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15483(d)(1)(B) ) is amended by adding at the end the following sentence: The previous sentence shall not apply with respect to the requirements of subsection (a)(6)..
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1. SHORT TITLE This Act may be cited as the Assisting America’s Rural Schools Act. 2. Rural waiver of certain qualifications for teachers (a) In general Section 1119(a) of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C.
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6319(a) ) is amended by adding at the end the following: (4) Availability of waiver for rural local educational agencies (A) New hires Upon application by a rural local educational agency, the Secretary may grant the agency the authority to defer, for a 1-year period beginning on the date any teacher who is new to th...
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During the deferral period, the teacher shall be considered to have satisfied such requirement if the teacher has demonstrated a high level of competency, in accordance with such section, in one of the academic subjects in which the teacher teaches.
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(B) Existing employees Upon application by a rural local educational agency, the Secretary may grant the agency the authority to defer, for a 1-year period beginning on the date any middle or secondary school teacher who is not new to the profession first begins teaching an academic subject that the teacher has not pr...
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During the deferral period, the teacher shall be considered to have satisfied such requirement if the teacher has demonstrated competence, in accordance with such section, in one of the academic subjects in which the teacher teaches. (C) Terms and conditions The Secretary may, in the Secretary’s discretion, establish ...
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the term rural local educational agency means a local educational agency with respect to which— (i) each county in which a school served by the agency is located has a total population density of fewer than 10 persons per square mile; or (ii) all schools served by the agency are designated with a school locale code of ...
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(2) Application procedures Such regulations shall specify procedures to be used by local educational agencies in submitting applications under section 1119(a)(4) of the Elementary and Secondary Education Act of 1965 (as added by subsection (a)). (3) Eligibility Such regulations shall specify the criteria the Secretar...
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1. Short title This Act may be cited as the Wild Sky Wilderness and Backcountry Wilderness Management Area Act of 2004. 2. Addition of Wild Sky Wilderness to National Wilderness Preservation System (a) Designation Certain Federal lands in the State of Washington comprising approximately 92,722 acres, as generally de...
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(b) Maps and legal descriptions As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the Wild Sky Wilderness with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Represent...
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The map and legal description shall be on file and available for public inspection in the office of the Chief of the Forest Service. (c) Administration Subject to valid existing rights, the Secretary of Agriculture shall manage the Wild Sky Wilderness in accordance with the Wilderness Act ( 16 U.S.C. 1131 et seq. ) an...
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To fulfill the purposes of this Act and the Wilderness Act and to achieve administrative efficiencies, the Secretary may manage the Wild Sky Wilderness as a comprehensive part of the larger complex of adjacent and nearby wilderness areas. (d) Maintenance and use of certain structures (1) Repeater site Within the Wild...
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(2) Evergreen Mountain Lookout The designation of the Wild Sky Wilderness shall not preclude the operation and maintenance of the Evergreen Mountain Lookout, in the same manner and degree in which the operation and maintenance of the lookout was occurring as of the date of enactment of this Act. (e) Access (1) Privat...
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(2) Float plane access As provided by section 4(d)(1) of the Wilderness Act ( 16 U.S.C. 1133(d)(1) ), the use of floatplanes on Lake Isabel in the Wild Sky Wilderness, where such use was established before the date of enactment of this Act, shall be permitted to continue subject to such reasonable restrictions as the ...
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The Secretary shall give priority consideration to the acquisition of those lands identified as Priority Acquisition Lands on the map described in subsection (a). (2) Appraisal Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of designation of the Wil...
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Designation of Backcountry Wilderness Management Area, Skykomish River valley, Washington (a) Designation Certain Federal lands in the State of Washington comprising approximately 13,278 acres, as generally depicted on the map referred to in section 2(a), are hereby designated as the Skykomish Backcountry Wilderness ...
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(b) Maps and legal descriptions As soon as practicable after the date of the enactment of this Act, the Secretary of Agriculture shall file a map and a legal description for the management area with the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representativ...
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(c) Administration The Secretary of Agriculture shall manage the Federal lands included in the management area to preserve their natural character and to protect and enhance water quality. (d) Management plan Not later than three years after the date of the enactment of this Act, the Secretary of Agriculture shall de...
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(e) Wildlife management The designation of the management area neither affects nor diminishes the jurisdiction of the State of Washington with respect to fish and wildlife management, including the regulation of hunting, fishing, and trapping, on Federal lands included in the management area. (f) Withdrawal Subject t...
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(g) Motorized and mechanized travel authorized Motorized and mechanized travel in the management area shall be restricted to designated trails and routes specified in the management plan required by subsection (d). Pending completion of the management plan, the Secretary of Agriculture may designate the trails and rou...
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(h) Prohibition on commercial timber harvesting The Secretary of Agriculture shall not permit the commercial harvest of timber in the management area. (i) Land acquisition authority (1) In general The Secretary of Agriculture may acquire lands and interests therein in the management area by purchase, donation, or ex...
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(2) Appraisal Valuation of private lands shall be determined without reference to any restrictions on access or use that arise out of inclusion of adjacent Federal lands in the management area or designation of the Wild Sky Wilderness. (3) Boundary adjustment The boundaries of the Mt. Baker-Snoqualmie National Forest...
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Development and implementation of trail plan (a) Trail plan required The Secretary of Agriculture shall establish, in consultation with interested parties, a trail plan for National Forest System lands described in this paragraph in order to develop the following: (1) A system of hiking and equestrian trails in the W...
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(3) A system of trails adjacent to the Wild Sky Wilderness or the Backcountry Wilderness Management Area to provide access to such areas. (b) Implementation report Within two years after the date of the enactment of this Act, the Secretary of Agriculture shall submit to Congress a report on the implementation of the t...
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Land exchanges, Chelan County Public Utility District, Washington (a) Land exchanges required In accordance with this section, the Secretary of Agriculture shall carry out a land exchange with the Chelan County Public Utility District in the State of Washington to exchange lands and interests in lands, as generally d...
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(b) Acceptance of lands If, within 90 days after the date of enactment of this Act, the Chelan County Public Utility District offers to the Secretary of Agriculture approximately 371.8 acres of lands held by the Utility District in the Mt. Baker-Snoqualmie National Forests in the State of Washington, the Secretary sha...
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(c) Conveyance of easement Upon acceptance of title by the Secretary of Agriculture under subsection (b), the Secretary shall convey to the Chelan County Public Utility District a permanent easement, including helicopter access, consistent with such levels as used as of the date of enactment of this Act, to maintain a...
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(d) Reversion As a condition on the conveyance under subsection (c), the Chelan County Public Utility District shall notify the Secretary of Agriculture if the Utility District determines that there is no longer a need to maintain a snowtel site on the lands subject to the easement conveyed under subsection (c) to mon...
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1. Findings Congress makes the following findings: (1) Lyme disease is a common but frequently misunderstood illness that, if not caught early and treated properly, can cause serious health problems. (2) Lyme disease is a bacterial infection that is transmitted by a tick bite. Early signs of infection may include a ra...
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Untreated, Lyme disease can lead to severe heart, neurological, eye, and joint problems because the bacteria can affect many different organs and organ systems. (4) If an individual with Lyme disease does not receive treatment, such individual can develop severe heart, neurological, eye, and joint problems. (5) Althoug...
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All of these diseases in 1 patient makes diagnosis and treatment more difficult. (6) Although tick-borne disease cases have been reported in 49 States and the District of Columbia, about 90 percent of the 15,000 cases have been reported in the following 10 States: Connecticut, Pennsylvania, New York, New Jersey, Rhode ...
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(7) Persistence of symptomatology in many patients without reliable testing makes treatment of patients more difficult. 2. Establishment of a tick-borne disorders advisory committee (a) Establishment of committee Not later than 180 days after the date of enactment of this Act, there shall be established an advisory c...
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(b) Duties The Committee shall advise the Secretary and Assistant Secretary of Health regarding how to— (1) assure interagency coordination and communication and minimize overlap regarding efforts to address tick-borne disorders; (2) identify opportunities to coordinate efforts with other Federal agencies and private ...
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(c) Membership (1) Appointed members (A) In general The Secretary of Health and Human Services shall appoint voting members to the Committee from among the following member groups: (i) Scientific community members. (ii) Representatives of tick-borne disorder voluntary organizations. (iii) Health care providers. (iv)...
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(B) Requirement The Secretary shall ensure that an equal number of individuals are appointed to the Committee from each of the member groups described in clauses (i) through (v) of subparagraph (A). (2) Ex officio members The Committee shall have nonvoting ex officio members determined appropriate by the Secretary. (...
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(e) Term of appointment All members shall be appointed to serve on the Committee for 4 year terms. (f) Vacancy If there is a vacancy on the Committee, such position shall be filled in the same manner as the original appointment. Any member appointed to fill a vacancy for an unexpired term shall be appointed for the r...
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(g) Meetings The Committee shall hold public meetings, except as otherwise determined by the Secretary, giving notice to the public of such, and meet at least twice a year with additional meetings subject to the call of the co-chairpersons. Agenda items can be added at the request of the Committee members, as well as ...
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(h) Reports (1) In general Not later than 24 months after the date of enactment of this Act, and annually thereafter, the Secretary shall submit to Congress a report on the activities carried out under this Act. (2) Content Such reports shall describe— (A) progress in the development of accurate diagnostic tools tha...
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(i) Authorization of appropriations There is authorized to be appropriated to carry out this Act, $250,000 for each of fiscal years 2004 and 2005. Amounts appropriated under this subsection shall be used for the expenses and per diem costs incurred by the Committee under this section in accordance with the Federal Adv...
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Authorization for research funding There is authorized to be appropriated $10,000,000 for each of fiscal years 2004 through 2008 to provide for research and educational activities concerning Lyme disease and other tick-borne disorders, and to carry out efforts to prevent Lyme disease and other tick-borne disorders. 4....
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the Committee, and other agencies, should consider carrying out the following: (1) Five-year plan It is the sense of the Congress that the Secretary should consider the establishment of a plan that, for the five fiscal years following the date of the enactment of this Act, provides for the activities to be carried out...
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(2) First goal: diagnostic test The goal described in this paragraph is to develop a diagnostic test for Lyme disease and other tick-borne disorders for use in clinical testing. (3) Second goal: surveillance and reporting of Lyme disease and other tick-borne disorders The goal described in this paragraph is to accura...
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(4) Third goal: prevention of lyme disease and other tick-borne disorders The goal described in this paragraph is to develop the capabilities at the Department of Health and Human Services to design and implement improved strategies for the prevention and control of Lyme disease and other tick-borne diseases. Such dis...
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1. Short title; table of contents (a) Short title This Act may be cited as the Oceans Conservation, Education, and National Strategy for the 21st Century Act. (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents Sec. 2. Findings Sec. 3. Purpose Sec. 4. Definit...
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202. Determination of compliance with national oceans policy and national standards Sec. 203. Implementation Sec. 204. Stricter standards Title III—National Oceanic and Atmospheric Administration Sec. 301. Existence in Department of Commerce; mission Sec. 302. Administrator; functions Sec. 303. Other officers Sec. 304....
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Report of recommendations for reorganization to establish a Department of Natural Resources Title IV—National Oceans Advisor Sec. 401. Executive Advisor; mission Sec. 402. Staffing Title V—National Oceans Council Sec. 501. Establishment of Council; mission Sec. 502. Chair; membership; functions Sec. 503. Limitations on...
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Meetings Title VII—Regional Planning Sec. 701. Findings Sec. 702. Designation of ocean regions; Regional Administrators Sec. 703. Regional Ocean Councils Sec. 704. Regional Ocean Ecosystem Plans Sec. 705. Consistency requirements Sec. 706. Regional Ocean Council advisory committees Sec. 707. Financial assistance to Sta...
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National Strategy for Ocean and Coastal Science Sec. 803. National Ocean Partnership Program Sec. 804. Ocean Research and Education Advisory Panel Sec. 805. Marine ecosystems research Sec. 806. Authorization of appropriations Title IX—Ocean Education Sec. 901. Subcommittee on Ocean Education Sec. 902. Ocean and coastal...
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National ocean awareness media campaign Sec. 907. Authorization of appropriations Title X—Ocean Exploration Sec. 1001. National Oceanic and Atmospheric Administration Office of Ocean Exploration Sec. 1002. Subcommittee on Ocean Exploration Sec. 1003. Authorization of appropriations Title XI—Ocean and Great Lakes Conser...
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Sunset Sec. 1106. Community assistance formula and payments Sec. 1107. Approval of State funding and spending plans 2. Findings The Congress finds the following: (1) United States ocean waters and the ocean resources they contain are vital for the national security, environment, economy, and culture of the United Stat...
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(3) These ocean resources are the property of the people of the United States, are held in trust for them by Federal, State, local, and tribal governments, and should be managed to preserve the full range of their benefits for present and future generations. (4) Marine, terrestrial, and atmospheric systems are interdep...
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(6) A variety of threats and practices have caused dramatic declines in the health and productivity of coastal and marine ecosystems of the United States. Among the major threats to marine ecosystem health are— (A) global climate change; (B) chemical, nutrient, and biological pollution; (C) unwise land use and coastal ...
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(8) Activities harming coastal and marine ecosystems jeopardize the economies and social structure of coastal communities dependent on these resources. (9) While there is a plethora of laws, government agencies, and programs dealing with coastal resources and ocean resources, activities thereunder are poorly coordinate...
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3. Purpose The purpose of this Act is to secure, for present and future generations of people of the United States, the full range of environmental, economic, educational, social, cultural, nutritional, and recreational benefits of healthy marine ecosystems, by— (1) establishing a comprehensive national oceans policy ...
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(4) providing a mechanism through which compliance with this Act can be assured; (5) consolidating and restructuring Federal ocean programs to support this Act; and (6) promoting ecologically sustainable ocean resource management by strengthening and empowering ocean governance. 4. Definitions In this Act: (1) Covered...
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(2) Administrator The term Administrator means the Administrator of the National Oceanic and Atmospheric Administration. (3) Administration The term Administration means the National Oceanic and Atmospheric Administration provided for in section 301. (4) Advisor The term Advisor means the National Oceans Advisor app...
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(6) Ecologically sustainable The term ecologically sustainable means capable of maintaining biological diversity and ecosystem structure and functioning from 1 human generation to the next, so as not to deny future generations the goods and services provided by marine ecosystems that are enjoyed today. (7) Function T...
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(8) Marine ecosystem health and health of marine ecosystems Each of the terms marine ecosystem health and health of marine ecosystems means the ability of a marine ecosystem to support and maintain a productive and resilient community of organisms, having a species composition, diversity, and functional organization r...
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and microbial environment that is supportive of the requirements of this paragraph.
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(9) Healthy marine ecosystem The term healthy marine ecosystem means a marine ecosystem with the ability to support and maintain a productive and resilient community of organisms, having a species composition, diversity, and functional organization resulting from the natural habitat of the region, such that it provide...
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(10) Ecosystem-based management The term ecosystem-based management means an approach to the management of human activities and natural resources affected by such activities that incorporates the following: (A) Long term ecological sustainability. (B) Clear, operational goals, with reference to a desired future status...
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(F) Attention to context and scale, as necessary to align decision processes with ecosystem processes that vary across space and time. (G) Acknowledgement of humans as ecosystem components who must be engaged to achieve long term management goals. (H) Accountability. (I) Identification of uncertainties. (J) Adaptivenes...
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(11) United States ocean waters The term United States ocean waters means the zone extending from the baseline from which the breadth of the United States territorial sea is measured to the extent of the Exclusive Economic Zone as specified in Presidential Proclamation Number 5030, dated March 10, 1983, including the ...
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(13) Coastal The term coastal includes coastal areas of United States ocean waters of the Great Lakes. (14) Marine The term marine includes of or relating to United States ocean waters of the Great Lakes. (15) Regional Ocean Council The term Regional Ocean Council means such a council established by the Administrato...
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(17) Qualified Outer Continental Shelf revenues The term `qualified Outer Continental Shelf revenues' means (except as otherwise provided in this paragraph) all moneys received by the United States from each leased tract or portion of a leased tract lying seaward of the zone defined and governed by section 8(g) of the...
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1337(g) ), or lying within such zone but to which section 8(g) does not apply, the geographic center of which lies within a distance of 200 miles from any part of the coastline of any coastal State, including bonus bids, rents, royalties (including payments for royalty taken in kind and sold), net profit share payments...
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Such term does not include any revenues from a leased tract or portion of a leased tract that is located in a geographic area subject to a leasing moratorium on January 1, 2001, unless the lease was issued prior to the establishment of the moratorium and was in production on January 1, 2001.
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(18) Coastal State The term coastal State — (A) means a State of the United States in, or bordering on, the Atlantic, Pacific, or Arctic Ocean, the Gulf of Mexico, Long Island Sound, or 1 or more of the Great Lakes; and (B) includes Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Island...
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(19) Coastal political subdivision The term coastal political subdivision means a political subdivision of a coastal State all or part of which political subdivision is within the coastal zone (as defined in section 304 of the Coastal Zone Management Act of 1972 (16 U.S.C.1453)). (20) Coastal population density The t...
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National oceans policy (a) Policy The Congress declares that it is the continuing policy of the United States to protect, maintain, and restore the health of marine ecosystems in order to fulfill the social, economic, and other requirements of present and future generations of Americans. (b) Responsibility of Federal...
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(2) require that ocean resources be used in a manner that is ecologically sustainable; (3) manage covered actions affecting the oceans on an ecosystem basis; (4) exercise precaution in support of protecting, restoring, and maintaining the health of marine ecosystems in the case of uncertain or inadequate information; (...
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(8) adapt in a timely manner to new information on the health of marine ecosystems and the effectiveness of management decisions; (9) be equitable and transparent, and promote cooperation among all stakeholders; and (10) provide accountability. 201.
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National standards (a) Establishment of standards To the fullest extent possible the policies, regulations, and Public Laws of the United States shall be interpreted and administered in accordance with the following national standards: (1) Covered actions affecting United States ocean waters or ocean resources must b...
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(2) Any covered action that may significantly affect United States ocean waters or ocean resources may proceed only if the covered action, individually and in combination with other covered actions— (A) is not likely to significantly harm the health of any marine ecosystem; and (B) is not likely to significantly impede...
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(4) To the extent practicable, and consistent with other provisions of this Act, including the other National Standards under this subsection, adverse social and economic impacts on communities that are significantly resource dependent shall be minimized. Consideration of impacts on resource dependent communities shall...
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(b) Rulemaking (1) Application of national standards to covered actions Within 12 months after the date of the enactment of this Act, the Administrator, in consultation with the National Oceans Council, shall issue regulations that shall govern the application of the national standards set forth in subsection (a) wit...
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Determination of compliance with national oceans policy and national standards (a) Requirement Any determination of whether a covered action complies with section 201 shall be made in accordance with (1) regulations issued under section 201; and (2) any applicable Regional Ocean Ecosystem Plan that is approved or pre...
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(c) Guidance Within 12 months after the date of the enactment of this Act, the Administrator, in consultation with the National Oceans Council, shall issue detailed guidance to the Regional Ocean Councils, based on the national standards listed in section 201, for the issuance of Regional Ocean Ecosystem Plans under t...
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The guidance shall address— (1) assessing and monitoring the health of marine ecosystems; (2) how to apply the definition of marine ecosystem health at the regional level, including establishing marine ecosystem health criteria and indicators; (3) predicting the likely effects of proposed covered actions on the health ...
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(d) National Research Council To assist the Administrator in issuing guidance under subsection (c), the Administrator may request the National Research Council to— (1) convene a panel with expertise on marine science and the management of ocean resources to develop recommendations; and (2) update such recommendations ...
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(b) Compliance review In conducting an environmental review authorized under the National Environmental Policy Act of 1969 , the head of each Federal agency shall, after consultation with the Administrator, include in the review an assessment of the impact of the proposed covered action on the health of marine ecosyst...
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(c) Changes or alternatives If the Administrator determines that a proposed covered action is not in compliance with the policies, national standards, and any applicable approved Regional Ocean Ecosystem Plan under this Act, the Administrator shall propose changes or alternatives to the proposed covered action that wo...
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(2) Policies and procedures for appeals The National Oceans Council shall issue policies and procedures for hearing appeals under this subsection. (3) Determination of appeal If an appeal is granted, the National Oceans Council shall, by a vote of at least two-thirds of the members of the Council, determine whether o...
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(4) Conditional determination of compliance (A) Conditional determination The National Oceans Council may determine that a proposed covered action is in compliance with this Act subject to the agency complying, in conducting the action, with requirements, restrictions, or other conditions established by the National ...
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(5) Referral to President If the National Oceans Council does not determine in accordance with paragraph (2) that the proposed covered action is in compliance with the policies and national standards set forth in this Act— (A) the National Oceans Council shall, by vote of a majority of the members of the Council, appr...
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(e) Ensuring compliance The head of each Federal agency and department shall ensure that final covered actions of such agency or department comply with this Act, including the implementation of changes recommended by the Administrator, the Council, or the President. 204.
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Stricter standards Nothing in this Act shall be construed to limit the authority of a local or State government or the Federal Government to establish more stringent standards, requirements, or restrictions within their respective jurisdictions, in order to provide greater protection of marine ecosystem health (includ...
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4 of 1970 shall have no further force or effect. (b) Mission The primary mission of the Administration is to— (1) act as the non-military Federal agency with responsibility for providing oversight of all United States ocean waters and ocean resources; (2) understand and predict changes in the Earth’s environment and c...
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(c) Duties It is the duty of the Administration to— (1) protect, maintain, and restore the health of marine ecosystems through ecosystem-based management in the United States; (2) assess climate variability and change to understand and predict climate system dynamics and the impacts of coupled atmosphere/oceans/land s...
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(5) use the best available technology to explore and map United States ocean waters, and work collaboratively with other countries to use the best available technology to explore and map their ocean waters, in order to better understand ocean dynamics; (6) educate the United States about earth’s dynamic biosphere and h...
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and recreational benefits of healthy marine ecosystems; and (9) perform functions authorized to be carried out by the National Oceanic and Atmospheric Administration immediately before the enactment of this Act. (d) Offices There shall be in the Administration the following offices: (1) The Office of Oceans Ecosystem ...
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(3) The Office of Oceans and Atmospheric Research and Data Services, which, subject to the other provisions of this Act, shall perform the functions performed immediately before the enactment of this Act by— (A) the Office of Ocean and Atmospheric Research; and (B) the National Environmental Satellite, Data, and Inform...
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(5) The Office of Personnel, Program, and Facilities Management, which, subject to the other provisions of this Act, shall perform the functions performed immediately before the enactment of this Act by— (A) the Office of Program Planning and Integration; and (B) Office of Marine and Aviation Operations. 302. Administr...
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The Under Secretary shall be the Administrator of the National Oceanic and Atmospheric Administration, and shall be appointed by the President, by and with the advice and consent of the Senate. (2) Head of agency The Administrator— (A) is the head of the Administration; and (B) shall be responsible for ensuring that t...
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(4) Pay The Administrator shall be paid at the rate of basic pay for level III of the Executive Schedule under section 5314 of title 5, United States Code. (b) Authorities The Administrator— (1) except as otherwise provided in this Act, may delegate any of the Administrator’s functions to any officer, employee, or or...
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as may be necessary and proper to carry out the Administrator’s responsibilities under this Act or as otherwise provided by law; (3) shall take reasonable steps to ensure that information systems and databases of the Administration are compatible with each other and with appropriate databases of other agencies; (4) has...
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and (8) may prescribe external affairs, including legal, legislative, and public affairs. (c) Coordination with non-federal entities With respect to the duties of the Administration under section 301(c), the Administrator shall coordinate with State and local government personnel, agencies, and authorities, with the p...
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management, and utilization of United States ocean waters and the effects of those trends on the social, economic, recreational, and other requirements of the United States; (3) a review of the programs and covered actions (including regulatory activities) of the Federal Government, State and local governments, and non...
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and (5) a program for remedying the deficiencies of existing programs and activities, including recommendations for legislation. 303. Other officers (a) Deputy Administrator (1) In general There is a Deputy Administrator of the National Oceanic and Atmospheric Administration, who shall be appointed by the Administra...
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(2) Functions The Deputy Administrator is— (A) the Administrator’s first assistant and serves as an advisor to the Administrator on all program and policy issues; (B) responsible for ensuring the timely and effective implementation of Administration policies and objectives; and (C) acts in the position of the Administ...