ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

16 U.S.C. § 79lEmployment of personnel for rehabilitation, protection, and improvements of additional lands

submitted 48 years ago by Pub. L. 95-250 to r/title-16-CONSERVATION · 1,762 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary could hire extra staff — some to restore the newly acquired park land, others to run the larger park — and had to give hiring preference to affected loggers, mill workers, and displaced state park employees. Federal agencies and even private employers with federal contracts had to give these 'affected employees' priority consideration for related jobs through September 1984, with training help and a complaint process if that right was ignored.

(a) To use the skills of people already working in the woods and mills, and to ease the economic pain of the land takeover while restoring and protecting the newly acquired land, the Secretary could hire and set the pay for 7 full-time and 31 temporary staff to help protect and improve Redwood National Park. (b) To properly run the larger Redwood National Park, protect its resources, and support visitors — easing local economic harm — the Secretary could hire and set the pay for 2 full-time and 20 temporary civil-service employees. The Secretary could also hire 32 more full-time and 40 more temporary civil-service employees once California donated its state park land inside the park's boundaries. When filling these jobs, the Secretary had to give hiring preference, for up to six years after the transfer, to state employees affected by the transfer; permanent state civil-service workers had to be given the chance to move into a comparable federal civil-service job even if normal civil-service rules would otherwise get in the way. (c) An "affected employee" (someone who lost work because of this land taking and who is otherwise qualified) had to be given full consideration for certain civilian jobs — both federal jobs and jobs with private employers that need federal approval or involvement — from March 27, 1978, through September 30, 1984, if the job was mainly located in Humboldt or Del Norte Counties or nearby California counties. (d) Any federal agency creating or filling a covered civilian job mainly located in those counties had to advertise the job in advance and give qualified affected employees full consideration, if two conditions were met: (1) the job involves skills that logging, sawmill, wood-processing, or office workers would reasonably have gained, or could reasonably gain on the job or through retraining; and (2) the applicant has, or could reasonably be trained to have, the ability to do the job — except an agency didn't have to give full consideration to someone needing training if the job would only last a short time after training finished, compared with the time and money the training would cost. (e) Any private employer filling a covered job mainly located in those counties, who was tied to a federal contract, grant, loan, lease, permit, license, or similar benefit that didn't already exist as of March 27, 1978, had to give affected employees the same notice and full consideration described in subsection (d). (f) The Secretary had to try to make agreements with employers so that affected employees who used to work for them would get full consideration for new job openings in Humboldt, Del Norte, and nearby counties. Making or following these agreements did not create any extra legal liability for the employer under federal or state equal-employment law. (g) The Secretary was responsible for carrying this section out, and had to: (1) offer training to affected employees who could reasonably become qualified with it; (2) make sure no affected employee lost full consideration just because they needed training, and encourage employers to hire on a temporary basis during that training when needed; (3) when two or more equally qualified affected employees competed for a job, give preference to whoever had the most years of related service; and (4) investigate and rule on any complaint from an employee who said their right to full consideration was ignored, and fix the problem if the complaint was valid. Agencies had to tell the Secretary in advance about job openings and federal commitments covered by subsections (d) and (e). The Secretary also had to seek cooperation from California and local governments to extend similar preferences to state and local jobs, and had to appoint a liaison, chosen from names proposed by employee unions, to work with employees and their unions and advise the Secretary. (h) An employee, group of employees, union, or authorized representative unhappy with one of the Secretary's decisions under this Act could get judicial review the same way as under section 2395 of title 19, except the case would go to a federal court of appeals, with possible further review by the Supreme Court. (i) Nothing here takes away any other rights people already had under existing laws, regulations, or contracts (including veterans' preference and union contracts) as of March 27, 1978, and everything here must otherwise follow normal civil-service rules. Anyone hired to a federal job under this section could be paid no more than the top rate of General Schedule grade 15.
the actual law source: uscode.house.gov ↗public domain
(a) Appointment and compensation of personnel for implementation of protection and enhancement programs

In order to utilize the skills of individuals presently working in the woods and in the mills to the greatest degree possible to both ease the personal economic effects of this taking, and to assist in the necessary rehabilitation, protection, and improvement of lands acquired by this Act through implementation of sound rehabilitation and land use practices, the Secretary shall have power to appoint and fix the compensation of seven full-time and thirty-one temporary personnel to assist in carrying out such programs necessary for the protection and enhancement of Redwood National Park.

(b) Appointment and compensation of personnel for administration of expanded Park; appointment, etc., of additional personnel

In order to effectively administer the expanded Redwood National Park created by this Act in a manner that will provide maximum protection to its resources and to provide for maximum visitor use and enjoyment to ease the local economic effects of this taking, the Secretary shall have power to appoint and fix the compensation of two full-time and twenty temporary employees in the competitive service. The Secretary shall further have power to appoint and fix the compensation of an additional thirty-two full-time and forty temporary employees in the competitive service as provided by this subsection at the time of the donation of those park lands or interests in land owned by the State of California as are within the boundaries of Redwood National Park as provided herein. In filling these positions, preference shall be given to those State employees affected by this transfer for a period not to exceed six years from the date of transfer; permanent State civil service employees shall be provided the opportunity to transfer to a comparable Federal civil service classification notwithstanding applicable civil service laws and regulations.

(c) Job positions subject to preferential treatment for affected employees

An affected employee shall be given full consideration for certain civilian jobs as provided in this section both with the Federal Government and with those private employers that have certain undertakings or programs that involve Federal participation or approval for the period beginning on March 27, 1978, and ending September 30, 1984, if the positions will be primarily located in Humboldt or Del Norte Counties or other counties in California adjacent thereto, and if the employee is otherwise qualified under this section.

(d) Procedures applicable to Federal agencies for creating or filling job positions; applicants subject to preferential treatment; considerations for employment
(1)

Any Federal agency that is creating or filling a civilian Federal job that is within the scope of clause (2)(A) of this subsection, pursuant to contract, civil service merit system, or otherwise, that will be primarily located in Humboldt or Del Norte Counties, California, or other counties in California adjacent thereto, must provide notice in advance of the availability of that job and must provide qualified affected employee applicants for these positions with full consideration for these positions if the further conditions set forth in clause (2)(B) of this subsection are met. The notice required by this paragraph shall be as provided by applicable law and regulation through the offices of the Employment and Training Services located in Humboldt and Del Norte Counties, California, and through such other means as are likely to gain the attention of affected employees.

(2)

Consideration for employment under this section shall be provided under the following conditions:

(A)

the job involves skills and training that could reasonably be expected to have been gained by individuals who have been employed as logging and related woods employees or sawmill, plywood, and other wood processing employees, or office employees, or that can reasonably be expected to be gained while so employed, or pursuant to retraining as provided herein; and

(B)

the applicant has the ability, or can reasonably be expected to have the ability after appropriate training of reasonable duration as further provided herein, to perform the duties of the job: Provided, That the full consideration shall not be required with respect to those affected employee applicants requiring training in a situation where the schedule for completion of the work is such that the period during which said employee can reasonably be expected to work following completion of training is determined by the Secretary to be incommensurate with the time and funds required to provide said employee with the necessary training.

(e) Private employer requirements for filling covered employment positions with affected employees pursuant to Federal contracts, etc.; procedures applicable and considerations for employment
(1)

Any Federal agency involved in the manner provided herein with a private employer responsible for filing 1 an employment position that is within the scope of clause (2)(A) of subsection (d), above, that will be primarily located in Humboldt or Del Norte Counties, or other counties in California adjacent thereto, is directed to require that any Federal contracts, grants, subsidies, loans, or other forms of funding assistance, and any Federal lease, permit, license, certificate, or other entitlement for use, not constituting an existing property right as of March 27, 1978, that is a condition to or a requirement of the conduct of harvesting and related activities or replanting and land rehabilitation or the conduct of wood processing and related activities or the conduct of highway construction and related activities shall be subject to and conditioned upon said private employer giving full consideration to affected employees as provided herein.

(2)

Any private employer who participates with a Federal agency in the manner described above and who is, accordingly, subject to the requirements as provided herein, shall—

(A)

provide notice of the availability of those jobs described in subsection (d)(2)(A) in the manner generally provided by subsection (d)(1); and

(B)

provide full consideration to qualified affected employee applicants for these positions if the further conditions established by clause (2)(B) of subsection (d) are met.

(f) Agreements with affected employers and industry employers for full consideration to employment of affected employees formerly employed by affected employers; implementation

The Secretary is directed to seek and authorized to enter into agreements with affected employers and industry employers providing that full consideration shall be given with respect to the employment of affected employees who had been employed by affected employers in jobs that may become available in Humboldt and Del Norte Counties and other counties adjacent thereto. The execution and carrying out of such an agreement, or the giving of full consideration to the employment of affected employees under subsection (c) of this section, shall not subject an employer to any additional liability or obligations under any Federal or State equal employment law, rule, regulation, or order.

(g) Implementation of requirements
(1)

The Secretary, except as otherwise provided, shall be responsible for the implementation of this section and—

(A)

is authorized and directed to make needed training available, upon application, to an affected employee applicant who, although not presently qualified for a position, can be reasonably expected to be qualified after appropriate training;

(B)

is authorized to take such actions as may be necessary to ensure that an affected employee is not denied full consideration because of the need for training where there is no substantial reason to believe that the applicant would be unable to perform the duties of the job after proper training. If the job is one which must be filled while the affected employee would be in training, the Secretary shall encourage the employer to fill the job only on a temporary basis subject to the successful completion of the training by the affected employee;

(C)

shall require that, in a case in which two or more affected employee applicants have approximately equal qualifications for a job for which they are to receive full consideration, that applicant with the greatest creditable service shall be given preference among those applicants entitled to full consideration; and

(D)

upon the filing of a complaint by an employee who alleges that said employee’s rights to full consideration were disregarded, the Secretary shall make a finding on the merits of such complaint. If it is determined that there has been noncompliance with this section, the Secretary shall take such action as may be appropriate to correct the situation.

(2)

To assist in implementing this section, agencies shall notify the Secretary, in advance, of any job opening as provided for by subsection (d) and of any Federal commitment as provided for by subsection (e).

(3)

The Secretary shall—

(A)

seek the cooperation of the State of California and the county and local governments within Humboldt and Del Norte Counties in the implementation of the provisions of this section and in the adoption of similar provisions for full consideration of affected employees with regard to State, county, and local jobs and activities; and

(B)

appoint, from among nominees proposed by certified or recognized unions representing employees, a person or persons who shall serve as the Secretary’s liaison with employees and their union and as consultant to the Secretary with regard to the administration of those provisions of this Act for which the Secretary is responsible.

(h) Judicial review of determination of Secretary respecting employee, etc.; procedures applicable

An employee, a group of employees, a certified or recognized union, or an authorized representative of such employee or group, aggrieved by any determination by the Secretary under this Act shall be entitled to judicial review of such determination in the same manner and under the same conditions as provided by section 2395 of title 19, except that such review shall be in the appropriate court of appeals of the United States, and the judgment of such court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28.

(i) Additional or alternative rights under existing labor laws, regulations, or contracts unaffected; compensation of employees appointed to Federal jobs

Nothing in this section shall be construed to affect any additional or alternative rights under a law, regulation, or contract (including, but not limited to, veteran preference and contracts between private employers and unions) in effect as of March 27, 1978, and the implementation of this section shall be carried out in accord with applicable civil service laws and regulations except as otherwise provided for in this section. Employees appointed to Federal jobs pursuant to this section shall have their compensation fixed at rates not to exceed that now or hereafter prescribed for the highest rate of grade 15 of the General Schedule under section 5332 of title 5.

Source credit: (Pub. L. 95–250, title I, § 103, Mar. 27, 1978, 92 Stat. 167; Pub. L. 96–417, title VI, § 602, Oct. 10, 1980, 94 Stat. 1744; Pub. L. 105–277, div. A, § 101(f) [title VIII, § 405(b)], Oct. 21, 1998, 112 Stat. 2681–337, 2681–417.)

history & why it existsrecord from the source credit
  • 1978Enacted · Pub. L. 95-250 · 92 Stat. 167
  • 1980Amended · Pub. L. 96-417 · 94 Stat. 1744
  • 1998Amended · Pub. L. 105-277 · 112 Stat. 2681

A history note hasn’t been published yet. The record shows enactment by Pub. L. 95-250 on 1978-03-27.

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case