[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1505 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1505

To amend the Federal Land Policy and Management Act of 1976 to enhance 
        the management of Federal lands, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 30 (legislative day, September 27), 1993

 Mr. Hatfield introduced the following bill; which was read twice and 
       referred to the Committee on Energy and Natural Resources

_______________________________________________________________________

                                 A BILL


 
To amend the Federal Land Policy and Management Act of 1976 to enhance 
        the management of Federal lands, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Natural Resource Employment 
Transition Assistance Act of 1993''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) more than 450 million acres of Federal land are 
        administered as public lands (as the term is defined in section 
        103(e) of the Federal Land Policy and Management Act of 1976 
        (43 U.S.C. 1702(e)) by the Bureau of Land Management of the 
        Department of the Interior;
            (2) most of the public lands are located in 11 western 
        States and Alaska;
            (3) the public lands constitute the largest Federal land 
        management system and comprise over 60 percent of all federally 
        owned real property;
            (4) as much as 75 percent of the 2.2 billion acres of land 
        in the United States has been in the public domain, including 
        practically all the lands within the boundaries of all States 
        excluding Texas and Hawaii;
            (5) pursuant to the policies set forth in the Federal Land 
        Policy and Management Act of 1976 (42 U.S.C. 1701 et seq.), the 
        Bureau of Land Management manages most public lands;
            (6) the Secretary of the Interior (referred to in this 
        section as the ``Secretary'') is required to manage public 
        lands according to multiple use and sustained yield principles 
        involving an interdisciplinary approach that includes physical, 
        biological, and economic disciplines, and is required to weigh 
        long-term benefits to the public against short-term gains;
            (7) in the management of public lands, the Secretary is 
        required to give special consideration to the designation and 
        protection of critical environmental areas;
            (8) the Secretary is authorized to withdraw land for the 
        purpose of limiting activities to maintain other public values 
        in an area, or to reserve the area for a specific purpose;
            (9) many withdrawals curtail or adversely affect economic 
        uses of the public lands;
            (10) the Secretary is authorized to regulate the use, 
        occupancy, and development of public lands through such 
        instruments as rules, easements, licenses, leases, and permits;
            (11) the Secretary may order a suspension of the 
        instruments described in paragraph (10) if the Secretary 
        determines that the suspension is necessary to protect public 
        health or safety, or the environment;
            (12) the Secretary has promulgated and follows guidelines 
        for land use planning on all public lands managed by the Bureau 
        of Land Management;
            (13) public lands are widely seen as valuable national 
        assets, capable of providing the best public benefits through 
        continued Federal ownership, but are sorely in need of more 
        effective economic management;
            (14) many workers have suffered adverse economic conditions 
        caused by Federal laws and regulations that govern the use of 
        natural resources on public lands;
            (15) many of the workers who have been dislocated by 
        restrictions placed on the use of public domain lands limiting 
        the use of natural resources have unique skills that are not 
        readily transferable to other industries;
            (16) reemployment opportunities are often limited in the 
        area in which the workers were formerly employed;
            (17) economic assistance is necessary for workers who have 
        been dislocated because Federal policies have led to their 
        economic hardships;
            (18) assistance programs are often inadequate or 
        nonexistent for workers who have lost their jobs and are in 
        need of assistance as a result of Federal land management 
        decisions affecting public land;
            (19) there is a need for financial and technical assistance 
        for workers who have suffered adverse economic conditions; and
            (20) an assistance program should be established that 
        promotes technical, financial, and other types of assistance to 
        workers.

SEC. 3. PURPOSE.

    It is the purpose of this Act to improve the ability of the 
Secretary of the Interior to manage the public lands of the United 
States pursuant to the requirements of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1701 et seq.) by providing an 
assistance program for workers who were or are currently threatened to 
be dislocated from employment as a result of restrictions placed on 
public lands.

SEC. 4. NATURAL RESOURCE EMPLOYMENT TRANSITION ASSISTANCE.

    (a) Economic Impact Statement.--Section 204(b) of the Federal Land 
Policy and Management Act of 1976 (43 U.S.C. 1714(b)) is amended by 
adding at the end the following new paragraph:
    ``(3)(A) The Secretary shall include with each notice published 
pursuant to paragraph (1) a detailed statement of the economic impact 
of the proposed withdrawal. The economic impact statement shall 
accompany the proposal for withdrawal through the agency review 
process.
    ``(B) The economic impact statement shall include an analysis of--
            ``(i) the economic impact of the proposed withdrawal on 
        Federal, State, and local revenues, the local tax bases, school 
        financing, social services, and infrastructure funding, 
        unemployment levels, and inflation;
            ``(ii) any adverse economic effects that could not be 
        avoided if the proposed withdrawal was to take place;
            ``(iii) alternatives to the proposed withdrawal, including 
        the alternative of no withdrawal;
            ``(iv) an assessment of Federal funding requirements for 
        recreational facility maintenance; and
            ``(v) an assessment of the impact of the proposed 
        withdrawal on Federal land and natural resource management 
        policies.
    ``(C) If the Secretary determines that a proposed withdrawal would 
result in no significant economic impact, the Secretary shall include 
in the economic impact statement a finding that reflects the 
determination, including an explanation of the finding.
    ``(D) Prior to preparing an economic impact statement, the 
Secretary shall consult with each Federal, State, and local agency that 
has jurisdiction by law or special expertise with respect to each 
economic impact involved.
    ``(E)(i) Copies of the economic impact statement and the comments 
of the appropriate Federal, State, and local agencies, shall be made 
available to the public.
    ``(ii) The Secretary shall provide for a period during which the 
public may comment on the proposal for withdrawal. The public comments 
shall be appended to the economic impact statement.
    ``(F) The Secretary shall prepare a record of decision for each 
withdrawal decision, including a rejection of an application for 
withdrawal. The record of decision shall summarize the actions of the 
agency and explain the rejection of the proposed alternatives.''.
    (b) Transition Assistance.--The Federal Land Policy and Management 
Act of 1976 (42 U.S.C. 1701 et seq.) is amended by adding at the end 
the following new title:

                  ``TITLE VIII--TRANSITION ASSISTANCE

``SEC. 801. NATURAL RESOURCE EMPLOYMENT TRANSITION ASSISTANCE.

    ``(a) Definitions and Determination of Eligibility.--
            ``(1) Definitions.--As used in this section:
                    ``(A) Adversely affected employment.--The term 
                `adversely affected employment' means work in an 
                industry, occupation, or establishment (including the 
                timber industry or an occupation or establishment 
                related to the timber industry) that, as a direct or 
                indirect result of the implementation of this Act--
                            ``(i) has sustained or is projected to 
                        sustain substantial economic harm;
                            ``(ii) has experienced, is experiencing, or 
                        will experience interruptions in the supply of 
                        raw materials or goods used in manufacturing; 
                        or
                            ``(iii) will gradually decline or down-size 
                        or experience an acceleration of decline.
                    ``(B) Adversely affected worker.--The term 
                `adversely affected worker' means an individual who--
                            ``(i) is an eligible dislocated worker 
                        within the meaning of section 301(a)(1) of the 
                        Job Training Partnership Act (29 U.S.C. 
                        1651(a)(1)); and
                            ``(ii)(I) has been totally, partially, or 
                        temporarily separated from work that is 
                        considered as adversely affected employment 
                        within the 3-year period beginning on the date 
                        of enactment of this section; or
                            ``(II) has received a notice of termination 
                        or layoff from such work.
                    ``(C) Affected state.--The term `affected State' 
                means any of the several States of the United States 
                and the District of Columbia in which there is 
                adversely affected employment.
                    ``(D) Private industry council.--The term `private 
                industry council' means a private industry council 
                described in section 102 of the Job Training 
                Partnership Act (29 U.S.C. 1512).
            ``(2) Determinations.--The determination of whether an 
        individual is an adversely affected worker under paragraph 
        (1)(A)(ii) shall be made by the Secretary of the Interior, 
        pursuant to criteria established by the Secretary, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, the Secretary of the Army, the Secretary of 
        Commerce, the Secretary of Energy, the Secretary of 
        Agriculture, or the Secretary of Labor, as appropriate.
            ``(3) Certification.--The Secretary of the Interior, in 
        consultation with the Administrator of the Environmental 
        Protection Agency, the Secretary of the Army, the Secretary of 
        Commerce, the Secretary of Energy, the Secretary of 
        Agriculture, the Secretary of Labor, and the Governor of an 
        affected State, shall certify an industry, occupation, or 
        establishment based on the implementation of this Act as one in 
        which there is adversely affected employment.
            ``(4) Conclusive presumption.--
                    ``(A) In general.--The total, partial, or temporary 
                layoff, or the notification of termination or layoff of 
                an adversely affected worker after 1981, on which 
                certification of an affected State is based under 
                paragraph (3) shall be conclusively presumed to be 
                attributable to compliance with this Act.
                    ``(B) Exception.--No conclusive presumption exists 
                under subparagraph (A) if an adversely affected worker 
                has voluntarily quit, been laid off, or been terminated 
                from a job for a cause that would disqualify such 
                worker for unemployment compensation under the State 
                law.
    ``(b) Grants Authorized.--
            ``(1) In general.--The Secretary may award grants to 
        States, substate grantees (as described in paragraph (2)), 
        employers, employer associations, and labor organizations--
                    ``(A) to provide training, adjustment assistance, 
                and employment services to adversely affected workers; 
                and
                    ``(B) to make needs-related payments to such 
                workers in accordance with subsection (g).
            ``(2) Substate grantees.--Entities eligible for designation 
        as substate grantees include--
                    ``(A) private industry councils in a substate area 
                designated by the Governor of the State involved;
                    ``(B) service delivery area grant recipients or 
                administrative entities;
                    ``(C) private nonprofit organizations;
                    ``(D) units of general local government in the 
                substate area, or agencies thereof;
                    ``(E) local offices of State agencies; and
                    ``(F) other public agencies, such as community 
                colleges and area vocational schools.
    ``(c) Grant Amount.--
            ``(1) In general.--The amount of a grant awarded under this 
        section shall be based on a percentage developed by the 
        Secretary through consideration of the ratio of--
                    ``(A) the per capita incidence of adversely 
                affected workers in each State; to
                    ``(B) the per capita incidence of adversely 
                affected workers in all States.
            ``(2) Rural areas.--The Secretary shall not award a grant 
        under subsection (b) unless the applicant provides assurances 
        that the applicant will use a portion of the amount awarded 
        under the grant to provide training, adjustment assistance, 
        employment services, and needs-related payments to adversely 
        affected workers in rural areas.
    ``(d) Priority and Approval.--
            ``(1) Application.--
                    ``(A) In general.--To be eligible to receive a 
                grant under subsection (b), a State, substate grantee, 
                employer, employer association, or labor organization 
                shall submit an application to the Secretary at such 
                time, in such manner, and containing such assurances as 
                the Secretary may require.
                    ``(B) Review prior to submission.--Prior to the 
                submission of an application under subparagraph (A), an 
                applicant shall--
                            ``(i) submit the application for review and 
                        comment to the appropriate private industry 
                        council and the State; and
                            ``(ii) offer local labor organizations the 
                        opportunity to provide comments on the 
                        application.
                    ``(C) Documentation.--An applicant that submits an 
                application under subparagraph (B) shall maintain all 
                documentation relating to consultations with the 
                entities described in clauses (i) and (ii) of such 
                subparagraph.
            ``(2)  Needs-related payments required.--The Secretary 
        shall not approve an application for a grant under subsection 
        (b) unless the application contains assurances that the 
        applicant will use amounts provided under the grant to provide 
        needs-related payments in accordance with subsection (g).
    ``(e) Use of Funds.--Subject to the requirements of subsections (f) 
and (g), grants under subsection (b) may be used for any purpose for 
which funds may be used under section 314 of the Job Training 
Partnership Act (29 U.S.C. 1661c).
    ``(f) Adjustment Assistance.--
            ``(1) Job search allowance.--Grants under subsection (b) 
        for adjustment assistance may be used to provide a job search 
        allowance to an adversely affected worker. Such allowance, if 
        provided, shall provide reimbursement to such worker in an 
        amount that does not exceed 90 percent of the cost to such 
        worker for necessary job search expenses, as prescribed by 
        regulations of the Secretary, or $800, whichever is less, 
        unless the need for a greater amount is demonstrated in the 
        application and approved by the Secretary.
            ``(2) Criteria for awarding job search allowances.--A job 
        search allowance may be provided only--
                    ``(A) to assist an adversely affected worker who 
                has been totally separated in securing a job within the 
                United States; and
                    ``(B) if the Secretary determines that the 
                adversely affected worker cannot reasonably be expected 
                to secure suitable employment in the commuting area in 
                which such worker resides.
    ``(g) Needs-Related Payments.--The Secretary shall prescribe 
regulations with respect to the use of amounts awarded under a grant 
under subsection (b) for needs-related payments in order to enable 
adversely affected workers to complete training or education programs 
under this section. Such regulations shall--
            ``(1) require that needs-related payments shall be provided 
        to an adversely affected worker only if such worker--
                    ``(A)(i) qualifies for emergency or extended 
                unemployment benefits; or
                    ``(ii) does not qualify or has ceased to qualify 
                for unemployment compensation;
                    ``(B) is participating in training or education 
                programs under this section, except that the 
                regulations shall protect an adversely affected worker 
                from being disqualified pursuant to this subparagraph 
                for a failure to participate that is not the fault of 
                such worker; and
                    ``(C) receives, or is a member of a family that 
                receives, a total family income (exclusive of 
                unemployment compensation, child support payments, and 
                welfare payments) that, in relation to family size, is 
                not in excess of the lower living standard income 
                level;
            ``(2) provide that an adversely affected worker may not be 
        disqualified from receipt of needs-related payments if such 
        worker terminates temporary or part-time employment to 
        participate in a training or education program under this 
        section;
            ``(3) provide that not later than 30 days after enrollment 
        in a training program, an adversely affected worker shall 
        receive needs-related payments if such worker--
                    ``(A) does not qualify or has ceased to qualify for 
                unemployment compensation; and
                    ``(B) has enrolled in a training program under this 
                section;
            ``(4) provide for procedures for waiving maximum benefits 
        requirements;
            ``(5) provide for procedures for allowing the payment of 
        needs-related payments based on special needs that shall be 
        determined by the Secretary on appeal;
            ``(6) provide that the levels of needs-related payments to 
        an adversely affected worker who does not qualify or has ceased 
        to qualify for unemployment compensation shall be equal to the 
        higher of--
                    ``(A) the applicable level of unemployment 
                compensation; or
                    ``(B) the official poverty line (as defined by the 
                Office of Management and Budget, and revised annually 
                by the Secretary of Health and Human Services in 
                accordance with section 673(2) of the Community 
                Services Block Grant Act (42 U.S.C. 9902(2));
            ``(7) provide that the amount of needs-related payments to 
        an adversely affected worker who qualifies for emergency or 
        extended unemployment benefits shall be equal to the difference 
        between the amount of such worker's compensation and the amount 
        of such worker's unemployment benefits;
            ``(8) provide for the adjustment of payments to reflect 
        changes in total family income; and
            ``(9) provide that the grantee shall obtain information 
        with respect to such income, and changes therein, from the 
        adversely affected worker.
    ``(h) Counseling and Referrals.--Not later than 45 days after an 
adversely affected worker qualifies for unemployment benefits, a 
grantee under this section shall provide employment counseling and 
referral to training programs, if needed, to such worker.
    ``(i) Administrative Expenses.--
            ``(1) In general.--The Secretary of the Interior may 
        reserve not more than 5 percent of the awards appropriated 
        under this section for the administration of activities 
        authorized under this section, including the provision of 
        technical assistance for the preparation of grant applications.
            ``(2) Priority.--In the provision of technical assistance 
        for preparation of grant applications under paragraph (1), the 
        Secretary shall give priority to nongovernmental and nonprofit 
        organizations.
    ``(j) Regulations.--Not later than 180 days after the date of 
enactment of this section, the Secretary shall prescribe regulations to 
carry out this section.
    ``(k) General Accounting Office Assessment of Effects of Compliance 
With Environmental Policies.--The Comptroller General of the United 
States shall--
            ``(1) identify and assess, to the extent possible, the 
        effects on Federal land management and natural resources 
        policy, and on employment, that are attributable to compliance 
        with the provisions of this Act, the National Forest Management 
        Act of 1976, the Migratory Bird Treaty Act, the Act commonly 
        known as the Clean Water Act, the National Environmental Policy 
        Act of 1969, the Forest and Rangeland Renewable Resources 
        Planning Act of 1974, the Multiple-Use Sustained-Yield Act of 
        1960 or the Endangered Species Act of 1973, and any other 
        Federal land management and natural resource policies; and
            ``(2) submit to Congress on the date that is 4 years after 
        the date of the enactment of this section a written report on 
        the assessments required under paragraph (1).
    ``(l) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $100,000,000 for fiscal year 1994, and such sums as may be 
        necessary for each of fiscal years 1995 through 1998 to carry 
        out this section. The total amount appropriated for all 5 such 
        fiscal years shall not exceed $500,000,000.
            ``(2) Availability.--Amounts appropriated pursuant to this 
        subsection shall remain available until expended.''.

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S 1505 IS----2