US (United States) Code. Title 42. Chapter 97: Acid precipitation program and carbone dioxide study

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON

DIOXIDE STUDY 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

-HEAD-

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

-MISC1-

SUBCHAPTER I - ACID PRECIPITATION

Sec.

8901. Introductory provisions.

(a) Congressional statement of findings and

purpose.

(b) Congressional declaration of purpose.

(c) "Acid precipitation" defined.

8902. Comprehensive ten-year program.

(a) Implementation by Acid Precipitation Task

Force; membership, etc., of Task Force.

(b) Research management consortium; membership,

responsibilities, etc.

(c) Director of research program.

8903. Comprehensive research plan.

(a) Preparation by Task Force for ten-year program;

purposes.

(b) Scope.

(c) Procedures applicable.

(d) Convening of Task Force.

(e) Submission of annual report to President and

Congress by Task Force.

(f) Applicability of other statutory provisions to

Task Force or plan.

8904. Implementation of comprehensive plan; new or existing

regulatory authorities, etc., not granted or

modified.

8905. Authorization of appropriations.

8906. Updated data base on acid content in precipitation;

new monitoring site not required.

SUBCHAPTER II - CARBON DIOXIDE

8911. Comprehensive study of projected impact on atmospheric

levels of fossil fuel combustion, etc.

(a) Implementing agreement between Director of

Office of Science and Technology and National

Academy of Sciences; contents; conduct; status

report by President respecting negotiations of

Office.

(b) Final report by Office and Academy; contents;

prior clearance or review of work of Academy;

recommendations.

(c) Information from other Federal agencies and

departments.

(d) Separate assessment by Office of interagency

implementation requirements.

8912. Authorization of appropriations.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in section 7403 of this title.

-End-

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42 USC SUBCHAPTER I - ACID PRECIPITATION 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER I - ACID PRECIPITATION

-HEAD-

SUBCHAPTER I - ACID PRECIPITATION

-End-

-CITE-

42 USC Sec. 8901 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER I - ACID PRECIPITATION

-HEAD-

Sec. 8901. Introductory provisions

-STATUTE-

(a) Congressional statement of findings and purpose

The Congress finds and declares that acid precipitation resulting

from other than natural sources -

(1) could contribute to the increasing pollution of natural and

man-made water systems;

(2) could adversely affect agricultural and forest crops;

(3) could adversely affect fish and wildlife and natural

ecosystems generally;

(4) could contribute to corrosion of metals, wood, paint, and

masonry used in construction and ornamentation of buildings and

public monuments;

(5) could adversely affect public health and welfare; and

(6) could affect areas distant from sources and thus involve

issues of national and international policy.

(b) Congressional declaration of purpose

The Congress declares that it is the purpose of this subchapter -

(1) to identify the causes and sources of acid precipitation;

(2) to evaluate the environmental, social, and economic effects

of acid precipitation; and

(3) based on the results of the research program established by

this subchapter and to the extent consistent with existing law,

to take action to the extent necessary and practicable (A) to

limit or eliminate the identified emissions which are sources of

acid precipitation, and (B) to remedy or otherwise ameliorate the

harmful effects which may result from acid precipitation.

(c) "Acid precipitation" defined

For purposes of this subchapter the term "acid precipitation"

means the wet or dry deposition from the atmosphere of acid

chemical compounds.

-SOURCE-

(Pub. L. 96-294, title VII, Sec. 702, June 30, 1980, 94 Stat. 770.)

-MISC1-

SHORT TITLE

Section 701 of title VII Pub. L. 96-294 provided that: "This

title [enacting this chapter] may be cited as the 'Acid

Precipitation Act of 1980'."

-End-

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42 USC Sec. 8902 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER I - ACID PRECIPITATION

-HEAD-

Sec. 8902. Comprehensive ten-year program

-STATUTE-

(a) Implementation by Acid Precipitation Task Force; membership,

etc., of Task Force

There is hereby established a comprehensive ten-year program to

carry out the provisions of this subchapter; and to implement this

program there shall be formed an Acid Precipitation Task Force

(hereafter in this subchapter referred to as the "Task Force"), of

which the Secretary of Agriculture, the Administrator of the

Environmental Protection Agency, and the Administrator of the

National Oceanic and Atmospheric Administration shall be joint

chairmen. The remaining membership of the Task Force shall consist

of -

(1) one representative each from the Department of the

Interior, the Department of Health and Human Services, the

Department of Commerce, the Department of Energy, the Department

of State, the National Aeronautics and Space Administration, the

Council on Environmental Quality, the National Science

Foundation, and the Tennessee Valley Authority;

(2) the director of the Argonne National Laboratory, the

director of the Brookhaven National Laboratory, the director of

the Oak Ridge National Laboratory, and the director of the

Pacific Northwest National Laboratory; and

(3) four additional members to be appointed by the President.

(b) Research management consortium; membership, responsibilities,

etc.

The four National Laboratories (referred to in subsection (a)(2)

of this section) shall constitute a research management consortium

having the responsibilities described in section 8903(b)(13) of

this title as well as the general responsibilities required by

their representation on the Task Force. In carrying out these

responsibilities the consortium shall report to, and act pursuant

to direction from, the joint chairmen of the Task Force.

(c) Director of research program

The Administrator of the National Oceanic and Atmospheric

Administration shall serve as the director of the research program

established by this subchapter.

-SOURCE-

(Pub. L. 96-294, title VII, Sec. 703, June 30, 1980, 94 Stat. 771.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8905 of this title.

-End-

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42 USC Sec. 8903 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER I - ACID PRECIPITATION

-HEAD-

Sec. 8903. Comprehensive research plan

-STATUTE-

(a) Preparation by Task Force for ten-year program; purposes

The Task Force shall prepare a comprehensive research plan for

the ten-year program (hereafter in this subchapter referred to as

the "comprehensive plan"), setting forth a coordinated program (1)

to identify the causes and effects of acid precipitation and (2) to

identify actions to limit or ameliorate the harmful effects of acid

precipitation.

(b) Scope

The comprehensive plan shall include programs for -

(1) identifying the sources of atmospheric emissions

contributing to acid precipitation;

(2) establishing and operating a nationwide long-term

monitoring network to detect and measure levels of acid

precipitation;

(3) research in atmospheric physics and chemistry to facilitate

understanding of the processes by which atmospheric emissions are

transformed into acid precipitation;

(4) development and application of atmospheric transport models

to enable prediction of long-range transport of substances

causing acid precipitation;

(5) defining geographic areas of impact through deposition

monitoring, identification of sensitive areas, and identification

of areas at risk;

(6) broadening of impact data bases through collection of

existing data on water and soil chemistry and through temporal

trend analysis;

(7) development of dose-response functions with respect to

soils, soil organisms, aquatic and amphibious organisms, crop

plants, and forest plants;

(8) establishing and carrying out system studies with respect

to plant physiology, aquatic ecosystems, soil chemistry systems,

soil microbial systems, and forest ecosystems;

(9) economic assessments of (A) the environmental impacts

caused by acid precipitation on crops, forests, fisheries, and

recreational and aesthetic resources and structures, and (B)

alternative technologies to remedy or otherwise ameliorate the

harmful effects which may result from acid precipitation;

(10) documenting all current Federal activities related to

research on acid precipitation and ensuring that such activities

are coordinated in ways that prevent needless duplication and

waste of financial and technical resources;

(11) effecting cooperation in acid precipitation research and

development programs, ongoing and planned, with the affected and

contributing States and with other sovereign nations having a

commonality of interest;

(12) subject to subsection (f)(1) of this section, management

by the Task Force of financial resources committed to Federal

acid precipitation research and development;

(13) subject to subsection (f)(2) of this section, management

of the technical aspects of Federal acid precipitation research

and development programs, including but not limited to (A) the

planning and management of research and development programs and

projects, (B) the selection of contractors and grantees to carry

out such programs and projects, and (C) the establishment of peer

review procedures to assure the quality of research and

development programs and their products; and

(14) analyzing the information available regarding acid

precipitation in order to formulate and present periodic

recommendations to the Congress and the appropriate agencies

about actions to be taken by these bodies to alleviate acid

precipitation and its effects.

(c) Procedures applicable

The comprehensive plan -

(1) shall be submitted in draft form to the Congress, and for

public review, within six months after June 30, 1980;

(2) shall be available for public comment for a period of sixty

days after its submission in draft form under paragraph (1);

(3) shall be submitted in final form, incorporating such needed

revisions as arise from comments received during the review

period, to the President and the Congress within forty-five days

after the close of the period allowed for comments on the draft

comprehensive plan under paragraph (2); and

(4) shall constitute the basis on which requests for

authorizations and appropriations are to be made for the nine

fiscal years following the fiscal year in which the comprehensive

plan is submitted in final form under paragraph (3).

(d) Convening of Task Force

The Task Force shall convene as necessary, but no less than twice

during each fiscal year of the ten-year period covered by the

comprehensive plan.

(e) Submission of annual report to President and Congress by Task

Force

The Task Force shall submit to the President and the Congress by

January 15 of each year an annual report which shall detail the

progress of the research program under this subchapter and which

shall contain such recommendations as are developed under

subsection (b)(14) of this section.

(f) Applicability of other statutory provisions to Task Force or

plan

(1) Subsection (b)(12) of this section shall not be construed as

modifying, or as authorizing the Task Force or the comprehensive

plan to modify, any provision of an appropriation Act (or any other

provision of law relating to the use of appropriated funds) which

specifies (A) the department or agency to which funds are

appropriated, or (B) the obligations of such department or agency

with respect to the use of such funds.

(2) Subsection (b)(13) of this section shall not be construed as

modifying, or as authorizing the Task Force or the comprehensive

plan to modify, any provision of law (relating to or involving a

department or agency) which specifies (A) procurement practices for

the selection, award, or management of contracts or grants by such

department or agency, or (B) program activities, limitations,

obligations, or responsibilities of such department or agency.

-SOURCE-

(Pub. L. 96-294, title VII, Sec. 704, June 30, 1980, 94 Stat. 771.)

-MISC1-

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(e) of this section relating to the requirement that the Task Force

submit an annual report to Congress, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and the 1st item on page 153 of House

Document No. 103-7.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 8902, 8904, 8905 of this

title.

-End-

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42 USC Sec. 8904 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER I - ACID PRECIPITATION

-HEAD-

Sec. 8904. Implementation of comprehensive plan; new or existing

regulatory authorities, etc., not granted or modified

-STATUTE-

(a) The comprehensive plan shall be carried out during the nine

fiscal years following the fiscal year in which the comprehensive

plan is submitted in its final form under section 8903(c)(3) of

this title; and -

(1) shall be carried out in accord with, and meet the program

objectives specified in, paragraphs (1) through (11) of section

8903(b) of this title;

(2) shall be managed in accord with paragraphs (12) through

(14) of such section; and

(3) shall be funded by annual appropriations, subject to annual

authorizations which shall be made for each fiscal year of the

program (as provided in section 8905 of this title) after the

submission of the Task Force progress report which under section

8903(e) of this title is required to be submitted by January 15

of the calendar year in which such fiscal year begins.

(b) Nothing in this subchapter shall be deemed to grant any new

regulatory authority or to limit, expand, or otherwise modify any

regulatory authority under existing law, or to establish new

criteria, standards, or requirements for regulation under existing

law.

-SOURCE-

(Pub. L. 96-294, title VII, Sec. 705, June 30, 1980, 94 Stat. 773.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8905 of this title.

-End-

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42 USC Sec. 8905 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER I - ACID PRECIPITATION

-HEAD-

Sec. 8905. Authorization of appropriations

-STATUTE-

(a) For the purpose of establishing the Task Force and developing

the comprehensive plan under section 8903 of this title there is

authorized to be appropriated to the National Oceanic and

Atmospheric Administration for fiscal year 1981 the sum of

$5,000,000 to remain available until expended.

(b) Authorizations of appropriations for the nine fiscal years

following the fiscal year in which the comprehensive plan is

submitted in final form under section 8903(c)(3) of this title, for

purposes of carrying out the comprehensive ten-year program

established by section 8902(a) of this title and implementing the

comprehensive plan under sections 8903 and 8904 of this title,

shall be provided on an annual basis in authorization Acts

hereafter enacted; but the total sum of dollars authorized for such

purposes for such nine fiscal years shall not exceed $45,000,000

except as may be specifically provided by reference to this

paragraph in the authorization Acts involved.

-SOURCE-

(Pub. L. 96-294, title VII, Sec. 706, June 30, 1980, 94 Stat. 773.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8904 of this title.

-End-

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42 USC Sec. 8906 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER I - ACID PRECIPITATION

-HEAD-

Sec. 8906. Updated data base on acid content in precipitation; new

monitoring site not required

-STATUTE-

(a)(1) The National Weather Service of the National Oceanic and

Atmospheric Administration shall maintain an updated data base

describing the acid content in precipitation in the United States,

using information from Federal acid precipitation monitoring sites.

(2) Such data shall be available to interested parties by Weather

Service Forecast Offices in the National Weather Service, or

through such other facilities or means as the Assistant

Administrator for Weather Services, National Oceanic and

Atmospheric Administration, shall direct, for those areas of the

United States where and at such time as such information is

presently available, within 120 days after November 17, 1988.

(3) Where other Federal agencies collect such data in the course

of carrying out their statutory missions, the heads of those

agencies and the Administrator of the National Oceanic and

Atmospheric Administration shall arrange for the transfer of such

data to the National Weather Service.

(b) Nothing in this section shall be construed to require any

Federal agency to establish any new acid precipitation monitoring

site.

-SOURCE-

(Pub. L. 100-685, title IV, Sec. 414, Nov. 17, 1988, 102 Stat.

4101.)

-COD-

CODIFICATION

Section was enacted as part of the National Aeronautics and Space

Administration Authorization Act, Fiscal Year 1989, and not as part

of the Acid Precipitation Act of 1980 which comprises this chapter.

-End-

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42 USC SUBCHAPTER II - CARBON DIOXIDE 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER II - CARBON DIOXIDE

-HEAD-

SUBCHAPTER II - CARBON DIOXIDE

-End-

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42 USC Sec. 8911 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER II - CARBON DIOXIDE

-HEAD-

Sec. 8911. Comprehensive study of projected impact on atmospheric

levels of fossil fuel combustion, etc.

-STATUTE-

(a) Implementing agreement between Director of Office of Science

and Technology and National Academy of Sciences; contents;

conduct; status report by President respecting negotiations of

Office

(1) The Director of the Office of Science and Technology Policy

shall enter into an agreement with the National Academy of Sciences

to carry out a comprehensive study of the projected impact, on the

level of carbon dioxide in the atmosphere, of fossil fuel

combustion, coal-conversion and related synthetic fuels activities

authorized in this Act, and other sources. Such study should also

include an assessment of the economic, physical, climatic, and

social effects of such impacts. In conducting such study the Office

and the Academy are encouraged to work with domestic and foreign

governmental and non-governmental entities, and international

entities, so as to develop an international, worldwide assessment

of the problems involved and to suggest such original research on

any aspect of such problems as the Academy deems necessary.

(2) The President shall report to the Congress within six months

after June 30, 1980, regarding the status of the Office's

negotiations to implement the study required under this section.

(b) Final report by Office and Academy; contents; prior clearance

or review of work of Academy; recommendations

A report including the major findings and recommendations

resulting from the study required under this section shall be

submitted to the Congress by the Office and the Academy not later

than three years after June 30, 1980. The Academy contribution to

such report shall not be subject to any prior clearance or review,

nor shall any prior clearance or conditions be imposed on the

Academy as part of the agreement made by the Office with the

Academy under this section. Such report shall in any event include

recommendations regarding -

(1) how a long-term program of domestic and international

research, monitoring, modeling, and assessment of the causes and

effects of varying levels of atmospheric carbon dioxide should be

structured, including comments by the Office on the interagency

requirements of such a program and comments by the Secretary of

State on the international agreements required to carry out such

a program;

(2) how the United States can best play a role in the

development of such a long-term program on an international

basis;

(3) what domestic resources should be made available to such a

program;

(4) how the ongoing United States Government carbon dioxide

assessment program should be modified so as to be of increased

utility in providing information and recommendations of the

highest possible value to government policy makers; and

(5) the need for periodic reports to the Congress in

conjunction with any long-term program the Office and the Academy

may recommend under this section.

(c) Information from other Federal agencies and departments

The Secretary of Energy, the Secretary of Commerce, the

Administrator of the Environmental Protection Agency, and the

Director of the National Science Foundation shall furnish to the

Office or the Academy upon request any information which the Office

or the Academy determines to be necessary for purposes of

conducting the study required by this section.

(d) Separate assessment by Office of interagency implementation

requirements

The Office shall provide a separate assessment of the interagency

requirements to implement a comprehensive program of the type

described in the third sentence of subsection (b) of this section.

-SOURCE-

(Pub. L. 96-294, title VII, Sec. 711, June 30, 1980, 94 Stat. 774.)

-REFTEXT-

REFERENCES IN TEXT

This Act, referred to in subsec. (a), is Pub. L. 96-294, June 30,

1980, 94 Stat. 611, as amended, known as the Energy Security Act.

For complete classification of this Act to the Code, see Short

Title note set out under section 8801 of this title and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 8912 of this title.

-End-

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42 USC Sec. 8912 01/06/03

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TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 97 - ACID PRECIPITATION PROGRAM AND CARBON DIOXIDE STUDY

SUBCHAPTER II - CARBON DIOXIDE

-HEAD-

Sec. 8912. Authorization of appropriations

-STATUTE-

For the expenses of carrying out the carbon dioxide study

authorized by section 8911 of this title (as determined by the

Office of Science and Technology Policy) there are authorized to be

appropriated such sums, not exceeding $3,000,000 in the aggregate,

as may be necessary. At least 80 percent of any amounts

appropriated pursuant to the preceding sentence shall be provided

to the National Academy of Sciences.

-SOURCE-

(Pub. L. 96-294, title VII, Sec. 712, June 30, 1980, 94 Stat. 775.)

-End-