitled ‘‘ A concurrent resolution for the amendment of sections 1 and 2 of article IX of the Constitution of North Dakota, relating to distributions from and the management of the common schools trust fund and the trust funds of other educational or charitable institutions and to provide a contingent effective date’’ and approved by the voters of the State of North Dakota on November 7, 200 6 . SEC.130 0 2 . AM E ND MEN T ST O T H E FI SHE R IES RESTORATION AND IRRI G ATION MITIGATION ACT OF 2000. (a) P RIORIT Y PRO J E C TS.—Section 3(c)(3) of the F isheries Res- toration and Irrigation Mitigation Act of 2000 (16 U .S.C. 777 note; Public Law 106 – 502) is amended by striking ‘‘ $ 5,000,000’’ and inserting ‘‘$2,500,000’’. (b) COST S H ARING.—Section 7(c) of Fisheries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended— (1) by striking ‘‘ T he value’’ and inserting the following ‘‘(1) IN GENERA L .—The value’’; and (2) by adding at the end the following: ‘‘(2) B ONNE V ILLE P O W ERA D MINISTRATION.— ‘‘(A) IN GENERAL.—The Secretary may, without further appropriation and without fiscal year limitation, accept any amounts provided to the Secretary by the Adminis- trator of the Bonneville Power Administration. ‘‘(B) NON-FEDERAL SHARE.—Any amounts provided by the Bonneville Power Administration directly or through a grant to another entity for a pro j ect carried under the Program shall be credited toward the non-Federal share of the costs of the project.’’. (c) REPORT.—Section 9 of the Fisheries Restoration and Irriga- tion Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106– 502) is amended— (1) by inserting ‘‘any’’ before ‘‘amounts are made’’; and (2) by inserting after ‘‘Secretary shall’’ the following: ‘‘, after partnering with local governmental entities and the States in the Pacific O cean drainage area,’’. (d) AUTHORI Z ATION OF APPROPRIATIONS.—Section 10 of the Fish- eries Restoration and Irrigation Mitigation Act of 2000 (16 U.S.C. 777 note; Public Law 106–502) is amended— (1) in subsection (a), by striking ‘‘2001 through 2005’’ and inserting ‘‘2009 through 2015’’; and (2) in subsection (b), by striking paragraph (2) and inserting the following: ‘‘(2) ADMINISTRATIVE E X PENSES.— Ef f ectiv e da te .


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 123STA T . 1 4 4 8PUBLIC LA W 111 – 11 —M A R .3 0, 200 9‘ ‘ (A)DEFIN I T I O NOF ADM INI S T R ATI V EE XP ENSE .—Inthispar a g raph , th e ter m ‘a d ministrati v ee x pense ’ means, ex c ept as pr o vided in s ub paragraph ( B )(iii)(II), an y expenditure re l ating to— ‘‘(i) sta f fing and overhead, such as the rental of office space and the ac q uisition of office equipment and ‘‘(ii) the revie w , processing, and provision of applications for funding under the P rogram. ‘‘(B) L IMITATION.— ‘‘(i) IN G ENERA L .— N ot more than 6 percent of amounts made available to carry out this Act for each fiscal year may be used for F ederal and S tate adminis - trative expenses of carrying out this Act. ‘‘(ii) FEDERAL AND STATE S H ARES.— T o the max- imum extent practicable, of the amounts made avail- able for administrative expenses under clause (i)— ‘‘(I) 50 percent shall be provided to the State agencies provided assistance under the Program; and ‘‘(II) an amount equal to the cost of 1 full- time equivalent Federal employee, as determined by the Secretary, shall be provided to the Federal agency carrying out the Program. ‘‘(iii) STATE EXPENSES.—Amounts made available to States for administrative expenses under clause (i)— ‘‘(I) shall be divided evenly among all States provided assistance under the Program; and ‘‘(II) may be used by a State to provide tech- nical assistance relating to the program, including any staffing expenditures (including staff travel expenses) associated with— ‘‘(aa) arranging meetings to promote the Program to potential applicants; ‘‘(bb) assisting applicants with the preparation of applications for funding under the Program; and ‘‘(cc) visiting construction sites to provide technical assistance, if requested by the applicant.’’. SEC.130 03. AM E ND MEN T ST O T H EA L AS K A NAT UR AL G AS PI PELINE ACT. Section 10 7 (a) of the Alas k a Natural G as Pipeline Act (15 U .S. C .7 2 0e(a)) is amended by striking paragraph ( 3 ) and inserting the following ‘‘(3) the validity of any determination, permit, approval, authori z ation, review, or other related action taken under any provision of law relating to a gas transportation pro j ect con- structed and operated in accordance with section 103, including— ‘‘(A) subchapter II of chapter 5, and chapter 7, of title 5, United States Code (commonly known as the ‘Administrative Procedure Act’); ‘‘(B) the E ndangered Species Act of 1 9 73 (16 U.S.C. 1531 et seq.);


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 123STA T . 1 4 4 9PUBLIC LA W 111 – 11 —M A R .3 0, 2009 ‘ ‘ (C)theNa t ion a lE n v i r on m ental P oli cyA cto f196 9 ( 42U.S .C. 4 3 21 et s e q .) ‘‘( D ) the National H istoric Preservation Act (16 U.S.C. 4 70 et seq.); an d ‘‘(E) the Alas k a National I nterest L ands Conservation Act (16 U.S.C. 3101 et seq.). ’ ’. SEC.130 0 4 . AD D IT I ON A L ASSISTANT SEC R ETAR YF OR DE P ART M ENT OF ENER G Y. (a) I NGE NE RAL . — Section 203(a) of the De p artment of Ener g y O rgani z ation Act (42 U.S.C. 7133(a)) is amended in the first sen - tence b y striking ‘‘7 Assistant Secretaries’’ and inserting ‘‘ 8 Assist- ant Secretaries’’. (b) C O N F OR MI N G AMEN D MEN T .—Section 5 315 of title 5 , United States Code, is amended by striking ‘‘Assistant Secretaries of Energy (7)’’ and inserting ‘‘Assistant Secretaries of Energy (8)’’. SEC. 1300 5 .LO V ELACE RESPIRATORY RESEARC H INSTIT U TE. (a) DEFINITION S .—In this section (1) INSTIT U TE.— T he term ‘‘Instit u te’’ means the Lovelace R espiratory Research Institute, a nonprofit organization char- tered under the la w s of the State of New M e x ico. (2) MA P .—The term ‘‘map’’ means the map entitled ‘‘Lovelace Respiratory Research Institute Land Conveyance’’ and dated March 18, 2008. (3) SE C RETAR Y CONCERNED.—The term ‘‘Secretary con- cerned’’ means— (A) the Secretary of Energy, with respect to matters concerning the Department of Energy; ( B ) the Secretary of the Interior, with respect to mat- ters concerning the Department of the Interior; and (C) the Secretary of the Air F orce, with respect to matters concerning the Department of the Air Force. (4) SECRETARY OF ENERGY.—The term ‘‘Secretary of Energy’’ means the Secretary of Energy, acting through the Adminis- trator for the National Nuclear Security Administration. (b) CON V EYANCE OF LAND.— (1) IN GENERAL.—Notwithstanding section 120(h) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9620(h)) and sub j ect to valid existing rights and this section, the Secretary of Energy, in consultation with the Secretary of the Interior and the Sec- retary of the Air Force, may convey to the Institute, on behalf of the United States, all right, title, and interest of the United States in and to the parcel of land described in paragraph (2) for research, scientific, or educational use. (2) DESCRIPTION OF LAND.—The parcel of land referred to in paragraph (1)— (A) is the approximately 135 acres of land identified as ‘‘Parcel A’’ on the map; (B) includes any improvements to the land described in subparagraph (A); and (C) excludes any portion of the utility system and infrastructure reserved by the Secretary of the Air Force under paragraph (4). (3) OT H ER FEDERAL AGENCIES.—The Secretary of the Interior and the Secretary of the Air Force shall complete NewM e xico.


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 123STA T . 1 450PUBLIC LA W 111 – 11 —M A R .30, 200 9anyre a lp r o per t ya c t i on s, incl ud in g t h ere v ocation o f any F ed - eral w ithdrawals of the parcel conveyed under paragraph (1) and the parcel descri b ed in subsection (c)(1), that are necessary to allow the S ecretary of E nergy to — ( A ) convey the parcel under paragraph (1) or ( B ) transfer ad m inistrative j urisdiction under sub- section (c) . ( 4 ) RES E RVATION O FU TI L IT Y INFRASTRU C TURE AN D ACCESS.— T he Secretary of the Air Force may retain ownership and control of— (A) any portions of the utility system and infrastruc- ture located on the parcel conveyed under paragraph (1); and (B) any rights of access determined to be necessary by the Secretary of the Air Force to operate and maintain the utilities on the parcel. ( 5 ) RESTRICTIONS ON USE.— (A) AUT H ORI Z ED USES.—The I nstitute shall allow only research, scientific, or educational uses of the parcel con- veyed under paragraph (1). (B) REVERSION.— (i) IN G ENERAL.—If, at any time, the Secretary of Energy, in consultation with the Secretary of the Air Force, determines, in accordance with clause (ii), that the parcel conveyed under paragraph (1) is not being used for a purpose described in subparagraph (A)— (I) all right, title, and interest in and to the entire parcel, or any portion of the parcel not being used for the purposes, shall revert, at the option of the Secretary, to the U nited States; and (II) the United States shall have the right of immediate entry onto the parcel. (ii) RE Q UIRE M ENTS FOR DETERMINATION.—Any determination of the Secretary under clause (i) shall be made on the record and after an opportunity for a hearing. ( 6 ) C OSTS.— (A) IN GENERAL.—The Secretary of Energy shall re q uire the Institute to pay, or reimburse the Secretary concerned, for any costs incurred by the Secretary concerned in car- rying out the conveyance under paragraph (1), including any survey costs related to the conveyance. (B) REFUND.—If the Secretary concerned collects amounts under subparagraph (A) from the Institute before the Secretary concerned incurs the actual costs, and the amount collected e x ceeds the actual costs incurred by the Secretary concerned to carry out the conveyance, the Sec- retary concerned shall refund to the Institute an amount equal to difference between— (i) the amount collected by the Secretary con- cerned; and (ii) the actual costs incurred by the Secretary con- cerned. (C) D E P OSIT IN FUND.— (i) IN GENERAL.—Amounts received by the United States under this paragraph as a reimbursement or


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 123STA T . 1 45 1 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9recov er y o f co st s in c u rre db yt h e S ecret a ry concerned to carry out the conveyance under p ara g raph (1) sha l l be deposited in the fund or account that w as used to cover the costs incurred by the Secretary concerned in carrying out the conveyance . (ii) USE . —A nya m ounts deposited under clause (i) shall be available for the same purposes , and sub j ect to the same conditions and limitations, as any other amounts in the fund or account. ( 7 ) CONTAMI NATE DL AND.— I n consideration for the convey - ance of the parcel under paragraph (1), the Institute shall— (A) ta k e fee title to the parcel and any improvements to the parcel, as contaminated ( B ) be responsible for undertaking and completing all environmental remediation re q uired at, in, under, from, or on the parcel for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents, in the same manner and to the same e x tent as required by law applicable to privately owned facilities, regardless of the date of the contamination or the responsible party; (C) indemnify the United States for— (i) any environmental remediation or response costs the United States reasonably incurs if the Institute fails to remediate the parcel; or (ii) contamination at, in, under, from, or on the land, for all environmental conditions relating to or arising from the release or threat of release of waste material, substances, or constituents; ( D ) indemnify, defend, and hold harmless the United States from any damages, costs, expenses, liabilities, fines, penalties, claim, or demand for loss, including claims for property damage, personal injury, or death resulting from releases, discharges, emissions, spills, storage, disposal, or any other acts or omissions by the Institute and any offi- cers, agents, employees, contractors, sublessees, licensees, successors, assigns, or invitees of the Institute arising from activities conducted, on or after O ctober 1, 1 9 9 6 ,onthe parcel conveyed under paragraph (1); and ( E ) reimburse the United States for all legal and attorney fees, costs, and expenses incurred in association with the defense of any claims described in subparagraph (D). ( 8 ) CONTIN G ENT EN V I R ONMENTAL RES P ONSE O B LIGATIONS.— If the Institute does not undertake or complete environmental remediation as required by paragraph (7) and the United States is required to assume the responsibilities of the remediation, the Secretary of Energy shall be responsible for conducting any necessary environmental remediation or response actions with respect to the parcel conveyed under paragraph (1). (9) N O ADDITIONAL C OMPENSATION.—Except as otherwise provided in this section, no additional consideration shall be required for conveyance of the parcel to the Institute under paragraph (1). (1 0 ) ACCESS AND U TILITIES.—On conveyance of the parcel under paragraph (1), the Secretary of the Air F orce shall, on behalf of the United States and subject to any terms and


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 123STA T . 1 45 2 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9condit ion sa st heS ec r etar y deter m ines to b e necessary ( inc lu din g conditions p ro v iding f or the reimbursement of costs ), provide the I nstitute w ith — ( A ) access for employees and invitees of the Institute across K irtland Air F orce B ase to the parcel conveyed under that paragraph and (B) access to utility services for the land and any improvements to the land conveyed under that paragraph . ( 1 1)A D D IT I ONAL T ERM AND C ONDITION S .— T he Secretary of E nergy, in consultation with the Secretary of the Interior and Secretary of the Air Force, may re q uire any additional terms and conditions for the conveyance under paragraph (1) that the Secretaries determine to be appropriate to protect the interests of the U nited States. (c) TRANS F ER OF ADMINISTRATI V E JU RISDICTION.— (1) IN G ENERAL.—After the conveyance under subsection (b)(1) has been completed, the Secretary of Energy shall, on request of the Secretary of the Air Force, transfer to the Sec - retary of the Air Force administrative j urisdiction over the parcel of appro x imately 7 acres of land identified as ‘ ‘ P arcel B ’ ’ on the map, including any improvements to the parcel. ( 2 ) R EMOVAL OF IM P ROVEMENTS.—In concurrence with the transfer under paragraph (1), the Secretary of Energy shall, on request of the Secretary of the Air Force, arrange and pay for removal of any improvements to the parcel transferred under that paragraph. SEC.130 0 6 . AUTHORIZ ATIO N O F A P PROPRIATIONS FOR NATIONA L TROPICAL B OTANICAL G AR D EN. C hapter 1 53 5oftitle3 6, United States Code, is amended by adding at the end the following

‘ §153 51 4.Authoriza tio n o f a p propriation s ‘‘(a) IN G ENERAL.—Subject to subsection (b), there is authori z ed to be appropriated to the corporation for operation and maintenance expenses $ 5 0 0,000 for each of fiscal years 200 8 through 2017. ‘‘(b) L IMITATION.—Any Federal funds made available under sub- section (a) shall be matched on a 1-to-1 basis by non-Federal funds.’’. TI T LEX I V—CHR I S T OP HER AND DANA REEVE PARAL Y SIS ACT SEC. 1 4 001. SHORT TITLE. This title may be cited as the ‘‘Christopher and D ana Reeve Paralysis Act’’. S ubti t le A—P ar al ys is Resear ch SEC. 14101. ACTI V ITIES OF THE NATIONAL INSTITUTES OF HEALTH W ITH RESPECT TO RESEARCH ON PARAL Y SIS. (a) COORDINATION.—The Director of the N ational Institutes of H ealth (referred to in this title as the ‘‘Director’’), pursuant to the general authority of the Director, may develop mechanisms to coordinate the paralysis research and rehabilitation activities of the Institutes and Centers of the National Institutes of Health 42USC 2 8 4 o. 42USC2 01n o te . C hris to p her a n dD ana R ee v e P ara ly sis Ac t.


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 123STA T . 1 45 3 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9inorde r t o fu rt h er a d v an c e s uch activities and avoid du pl ication of activities .(b)CHRISTOP H E R ANDD ANA R EE V E P ARA LY SIS RESEAR C H CON - SORTIA. — ( 1 ) I N G ENERAL.— T he Director m a y ma k ea w ards of g rants to public or private entities to pay all or part of the cost of planning , establishing, improving, and providing basic oper- ating support for consortia in paralysis research. The Director shall designate each consortium funded through such grants as a Christopher and Dana Reeve Paralysis Research Consor- tium. ( 2 ) RESEARCH.— E ach consortium under paragraph (1)— ( A ) may conduct basic, translational, and clinical paral- ysis research ( B ) may focus on advancing treatments and developing therapies in paralysis research; (C) may focus on one or more forms of paralysis that result from central nervous system trauma or stroke; (D) may facilitate and enhance the dissemination of clinical and scientific findings; and (E) may replicate the findings of consortia members or other researchers for scientific and translational pur- poses. ( 3 ) COORDINATION O F CONSORTIA; REPORTS.—The Director may, as appropriate, provide for the coordination of information among consortia under paragraph (1) and ensure regular communication among members of the consortia, and may re q uire the periodic preparation of reports on the activities of the consortia and the submission of the reports to the Director. ( 4 ) O RGANI Z ATION OF CONSORTIA.—Each consortium under paragraph (1) may use the facilities of a single lead institution, or be formed from several cooperating institutions, meeting such requirements as may be prescribed by the Director. (c) P UB LIC INPUT.—The Director may provide for a mechanism to educate and disseminate information on the e x isting and planned programs and research activities of the N ational Institutes of H ealth with respect to paralysis and through which the Director can receive comments from the public regarding such programs and activities. Subti t leB—Par al ys is R e h abilitati on Resear c han dC are SEC.1420 1. A C TIV ITIES OF T H E N ATIONA L INSTIT U TES OF HEALTH W ITH R ES P ECT TO RESEARCH WITH I M PLICATIONS FOR ENHANCIN GD AIL Y FUNCTION FOR PERSONS WITH PARALYSIS. (a) IN G ENERAL.—The Director, pursuant to the general authority of the Director, may make awards of grants to public or private entities to pay all or part of the costs of planning, establishing, improving, and providing basic operating support to multicenter networks of clinical sites that will collaborate to design clinical rehabilitation intervention protocols and measures of out- comes on one or more forms of paralysis that result from central nervous system trauma, disorders, or stroke, or any combination of such conditions. 42USC 2 8 4 p.Designat i o n.


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 123STA T . 1 45 4 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(b)RES E ARCH.—Amulticen te r net wo r k o f clinic a l s ites fun d ed t h rou g h this section ma y — ( 1 ) focus on areas of key scientific concern , including— (A) im p ro v ing functional mobility ( B ) promoting behavioral adaptation to functional losses, especially to prevent secondary complications; ( C ) assessing the efficacy and outcomes of medical rehabilitation therapies and practices and assisting tech - nologies; ( D ) developing improved assistive technology to improve function and independence; and ( E ) understanding whole body system responses to physical impairments, disabilities, and societal and func- tional limitations; and ( 2 ) replicate the findings of network members or other researchers for scientific and translation purposes. (c) C O OR DIN A T ION O F C L INICAL T RIALS N ET W OR K S; RE P ORTS.— The Director may, as appropriate, provide for the coordination of information among networks funded through this section and ensure regular communication among members of the networks, and may re q uire the periodic preparation of reports on the activities of the networks and submission of reports to the Director. Subti t leC—Improv i ngQ u a lit y o fL ife for P er s ons W it h Paralysis an dO ther Phys - i c al D isabilities SEC.1430 1. PROG R AM S T O I MPRO V E QU A L IT Y O F LIFE FOR PERSO N S W IT H PARALYSIS AN D OTHER PHYSICAL DISA B ILITIES. (a) I N G ENERAL.—The S ecretary of H ealth and Human Services (in this subtitle referred to as the ‘ ‘Secretary ’ ’) may study the unique health challenges associated with paralysis and other phys- ical disabilities and carry out pro j ects and interventions to improve the quality of life and long-term health status of persons with paralysis and other physical disabilities. The Secretary may carry out such projects directly and through awards of grants or contracts. (b) CERTAIN ACTI V ITIES.—Activities under subsection (a) may include— (1) the development of a national paralysis and physical disability quality of life action plan, to promote health and wellness in order to enhance full participation, independent living, self-sufficiency, and equality of opportunity in partner- ship with voluntary health agencies focused on paralysis and other physical disabilities, to be carried out in coordination with the State-based Disability and Health P rogram of the Centers for Disease Control and Prevention; (2) support for programs to disseminate information involving care and rehabilitation options and quality of life grant programs supportive of community-based programs and support systems for persons with paralysis and other physical disabilities; ( 3 ) in collaboration with other centers and national vol- untary health agencies, the establishment of a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions; and 42USC 2 80g–9.


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 123STA T . 1 45 5 PUBLIC LA W 111 – 11 —M A R .3 0, 200 9(4)ther e plica ti on an d tran s lation o fb est practices and the sharin g of infor m ation across S tates , as w ell as the de v elop - ment of comprehensive, u ni q ue, and innovative programs, serv- ices, and demonstrations within e x isting State-based disabilit y and health programs of the C enters for D isease Control and P revention which are designed to support and advance quality of life programs for persons living with paralysis and other physical disabilities focusing on — ( A ) caregiver education ( B ) promoting proper nutrition, increasing physical activity, and reducing tobacco use; (C) education and awareness programs for health care providers; (D) prevention of secondary complications; ( E ) home- and community-based interventions; ( F ) coordinating services and removing barriers that prevent full participation and integration into the commu- nity; and ( G ) recogni z ing the unique needs of underserved popu- lations . (c) G RANTS .— T he Secretary may award grants in accordance with the following ( 1 ) To State and local health and disability agencies for the purpose of— (A) establishing a population-based database that may be used for longitudinal and other research on paralysis and other disabling conditions; (B) developing comprehensive paralysis and other physical disability action plans and activities focused on the items listed in subsection (b)(4); (C) assisting State-based programs in establishing and implementing partnerships and collaborations that maxi- mize the input and support of people with paralysis and other physical disabilities and their constituent organiza- tions; (D) coordinating paralysis and physical disability activities with existing State-based disability and health programs; (E) providing education and training opportunities and programs for health professionals and allied caregivers; and (F) developing, testing, evaluating, and replicating effective intervention programs to maintain or improve health and quality of life. ( 2 ) To private health and disability organizations for the purpose of— (A) disseminating information to the public; (B) improving access to services for persons living with paralysis and other physical disabilities and their care- givers; (C) testing model intervention programs to improve health and quality of life; and (D) coordinating existing services with State-based dis- ability and health programs. (d) C O OR DI NATION O F A C TI V ITI E S.—The Secretary shall ensure that activities under this section are coordinated as appropriate by the agencies of the Department of H ealth and Human Services.


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 123STA T . 1 456PUBLIC LA W 111 – 11 —M A R .3 0, 200 9LEGIS L AT I V E H IST ORY— H . R. 146:C O N GRESSIONAL RECOR D, V ol .1 5 5 (20 0 9) Mar .2, 3, c o nside red and p assed Ho u se. Mar. 1 7– 19, considered and passed Sena t e,a m ended. Mar. 25, House concurred in Senate amendments. DAILY COM P ILATION O F PRESIDENTIAL DOC U MENTS (2009): Mar. 30, Presidential remar k s and statement. (e)AUTHORIZA TIO N O F A P PROPRIATION S.—Forth e pu rpo s eo fca rr ying out this section , there is authori z e d to b e appropriated $25, 0 00,000 for each of fisca l years 200 8 through 20 1 1. TI T LEXV—SM IT H S ON I A N INSTIT U TION F A C ILITIES AUTHO R I Z ATION SEC.15 1 0 1. LABOR A T OR Y A ND S UP PORT SPACE , ED G E W ATER, M ARY - LAND. (a) AUTHORIT YT O DE SI G NAN DC ONSTRU C T.—The B oard of R egents of the Sm ithsonian I nstitution is authorized to design and construct laboratory and support space to accommodate the M athias L aboratory at the Smithsonian E n v ironmental Research Center in Edge w ater, Maryland. (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section a total of $ 4 1,000,000 for fiscal years 200 9 through 2011. Such sums shall remain avail - able until e x pended. SEC. 1510 2 . LABORATORY SPACE, GAMBOA, PANAMA. (a) AUTHORITY TO CONSTRUCT.—The Board of Regents of the Smithsonian Institution is authorized to construct laboratory space to accommodate the terrestrial research program of the Smithsonian tropical research institute in G amboa, P anama. (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated to carry out this section a total of $14,000,000 for fiscal years 2009 and 2010. Such sums shall remain available until expended. SEC. 1510 3 . CONSTRUCT I ONO F GREEN H OUSE FACILITY. (a) IN GENERA L .—The Board of Regents of the Smithsonian Institution is authorized to construct a greenhouse facility at its museum support facility in Suitland, Maryland, to maintain the horticultural operations of, and preserve the orchid collection held in trust by, the Smithsonian Institution. (b) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated $12,000,000 to carry out this section. Such sums shall remain available until expended. Approved March 3 0, 2009. Maryl a nd.20USC5 0n ote . 20 USC 50 note. 20 USC 50 note.


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 123STA T . 1 457PUBLIC LA W 111 – 12 —M A R .3 0, 200 9PublicLaw1 11 – 1 2 111 thCongres s A n Act Toamendth e I nte r na lR e v en u e C ode o f1986 toe x tend the fund i n g and ex p enditure authorit y of the A irport and Air w ay Tru s t F und , to amend title 4 9, U nited S tates Code, to extend authori z ations for the airport improvement program, and for other purposes .Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E. ThisActmaybe cite d as the ‘ ‘ F ede r a l A v iati on Administration Ex tension Act o f20 0 9’ ’ . SEC. 2 .E X TENSION O F T A XES F U N D IN G AIR P ORT AND AIR W A Y TRUST FUND. ( a ) F UEL T AX E S . —Su b p ara g raph ( B ) of section 4 0 81 (d)(2) of the I nternal R evenue C ode of 198 6 is amended by stri k ing ‘‘ M arch 3 1, 2009’’ and inserting ‘‘September 30, 2009’’. (b) T ICK E T TAXES.— (1) P E R S ON S.—Clause (ii) of section 4261( j )(1)(A) of the Internal Revenue Code of 1986 is amended by striking ‘‘March 31, 2009’’ and inserting ‘‘September 30, 2009’’. (2) PRO P ERT Y .—Clause (ii) of section 42 7 1(d)(1)(A) of such Code is amended by striking ‘‘March 31, 2009’’ and inserting ‘‘September 30, 2009’’. (c) E F FECTI V E D ATE.—The amendments made by this section shall take effect on April 1, 2009. SEC. 3 . EXTENSION OF AIRPORT AND AIRWAY TRUST FUND EXPENDI - TURE AUTHORITY. (a) IN G ENERAL.—Paragraph (1) of section 9 5 02(d) of the Internal Revenue Code of 1986 is amended— (1) by striking ‘‘April 1, 2009’’ and inserting ‘‘ O ctober 1, 2009’’, and (2) by inserting ‘‘or the Federal Aviation Administration Extension Act of 2009’’ before the semicolon at the end of subparagraph (A). (b) CONFOR M IN G AMEN D MENT.—Paragraph (2) of section 9502(e) of such Code is amended by striking ‘‘April 1, 2009’’ and inserting ‘‘October 1, 2009’’. (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on April 1, 2009. SEC. 4 . EXTENSION OF AIRPORT I M PRO V EMENT PROGRAM. (a) AUT H ORI Z ATION OF APPROPRIATIONS.—Section 48103(6) of title 49, U nited States Code, is amended by striking ‘‘ $ 1,950,000,000 26USC950 2 note. 26 USC 4 0 81 note. 26 USC 4081. 26 USC 1 note. F e d e ralAvi ation Ad m ini s tration Ex tension A c to f 2009. M ar. 3 0, 2009 [H . R . 1512 ]


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 123STA T . 1 458PUBLIC LA W 111 – 12 —M A R .3 0, 200 9forthe6-m o n th p er i o db e g inning on Oc tober 1,20 0 8.’ ’ a nd in s erting ‘ ‘ $3, 9 00,000,000 for fisca ly ear 2009.’’. ( b )PROJECTG R AN T AU T H OR I T Y . —S ection 47 104(c) of s u ch title is amended by stri k ing ‘‘ M arch 31, 2009,’’ and inserting ‘‘September 30, 2009,’’. SEC.5 .E XT E N S IO NO F EX P I R IN GAU T H ORITIES. (a) Section 40117(l)(7) of title 49, U nited States C ode, is amended by striking ‘‘April 1, 2009.’’ and inserting ‘‘October 1, 2009.’’. (b) Section 44302(f)(1) of such title is amended— (1) by striking ‘‘March 31, 2009,’’ and inserting ‘‘September 30, 2009,’’ and (2) by striking ‘‘May 31, 2009,’’ and inserting ‘‘ D ecember 31, 2009,’’. (c) Section 44303(b) of such title is amended by striking ‘‘May 31, 2009,’’ and inserting ‘‘December 31, 2009,’’. (d) Section 47107(s)(3) of such title is amended by striking ‘‘April 1, 2009.’’ and inserting ‘‘October 1, 2009.’’. (e) Section 4711 5 ( j ) of such title is amended by striking ‘‘2008, and for the portion of fiscal year 2009 ending before April 1, 2009,’’ and inserting ‘‘2009,’’. (f) Section 47141(f) of such title is amended by striking ‘‘March 31, 2009.’’ and inserting ‘‘September 30, 2009.’’. (g) Section 49108 of such title is amended by striking ‘‘March 31, 2009,’’ and inserting ‘‘September 30, 2009,’’. (h) Section 161 of the V ision 100—Century of A v iation R eauthori z ation Act (49 U.S.C. 47109 note) is amended by striking ‘‘made in’’ and all that follo w s through ‘‘under chapter 471’’ and inserting ‘‘made in fiscal year 2009 under chapter 471’’. (i) Section 186(d) of such Act (117 Stat. 2518) is amended by striking ‘‘2008, and for the portion of fiscal year 2009 ending before April 1, 2009,’’ and inserting ‘‘2009,’’. (j) T he amendments made by this section shall take effect on April 1, 2009. SEC. 6 .FE D ERA L A V IATION AD M INISTRATION OPERATIONS. Section 106(k)(1)( E ) of title 49, United States Code, is amended by striking ‘‘$4,516,364,500 for the 6-month period beginning on October 1, 2008.’’ and inserting ‘‘$9,042,467,000 for fiscal year 2009.’’. SEC. 7 . AIR NAVIGATION FACILITIES AND E Q UIPMENT. Section 48101(a)(5) of title 49, United States Code, is amended by striking ‘‘$1,360,188,750 for the 6-month period beginning on October 1, 2008.’’ and inserting ‘‘$2,742,095,000 for fiscal year 2009.’’. Ef f ectiv e da te .49USC 4 01 1 7no te.


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 123STA T . 1 459PUBLIC LA W 111 – 12 —M A R .3 0, 2009 LEGIS L AT I V E H IST ORY— H . R. 15 1 2:C O N GRESSIONAL RECOR D, V ol . 155 ( 2 0 0 9) Mar .1 8, c o nside red and p assed Ho u se and Sena t e. SEC.8 . R ESE A RC H, E NGI NEERING, AN D DE V E LOPM EN T . Section48102(a) (1 3 )o f tit l e4 9,U nite d State sC ode, is a m ended by st r i k in g‘ ‘ $ 8 5 ,50 7 ,500 for t h e 6- month p eriod beginning on O ctober 1, 2008 .’ ’ and inserting ‘‘$171,000,000 for fiscal year 2009.’’. A ppro v ed M arch 30, 2009.


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 123STA T . 1 460PUBLIC LA W 111 – 13 — AP R .21 , 200 9PublicLaw1 11 – 1 3 111 thCongres s A n Act Enti t ledTh eEd war d M.K enned yS er v e Am eri c a Act , anActt o rea u thori z e and re f orm the national s ervice laws. Beit e nac te dby t h e S enate and Hous eo fR e pr esentati v es of the U nited States of Am erica in C on g ress assemb l ed ,SECTION1. S H O R T TIT L E T AB LEO F CONTENTS. (a)SHORTTI T LE.— T hisActm a ybe cite d as the ‘ ‘Se rv e America Act ’ ’. (b) T AB LEO FC O N TENT S .—The tab l e of co n tents of this Act is as follo w s Sec. 1 . Short title ta b le of contents. T I T L EI — AME ND MENTS T O NATIONAL AND C OMM U NIT Y SE RV ICE ACT O F 1 9 9 0 Sec. 1001. References. Subtitle A—Amendments to Subtitle A (G eneral P rovisions ) Sec. 1101. Pur p oses. Sec. 110 2 . Definitions. Subtitle B —Amendments to Subtitle B (Learn and Serve America) Sec. 1201. School - based allotments. Sec. 1202. H i g her education provisions. Sec. 120 3 . Campuses of Service. Sec. 120 4 . Innovative programs and research. Sec. 120 5 . Service-learning impact study. Subtitle C—Amendments to Subtitle C (National Service Trust Program) Sec. 1301. Prohibition on grants to Federal agencies; limits on Corporation costs. Sec. 1302. Eligible national service programs. Sec. 1303. Types of positions. Sec. 1304. Conforming repeal relating to training and technical assistance. Sec. 1305. Assistance to State Commissions; challenge grants. Sec. 130 6 . Allocation of assistance to States and other eligible entities. Sec. 130 7 . Additional authority. Sec. 130 8 . State selection of programs. Sec. 1309. National service program assistance re q uirements. Sec. 1310. Prohibited activities and ineligible organizations. Sec. 1311. Consideration of applications. Sec. 1312. Description of participants. Sec. 1313. Selection of national service participants. Sec. 1314. Terms of service. Sec. 1315. Ad j ustments to living allowance. Subtitle D—Amendments to Subtitle D (National Service Trust and Provision of National Service Educational Awards) Sec. 1401. Availability of funds in the National Service Trust. Sec. 1402. Individuals eligible to receive an educational award from the Trust. Sec. 1403. Certifications. Sec. 1404. Determination of the amount of the educational award. 42USC1 2 50 1 note. Se rv e Am er ica Act. A p r. 21 , 200 9[H . R .1 38 8 ]


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 123STA T . 1 46 1 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9Sec.1405 . Disbur se m e ntof e d uc a tiona l a w ards. Sec. 140 6 . Ap pro v al process for approved positions. Subtitle E— Amendments to Subtitle E (N ational C ivilian Communit y Corps ) Sec. 1501. P urpose. Sec. 150 2 . Pro g ram components. Sec. 150 3 . Eligible participants. Sec. 1504. Summer national service program. Sec. 1505. National Civilian Community Corps. Sec. 1506. T raining. Sec. 150 7 . Consultation wit h State Commissions. Sec. 150 8 . Authori z ed benefits for Corps members. Sec. 150 9 . Permanent cadre. Sec. 1510. Status of Corps members and Corps personnel under F ederal law. Sec. 1511. Contract and grant authority. Sec. 1512. O ther departments. Sec. 1513. Advisory B oard. Sec. 1514. Evaluations. Sec. 1515. R epeal of funding limitation. Sec. 1516. Definitions. Sec. 1517. Terminology. Subtitle F—Amendments to Subtitle F (Administrative Provisions) Sec. 1601. Family and medical leave. Sec. 1602. Reports. Sec. 1603. U se of funds. Sec. 1604. Notice , hearing, and grievance procedures. Sec. 1605. Resolution of displacement complaints. Sec. 1606. State Commissions on National and Community Service. Sec. 1607. Evaluation and accountability. Sec. 1608. Civic H ealth Assessment. Sec. 1609. Contingent e x tension. Sec. 1610. Partnerships with schools. Sec. 1611. Rights of access, examination, and copying. Sec. 1612. Additional administrative provisions. Sec. 1613. Availability of assistance. Sec. 1614. Criminal history chec k s for individuals working with vulnerable popu - lations. Subtitle G —Amendments to Subtitle G (Corporation for National and Community Service) Sec. 1701. Terms of office. Sec. 1702. Board of Directors authorities and duties. Sec. 1703. Chief Executive Officer compensation. Sec. 1704. Authorities and duties of the Chief Executive Officer. Sec. 1705. Chief Financial Officer status. Sec. 1706. Nonvoting members personal services contracts. Sec. 1707. Donated services. Sec. 1708. Assignment to State Commissions. Sec. 1709. Study of involvement of veterans. Sec. 1710. Study to examine and increase service programs for displaced workers in services corps and community service and to develop pilot program planning study. Sec. 1711. Study to evaluate the effectiveness of agency coordination. Sec. 1712. Study of program effectiveness. Sec. 1713. V olunteer M anagement Corps study. Subtitle H—Amendments to Subtitle H ( I nvestment for Q uality and Innovation) Sec. 1801. Technical amendment to subtitle H. Sec. 1802. Additional Corporation activities to support national service. Sec. 1803. Repeals. Sec. 1804. Presidential awards. Sec. 1805. New fellowships. Sec. 1806. National Service Reserve Corps. Sec. 1807. Social Innovation Funds pilot program. Sec. 1808. Clearinghouses. Sec. 1809. Nonprofit Capacity Building Program. Subtitle I—Training and Technical Assistance Sec. 1821. Training and technical assistance.


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 123STA T . 1 46 2 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9Subti t leJ—R e p e a l ofT itle I II (P oi n t s of L i gh t F oun d ation ) Se c.183 1. Repeal. Subtitle K — Am endments to Title V (Autho r i z ation of Appropriations) Sec. 18 4 1. Authorization of appropriations. TITL E II— DOM ESTI C VOL UN TEER SERVICE ACT OF 1 97 3 Sec. 20 01. References. Sec. 2002. Volunteerism polic y . Subtitle A—National Volunteer Antipo v erty Programs C HAPTER 1—V OLUN TEER SI N SER V I C ETOA M ERICA Sec. 2101. Statement of purpose. Sec. 2102. Selection and assignment of volunteers. Sec. 2103. Support service. Sec. 2104. Repeal. Sec. 210 5 . Redesignation. CHAPTER 2—UNIVERSIT YY EAR F OR VISTA Sec. 2121. University year for VISTA. CHAPTER 3—SPECIAL VOLUNTEER PRO G RAMS Sec. 2131. Statement of purpose. Sec. 2132. Literacy challenge grants. Subtitle B —National Senior Service Corps Sec. 2141. Title. Sec. 2142. Statement of purpose. Sec. 2143. Retired and Senior Volunteer Program. Sec. 2144. Foster grandparent program. Sec. 2145. Senior companion program. Sec. 214 6 . G eneral provisions. Subtitle C—Administration and Coordination Sec. 2151. Special limitations. Sec. 2152. Application of Federal la w. Sec. 2153. Evaluation. Sec. 2154. Definitions. Sec. 2155. Protection against improper use. Sec. 2156. Provisions under the National and Community Service Act of 1990. Subtitle D—Authorization of Appropriations Sec. 2161. Authorizations of appropriations. TITLE III—TEC H NICAL AMENDMENTS TO TABLES OF CONTENTS Sec. 3101. Table of contents of the National and Community Service Act of 1990. Sec. 3102. Table of contents of the Domestic Volunteer Service Act of 1973. TITLE IV—AMENDMENTS TO OTHER LA W S Sec. 4101. Inspector General Act of 1978. TITLE V—VOLUNTEERS FOR PROSPERITY PROGRAM Sec. 5101. Findings. Sec. 5102. Definitions. Sec. 5103. Office of Volunteers for Prosperity. Sec. 5104. Authorization of appropriations. TITLE VI—EFFECTIVE DATE Sec. 6101. Effective date. Sec. 6102. Sense of the Senate.


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 123STA T . 1 46 3 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9TI T LE I —AM E ND MENT S T O NATIONAL AND C OMM U NIT Y SE RV ICE ACT O F19 9 0SEC.10 01. R E F ERE N CES. Exceptaso t h e rwi se speci f ica l l y pro v i d ed , whe n ever in this title an a m endment or repeal is expressed in terms of an amend - ment to, or repeal of, a provision, the amendment or repeal shall b e considered to be made to a provision of the N ational and C omm u - nity S ervice A ct of 19 9 0(42U. S.C. 12 5 01etse q . ) . S ubti t le A—A m e nd ment s t o Subtitle A (G ene ra l P ro v isions ) SEC. 1101. PU RP O SES. Section 2(b) (42 U.S.C. 12501(b)) is amended — (1) in para g raph (2), by stri k ing ‘ ‘community throughout ’ ’ and inserting ‘‘community and service throughout the varied and diverse communities of’’ (2) in paragraph (4), by inserting after ‘‘income,’’ the fol- lowing ‘‘geographic location,’’; ( 3 ) in paragraph ( 6 ), by inserting after ‘‘existing’’ the fol- lowing: ‘‘national’’; (4) in paragraph ( 7 )— (A) by striking ‘‘programs and agencies’’ and inserting ‘‘programs, agencies, and communities’’; and ( B ) by striking ‘‘and’’ at the end; (5) in paragraph ( 8 ), by striking the period and inserting a semicolon; and (6) by adding at the end the following: ‘‘(9) expand and strengthen service-learning programs through year-round opportunities, including opportunities during the summer months, to improve the education of chil- dren and youth and to maximi z e the benefits of national and community service, in order to renew the ethic of civic responsi- bility and the spirit of community for children and youth throughout the United States; ‘‘(10) assist in coordinating and strengthening F ederal and other service opportunities, including opportunities for partici- pation in emergency and disaster preparedness, relief, and recovery; ‘‘(11) increase service opportunities for the Nation’s retiring professionals, including such opportunities for those retiring from the science, technical, engineering, and mathematics professions, to improve the education of the Nation’s youth and keep America competitive in the global knowledge economy, and to further utilize the experience, knowledge, and skills of older individuals; ‘‘(12) encourage the continued service of the alumni of the national service programs, including service in times of national need; ‘‘(13) encourage individuals age 55 or older to partake of service opportunities; ‘‘(14) focus national service on the areas of national need such service has the capacity to address, such as improving


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 123STA T . 1 46 4 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9education, inc r ea s in g energ y conser v ation, i mp roving t h e hea l th status o f economically disadvantaged individuals, and improving economic opportunity for economically disadvantaged individuals ‘ (15) recogni z e and increase the impact of social entre - preneurs and other nonprofit community organizations in addressing national and local challenges; ‘‘(1 6 ) increase pu b lic and private investment in nonprofit community organizations that are effectively addressing national and local challenges and encourage such organizations to replicate and e x pand successful initiatives; ‘‘(1 7 ) leverage F ederal investments to increase S tate, local, business, and philanthropic resources to address national and local challenges; ‘‘(1 8 ) support institutions of higher education that engage students in community service activities and provide high- q uality service-learning opportunities; and ‘‘(1 9 ) recognize the expertise veterans can offer to national service programs, expand the participation of the veterans in the national service programs, and assist the families of vet- erans and members of the A rmed Forces on active duty .’ ’. SEC.1 1 02 . D E FIN I T I O NS. (a) INGE NE RAL . — Section 1 0 1( 42U .S. C . 12511) is amended— (1) in paragraph ( 3 ), by stri k ing ‘‘described in section 122’’; (2) in paragraph (13), by striking ‘‘section 101(a) of the H igher E ducation Act of 1965’’ and inserting ‘‘sections 101(a) and 102(a)(1) of the Higher Education Act of 1965’’; (3) in paragraph (17)( B ), by striking ‘‘program in w hich the participant is enrolled’’ and inserting ‘‘organization receiving assistance under the national service laws through which the participant is engaging in service’’; (4) in paragraph (19)— (A) by striking ‘‘section 111(a)’’ and inserting ‘‘section 112(a)’’; (B) by striking ‘‘117A(a),’’; (C) by striking ‘‘119(b)(1), or 122(a),’’ and inserting ‘‘118A, or 118(b)(1), or subsection (a), (b), or (c) of section 122,’’; ( D ) by inserting ‘‘section 198B, 198C, 198G, 198H, or 198 K ,’’ after ‘‘section 152(b),’’; and (E) by striking ‘‘198, 198C, or 198D’’ and inserting ‘‘179A, 198, 198 O , 198 P ,or199 N ’’; (5) in paragraph (21)(B)— (A) by striking ‘‘602’’ and inserting ‘‘602(3)’’; and (B) by striking ‘‘1401’’ and inserting ‘‘1401(3)’’; (6) in paragraph (24), by striking ‘‘section 111’’ and inserting ‘‘section 112’’; (7) in paragraph (26), by striking the second sentence; and (8) by adding at the end the following ‘‘(30) ALA SK ANA TIV E-SERVIN G INSTIT U TI O N.— T he term ‘Alaska Native-serving institution’ has the meaning given the term in section 317(b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ‘‘(31) A P PROVE D SILVER S CH OLAR POSITION.—The term ‘approved silver scholar position’ means a position, in a program


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 123STA T . 1 465PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9describ edi n sec t i o n 198C(a),f or wh ich the Cor p oration has appro v ed the provision of a si l ver scholarship ed u cational award as one of the benefits to be provided for successful service in the position .‘ ‘( 32 ) AP P ROVEDSUM MER O F SERV IC E POSI T IO N . —T he ter m ‘approved summer of service position ’ means a position, in a pro g ram described in section 119(c)(8), for which the Corpora - tion has approved the provision of a summer of service edu- cational award as one of the benefits to be provided for success- ful service in the position. ‘‘(33) ASI A N AMERICAN AND NATIVE AMERICAN PACIFIC IS L ANDER-SERVIN G INSTITUTION.—The term ‘Asian American and N ative American P acific I slander-serving institution’ has the meaning given the term in section 32 0 (b) of the H igher E ducation Act of 19 65 (20 U . S .C. 1059g(b)). ‘‘(3 4 ) AUT H ORI Z ING COMMITTEES.—The term ‘authori z ing committees’ means the Committee on Education and L abor of the House of R epresentatives and the Committee on Health, Education, Labor, and Pensions of the Senate. ‘‘(35) COMMUNIT Y - B ASED ENTITY.—The term ‘communit y - based entity’ means a public or private nonprofit organization that— ‘‘(A) has e x perience with meeting unmet human, edu- cational, environmental, or public safety needs and ‘‘( B ) meets other such criteria as the Chief Executive O fficer may establish. ‘‘(36) D ISADVANTAGED YOUTH.—The term ‘disadvantaged youth’ includes those youth who are economically disadvantaged and 1 or more of the following ‘‘(A) W ho are out-of-school youth, including out-of- school youth who are unemployed. ‘‘(B) Who are in or aging out of foster care. ‘‘(C) Who have limited English proficiency. ‘‘(D) Who are homeless or who have run away from home. ‘‘(E) Who are at-ris k to leave secondary school without a diploma. ‘‘( F ) Who are former j uvenile offenders or at risk of delin q uency. ‘‘( G ) Who are individuals with disabilities. ‘‘(3 7 ) ENCORE SERVICE PROGRAM.—The term ‘encore service program’ means a program, carried out by an eligible entity as described in subsection (a), (b), or (c) of section 122, that— ‘‘(A) involves a significant number of participants age 55 or older in the program; and ‘‘(B) takes advantage of the skills and experience that such participants offer in the design and implementation of the program. ‘‘(38) HISPANIC-SERVING INSTITUTION.—The term ‘Hispanic- serving institution’ has the meaning given such term in section 502(a) of the Higher Education Act of 1965 (20 U.S.C. 1101a(a)). ‘‘(39) HISTORICALLY BLAC K COLLEGE OR UNIVERSITY.—The term ‘historically black college or university’ means a part B institution, as defined in section 322 of the Higher Education Act of 1965 (20 U.S.C. 1061). ‘‘(40) M EDICALLY UNDERSERVED POPULATION.—The term ‘medically underserved population’ has the meaning given that


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 123STA T . 1 46 6 PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9termins e c ti o n 3 3 0(b) (3) o f t h e Pu b l ic H e a lth S er v ice A ct( 42U. S. C .2 5 4b(b)(3)). ‘ ‘(4 1 ) NATIVE A M E R I C A N-S ERVIN G, N O NTRI B A L INSTIT U TION. —T he term ‘Native American-servin g , nontribal institution ’ has the meaning given the term in section 31 9 (b) of the Higher Ed ucation Act of 19 6 5 (20 U.S.C. 1059f(b)). ‘‘(42) NATIVE H A W AIIAN-SERVING INSTITUTION.—The term ‘Native Ha w aiian-serving institution’ has the meaning given the term in section 31 7 (b) of the Higher Education Act of 1965 (20 U.S.C. 1059d(b)). ‘‘(43) PRE D OMINANTL Y BLAC K INSTITUTION.—The term ‘Predominantl yB lac kI nstitution’ has the meaning given the term in section 31 8 of the Higher Education Act of 1965 (20 U.S.C. 1059e). ‘‘(44) PRINCI P LES O F SCIENTIFIC RESEARCH.—The term ‘ p rin- ciples of scientific research’ means principles of research that— ‘‘(A) apply rigorous, systematic, and ob j ective method- ology to obtain reliable and valid knowledge relevant to the subject matter involved ‘‘(B) present findings and make claims that are appro- priate to, and supported by, the methods that have been employed; and ‘‘(C) include, appropriate to the research being con- ducted— ‘‘(i) use of systematic, empirical methods that draw on observation or e x periment; ‘‘(ii) use of data analyses that are ade q uate to support the general findings; ‘‘(iii) reliance on measurements or observational methods that provide reliable and generali z able findings; ‘‘(iv) strong claims of causal relationships, only with research designs that eliminate plausible com- peting explanations for observed results, such as, but not limited to, random-assignment experiments; ‘‘(v) presentation of studies and methods in suffi- cient detail and clarity to allow for replication or, at a minimum, to offer the opportunity to build systemati- cally on the findings of the research; ‘‘(vi) acceptance by a peer-reviewed journal or cri- tique by a panel of independent experts through a comparably rigorous, objective, and scientific review; and ‘‘(vii) consistency of findings across multiple studies or sites to support the generality of results and conclusions. ‘‘(45) Q UALIFIED ORGANI Z ATION.—The term ‘qualified organization’ means a public or private nonprofit organization with experience working with school-age youth that meets such criteria as the Chief Executive O fficer may establish. ‘‘(46) SCIENTIFICALLY VALID RESEARCH.—The term ‘scientif- ically valid research’ includes applied research, basic research, and field-initiated research in which the rationale, design, and interpretation are soundly developed in accordance with prin- ciples of scientific research.


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 123STA T . 1 467PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ (47)TER R ITO R Y.— T het e rm ‘terr i t o r y’ me ans the U nite dS tates V ir g in I s l ands ,Gu am, A meri c an Samoa, and the C ommon w ealth o f the N orthern M ariana Islands. ‘‘(4 8 ) TRI BAL LY C O N TROLLE D COLLE G EOR U NI V ER S ITY.—The term ‘tri b ally controlled college or uni v ersity’ has the meaning given such term in section 2 of the Tribally Controlled Colleges and Universities Assistance Act of 19 78 (2 5 U.S.C. 18 0 1). ‘‘(49) VETERAN.—The term ‘veteran’ has the meaning given the term in section 101 of title 3 8, United States Code.’’. (b) R EDESIGNATION.—Section 101 (42 U.S.C. 12511) is amended— (1) by redesignating p aragraphs (1) through (49) as para - graphs (1), (3), (8), (9), (10), (12), (14), (15), (19), (20), (21), (22), (23), (24), (2 6 ), (29), (30), (31), (34), (35), (37), (39), (40), (41), (42), (43), (44), (45), (46), (2), (4), (5), (6), (7), (11), (13), (16), (17), (18), (25), (27), (28), (32), (33), (36), (38), (47), (48), and (49) and (2) so that paragraphs (1) through (49), as so redesignated in paragraph (1), appear in numerical order. Subti t leB—Am e nd ment s t o Subtitle B (L e ar n and Ser v e Ameri c a )SEC.120 1. SC HO O L-BA SE D ALLO TM E N TS. P art I of subtitle B of title I (42 U.S.C. 12521 et se q .) is amended to read as follows

‘ PARTI— PR OG RA MSF OR EL EME N TAR Y AN D SE C ONDARY SC H OOL ST U DENTS ‘ ‘SEC. 111. PUR POSE. ‘‘The purpose of this part is to promote service-learning as a strategy to— ‘‘(1) support high-quality service-learning pro j ects that engage students in meeting community needs with demon- strable results, while enhancing students’ academic and civic learning; and ‘‘(2) support efforts to build institutional capacity, including the training of educators, and to strengthen the service infra- structure to e x pand service opportunities. ‘‘SEC. 111A. DE FI NITIONS. ‘‘In this part: ‘‘(1) STATE.—The term ‘State’ means each of the several States, the D istrict of Columbia, and the Commonwealth of Puerto Rico. ‘‘(2) STATE EDUCATIONAL AGENCY.—The term ‘State edu- cational agency’ means— ‘‘(A) a State educational agency (as defined in section 101) of a State; or ‘‘(B) for a State in which a State educational agency described in subparagraph (A) has designated a statewide entity under section 112(e), that designated statewide entity. 42USC1 2 5 22 . 42 USC 12521.


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 123STA T . 1 468PUBLIC LA W 111 – 13 — AP R .21 , 2 0 0 9‘ ‘ SEC.1 1 2 . A SS I S T A N CET O STATES , TE R RITORIES, AN D INDIAN TRI B ES. ‘ ‘ (a)AL L OTMEN T S TO S T A TES ,T E R R I TORIES, AN DI NDIAN TRI B ES .— T heCorp ora ti o n ,in c on sul tation w ith the Secretar y o fEd ucation, m ay ma k e allotments to State educational a g encies, territories, and Indian tri b es to pay for the F ederal share of— ‘‘( 1 ) planning and building the capacity within the State, territory, or Indian tribe in v olved to implement service - learning programs that are based principally in elementary schools and secondary schools, including— ‘‘(A) providing training and professional development for teachers, supervisors, personnel from community-based entities (particularly with regard to the recruitment, utili- z ation, and management of participants), and trainers, to be conducted by q ualified individuals or organizations that have e x perience with service-learning ‘‘( B ) developing service-learning curricula, consistent with State or local academic content standards, to be integrated into academic programs, including curricula for an age-appropriate learning component that provides participants an opportunity to analyze and apply their service experiences; ‘‘(C) forming local partnerships described in paragraph ( 2 )or( 4 )( D ) to develop school-based service-learning pro- grams in accordance with this part; ‘‘(D) devising appropriate methods for research on and evaluation of the educational value of service-learning and the effect of service-learning activities on communities; ‘‘(E) establishing effective outreach and dissemination of information to ensure the broadest possible involvement of community-based entities with demonstrated effective- ness in working with school-age youth in their commu- nities; and ‘‘(F) establishing effective outreach and dissemination of information to ensure the broadest possible participation of schools throughout the State, throughout the territory, or serving the Indian tribe involved with particular atten- tion to schools not making adequate yearly progress for two or more consecutive years under section 1111 of the Elementary and Secondary Education Act of 1 965 (2 0U .S.C. 6 3 01 et seq.); ‘‘(2) implementing, operating, or expanding school-based service-learning programs, which may include paying for the cost of the recruitment, training, supervision, placement, sala- ries, and benefits of service-learning coordinators, through dis- tribution by State educational agencies, territories, and Indian tribes of Federal funds made available under this part to pro j ects operated by local partnerships among— ‘‘(A) local educational agencies; and ‘‘(B) 1 or more community partners that— ‘‘(i) shall include a public or private nonprofit organization that— ‘‘(I) has a demonstrated expertise in the provi- sion of services to meet unmet human, education, environmental, or public safety needs; ‘‘(II) will make projects available for partici- pants, who shall be students; and 42USC1 2 5 2 3.