Abortion law across Australia--A review of nine jurisdictions.

Science.gov (United States)

de Costa, Caroline; Douglas, Heather; Hamblin, Julie; Ramsay, Philippa; Shircore, Mandy

2015-04-01

This article reviews the current legal status of abortion in Australia and its implications. Australian abortion law has been a matter for the states since before Federation. In the years since Federation there have been significant reforms and changes in the abortion laws of some jurisdictions, although not all. Across Australia there are now nine sets of laws, state and Commonwealth, concerned with abortion. The test of a lawful abortion varies greatly across jurisdictions. In a number of states and territories, it is necessary to establish a serious risk to the physical or mental health of the woman if the pregnancy was to continue. In some cases, the certification of two doctors is required, particularly for abortions at later gestations. There are also physical restrictions on access, such as in South Australia and the Northern Territory where abortion must take place in a hospital. Only in the ACT has abortion been removed from the criminal law altogether. Variations in the law and restrictions arising from these are not consistent with the aims and provision of the universal, accessible health care system aspired to in Australia. There is an urgent need for overall reform and the introduction of uniformity to Australia's abortion laws, including removal of abortion from the criminal law. © 2015 The Royal Australian and New Zealand College of Obstetricians and Gynaecologists.

Nevada State plan; final approval determination. Occupational Safety and Health Administration (OSHA), U.S. Department of Labor. Final State plan approval--Nevada.

Science.gov (United States)

2000-04-18

This document amends OSHA's regulations to reflect the Assistant Secretary's decision granting final approval to the Nevada State plan. As a result of this affirmative determination under section 18(e) of the Occupational Safety and Health Act of 1970, Federal OSHA's standards and enforcement authority no longer apply to occupational safety and health issues covered by the Nevada plan, and authority for Federal concurrent jurisdiction is relinquished. Federal enforcement jurisdiction is retained over any private sector maritime employment, private sector employers on Indian land, and any contractors or subcontractors on any Federal establishment where the land is exclusive Federal jurisdiction. Federal jurisdiction remains in effect with respect to Federal government employers and employees. Federal OSHA will also retain authority for coverage of the United States Postal Service (USPS), including USPS employees, contract employees, and contractor-operated facilities engaged in USPS mail operations.

Responding to Public Health Emergencies on Tribal Lands: Jurisdictional Challenges and Practical Solutions.

Science.gov (United States)

Barnard, Justin B

2015-01-01

Response to public health emergencies on tribal lands poses a unique challenge for state and tribal public health officials. The complexity and intensely situation-specific nature of federal Indian jurisprudence leaves considerable question as to which government entity, state or tribal, has jurisdiction on tribal lands to undertake basic emergency measures such as closure of public spaces, quarantine, compulsory medical examination, and investigation. That jurisdictional uncertainty, coupled with cultural differences and an often troubled history of tribal-state relations, threatens to significantly impede response to infectious disease outbreaks or other public health emergencies on tribal lands. Given that tribal communities may be disproportionately impacted by public health emergencies, it is critical that tribal, state, and local governments engage with each other in coordinated planning for public health threats. This Article is offered as a catalyst for such planning efforts. The Article identifies some of the most pressing jurisdictional issues that may confront governments responding to a public health emergency on tribal lands, with the aim of highlighting the nature of the problem and the need for action. The Article goes on to examine the most promising means of addressing jurisdictional uncertainty: intergovernmental agreements. Already utilized in many areas of shared interest between tribe and state, intergovernmental agreements offer neighboring state, local, and tribal governments a vehicle for delineating roles and authorities in an emergency, and may lay the groundwork for sharing resources. The Article surveys various representative tribal public health intergovernmental agreements, and concludes with suggestions for tribes and state or local governments looking to craft their own agreements.

30 CFR 903.843 - Federal enforcement.

Science.gov (United States)

2010-07-01

... request, to a designated Arizona State agency with jurisdiction over mining. ... Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.843 Federal...

Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court

Science.gov (United States)

2006-09-26

Separation of Powers Issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Eliminating Federal Court Jurisdiction Where There Is No State Court Review . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Conclusion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 1 542 U.S. 466 (2004). Enemy Combatant Detainees: Habeas Corpus Challenges in Federal Court In Rasul v. Bush,1 a divided Supreme Court declared that “a state

30 CFR 903.842 - Federal inspections.

Science.gov (United States)

2010-07-01

... jurisdiction over mining. ... Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.842 Federal...

Internal Variations in Health-care Federalism in Canada and the United States

Directory of Open Access Journals (Sweden)

Vandna Bhatia

2014-12-01

Full Text Available Federal systems are prone to dividing health benefits inconsistently across subnational jurisdictions. In this article, we examine how federalism intersects with economic and social factors, particularly gender and immigration status, to create structural barriers to accessing and receiving necessary healthcare. Drawing on insights from the historical institutionalist literature and the experiences of immigrant women in the Canadian and American health systems, we find significant subnational variations in access to health services and insurance coverage. Gaps in service – which are filled (if at all by costly, inaccessible private provision – are the product of piecemeal policymaking, as new programs and services are layered onto existing systems which are themselves outdated and anachronistic. Our analysis demonstrates the need to move beyond analyses of federal state architectures to an intersectional approach to better understand the differential negative impact of subnational variations on equity between social groups and their ability to access to basic health services.

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court?

International Nuclear Information System (INIS)

Zimmermann, B.

1992-01-01

The tightness of control procedures in the legal protection provided by jurisdiction against directives issued by the Federal Government - a problem of competence distribution between the Federal Constitutional Court and the Federal Administrative Court? The article examines questions of recourse to the competent court, problems concerning the admissibility of legal proceedings before the Federal Admininstrative Court, the competence of the Laender in performing administrative acts on behalf of the Federation, the effectiveness of legal protection and the relationship between the Laender and the Federation in terms of responsibility for constitutional rights. The legal protection offered by administrative law, against a directive of the Federal Government is wholly ineffective, as there is no legal position a Land could bring into play to defened itself against a directive leading to unlawful action. Inequites which thus occur can however be met via a dispute between the Federation and the Laender as provided by the constitution, as the content of a directive becomes relevant in attempts to exert influence on the competence issue. Ultimately the rulings of the Basic Law on competence serve to protect the citizen and the community against excesses. In this connection the constitutional rights in their capacity as negative competence rulings disqualify executive acts. (orig./HSCH) [de

"Our federalism" moves indoors.

Science.gov (United States)

Ruger, Theodore W

2013-04-01

A great deal of the US Supreme Court's federalism jurisprudence over the past two decades has focused on the outer limits of federal power, suggesting a mutually exclusive division of jurisdiction between the states and the federal government, where subjects are regulated by one sovereign or the other but not both. This is not an accurate picture of American governance as it has operated over the past half century - most important areas of American life are regulated concurrently by both the federal government and the states. The Supreme Court's June 2012 decision clearing the way for the Patient Protection and Affordable Care Act (PPACA) to move forward thus should not be regarded as an affront to state sovereignty but as a realistic embrace of state power in its active, modern form. The PPACA is infused with multiple major roles for the states, and as the statute goes into operation over the next few years, states retain, and are already exercising, substantial policy discretion.

Permissions and Prohibitions in Data Protection Jurisdiction

NARCIS (Netherlands)

Taylor, M.S.C.

Under public international law, a State has a right to exercise jurisdiction and is expected to show restraint when applying extraterritorial jurisdiction. The EU’s Data Protection Directive is far-reaching and has notable effects beyond its territory. The General Data Protection Regulation could

78 FR 19353 - Biodiversity Beyond National Jurisdiction; Notice of Public Meeting

Science.gov (United States)

2013-03-29

... DEPARTMENT OF STATE [Public Notice 8262] Biodiversity Beyond National Jurisdiction; Notice of... information session regarding issues related to marine biodiversity in areas beyond national jurisdiction... international meetings and negotiations on marine biodiversity beyond national jurisdiction, such as the meeting...

30 CFR 872.25 - Are there any restrictions on how OSM may use Federal expense funds?

Science.gov (United States)

2010-07-01

... Federal expense funds? 872.25 Section 872.25 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND... jurisdiction of Indian tribes that do not have an approved abandoned mine reclamation program under section 405...) Projects authorized under section 402(g)(4) in States and on lands within the jurisdiction of Indian tribes...

Decree amending and adding various provisions to the Penal Code for the Federal District with respect to local jurisdiction and to the Penal Code for the whole Republic with respect to federal jurisdiction, 29 December 1988. [Selected provisions].

Science.gov (United States)

1989-01-01

Mexico's decree amending and adding various provisions to the penal code for the federal district, with respect to local jurisdiction, and to the penal code for the whole republic, with respect to federal jurisdiction, December 29, 1988, among other things, amends the penal code to strengthen provisions relating to sex crimes. Among the provisions are the following: anyone procuring or facilitating the corruption of a minor (under 18) or a person lacking capacity, by means of sexual acts, or who induces him to engage in begging, drunkenness, drug addiction, or some other vice; to form part of an unlawful association; or to commit whatever crimes will be imprisoned for 3-8 years and subjected to a fine. The sentence shall be enhanced if the minor or incapacitated person forms a habit due to repeated acts of corruption. Whoever encourages or facilitates a person's engaging in prostitution or obtains or delivers a person for the purpose of prostitution will be imprisoned for 2-9 years and fined. Pandering will be punished with imprisonment for 2-9 years and a fine. Whoever, without consent and without the purpose of achieving intercourse, performs on her a sexual act with lascivious intent, or forces her to perform it, will be sentenced to "15 days to 1 year's or to 10-40 days' community service work." If physical or moral violence is used, the penalty will be 2-7 years imprisonment. Performing the above act on a person under age 12 or on someone unable to resist increases the punishment. Whoever uses physical or moral violence to have intercourse with a person of whatever sex shall be imprisoned 8-14 years; using an object other than a penis either vaginally or anally on either a male or a female will result in imprisonment of 1-5 years. If the victim is under age 12, unable to resist, or if 2 or more persons commit the crime, an enhanced punishment will result.

Environmental Issues in a Federation: The Case of Malaysia

Directory of Open Access Journals (Sweden)

Muhammad Yusuf Saleem

2005-12-01

Full Text Available Abstract: From a constitutional perspective, the responsibilities over environmental issues cannot be precisely divided between federal and state governments. Environmental problems could only be dealt with successfully, as the Malaysian case exemplify, through a concurrent jurisdiction. The responsibility for the implementation of environmental laws is left to the states which because of their nearness to the source of environmental problems are in a better position to monitor violations. However, interstate environmental problems must be addressed jointly by federal and state governments.

30 CFR 903.700 - Arizona Federal program.

Science.gov (United States)

2010-07-01

... Resources has jurisdiction over the mining of minerals, and oil and gas under Title 27 of the Arizona....700 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE ARIZONA § 903.700 Arizona Federal...

30 CFR 936.30 - State-Federal Cooperative Agreement.

Science.gov (United States)

2010-07-01

... agency with jurisdiction over the proposed surface coal mining and reclamation operation. Article XI... Section 936.30 Mineral Resources OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT, DEPARTMENT OF THE INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE OKLAHOMA § 936.30 State...

The cleanup of releases of radioactive materials from commercial low-level radioactive waste disposal sites: Whose jurisdiction?

International Nuclear Information System (INIS)

Hartnett, C.

1994-01-01

There exists an overlap between the Comprehensive Environmental Response, Compensation and Recovery Act (open-quotes CERCLAclose quotes) and the Atomic Energy Act (open-quotes AEAclose quotes) regarding the cleanup of releases of radioactive materials from commercial low-level radioactive waste sites. The Nuclear Regulatory Commission (open-quotes NRCclose quotes) and Agreement States have jurisdiction under the AEA, and the Environmental Protection Agency (open-quotes EPAclose quotes) has jurisdiction pursuant to CERCLA. This overlapping jurisdiction has the effect of imposing CERCLA liability on parties who have complied with AEA regulations. However, CERCLA was not intended to preempt existing legislation. This is evidenced by the federally permitted release exemption, which explicitly exempts releases from CERCLA liability pursuant to an AEA license. With little guidance as to the applicability of this exemption, it is uncertain whether CERCLA's liability is broad enough to supersede the Atomic Energy Act. It is the purpose of this paper to discuss the overlapping jurisdiction for the cleanup of releases of radioactive materials from commercial low-level radioactive waste disposal sites with particular emphasis on the cleanup at the Maxey Flats, West Valley and Sheffield sites

The Military Extraterritorial Jurisdiction Act

National Research Council Canada - National Science Library

Kerrigan, Kathleen

2004-01-01

.... Its interpretation affects both national security and the rights of American citizens overseas. This statute gives the United States judicial system the ability to exercise jurisdictional control over American civilians committing felonies on foreign soil...

Fuel Mix Impacts from Transportation Fuel Carbon Intensity Standards in Multiple Jurisdictions

Science.gov (United States)

Witcover, J.

2017-12-01

Fuel carbon intensity standards have emerged as an important policy in jurisdictions looking to target transportation greenhouse gas (GHG) emissions for reduction. A carbon intensity standard rates transportation fuels based on analysis of lifecycle GHG emissions, and uses a system of deficits and tradable, bankable credits to reward increased use of fuels with lower carbon intensity ratings while disincentivizing use of fuels with higher carbon intensity ratings such as conventional fossil fuels. Jurisdictions with carbon intensity standards now in effect include California, Oregon, and British Columbia, all requiring 10% reductions in carbon intensity of the transport fuel pool over a 10-year period. The states and province have committed to grow demand for low carbon fuels in the region as part of collaboration on climate change policies. Canada is developing a carbon intensity standard with broader coverage, for fuels used in transport, industry, and buildings. This study shows a changing fuel mix in affected jurisdictions under the policy in terms of shifting contribution of transportation energy from alternative fuels and trends in shares of particular fuel pathways. It contrasts program designs across the jurisdictions with the policy, highlights the opportunities and challenges these pose for the alternative fuel market, and discusses the impact of having multiple policies alongside federal renewable fuel standards and sometimes local carbon pricing regimes. The results show how the market has responded thus far to a policy that incentivizes carbon saving anywhere along the supply chain at lowest cost, in ways that diverged from a priori policy expectations. Lessons for the policies moving forward are discussed.

Jurisdiction Impact of Revenue Allocation on States and Local ...

African Journals Online (AJOL)

This article is descriptive in nature and it tries to ascertain the variousformulas used by federal government of Nigeria to allocate Revenue from federation account and their socio-economic impact on the states and local government councils. Primary and secondary data were adequately made use of in the study. Analysis ...

Federal and state permits required to open a new uranium mine with comments on uranium development on Indian reservations

International Nuclear Information System (INIS)

Root, T.E.; Whisler, J.S.

1976-01-01

Three federally related problems are discussed: the environmental impact statement, water discharge permits, and access. A cookbook approach to the permitting process is given as it exists in Wyoming, Utah, New Mexico, and Arizona. The question of jurisdiction is dealt with by using a case study approach to illustrate how jurisdiction bears on uranium development on Indian reservations

THE USE OF OFFSHORE JURISDICTIONS IN INTERNATIONAL FINANCIAL FITTINGS

Directory of Open Access Journals (Sweden)

DANIELA RADU

2012-05-01

Full Text Available Essential legal and financial Structures, sometimes complex, had until recently been small and medium entrepreneurs away from the use of offshore jurisdictions, but the constraints of increasingly heavy taxation of excessive in certain States, you push even those with limited resources to use in these jurisdictions to protect revenue. The purpose of this research is to analyze the offshore jurisdictions in order to determine the possibilities of useof their disadvantages in order to improve measures to combat tax evasion, as well as for the use of their advantages in order to reduce illegal migration and regular employment of capital through the analysis of specific cases of the use of offshore jurisdictions – Case Frabklin Jurado, The Bank of Commerce and Credit InternationalAmerican Express Bank International. Scientific novelty and originality of the investigation consists of:-the identification on the basis of international practice, some offshore jurisdictions specific items in order to reflect their fiscal policies (trade and investment, etc.-analysis of cases of the use of offshore jurisdictions in international financial fittings (such as the Bank of Credit and Commerce International; Franklin Jurado; American Express Bank International,-identification of the impact paradisurilor tax and offshore financial centres of the world economy– revealing secret financial transactions carried out within the framework of ofssore, research instruments jurisdictions and management techniques of cadrulacestor tax jurisdictions.It is interesting to be seen through the prism of analysis of economic-fiscal financiare if a competition is beneficial or not for the welfare of States and to what extent this competition will have a say in future developments and tax paradisurilor finanaciare offshore centres. In conclusion, I appreciate that in order to survive successfully in the global economy of the future, offshoreJurisdictions should promote a

Fundamentals of law and of technical regulations and the problem of jurisdiction

International Nuclear Information System (INIS)

Lukes, R.

1980-01-01

The fundamentals of the legal requirements and technical specifications for the licensing of Nuclear Power Plants in the Federal Republic of Germany and the German administrative jurisdiction in this area are discussed. (A.L.) [pt

HOME Participating Jurisdictions Vacant Units Reports

Data.gov (United States)

Department of Housing and Urban Development — This report is an MS Excel spreadsheet broken up by state, similar to the HOME Participating Jurisdiction's Open Activities Reports. The purpose of the HOME...

HOME Participating Jurisdictions Open Activities Reports

Data.gov (United States)

Department of Housing and Urban Development — This report is an MS Excel spreadsheet broken up by state. Participating Jurisdictions can use this report to view open activities in IDIS including activities with...

18 CFR 270.501 - Publication of notice from jurisdictional agency.

Science.gov (United States)

2010-04-01

... 18 Conservation of Power and Water Resources 1 2010-04-01 2010-04-01 false Publication of notice from jurisdictional agency. 270.501 Section 270.501 Conservation of Power and Water Resources FEDERAL... to the extent the material is treated as confidential under § 270.506, at the offices of the...

Jurisdictional control of administrative acts related to the safety of nuclear plants

International Nuclear Information System (INIS)

Fernandez Plasencia, S.

1983-01-01

This paper stresses the importance of jurisdictional control over nuclear power plants to ensure their safe operation. It also describes examples of case law concerning such plants in France, the Federal Republic of Germany, Italy and Spain. (NEA) [fr

78 FR 28779 - Proposed Flood Elevation Determinations for Armstrong County, Pennsylvania (All Jurisdictions)

Science.gov (United States)

2013-05-16

... Armstrong County, Pennsylvania (All Jurisdictions) AGENCY: Federal Emergency Management Agency, DHS. ACTION... proposed rule concerning proposed flood elevation determinations for Armstrong County, Pennsylvania (All... sources in Armstrong County, Pennsylvania. Because FEMA has or [[Page 28780

Setting a minimum age for juvenile justice jurisdiction in California.

Science.gov (United States)

S Barnert, Elizabeth; S Abrams, Laura; Maxson, Cheryl; Gase, Lauren; Soung, Patricia; Carroll, Paul; Bath, Eraka

2017-03-13

Purpose Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12 years old) from being processed in the juvenile justice system. In the absence of a minimum age law, California lags behind other states and international practice and standards. The paper aims to discuss these issues. Design/methodology/approach In this policy brief, academics across the University of California campuses examine current evidence, theory, and policy related to the minimum age of juvenile justice jurisdiction. Findings Existing evidence suggests that children lack the cognitive maturity to comprehend or benefit from formal juvenile justice processing, and diverting children from the system altogether is likely to be more beneficial for the child and for public safety. Research limitations/implications Based on current evidence and theory, the authors argue that minimum age legislation that protects children from contact with the juvenile justice system and treats them as children in need of services and support, rather than as delinquents or criminals, is an important policy goal for California and for other national and international jurisdictions lacking a minimum age law. Originality/value California has no law specifying a minimum age for juvenile justice jurisdiction, meaning that young children of any age can be processed in the juvenile justice system. This policy brief provides a rationale for a minimum age law in California and other states and jurisdictions without one.

THE ORGANIZATION OF JURISDICTION IN EUROPEAN UNION PERSPECTIVE

Directory of Open Access Journals (Sweden)

Mihaela Agheniţei

2014-11-01

Full Text Available Nowadays, universal jurisdiction is the favorite technique used to prevent impunity for international crimes and it is one of the most effective methods to deter and prevent international crimes by increasing the like hood of prosecution and punishment of its propagators. In regard to the defendants’ rights, the European Union states consider applicable all the rights that are necessary to assure that the trial is equitable and expeditious. There is no exception to the right to a fair trial. So, a defendant who is being prosecuted on the basis of the universality principle can rely on all the procedural rights provided for the Convention on Human Rights and the domestic code of criminal procedure without any restrictions. In Germany, the Federal Constitutional Court, in a case concerning genocide committed abroad, declared expressly that no special criminal proceedings must be provided for specific crimes.

Conflicts of Criminal Jurisdiction in the European Union

Directory of Open Access Journals (Sweden)

Frank Zimmermann

2015-07-01

Full Text Available Conflicts of criminal jurisdiction between the Member States belong to the most difficult challenges that the European Union has to face in order to establish a true “area of freedom, security and justice”. This article starts with an analysis of the interests that are affected by such conflicts: on the one hand, they are most problematic for the individual because they can lead to repeated or simultaneous proceedings in different Member States and forum shopping by prosecution authorities. What is more, they can even make it impossible to foresee whether and how severely an act will be punished. Thus, essential criminal law and procedure guarantees like ne bis in idem, the principle of legality, the right to a court established by law as well as the right to an effective defence are jeopardised. On the other, the Member States involved often have a legitimate interest in prosecution—or non-prosecution—and risk to spend their financial and personnel resources for ineffective parallel proceedings. In order to avoid conflicts of criminal jurisdiction, various models are conceivable. However, the most convincing one—according to the author’s opinion—builds upon a combination of different elements: a hierarchy of jurisdictional links should form the basis, but it would have to be complemented with provisions allowing for more flexibility in precisely defined circumstances. With this in mind, this article calls for the adoption of an EU regulation in order to solve the most urgent problems arising from conflicts of criminal jurisdiction and makes concrete suggestions as to its drafting.

Federal Aid and State Library Agencies.

Science.gov (United States)

Shavit, David

1985-01-01

Considers role of states as middlemen between federal government and local public libraries in administration of Library Services and Construction Act funds. An audit of Illinois state library agencies, 1970 federal mandates, state control of federal funds, and state library agencies' use of funds are discussed. Eight references are cited. (EJS)

Federal Radiological Monitoring and Assessment Center advanced part phase response actions

International Nuclear Information System (INIS)

Hurley, B.

1997-01-01

Federal Radiological Monitoring and Assessment Center (FRMAC) response actions are carried out in Advance Party and Main Party phases of deployment. Response activities are initiated by a FRMAC Home Team prior to and during Advance Party deployment, with Home Team support continuing until the FRMAC Main Party is fully deployed. Upon arrival at the incident scene, the Advance Party establishes communications with other federal, state, and local response organizations, Following an Advance Party Meeting with these response organizations, FRMAC begins formulation of an initial monitoring and sampling plan, in coordination with the jurisdictional state and the Lead Federal Agency, and initiates detailed logistical arrangements for Main Party deployment and operations

Attitudes and practices regarding the use of methadone in US state and federal prisons.

Science.gov (United States)

Rich, Josiah D; Boutwell, Amy E; Shield, David C; Key, R Garrett; McKenzie, Michelle; Clarke, Jennifer G; Friedmann, Peter D

2005-09-01

In the United States, vigorous enforcement of drug laws and stricter sentencing guidelines over the past 20 years have contributed to an expanded incarcerated population with a high rate of drug use. One in five state prisoners reports a history of injection drug use, and many are opiate dependent. For over 35 years, methadone maintenance therapy has been an effective treatment for opiate dependence; however, its use among opiate-dependent inmates in the United States is limited. In June 2003, we conducted a survey of the medical directors of all 50 US states and the federal prison system to describe their attitudes and practices regarding methadone. Of the 40 respondents, having jurisdiction over 88% (n =1,266,759) of US prisoners, 48% use methadone, predominately for pregnant inmates or for short-term detoxification. Only 8% of respondents refer opiate-dependent inmates to methadone programs upon release. The results highlight the need to destigmatize the use of methadone in the incarcerated setting, expand access to methadone during incarceration, and to improve linkage to methadone treatment for opiate-dependent offenders who return to the community.

EXPORT CONTROLS: Change in Export Licensing Jurisdiction for Two Sensitive Dual-Use Items

National Research Council Canada - National Science Library

Spencer, F

1997-01-01

This report examines the jurisdiction shift of two items, previously controlled by the State Department to the Department of Commerce, and the implications of this change to export licensing jurisdiction...

Setting a minimum age for juvenile justice jurisdiction in California

Science.gov (United States)

Barnert, Elizabeth S.; Abrams, Laura S.; Maxson, Cheryl; Gase, Lauren; Soung, Patricia; Carroll, Paul; Bath, Eraka

2018-01-01

Purpose Despite the existence of minimum age laws for juvenile justice jurisdiction in 18 US states, California has no explicit law that protects children (i.e. youth less than 12 years old) from being processed in the juvenile justice system. In the absence of a minimum age law, California lags behind other states and international practice and standards. The paper aims to discuss these issues. Design/methodology/approach In this policy brief, academics across the University of California campuses examine current evidence, theory, and policy related to the minimum age of juvenile justice jurisdiction. Findings Existing evidence suggests that children lack the cognitive maturity to comprehend or benefit from formal juvenile justice processing, and diverting children from the system altogether is likely to be more beneficial for the child and for public safety. Research limitations/implications Based on current evidence and theory, the authors argue that minimum age legislation that protects children from contact with the juvenile justice system and treats them as children in need of services and support, rather than as delinquents or criminals, is an important policy goal for California and for other national and international jurisdictions lacking a minimum age law. Originality/value California has no law specifying a minimum age for juvenile justice jurisdiction, meaning that young children of any age can be processed in the juvenile justice system. This policy brief provides a rationale for a minimum age law in California and other states and jurisdictions without one. Paper type Conceptual paper PMID:28299968

Administrative jurisdiction of customs of Ukraine

OpenAIRE

DOROSH M.M.

2012-01-01

The author describes the customs authorities as subjects of administrative jurisdiction, serving a variety of executive power. The customs authorities of Ukraine in nature play an important role in the law enforcement activities of the state. There is a constant struggle against customs violations.

Questions of jurisdiction in the event of a nuclear accident in a member state of the European union

International Nuclear Information System (INIS)

Galizzi, P.

1996-01-01

Jurisdictional problems are outlined that could be encountered by victims of a serious nuclear accident, with transboundary consequences, seeking to recover compensation (in a Member State of the European Union). The situation is only partly covered by existing treaty law and not all Member States are a party to the relevant treaties. A hypothetical case-study has been devised which supposes that a nuclear accident has occurred in the Netherlands causing damage in three selected countries. Of these, the first (Germany) is a party to the 1960 Paris Convention on Third Party Liability in the field of Nuclear Energy, the second (Hungary) is a party to the 1963 Vienna Convention on Civil Liability for Nuclear Damage, and the third (Luxembourg) is a not a party to either Convention. Answers are sought for two questions related to this hypothetical accident. Firstly, which courts have jurisdiction over private claims for damage caused in these various countries? Secondly, which law will the competent courts apply? (UK)

Location, Location: Jurisdiction & Conflicts in Transborder Contract Litigation

DEFF Research Database (Denmark)

Lookofsky, Joseph

In transborder contract litigation place-based factors are often decisive, both as regards jurisdiction to adjudicate as well as the rules which determine the applicable substantive law. Relevant locations include the place where the contract was made, where the parties reside, transact business...... or own property, the place of delivery, payment or other performance etc. Using concrete case-based examples, Professor Lookofsky explains how rules of jurisdiction and contract conflicts in Europe are tied to rigidly defined, single-place-based factors. In the United States, by contrast...

25 CFR 11.905 - Jurisdiction.

Science.gov (United States)

2010-04-01

... INDIAN AFFAIRS, DEPARTMENT OF THE INTERIOR LAW AND ORDER COURTS OF INDIAN OFFENSES AND LAW AND ORDER CODE Children's Court § 11.905 Jurisdiction. The children's court has exclusive, original jurisdiction of the... established is alleged to be a juvenile offender, unless the children's court transfers jurisdiction to the...

Jurisdiction Size and Local Democracy

DEFF Research Database (Denmark)

Lassen, David Dreyer; Serritslew, Søren

2011-01-01

and problems of endogeneity. We focus on internal political efficacy, a psychological condition that many see as necessary for high-quality participatory democracy. We identify a quasiexperiment, a large-scale municipal reform in Denmark, which allows us to estimate a causal effect of jurisdiction size......Optimal jurisdiction size is a cornerstone of government design. A strong tradition in political thought argues that democracy thrives in smaller jurisdictions, but existing studies of the effects of jurisdiction size, mostly cross-sectional in nature, yield ambiguous results due to sorting effects...

Addressing the Federal-State-Local Interface Issues During a Catastrophic Event Such as an Anthrax Attack

Energy Technology Data Exchange (ETDEWEB)

Stein, Steven L.; Lesperance, Ann M.; Upton, Jaki F.

2010-02-01

On October 9, 2008, federal, state and local policy makers, emergency managers, and medical and public health officials convened in Seattle, Washington, for a workshop on Addressing the Federal-State-Local Interface Issues During a Catastrophic Event Such as an Anthrax Attack. The day-long symposium was aimed at generating a dialogue about recovery and restoration through a discussion of the associated challenges that impact entire communities, including people, infrastructure, and critical systems. The Principal Federal Official (PFO) provided an overview of the role of the PFO in a catastrophic event. A high-level summary of an anthrax scenario was presented. The remainder of the day was focused on interactive discussions among federal, state and local emergency management experts in the areas of: • Decision-making, prioritization, and command and control • Public health/medical services • Community resiliency and continuity of government. Key topics and issues that resulted from discussions included: • Local representation in the Joint Field Office (JFO) • JFO transition to the Long-Term Recovery Office • Process for prioritization of needs • Process for regional coordination • Prioritization - process and federal/military intervention • Allocation of limited resources • Re-entry decision and consistency • Importance of maintaining a healthy hospital system • Need for a process to establish a consensus on when it is safe to re-enter. This needs to be across all jurisdictions including the military. • Insurance coverage for both private businesses and individuals • Interaction between the government and industry. The symposium was sponsored by the Interagency Biological Restoration Demonstration, a collaborative regional program jointly funded by the U.S. Department of Homeland Security and the U.S. Department of Defense. To aid the program’s efforts and inform the development of blueprint for recovery from a biological incident

Promoting cooperative federalism through state shared savings.

Science.gov (United States)

Weil, Alan

2013-08-01

The Affordable Care Act is transforming American federalism and creating strain between the states and the federal government. By expanding the scale of intergovernmental health programs, creating new state requirements, and setting the stage for increased federal fiscal oversight, the act has disturbed an uneasy truce in American federalism. This article outlines a policy proposal designed to harness cooperative federalism, based on the shared state and federal desire to control health care cost growth. The proposal, which borrows features of the Medicare Shared Savings Program, would provide states with an incentive in the form of an increased share of the savings they generate in programs that have federal financial participation, as long as they meet defined performance standards.

Is jurisdiction ousting policy-making

International Nuclear Information System (INIS)

Fuerst, W.

1981-01-01

This report was given by the President of the Federal Administrative Court at a meeting of the Rechts- und Staatswissenschaftliche Vereinigung (Jurisprudence and Political Science Association) held at Duesseldorf in April 1979. It points out problems arising with the administration of justice in the field of administrative law as well as the limits set to it. If parliaments avoid to take political responsibility, the solving of political conflicts will be shifted to the other two powers. In case of controversy, jurisdiction in the field of administrative law would then have to make the final decision. It is for the legislator to preserve the function of judicial power, i.e., to exact from judges to make political, especially socio-political decisions. (HSCH) [de

5 CFR 1201.2 - Original jurisdiction.

Science.gov (United States)

2010-01-01

... 5 Administrative Personnel 3 2010-01-01 2010-01-01 false Original jurisdiction. 1201.2 Section 1201.2 Administrative Personnel MERIT SYSTEMS PROTECTION BOARD ORGANIZATION AND PROCEDURES PRACTICES AND PROCEDURES Jurisdiction and Definitions § 1201.2 Original jurisdiction. The Board's original...

Applicability of federal and state hazardous waste regulatory programs to waste chemical weapons and chemical warfare agents.; TOPICAL

International Nuclear Information System (INIS)

Haffenden, R.; Kimmell, T.

2002-01-01

This report reviews federal and state hazardous waste regulatory programs that govern the management of chemical weapons or chemical warfare agents. It addresses state programs in the eight states with chemical weapon storage facilities managed by the U.S. Army: Alabama, Arkansas, Colorado, Indiana, Kentucky, Maryland, Oregon, and Utah. It also includes discussions on 32 additional states or jurisdictions with known or suspected chemical weapons or chemical warfare agent presence (e.g., disposal sites containing chemical agent identification sets): Alaska, Arizona, California, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Massachusetts, Michigan, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, Ohio, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, the U.S. Virgin Islands, Virginia, Washington, Washington, D.C., and Wyoming. Resource Conservation and Recovery Act (RCRA) hazardous waste programs are reviewed to determine whether chemical weapons or chemical warfare agents are listed hazardous wastes or otherwise defined or identified as hazardous wastes. Because the U.S. Environmental Protection Agency (EPA) military munitions rule specifically addresses the management of chemical munitions, this report also indicates whether a state has adopted the rule and whether the resulting state regulations have been authorized by EPA. Many states have adopted parts or all of the EPA munitions rule but have not yet received authorization from EPA to implement the rule. In these cases, the states may enforce the adopted munitions rule provisions under state law, but these provisions are not federally enforceable

State-federal interactions in nuclear regulation

Energy Technology Data Exchange (ETDEWEB)

Pasternak, A.D.; Budnitz, R.J.

1987-12-01

The Atomic Energy Act of 1954 established, and later Congressional amendments have confirmed, that except in areas which have been explicitly granted to the states, the federal government possesses preemptive authority to regulate radiation hazards associated with the development and use of atomic energy. Since the passage of the original Act, numerous decisions by the courts have reaffirmed the legitimacy of federal preemption, and have defined and redefined its scope. In this study, the aim is to explore the underlying issues involved in federal preemption of radiation-hazard regulation, and to recommend actions that the Department of Energy and other agencies and groups should consider undertaking in the near term to protect the preemption principle. Appropriate roles of the states are discussed, as well as recent state-level activities and their rationale, and several current arenas in which state-federal conflicts about regulation of hazards are being played out. The emphasis here is on four particular arenas that are now important arenas of conflict, but the issues discussed are far broader in scope. These four arenas are: state-level moratorium activity; emergency planning for reactors; conflicts arising from state financial regulation; and inroads in federal preemption through litigation under state law.

State-federal interactions in nuclear regulation

International Nuclear Information System (INIS)

Pasternak, A.D.; Budnitz, R.J.

1987-12-01

The Atomic Energy Act of 1954 established, and later Congressional amendments have confirmed, that except in areas which have been explicitly granted to the states, the federal government possesses preemptive authority to regulate radiation hazards associated with the development and use of atomic energy. Since the passage of the original Act, numerous decisions by the courts have reaffirmed the legitimacy of federal preemption, and have defined and redefined its scope. In this study, the aim is to explore the underlying issues involved in federal preemption of radiation-hazard regulation, and to recommend actions that the Department of Energy and other agencies and groups should consider undertaking in the near term to protect the preemption principle. Appropriate roles of the states are discussed, as well as recent state-level activities and their rationale, and several current arenas in which state-federal conflicts about regulation of hazards are being played out. The emphasis here is on four particular arenas that are now important arenas of conflict, but the issues discussed are far broader in scope. These four arenas are: state-level moratorium activity; emergency planning for reactors; conflicts arising from state financial regulation; and inroads in federal preemption through litigation under state law

Independent Evaluators of Federal Programs: Approaches, Devices, and Examples

Science.gov (United States)

2010-08-16

rehabilitation of the disorder; the status of studies and clinical trials involving innovative treatments; a description of each treatment program and a...Transit Administration ( FTA ), a part of the Department of Transportation (DOT), oversees the safety and security of rail transit agencies which...an oversight body for each jurisdiction. The program is designed, according to a GAO summary, “as one in which FTA , other federal agencies, states

Jurisdiction Over Cybertorts in the EU

DEFF Research Database (Denmark)

Savin, Andrej

2016-01-01

The article analyses EU jurisdiction rules for civil and commercial tort cases involving the use of the Internet (cybertorts). Since cybertorts have multiplied globally, determination of the appropriate forum in which to recover damages is of paramount importance. Brussels I Regulation (Recast......) contains rules on general jurisdiction, which have largely been unproblematic and rules on special jurisdiction, which have been subject to intense interpretation in the Court of Justice of the European Union (CJEU). The CJEU case law on special jurisdiction in cybertorts is divided into two groups: cases...

Federal/State Radiation Control Legislation, 1974

International Nuclear Information System (INIS)

Miller, L.A.

1975-07-01

A review is presented of Federal and State radiation control legislation for calendar year 1974, in Federal-State, subject, and status order. A brief description of each bill introduced in 1974 is included, plus existing laws or statutes governing radiation control. (auth)

Improving regulatory effectiveness in Federal/State siting actions: Federal/State regulatory permitting actions in selected nuclear power station licensing cases

International Nuclear Information System (INIS)

Baroff, J.

1977-06-01

The Federal/State regulatory permitting actions in 12 case histories of nuclear power station licensing in nine different states are documented. General observations regarding Federal/State siting roles in the siting process are included. Eleven of the case histories are illustrated with a logic network that gives the actions of the utilities in addition to the Federal/State permits

Universal jurisdiction: state of affairs and ways ahead. : A policy paper

NARCIS (Netherlands)

L. Zegveld (Liesbeth); J.D. Handmaker (Jeff)

2012-01-01

textabstractOn 17 September 2010, the International Institute of Social Studies (ISS), Leiden University and ICCO organised an expert meeting at the ISS on universal jurisdiction (UJ). The meeting was chaired in the morning by Professor John Dugard and in the afternoon by Professor Karin Arts. The

Regulating (for the benefit of) future persons: a different perspective on the FDA's jurisdiction to regulate human reproductive cloning.

Science.gov (United States)

Javitt, Gail H; Hudson, Kathy

2003-01-01

The Food and Drug Administration (FDA) has taken the position that human reproductive cloning falls within its regulatory jurisdiction. This position has been subject to criticism on both procedural and substantive grounds. Some have contended that the FDA has failed to follow administrative law principles in asserting its jurisdiction, while others claim the FDA is ill suited to the task of addressing the ethical and social implications of human cloning. This Article argues, that, notwithstanding these criticisms, the FDA could plausibly assert jurisdiction over human cloning as a form of human gene therapy, an area in which the FDA is already regarded as having primary regulatory authority. Such an assertion would require that the FDA's jurisdiction extend to products affecting future persons, i.e., those not yet born. This Article demonstrates, for the first time, that such jurisdiction was implicit in the enactment of the 1962 Kefauver-Harris Amendments to the Federal Food, Drug, and Cosmetic Act and that the FDA has historically relied on such authority in promulgating regulations for drugs and devices.

Attention to state, local taxes can save producers money

International Nuclear Information System (INIS)

Eggett, R.K.

1997-01-01

A constant challenge for independent oil and gas producers in the US is taxes. While the federal income tax code undergoes periodic revision, with much sound and fury attached to congressional and presidential action, state and local taxes are constantly being revised with little fanfare and little publicity. As an independent producer, one should pay close attention to these taxes because, in the aggregate, businesses pay considerably more to state and local jurisdictions in income, sales and use, and property taxes than they pay to the federal government in income tax. More than 85,000 taxing jurisdictions in the US impose a variety of taxes in a variety of ways, and your company's operations may span a number of them. The goal is to lower one's overall effective rate--the percentage of income one is paying to state and local governments. This article will explore some of the issues raised by the major taxes for which one is responsible

13 CFR 134.405 - Jurisdiction.

Science.gov (United States)

2010-01-01

... Jurisdiction. (a) The Administrative Law Judge selected to preside over an appeal shall decline to accept... disadvantage, economic disadvantage, ownership or control; (2) The appeal is untimely filed under § 134.202 or... before a court of competent jurisdiction over such matters. (b) Once the Administrative Law Judge accepts...

29 CFR 301.4 - Jurisdiction.

Science.gov (United States)

2010-07-01

... 29 Labor 2 2010-07-01 2010-07-01 false Jurisdiction. 301.4 Section 301.4 Labor Regulations Relating to Labor NATIONAL RAILROAD ADJUSTMENT BOARD RULES OF PROCEDURE § 301.4 Jurisdiction. (a) First... porters, and maids and dining-car employees. (d) Fourth Division. The Fourth Division will have...

Immigration Federalism as Ideology: Lessons from the States

Directory of Open Access Journals (Sweden)

Lina Newton

2015-11-01

Full Text Available Over the last decade states passed hundreds of immigration bills covering a range of policy areas. This article considers the recent state legislative surge against scholarly treatments of immigration federalism, and identifies the symbolic politics in state lawmaking. The analysis combines a historical treatment of key court decisions that delineated boundaries of state and federal immigration roles with a legislative analysis of over 2200 immigration bills passed between 2006 and 2013, to identify the numerous ways in which national immigration policy shapes state measures. It argues that recent laws must be considered against symbolic federalism which privileges state sovereignty and justifies social policy devolution by advancing frames of intergovernmental conflict, state-level policy pragmatism, and federal ineffectiveness.

Getting the job done: Resolving state-federal conflicts in Superfund

Energy Technology Data Exchange (ETDEWEB)

Smith, R.; Silver, D.

1998-12-31

The American system of federalism creates frequent opportunities for clashes between state and federal environmental regulators.State and federal environmental laws overlap but are not easily reconciled. Most federal environmental law provides no clear answer as to how to reconcile differing mandates of state and federal environmental regulators. In this article, they will examine these state-federal conflicts as they played out in 1994 in the cleanup of contaminated sites in the state of Washington. This article describes the way a regional office of the Environmental Protection Agency and the state`s Department of Ecology developed a novel approach to managing the essential tension between overlapping state and federal cleanup laws.

28 CFR 2.17 - Original jurisdiction cases.

Science.gov (United States)

2010-07-01

... 28 Judicial Administration 1 2010-07-01 2010-07-01 false Original jurisdiction cases. 2.17 Section... Original jurisdiction cases. (a) Following any hearing conducted pursuant to these rules, the Regional Commissioner may designate that a case should be decided as an original jurisdiction case. If the Regional...

Federalism & bioethics: states and moral pluralism.

Science.gov (United States)

Fossett, James W; Ouellette, Alicia R; Philpott, Sean; Magnus, David; McGee, Glenn

2007-01-01

Bioethicists are often interested mostly in national standards and institutions, but state governments have historically overseen a wide range of bioethical issues and share responsibility with the federal government for still others. States ought to have an important role. By allowing for multiple outcomes, the American federal system allows a better fit between public opinion and public policies.

Creating an Ideal State-Federal Data Partnership to Improve Policymaking Related to College Affordability. State-Federal Partnerships in Postsecondary Education

Science.gov (United States)

Prescott, Brian; Michelau, Demaree; Lane, Patrick

2016-01-01

College affordability, like many other postsecondary policy areas, requires coordinated federal and state policies built on coordinated information. While the potential for partnerships between states and the federal government is endless and often includes missed opportunities, this paper reimagines one form of federalism in higher education…

Parallel Federal/State Antitrust Investigations

OpenAIRE

Stephen Houck

2012-01-01

Those matters in which both federal and state antitrust authorities do take an interest usually have significant impacts across state lines and even international borders. Stephen D. Houck (Menaker & Herrmann LLP)

36 CFR 293.10 - Jurisdiction over wildlife and fish.

Science.gov (United States)

2010-07-01

... and fish. 293.10 Section 293.10 Parks, Forests, and Public Property FOREST SERVICE, DEPARTMENT OF AGRICULTURE WILDERNESS-PRIMITIVE AREAS § 293.10 Jurisdiction over wildlife and fish. Nothing in the... States with respect to wildlife and fish in the National Forests. ...

40 CFR 1508.15 - Jurisdiction by law.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Jurisdiction by law. 1508.15 Section 1508.15 Protection of Environment COUNCIL ON ENVIRONMENTAL QUALITY TERMINOLOGY AND INDEX § 1508.15 Jurisdiction by law. Jurisdiction by law means agency authority to approve, veto, or finance all or part of the...

23 CFR 1.3 - Federal-State cooperation; authority of State highway departments.

Science.gov (United States)

2010-04-01

... 23 Highways 1 2010-04-01 2010-04-01 false Federal-State cooperation; authority of State highway... MANAGEMENT AND ADMINISTRATION GENERAL § 1.3 Federal-State cooperation; authority of State highway departments... State in all matters relating to, and to enter into, on behalf of the State, all contracts and...

Pre–Emption: Federal Statutory Intervention in State Taxation

OpenAIRE

Wildasin, David E.

2007-01-01

This paper examines the implications of Federal statutory restrictions on state government taxing powers. Such pre-emption can prevent states from pursuing policies that are best adapted to their economic circumstances and objectives, inefficiently constraining decentralized state tax policymaking. States policy choices may, however, harm the efficient operation of the US federation as a whole; in such cases, the “visible hand” of Federal pre-emption may lead to improved policy outcomes. Exis...

Towards Uniformity of Radiation Protection Legislation in a Multi-jurisdictional country- the Australian Experience

International Nuclear Information System (INIS)

Koperski, J. G.

2004-01-01

Australia is a federation of nine jurisdictions, each with independent radiation protection legislation. The existing legislative non-uniformity across the jurisdictions has constituted an impediment for operators who must comply with differing legislative requirements in different jurisdictions. To address this issue, a National Competition Policy Review of Radiation Protection Legislation took place in 2000/2001. It has produced 19 Recommendations, which addressed objectives of the legislation, the need to regulate, alternative regulatory approaches, national uniformity, licensing and registration, strict and prescriptive standards, advertising and promotional activities, compliance costs and cost recovery issues. The Review has recommended that jurisdictions should retain the regulatory approach to achieve radiation protection objectives rather than leave them to be decided by market forces. But the approach should be performance-based, i.e. outcome-focused rather than prescriptive. An Implementation Plan of the Recommendations has been created which, by the end of 2004, will produce the National Directory for Radiation Protection. The Directory, which will become a consolidated repository of radiation protection standards, guidelines, codes of practice and administrative principles will provide a uniform national framework for radiation protection legislation in Australia. It will provide guidance for the jurisdictions redrawing their legislations. Because of its central role in shaping future legislation, the Directory will contain only those provisions, which have passed a formal process (process for issue resolution) concluded by an approval by the Australian Health Ministers Conference. Such process will also expedite the uniform adoption nationwide of legislative trends emerging from international radiation protection recommendations and standards. This Australian model might be a viable example for other multi-jurisdictional countries to consider

49 CFR 172.701 - Federal-State relationship.

Science.gov (United States)

2010-10-01

... 49 Transportation 2 2010-10-01 2010-10-01 false Federal-State relationship. 172.701 Section 172... TABLE, SPECIAL PROVISIONS, HAZARDOUS MATERIALS COMMUNICATIONS, EMERGENCY RESPONSE INFORMATION, TRAINING REQUIREMENTS, AND SECURITY PLANS Training § 172.701 Federal-State relationship. This subpart and the parts...

State/Federal Regulatory Considerations

Science.gov (United States)

This page contains presentations from the Brown to Green: Make the Connection to Renewable Energy workshop held in Santa Fe, New Mexico, during December 10-11, 2008, regarding State/Federal Regulatory Considerations.

30 CFR 282.10 - Jurisdiction and responsibilities of Director.

Science.gov (United States)

2010-07-01

... part and are under the jurisdiction of the Director: Exploration, testing, and mining operations... 30 Mineral Resources 2 2010-07-01 2010-07-01 false Jurisdiction and responsibilities of Director... Jurisdiction and Responsibilities of Director § 282.10 Jurisdiction and responsibilities of Director. Subject...

30 CFR 931.30 - State-Federal cooperative agreement.

Science.gov (United States)

2010-07-01

.... 7401, et seq., and implementing regulations. 7. The Federal Water Pollution Control Act, 33 U.S.C. 1251... INTERIOR PROGRAMS FOR THE CONDUCT OF SURFACE MINING OPERATIONS WITHIN EACH STATE NEW MEXICO § 931.30 State-Federal cooperative agreement. The State of New Mexico (State) acting through the Governor and the...

International Jurisdiction and Commercial Litigation: uniform rules for contract disputes

NARCIS (Netherlands)

H. van Lith (Hélène)

2009-01-01

textabstractThis book deals with judicial jurisdiction of state courts in international disputes, in particular those arising out of transnational commercial contracts entered into between private entities, individuals, and corporations.1 The present study examines whether any common grounds in

Marine Jurisdiction Boundaries

Data.gov (United States)

Department of Homeland Security — The NOAA Coastal Services Center's Marine Jurisdiction dataset was created to assist in marine spatial planning and offshore alternative energy sitting. This is a...

Marine Jurisdictions Database

National Research Council Canada - National Science Library

Goldsmith, Roger

1998-01-01

The purpose of this project was to take the data gathered for the Maritime Claims chart and create a Maritime Jurisdictions digital database suitable for use with oceanographic mission planning objectives...

Federal Grants to State and Local Governments

Science.gov (United States)

Congressional Budget Office, 2013

2013-01-01

In fiscal year 2011, the federal government provided $607 billion in grants to state and local governments. Those funds accounted for 17 percent of federal outlays, 4 percent of gross domestic product (GDP), and a quarter of spending by state and local governments that year. Over the past 30 years, those "intergovernmental" grants--financial…

Local jurisdictions and active shooters : building networks, building capacities

OpenAIRE

Frazzano, Tracy L.

2010-01-01

CHDS State/Local Approved for public release; distribution is unlimited States incidents (Columbine High School shooting (April 20, 1999) and North Hollywood Bank shoot out (February 28, 1997) were studied. Individuals from the U.S. cases were interviewed to explore information not necessarily documented. Data from the case studies and interviews were collated and reviewed for common themes. These themes were analyzed to draw conclusions on how smaller jurisdictions should proceed in bu...

Page TOWARDS CONTAINING THE JURISDICTIONAL PROBLEMS ...

African Journals Online (AJOL)

Fr. Ikenga

General's argument and asserted jurisdiction over the website owner based in .... would be false to claim that the webpage was anywhere else but on the ... 31 See W. Byassee, “Jurisdiction of Cyberspace: Applying Real World ... and Spread of Nationalism, Macmillan, London, 1983, p. ..... 45 Cable News Network, L.P. v.

43 CFR 4.1101 - Jurisdiction of the Board.

Science.gov (United States)

2010-10-01

... 43 Public Lands: Interior 1 2010-10-01 2010-10-01 false Jurisdiction of the Board. 4.1101 Section... APPEALS PROCEDURES Special Rules Applicable to Surface Coal Mining Hearings and Appeals General Provisions § 4.1101 Jurisdiction of the Board. (a) The jurisdiction of the Board, as set forth in § 4.1(b)(3...

Policy gridlock in waste management: Balancing federal and state concerns

Energy Technology Data Exchange (ETDEWEB)

Feldman, D.L. [Oak Ridge National Lab., TN (United States); Peretz, J.H.; Jendrucko, B.K. [Univ. of Tennessee, Knoxville, TN (United States)

1993-12-31

Current federal hazardous and low-level radioactive waste management policies fail to balance national concerns for policy consistency with state concerns for equity, discretion, and adequate resources. Failure to balance these competing values has resulted in {open_quotes}policy gridlock{close_quotes} - exemplified by conflicts over the Resource Conservation and Recovery Act and the Low-Level Radioactive Waste Policy Acts. Both conflicts have resulted in recent U.S. Supreme Court litigation. After reviewing federal-state conflict in hazardous and low-level radioactive waste management, we propose that the solution to gridlock lies in modifying conjoint federalism. Conjoint federalism allows for joint responsibility for waste policy between federal and state governments, with state programs meeting minimum standards set by federal programs. However, conjoint federalism does not currently allow for sufficient state discretion, which is paramount for successful waste management programs. Specifically, Congress should expand conjoint federalism, to allow states to charge differential fees on imported hazardous waste as is done for low-level radioactive waste. This expansion would encourage waste minimization and better interstate planning.

Policy gridlock in waste management: Balancing federal and state concerns

International Nuclear Information System (INIS)

Feldman, D.L.; Peretz, J.H.; Jendrucko, B.K.

1993-01-01

Current federal hazardous and low-level radioactive waste management policies fail to balance national concerns for policy consistency with state concerns for equity, discretion, and adequate resources. Failure to balance these competing values has resulted in open-quotes policy gridlockclose quotes - exemplified by conflicts over the Resource Conservation and Recovery Act and the Low-Level Radioactive Waste Policy Acts. Both conflicts have resulted in recent U.S. Supreme Court litigation. After reviewing federal-state conflict in hazardous and low-level radioactive waste management, we propose that the solution to gridlock lies in modifying conjoint federalism. Conjoint federalism allows for joint responsibility for waste policy between federal and state governments, with state programs meeting minimum standards set by federal programs. However, conjoint federalism does not currently allow for sufficient state discretion, which is paramount for successful waste management programs. Specifically, Congress should expand conjoint federalism, to allow states to charge differential fees on imported hazardous waste as is done for low-level radioactive waste. This expansion would encourage waste minimization and better interstate planning

Offshore finfish aquaculture in the United States: An examination of federal laws that could be used to address environmental and occupational public health risks.

Science.gov (United States)

Fry, Jillian P; Love, David C; Shukla, Arunima; Lee, Ryan M

2014-11-19

Half of the world's edible seafood comes from aquaculture, and the United States (US) government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

Successfully navigating electricity transactions through jurisdictions in the northeast and midwest

Energy Technology Data Exchange (ETDEWEB)

Chappelle, H. [EES Group, Toronto, ON (Canada)

2002-07-01

This presentation described the framework of issues defining the effectiveness of inter-jurisdictional power transactions with reference to open market competition in Ontario and the current FERC initiative affecting transactions with adjacent markets in the United States. The opportunities and risks associated with inter-jurisdictional power transactions were pointed out, along with the interplay between forward and balancing markets. The future of the Regional Transmission Organizations (RTOs) and standard market design were also described. Inter-jurisdictional transactions were described as being a fundamental element of power markets in North America where consumers benefit from reliable supply and cost efficiency. Locational value of the delivered energy is reflected in transparent price which is determined by supply and demand. The efficient balancing markets promote liquid forward markets, as well as investment in power generation and transmission. Price risk is managed through market-based mechanisms by load-serving companies and capable consumers. Opportunities for Ontario buyers include increased reliability, increased competition among suppliers, and market drivers for demand response and innovation. Opportunities for suppliers include additional customers, hedge transactions across jurisdictions, and portfolio strategies. Opportunities for risk managers include broader, more liquid markets for standard products, robust markets for energy-linked commodities, and an increased need for customized, highly-structured financial products. 11 figs.

Successfully navigating electricity transactions through jurisdictions in the northeast and midwest

International Nuclear Information System (INIS)

Chappelle, H.

2002-01-01

This presentation described the framework of issues defining the effectiveness of inter-jurisdictional power transactions with reference to open market competition in Ontario and the current FERC initiative affecting transactions with adjacent markets in the United States. The opportunities and risks associated with inter-jurisdictional power transactions were pointed out, along with the interplay between forward and balancing markets. The future of the Regional Transmission Organizations (RTOs) and standard market design were also described. Inter-jurisdictional transactions were described as being a fundamental element of power markets in North America where consumers benefit from reliable supply and cost efficiency. Locational value of the delivered energy is reflected in transparent price which is determined by supply and demand. The efficient balancing markets promote liquid forward markets, as well as investment in power generation and transmission. Price risk is managed through market-based mechanisms by load-serving companies and capable consumers. Opportunities for Ontario buyers include increased reliability, increased competition among suppliers, and market drivers for demand response and innovation. Opportunities for suppliers include additional customers, hedge transactions across jurisdictions, and portfolio strategies. Opportunities for risk managers include broader, more liquid markets for standard products, robust markets for energy-linked commodities, and an increased need for customized, highly-structured financial products. 11 figs

77 FR 66482 - Federal-State Unemployment Compensation Program: Certifications for 2012 Under the Federal...

Science.gov (United States)

2012-11-05

... DEPARTMENT OF LABOR Employment and Training Administration Federal-State Unemployment Compensation Program: Certifications for 2012 Under the Federal Unemployment Tax Act AGENCY: Employment and Training... Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to...

75 FR 68001 - Federal-State Unemployment Compensation Program: Certifications for 2010 under the Federal...

Science.gov (United States)

2010-11-04

... DEPARTMENT OF LABOR Employment and Training Administration Federal-State Unemployment Compensation Program: Certifications for 2010 under the Federal Unemployment Tax Act AGENCY: Employment and Training... Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to...

78 FR 67200 - Federal-State Unemployment Compensation Program: Certifications for 2013 Under the Federal...

Science.gov (United States)

2013-11-08

... DEPARTMENT OF LABOR Employment and Training Administration Federal-State Unemployment Compensation Program: Certifications for 2013 Under the Federal Unemployment Tax Act AGENCY: Employment and Training... Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to...

76 FR 68790 - Federal-State Unemployment Compensation Program: Certifications for 2011 Under the Federal...

Science.gov (United States)

2011-11-07

... DEPARTMENT OF LABOR Employment and Training Administration Federal-State Unemployment Compensation Program: Certifications for 2011 Under the Federal Unemployment Tax Act AGENCY: Employment and Training... Federal Unemployment Tax Act, 26 U.S.C. 3301 et seq., thereby enabling employers who make contributions to...

24 CFR 58.14 - Interaction with State, Federal and non-Federal entities.

Science.gov (United States)

2010-04-01

... 24 Housing and Urban Development 1 2010-04-01 2010-04-01 false Interaction with State, Federal and non-Federal entities. 58.14 Section 58.14 Housing and Urban Development Office of the Secretary... ENVIRONMENTAL RESPONSIBILITIES General Policy: Responsibilities of Responsible Entities § 58.14 Interaction with...

15 CFR 990.41 - Determination of jurisdiction.

Science.gov (United States)

2010-01-01

...) NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION, DEPARTMENT OF COMMERCE OIL POLLUTION ACT REGULATIONS NATURAL RESOURCE DAMAGE ASSESSMENTS Preassessment Phase § 990.41 Determination of jurisdiction. (a... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Determination of jurisdiction. 990.41...

State, federalism and educational policies: implications in brazilian education

Directory of Open Access Journals (Sweden)

Karla Cristina Silva Sousa

2018-01-01

Full Text Available The article discusses the relationship between state and federalism as a political and administrative organizational form of the state and its implications in Brazilian educational policy. For that, we follow the analysis of the concepts of State, federalism, and educational policies from the classics of Machiavelli (2001, Locke (1998, Rousseau (1999, Hamilton, Jay and Madison (2003, Abrucio Arretche (1996, among others. Therefore, we see that the new Brazilian federalism based on the model proposed by the American Constitution brings the local powers – the municipalities – as new agents within the educational policy and the collaboration regime as a means of effecting cooperative federalism in Brazil. We conclude that the federalism, in Brazilian model, presents itself as demos constraining the national sub-governments.

Permissible state permit/fee systems for radioactive materials transportation

International Nuclear Information System (INIS)

Friel, L.

1987-01-01

Many state permit/fee systems for radioactive materials transportation have been ruled inconsistent with federal law invalidated by the courts. As the date for repository operation, and its associated transportation, draws near, more states can be expected to adopt permit/fee systems. Examination of the U.S. Department of Transportation's advisory rulings and federal court cases on previous permit/fee systems gives general guidance on the type of permit/fee systems most likely to withstand challenges. Such a system would: have a simplified permit application with minimal information requirements; address a federally-defined class of hazardous or radioactive materials; allow access to all shipments conducted in compliance with federal law; charge a fee reasonably related to the costs imposed on the state by the transportation; and minimize the potential for re-directing shipments to other jurisdictions

Is optimum and effective work done in administrative jurisdiction

International Nuclear Information System (INIS)

Hoecht, H.

1980-01-01

Is optimum and effective work done in administrative jurisdiction. The author describes the general situation prevailing in administrative jurisdiction. He gives tables on the number of subjects received per annum, of judges administering justice and figures on executed and non-executed proceedings. He reports on districts of jurisdiction, personnel, court administration and the amount of work. The investigation into administrative jurisdiction has shown accomplishments for 1978 which are not bad at all. Sporadic administrative shortcomings are to be realized and put to an end. (HSCH) [de

State enforcement of federal standards: Implications for interstate pollution

Energy Technology Data Exchange (ETDEWEB)

Hutchinson, Emma; Kennedy, Peter W. [Department of Economics, University of Victoria, Victoria, BC V8W 2Y2 (Canada)

2008-08-15

This paper explores the relationship between interstate air pollution and the division of power between federal and state agencies in setting and enforcing standards. In the context of the US Clean Air Act we argue that the EPA is able to monitor the adoption of technology-based standards more closely than it can monitor state-level enforcement, and that this causes an effective division of control between federal and state agencies. Our analysis offers three main insights into the interstate pollution problem in this setting. First, states have an incentive to enforce standards less stringently on firms located close to downwind borders, and this leads to excessive interstate pollution in equilibrium. Second, there can arise an inherent substitutability in the regulatory problem between strict standards and compliance effort, and this creates a strategic linkage between the federal policy on standards and state policies on enforcement. In particular, a tighter federal standard can induce less selective enforcement but can also lead to less enforcement overall. Third, states will attempt to neutralize the impact of location-based federal standards (that specifically target interstate pollution) in a way that actually exacerbates the underlying enforcement problem. (author)

Conflicts of Jurisdiction in Criminal Proceedings

Directory of Open Access Journals (Sweden)

Mihail Silviu Pocora

2015-05-01

Full Text Available This paper will consider the practical settlement of conflicts of jurisdiction both in relation to the forum for prosecution and transfer of proceedings. The corollary of free movement of people is free movement of judgments, sentences and related powers of investigation and prosecution. Cross border crime requires to be addressed by equipping law enforcement and prosecution authorities with mechanisms to ensure the public interest in the investigation and prosecution of crime is met. The starting point for any consideration is the place where the criminal conduct took place. Sometimes the crime is such that criminal jurisdiction will be fixed - such as theft of property, crimes of violence - where others have an impact or criminal conduct in more than one jurisdiction - drug importation, major transnational drug dealing, human trafficking, terrorism.

New jurisdiction of the European Court of Justice in resolving monetary and fiscal disputes

Directory of Open Access Journals (Sweden)

Dimitrijević Marko

2016-01-01

Full Text Available The global financial crisis has caused the need for a stronger positioning of the European Court of Justice in the new model of economic governance in the European Union. The Jurisdiction of the European Court of Justice contributes in creating the optimal legal control mechanism of budget spending in the European monetary law and ensure maintenance of euro-zone fiscal framework. The role of the European Court of Justice in the EMU in earlier periods was secondary, but in times of crisis, it points to the growing need of Jurisdiction's extending in the field of monetary relations between member states and respect of convergence rules. Court's Jurisdiction in resolving of monetary and fiscal disputes is increasingly implemented in determining the legal nature of international agreements, whose ratio is economic stability, where the Judgments regarding complementarities of these legal documents with primary law provisions have the crucial impact on the future direction of national fiscal policies coordination. Although, the Court's Jurisdiction in this area is still underdeveloped and Judgments are often conditioned by pragmatism reasons, by development of credible macroeconomic dialogue between Court of Justice, European Central Bank and European Court of Auditors may establish conditions for fullfiling legal gaps in the performance of monetary and fiscal Jurisdiction of the Court.

Nuclear supervision - Administration by the federal states on behalf of the Federal Government or direct federal administration for optimum achievement

International Nuclear Information System (INIS)

Renneberg, W.

2005-01-01

One year ago, Federal Minister for the Environment Juergen Trittin expressed doubt about the long-term viability of the federal states' acting on behalf of the federal government in the field of atomic energy law administration. An alternative to this type of administration was mentioned, namely direct execution by the feral government, and a thorough examination was announced. This was to show which type of administration would achieve maximum safety for the residual operating lives of nuclear power plants. Kienbaum Management Consultants were commissioned to evaluate the current status and potential alternative structures. That study was performed within the framework of one of the key projects in reactor safety of the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), namely the reform of nuclear administration. Further steps to be taken by the BMU by the end of this parliamentary term are presented. The federal state are to be approached in an attempt to conduct an unbiased discussion of the pros and cons of the alternatives to administration by the federal states on behalf of the federal government. Questions will be clarified which need to be examined in depth before direct administration by the federal government can be introduced. These include constitutional matters and matters of costing in financing the higher-level federal authority as well as specific questions about the organization of that authority. The purpose is to elaborate, by the end of this parliamentary term, a workable concept of introducing direct federal administration of nuclear safety. (orig.)

36 CFR 8.4 - Federal and State labor laws.

Science.gov (United States)

2010-07-01

... 36 Parks, Forests, and Public Property 1 2010-07-01 2010-07-01 false Federal and State labor laws... State labor laws. A concessioner shall comply with all standards established pursuant to Federal or State labor laws, such as those concerning minimum wages, child labor, hours of work, and safety, that...

30 CFR 944.30 - State-Federal Cooperative Agreement.

Science.gov (United States)

2010-07-01

... OSMRE's Western Field Operations office will work with DOGM to estimate the amount the Federal... applicable Federal laws may be specified in working agreements between OSMRE and the State, with the... Policy Act (NEPA), this Agreement, and other applicable Federal laws. The Secretary will carry out these...

Offshore Finfish Aquaculture in the United States: An Examination of Federal Laws That Could be Used to Address Environmental and Occupational Public Health Risks

Directory of Open Access Journals (Sweden)

Jillian P. Fry

2014-11-01

Full Text Available Half of the world’s edible seafood comes from aquaculture, and the United States (US government is working to develop an offshore finfish aquaculture industry in federal waters. To date, US aquaculture has largely been regulated at the state level, and creating an offshore aquaculture industry will require the development of a new regulatory structure. Some aquaculture practices involve hazardous working conditions and the use of veterinary drugs, agrochemicals, and questionable farming methods, which could raise environmental and occupational public health concerns if these methods are employed in the offshore finfish industry in the US. This policy analysis aims to inform public health professionals and other stakeholders in the policy debate regarding how offshore finfish aquaculture should be regulated in the US to protect human health; previous policy analyses on this topic have focused on environmental impacts. We identified 20 federal laws related to offshore finfish aquaculture, including 11 that are relevant to preventing, controlling, or monitoring potential public health risks. Given the novelty of the industry in the US, myriad relevant laws, and jurisdictional issues in an offshore setting, federal agencies need to work collaboratively and transparently to ensure that a comprehensive and functional regulatory structure is established that addresses the potential public health risks associated with this type of food production.

Jurisdiction of the international Criminal Court: Analysis, loopholes ...

African Journals Online (AJOL)

Jurisdiction of the international Criminal Court: Analysis, loopholes and challenges. ... Journal Home > Vol 3 (2012) > ... One of the most fundamental questions of law is whether a given court has jurisdiction to preside over a given case.

Jurisdiction by Necessity and the Regulation of the Transnational Corporate Actor

Directory of Open Access Journals (Sweden)

Chilenye Nwapi

2014-02-01

Full Text Available This article examines the feasibility of using the jurisdiction by necessity doctrine to promote the accountability of transnational corporations (TNCs for extraterritorial human and environmental rights abuses committed in developing countries with weak accountability mechanisms. Under the doctrine, a court devoid of jurisdiction may nevertheless hear a dispute where it considers that there is no other court where the dispute may be heard or where the plaintiff may be reasonably expected to bring the action. The article analyzes the inadequacy of existing jurisdictional doctrines in light of the complex web of operations of TNCs, which shields them from the reach of traditional jurisdictional doctrines. After exploring the origin of the jurisdiction by necessity doctrine, the article critically examines the elements of the doctrine to see how they may be applied to the regulation of TNCs. The article argues that the emergence of the jurisdiction by necessity doctrine offers plaintiffs in transnational corporate human rights litigation a new jurisdictional possibility to weigh, as the doctrine has the potential to address some of the jurisdictional difficulties encountered in such litigation.

49 CFR 22.15 - Delinquency on Federal, State, or Municipality Debt.

Science.gov (United States)

2010-10-01

... 49 Transportation 1 2010-10-01 2010-10-01 false Delinquency on Federal, State, or Municipality... PROGRAM (STLP) Policies Applying to STLP Loans § 22.15 Delinquency on Federal, State, or Municipality Debt... appropriate Federal and State databases. (b) If any delinquencies are determined during the application...

The New Federalism: State Policies Regarding Embryonic Stem Cell Research.

Science.gov (United States)

Acosta, Nefi D; Golub, Sidney H

2016-09-01

Stem cell policy in the United States is an amalgam of federal and state policies. The scientific development of human pluripotent embryonic stem cells (ESCs) triggered a contentious national stem cell policy debate during the administration of President George W. Bush. The Bush "compromise" that allowed federal funding to study only a very limited number of ESC derived cell lines did not satisfy either the researchers or the patient advocates who saw great medical potential being stifled. Neither more restrictive legislation nor expansion of federal funding proved politically possible and the federal impasse opened the door for a variety of state-based experiments. In 2004, California became the largest and most influential state venture into stem cell research by passing "Prop 71," a voter initiative that created a new stem cell agency and funded it with $3 billion. Several states followed suit with similar programs to protect the right of investigators to do stem cell research and in some cases to invest state funding in such projects. Other states devised legislation to restrict stem cell research and in five states, criminal penalties were included. Thus, the US stem cell policy is a patchwork of multiple, often conflicting, state and federal policies. © 2016 American Society of Law, Medicine & Ethics.

Fighting Harmful Tax Competition Generated by Offshore Jurisdictions

Directory of Open Access Journals (Sweden)

Dan Drosu Saguna

2015-03-01

Full Text Available Harmful tax competition is not just tax system, but can also undermine the interests of local communities and the environment. Tax havens are a huge drain of resources from other countries (basic non tax haven to offshore areas. To operate, tax havens are supported economically, politically, and socially by high tax states. Also, by encouraging savings, it boosts investment and capital formation. Because they are low tax jurisdictions, they exert a higher tax on tax rates worldwide.

State powers and responsibilities concerning the flow of waste

International Nuclear Information System (INIS)

Snyder, Patrick M.; Monaco, Cindy M.

1992-01-01

The primary source of federal jurisdiction over the transportation and management of waste is derived from the Commerce Clause of the U.S. Constitution. That authority is of two main types - active, which empowers federal supervision over matters affecting commerce, and passive, which restrains state activity regarding commerce-related issues. The passive, or dormant, powers prevent a state from undertaking economic protectionist actions, but they do not prevent legitimate regulation for public health and safety where there is not a less intrusive alternative. The Commerce Clause does not prohibit states from making market-based decisions as proprietors, and discriminatory activities may be undertaken in that capacity. A federally approved compact empowers states or groups of states to act in ways that would otherwise be precluded by the Commerce Clause. The public policy issues at work in the above situations are discussed. Several proposals to revise the Low-Level Radioactive Waste Policy Amendments Act to conform with these principles are described. (author)

Health care, federalism and the new Social Union.

Science.gov (United States)

Wilson, K

2000-04-18

The Social Union framework agreement and the Health Accord provide examples of the close relationship that exists between federalism and the delivery of health care. These recent agreements represent a move from a federal-unilateral style of federalism to a more collaborative model. This shift will potentially affect federal funding for health care, interpretation of the Canada Health Act and the development of new health care initiatives. The primary advantage of the new collaborative model is protection of jurisdictional autonomy. Its primary disadvantages are blurring of accountability and potential for exclusion of the public from decision-making.

77 FR 71009 - Framework for Pharmacy Compounding: State and Federal Roles

Science.gov (United States)

2012-11-28

...] Framework for Pharmacy Compounding: State and Federal Roles AGENCY: Food and Drug Administration, HHS... Federal Roles.'' At this public meeting, FDA and State representatives will share their perspectives. Date... would require compliance with Federal standards. In addition, there are open questions about whether...

Secrecy Jurisdictions

OpenAIRE

Schjelderup, Guttorm

2015-01-01

This paper surveys tax haven legislation and links the literature on tax havens to the literature on asymmetric information. I argue that the core aim of tax haven legislation is to create private information (secrecy) for the users of tax havens. This leads to moral hazard and transaction costs in non-havens. The business model of tax havens is illustrated by using Mauritsius and Jersey as case studies. I also provide several real world examples of how secrecy jurisdictions le...

COLLABORATIVE PROCEDURE TO ACHIEVE AN EFFECTIVE JURISDICTIONAL TUTELAGE

Directory of Open Access Journals (Sweden)

Darilê Marques da Matta

2015-12-01

Full Text Available Set in a constitutional context, the procedure should be an effective instrument for the guarantee and realization of rights. Attentive to the needs imposed by the state of Law, the new Civil Procedure Code, approved this year, 2 015, seeks to settle several constitutional guarantees, for the purpose of making the procedure more effective. From the inclusion of collaborative institutes, the new Civil Procedure C ode introduces the concept of self-composition and cooperation of procedural agents to achieve, timely, effective jurisdictional tutelage.

Decontamination of polluted soils in the new Federal States

International Nuclear Information System (INIS)

Burkhardt, K.

1993-01-01

In the course of the privatisation of companies by the Treuhandanstalt (THA), there is a financial risk involved for the property user which is hard to estimate, should the suspicion arise that the property is contaminated with soil pollutants of older origin. Both the Federal Government and the States are prepared to meet some of the costs of the required decontamination treatment in the new Federal States if certain conditions are fulfilled. The necessary inspection and decontamination measures must, in many cases, be cleared with the Treuhandanstalt beforehand. The experiences of the Thuga AG in the inspection and decontamination of pollutants of older origin, especially in the new Federal States, is introduced here. (orig.) [de

Ukraine and the International Criminal Court: Implications of the Ad Hoc Jurisdiction Acceptance and Beyond

DEFF Research Database (Denmark)

Marchuk, Iryna

2016-01-01

The Article examines an array of important legal issues that arise out of the acceptance of the jurisdiction of the International Criminal Court by Ukraine, a non-State Party to the Rome Statute, within the framework of Article 12(3) with respect to the alleged crimes against humanity committed...... during the 2014 Maydan protests (Declaration I) and the alleged war crimes committed in eastern Ukraine and Crimea (Declaration II). It provides an in-depth analysis of constitutional law issues linked to the acceptance of the jurisdiction by Ukraine and discusses its possible implications...

Federal/State cooperation in the licensing of a nuclear power project. A joint licensing process between the US Nuclear Regulatory Commission and the Washington State Energy Facility Site Evaluation Council

International Nuclear Information System (INIS)

1984-05-01

This report summarizes and documents a joint environmental review and licensing process established between the US Nuclear Regulatory Commission (NRC) and the Washington State Energy Facility Site Evaluation Council (EFSEC) in 1980-1983 for the Skagit/Hanford Nuclear Project (S/HNP). It documents the agreements made between the agencies to prepare a joint environmental impact statement responsive to the requirements of the National Environmental Policy Act of 1969 (NEPA) and the Washington State Environmental Policy Act. These agreements also established protocol to conduct joint public evidentiary hearings on matters of mutual jurisdiction, thereby reducing the duplication of effort and increasing the efficiency of the use of resources of federal and state governments and other entities involved in the process. This report may provide guidance and rationale to licensing bodies that may wish to adopt some of the procedures discussed in the report in the event that they become involved in the licensing of a nuclear power plant project. The history of the S/HNP and of the agreement processes are discussed. Discussions are provided on implementing the joint review process. A separate section is included which presents independent evaluations of the process by the applicant, NRC, and EFSEC

Progress in Childhood Vaccination Data in Immunization Information Systems - United States, 2013-2016.

Science.gov (United States)

Murthy, Neil; Rodgers, Loren; Pabst, Laura; Fiebelkorn, Amy Parker; Ng, Terence

2017-11-03

In 2016, 55 jurisdictions in 49 states and six cities in the United States* used immunization information systems (IISs) to collect and manage immunization data and support vaccination providers and immunization programs. To monitor progress toward achieving IIS program goals, CDC surveys jurisdictions through an annual self-administered IIS Annual Report (IISAR). Data from the 2013-2016 IISARs were analyzed to assess progress made in four priority areas: 1) data completeness, 2) bidirectional exchange of data with electronic health record systems, 3) clinical decision support for immunizations, and 4) ability to generate childhood vaccination coverage estimates. IIS participation among children aged 4 months through 5 years increased from 90% in 2013 to 94% in 2016, and 33 jurisdictions reported ≥95% of children aged 4 months through 5 years participating in their IIS in 2016. Bidirectional messaging capacity in IISs increased from 25 jurisdictions in 2013 to 37 in 2016. In 2016, nearly all jurisdictions (52 of 55) could provide automated provider-level coverage reports, and 32 jurisdictions reported that their IISs could send vaccine forecasts to providers via Health Level 7 (HL7) messaging, up from 17 in 2013. Incremental progress was made in each area since 2013, but continued effort is needed to implement these critical functionalities among all IISs. Success in these priority areas, as defined by the IIS Functional Standards (1), bolsters clinicians' and public health practitioners' ability to attain high vaccination coverage in pediatric populations, and prepares IISs to develop more advanced functionalities to support state/local immunization services. Success in these priority areas also supports the achievement of federal immunization objectives, including the use of IISs as supplemental sampling frames for vaccination coverage surveys like the National Immunization Survey (NIS)-Child, reducing data collection costs, and supporting increased precision

Home birth integration into the health care systems of eleven international jurisdictions.

Science.gov (United States)

Comeau, Amanda; Hutton, Eileen K; Simioni, Julia; Anvari, Ella; Bowen, Megan; Kruegar, Samantha; Darling, Elizabeth K

2018-02-13

The purpose of this study was to develop assessment criteria that could be used to examine the level of integration of home birth within larger health care systems in developed countries across 11 international jurisdictions. An expert panel developed criteria and a definition to assess home birth integration within health care systems. We selected jurisdictions based on the publications that were eligible for inclusion in our systematic review and meta-analysis on planned place of birth. We sent the authors of the included publications a questionnaire about home birth practitioners and practices in their respective health care system at the time of their studies. We searched published peer-reviewed, non-peer-reviewed, and gray literature, and the websites of professional bodies to document information about home birth integration in each jurisdiction based on our criteria. Where information was lacking, we contacted experts in the field from the relevant jurisdiction. Home birth is well integrated into the health care system in British Columbia (Canada), England, Iceland, the Netherlands, New Zealand, Ontario (Canada), and Washington State (USA). Home birth is less well integrated into the health care system in Australia, Japan, Norway, and Sweden. This paper is the first to propose criteria for the evaluation of home birth integration within larger maternity care systems. Application of these criteria across 11 international jurisdictions indicates differences in the recognition and training of home birth practitioners, in access to hospital facilities, and in the supplies and equipment available at home births, which give rise to variation in the level of integration across different settings. Standardized criteria for the evaluation of systems integration are essential for interpreting planned home birth outcomes that emerge from contextual differences. © 2018 Wiley Periodicals, Inc.

28 CFR 30.12 - How may a state simplify, consolidate, or substitute federally required state plans?

Science.gov (United States)

2010-07-01

... substitute federally required state plans? 30.12 Section 30.12 Judicial Administration DEPARTMENT OF JUSTICE INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF JUSTICE PROGRAMS AND ACTIVITIES § 30.12 How may a state simplify... with law, a state may decide to try to simplify, consolidate, or substitute federally required state...

Maritime zones and the new provisions on jurisdiction in the 1997 Vienna protocol and in the 1997 Convention on Supplementary Compensation

International Nuclear Information System (INIS)

Gioia, A.

1999-01-01

The issue of maritime zones and the new provisions on jurisdiction in the 1997 conventions are discussed. The relations between the international law of the sea and maritime zones, and civil jurisdiction for acts outside a state's territory are presented. Main implications of the new provisions are discussed. (K.A.)

State regulation of the coming competitive market

International Nuclear Information System (INIS)

Lively, M.B.

1997-01-01

Utilities and state commissions can have retail competition without a federal presence by integrating economics and reliability through a concept called Wide Open Load Following, or WOLF. Under WOLF, the transaction between the utility and the consumer would continue to be a sale that is subject to regulation by the state commission. As a retail sale, the transaction requires no FERC involvement. This article shows how WOLF combines economics and physics for pricing retail electric sales in a competitive market so that the sales remain under the jurisdiction of a state authority, even while third parties participate in the market

Financial Performance of Health Insurers: State-Run Versus Federal-Run Exchanges.

Science.gov (United States)

Hall, Mark A; McCue, Michael J; Palazzolo, Jennifer R

2018-06-01

Many insurers incurred financial losses in individual markets for health insurance during 2014, the first year of Affordable Care Act mandated changes. This analysis looks at key financial ratios of insurers to compare profitability in 2014 and 2013, identify factors driving financial performance, and contrast the financial performance of health insurers operating in state-run exchanges versus the federal exchange. Overall, the median loss of sampled insurers was -3.9%, no greater than their loss in 2013. Reduced administrative costs offset increases in medical losses. Insurers performed better in states with state-run exchanges than insurers in states using the federal exchange in 2014. Medical loss ratios are the underlying driver more than administrative costs in the difference in performance between states with federal versus state-run exchanges. Policy makers looking to improve the financial performance of the individual market should focus on features that differentiate the markets associated with state-run versus federal exchanges.

Federalism, Education-Related Public Good and Growth when Agents are Heterogeneou

OpenAIRE

Floriana Cerniglia; Riccarda Longaretti

2008-01-01

In this paper we use an endogeneous-growth model with human capital and heterogeneous agents to analyse the relationship between fiscal federalism and economic growth. Results show that federalism, which allows education-related public good levels to be tailored on the human capital of heterogeneous agents, increases human capital accumulation. This in turn leads to higher rates of growth. The benefits of federalism are stronger the larger the intra-jurisdiction variance of agents’ human capi...

Climate protection targets in the German federal states; Klimaschutzziele in den deutschen Bundeslaendern

Energy Technology Data Exchange (ETDEWEB)

Biedermann, Anna

2011-07-15

With respect to the embankment of the climatic change, the Federal Republic of Germany has set itself to reduce their annual greenhouse gas emissions by 40 % till to the year 2020 in comparison to 1990. Also, the most federal states want to contribute to the climate protection and therefore have adopted appropriate reduction targets. The main aim of the contribution under consideration is to make the climate protection goals of the federal states comparable with each other and with the 40 % target of the federal government. Therefore, the author first of all reports on the options for action of the federal states in the climate protection. Then the methods are presented with which the federal states balance their greenhouse gas emissions. The goals adopted by the federal states to reduce greenhouse gas emissions are not sufficient to meet the climate target of the federal government.

Managing across levels of government: evaluation of federal-state roles and responsibilities involving nonfederal forests in the United States

Science.gov (United States)

Paul V. Ellefson; Calder M. Hibbard; Michael A. Kilgore

2006-01-01

With the assistance of state foresters and federal agency executives, an evaluation was made of federal and state government roles and responsibilities focused nonfederal forests in the United States. The evaluation involved an inventory of legally (and administratively) defined federal roles, identification bf federal programs supporting accomplishment of such roles,...

38 CFR 1.956 - Jurisdiction.

Science.gov (United States)

2010-07-01

... Referrals to Gao, Department of Justice, Or Irs § 1.956 Jurisdiction. (a) The regional office Committees are... loan defaults as well as from other overpayments of educational assistance benefits) or insurance...

Text Mining of Supreme Administrative Court Jurisdictions

OpenAIRE

Feinerer, Ingo; Hornik, Kurt

2007-01-01

Within the last decade text mining, i.e., extracting sensitive information from text corpora, has become a major factor in business intelligence. The automated textual analysis of law corpora is highly valuable because of its impact on a company's legal options and the raw amount of available jurisdiction. The study of supreme court jurisdiction and international law corpora is equally important due to its effects on business sectors. In this paper we use text mining methods to investigate Au...

Recovering fraudulent claims for Australian federal expenditure on pharmaceuticals and medical devices.

Science.gov (United States)

Faunce, Thomas; Urbas, Gregor; Skillen, Lesley; Smith, Marc

2010-12-01

The Australian Federal Government expends increasingly large amounts of money on pharmaceuticals and medical devices. It is likely, given government experience in other jurisdictions, that a significant proportion of this expenditure is paid as a result of fraudulent claims presented by corporations. In the United States, legislation such as the False Claims Act 1986 (US), the Fraud Enforcement and Recovery Act 2009 (US), the Stark (Physician Self-Referral) Statute 1995 (US), the Anti-Kickback Statute 1972 (US), the Food, Drug and Cosmetic Act 1938 (US), the Social Security Act 1965 (US), and the Patient Protection and Affordable Care Act 2010 (US) has created systematic processes allowing the United States Federal Government to recover billions of dollars in fraudulently made claims in the health and procurement areas. The crucial component involves the creation of financial incentives for information about fraud to be revealed from within the corporate sector to the appropriate state officials. This article explores the opportunities for creating a similar system in Australia in the health care setting.

49 CFR 266.9 - Federal/State share.

Science.gov (United States)

2010-10-01

... salaries for State public employees working in the State Rail Service Assistance Program, shall be... of the objectives of the Rail Service Assistance Program; (iii) Be provided for in the approved grant... Rail Service Assistance Program is 80 percent, with the exception that the Federal share of payments to...

Considering marijuana legalization carefully: insights for other jurisdictions from analysis for Vermont.

Science.gov (United States)

Caulkins, Jonathan P; Kilmer, Beau

2016-12-01

In 2014 the legislature of Vermont, USA passed a law requiring the Secretary of Administration to report on the consequences of legalizing marijuana. The RAND Corporation was commissioned to write that report. This paper summarizes insights from that analysis that are germane to other jurisdictions. Translation of key findings from the RAND Corporation report to the broader policy debate. Marijuana legalization encompasses a wide range of possible regimes, distinguished along at least four dimensions: which organizations are allowed to produce and supply the drug, the regulations under which they operate, the nature of the products that can be distributed and taxes and prices. Vermont's decriminalization had already cut its costs of enforcing marijuana prohibition against adults to about $1 per resident per year. That is probably less than the cost of regulating a legal market. Revenues from taxing residents' purchases after legalization could be many times that amount, so the main fiscal cost of prohibition after decriminalization relative to outright legalization may be foregone tax revenues, not enforcement costs. Approximately 40 times as many users live within 200 miles of Vermont's borders as live within the state; drug tourism and associated tax revenues will be important considerations, as will be the response of other states. Indeed, if another state legalized with lower taxes, that could undermine the ability to collect taxes on even Vermont residents' purchases. Analysis of possible outcomes if Vermont, USA, legalized marijuana reveal that choices about how, and not just whether, to legalize a drug can have profound consequences for the effects on health and social wellbeing, and the choices of one jurisdiction can affect the options and incentives available to other jurisdictions. © 2016 Society for the Study of Addiction.

33 CFR 329.12 - Geographic and jurisdictional limits of oceanic and tidal waters.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 3 2010-07-01 2010-07-01 false Geographic and jurisdictional limits of oceanic and tidal waters. 329.12 Section 329.12 Navigation and Navigable Waters CORPS OF ENGINEERS, DEPARTMENT OF THE ARMY, DEPARTMENT OF DEFENSE DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES...

Inventory of power plants in the United States. [By state within standard Federal Regions, using county codes

Energy Technology Data Exchange (ETDEWEB)

None

1977-12-01

The purpose of this inventory of power plants is to provide a ready reference for planners whose focus is on the state, standard Federal region, and/or national level. Thus the inventory is compiled alphabetically by state within standard Federal regions. The units are listed alphabetically within electric utility systems which in turn are listed alphabetically within states. The locations are identified to county level according to the Federal Information Processing Standards Publication Counties and County Equivalents of the States of the United States. Data compiled include existing and projected electrical generation units, jointly owned units, and projected construction units.

Alkem instruction: Legal relief of a Federal State against instructions under the Atomic Energy Act issued by the Federal Government

International Nuclear Information System (INIS)

Steinberg, R.

1987-01-01

The German Federal Minister for the Environment, Protection of Nature, and Reactor Safety instructed the Hesse State Minister for Economics and Technology to grant the applications filed by Alkem GmbH for a first partial permit of the construction and operation of a fuel element factory, and to grant it on the basis of a draft working document discussed between the two ministries. The new feature is the refusal of the Hesse State Minister to follow these instructions. This has given rise to a conflict between the State and Federal Governments. The article deals with one aspect of the multifaceted legal controversy, i.e., the question of the possibilities of legal relief open to a Federal State against an instruction under the Atomic Energy Act issued by the Federal Government. First, the rank of this instruction within the scope of administration on behalf of the Federal Government will be discussed. Next, the central problem of the preconditions under which an instruction may violate rights of a Federal State will be investigated. Finally, the possibilities of litigation will be briefly referred to. (orig./HP) [de

Information Management System for the California State Water Resources Control Board (SWRCB)

Science.gov (United States)

Heald, T. C.; Redmann, G. H.

1973-01-01

A study was made to establish the requirements for an integrated state-wide information management system for water quality control and water quality rights for the State of California. The data sources and end requirements were analyzed for the data collected and used by the numerous agencies, both State and Federal, as well as the nine Regional Boards under the jurisdiction of the State Board. The report details the data interfaces and outlines the system design. A program plan and statement of work for implementation of the project is included.

Review of the regulation and safety assessment of food substances in various countries and jurisdictions

Science.gov (United States)

Magnuson, Bernadene; Munro, Ian; Abbot, Peter; Baldwin, Nigel; Lopez-Garcia, Rebeca; Ly, Karen; McGirr, Larry; Roberts, Ashley; Socolovsky, Susan

2013-01-01

This review compares the regulations, definitions and approval processes for substances intentionally added to or unintentionally present in human food in the following specific countries/jurisdictions: Argentina, Australia, Brazil, Canada, China, the European Union, Japan, Mexico, New Zealand, and the United States. This includes direct food additives, food ingredients, flavouring agents, food enzymes and/or processing aids, food contact materials, novel foods, and nanoscale materials for food applications. The regulatory authority of each target jurisdiction/country uses its own regulatory framework and although the definitions, regulations and approval processes may vary among all target countries, in general there are many similarities. In all cases, the main purpose of each authority is to establish a regulatory framework and maintain/enforce regulations to ensure that food consumed and sold within its respective countries is safe. There is a move towards harmonisation of food regulations, as illustrated by Australia and New Zealand and by Mercosur. The European Union has also established regulations, which are applicable for all member states, to establish a common authorisation procedure for direct food additives, flavourings and enzymes. Although the path for approval of different categories of food additives varies from jurisdiction to jurisdiction, there are many commonalities in terms of the data requirements and considerations for assessment of the safety of use of food additives, including the use of positive lists of approved substances, pre-market approval, and a separation between science and policy decisions. The principles applied are largely reflective of the early work by the Joint FAO/WHO Expert Committee on Food Additives (JECFA) committees and JECFA assessments of the safety of food additives for human and animal foods. PMID:23781843

A coordinated state/federal volunteer training program

International Nuclear Information System (INIS)

Chuba, T.J.; Dimmick, E.

1993-01-01

While the sinking of the Tenyo Maru and resultant oil spill off Washington's Olympic Peninsula in July 1991 was tragic, it fostered the birth of a cooperative effort by federal and state agencies to train volunteer responders prior to another oil spill. This effort, under the auspices of an Oregon nonprofit group known as SOLV (Stop Oregon Littering and Vandalism), is known as the SOS (SOLV Oil Spill) Steering committee. The purpose of the group is to train volunteer responders to aid federal, state, and local agencies in future oil spill cleanup activities. For the first time in the nation, governmental agencies have joined with corporations and environmental organizations in coordinating educational programs involving citizens in oil spill remediation efforts before the advent of a major spill that could affect coastal areas or inland waterways. Free classes meeting federal and state hazardous waste training criteria are offered quarterly to citizens interested in either volunteer wildlife rehabilitation or beach cleanup. The four-hour course was developed by the US Coast Guard, Oregon State Department of Environmental Quality, and Oregon OSHA. Topics covered include agency responsibilities, site safety plans, general safety, toxicology, material safety data sheets, personal protective equipment, decontamination, heat stress, helicopter safety, and wildlife safety. In addition to course materials, participants receive a certificate and identification card verifying their training. A 1-800 number, computer data base, and newsletter are used to maintain contact with graduates. So far more than 600 volunteers have been trained and are ready to assist should the need arise

The United States Federal Monitoring and Assessment Centre and radiological database management

International Nuclear Information System (INIS)

Mueller, P.G.

1998-01-01

In the spring of 1979, a series of events occurring at the Three Mile Island Nuclear Power plant near Harrisburg, Pennsylvania, resulted in severe core damage. Recognizing that state resources were insufficient to respond to the first major nuclear power plant emergency in the United States, the State of Pennsylvania asked the Federal Government for assistance. The United States Government undertook the preparation of a plan, which would co-ordinate all federal assets. The Federal Radiological Emergency Response Plan (FRERP) assigned unique responsibilities and authorities for responding to domestic radiological emergencies to each of 12 different federal agencies which form the FRERP. The overall data collection, analysis, and processing procedures within the FRMAC are overviewed. (author)

75 FR 77658 - Public Land Order No. 7755; Withdrawal of Public Lands and Reserved Federal Minerals for the Ash...

Science.gov (United States)

2010-12-13

... mining laws (30 U.S.C. Ch. 2), and jurisdiction is transferred to the U.S. Fish and Wildlife Service for... mining laws, and 5,570.02 acres of reserved Federal minerals from location under the mining laws, subject.... This order also transfers jurisdiction of the public lands within the Ash Meadows National Wildlife...

Federal support for state and local response operations - PHE

Science.gov (United States)

coordinating with Genesee County to assist seniors who need help installing water filters. EPA is working with agencies are working diligently to support state and city officials in responding to the Flint, Michigan federal response and recovery efforts. This means that HHS is working across the federal partners from

United States Air Force Agency Financial Report 2013

Science.gov (United States)

2013-01-01

the DoD and number two in the federal government for its purchase and on site production of green power. The Air Force more than doubled its number...protect the contract work from state or local taxation , liens or attachment by the contractor’s creditors, transfer of property, or disposition in...the Air Force’s jurisdiction . The fund is available to such institutions or organizations subject to the terms of the gift, device, or bequest

5 CFR 1209.2 - Jurisdiction.

Science.gov (United States)

2010-01-01

... APPEALS AND STAY REQUESTS OF PERSONNEL ACTIONS ALLEGEDLY BASED ON WHISTLEBLOWING Jurisdiction and..., proposed, taken, or not taken because of the appellant's whistleblowing activities. (b) The Board exercises..., taken, or not taken because of the appellant's whistleblowing activities. If the action is not otherwise...

Due Process in the Internet Jurisdiction: Landing Softly on the Other Side of the Looking Glass

National Research Council Canada - National Science Library

Kolb, Natalie A

2001-01-01

.... However, even if a U.S. state court exercises improper jurisdiction over a non-resident defendant in an Internet case, due process protection can be revived at the choice-of-law and enforcement stages of the judicial proceeding...

10 CFR 1.41 - Office of Federal and State Materials and Environmental Management Programs.

Science.gov (United States)

2010-01-01

... Environmental Management Programs. (a) The Office of Federal and State Materials and Environmental Management...) The Office of Federal and State Materials and Environmental Management Programs— (1) Plans and directs... 10 Energy 1 2010-01-01 2010-01-01 false Office of Federal and State Materials and Environmental...

Offshore jurisdictions, controversial topic of the modern business world

Directory of Open Access Journals (Sweden)

Roxana-Daniela PĂUN

2010-09-01

Full Text Available This article aims to present synthetically the off-shore jurisdiction issues in the context of the globalisation of our lives and automatically of the business world facing new issues and challenges regarding the business in the international area, starting from defining elements and approaching some of the practical challenges offered by the widespread use of such offshore jurisdictions known as “tax havens”.

Federal legal constraints on state and local regulation of radioactive materials transportation

International Nuclear Information System (INIS)

Reese, R.T.; Morris, F.A.; Welles, B.W.

1980-01-01

Within the last five years, the transportation of nuclear materials has experienced a rapid growth of state/local regulations. The federal government is responding to develop a legal basis for declaring these state/local regulations inconsistent and has proceeded to declare certain state regulations invalid. This paper summarizes the relevant legal doctrines, places these doctrines in the context of the federal regulatory framework and reaches conclusions about what forms of state and local regulation may be subject to possible preemptive initiatives and what regulations are unlikely candidates for federal actions. This paper also discusses an example of a preemptive initiative and a federal action. The initiative is contained in DOT's proposed rule on Highway Routing of Radioactive Materials. DOT's first general preemptive action under the Hazardous Materials Transportation Act is described with respect to decisions on Rhode Island's regulations regarding transportation of liquified natural and petroleum gases. There are still some issues that have not been clarified - the role of the federal government in the development and support of emergency response capabilities for nuclear and other hazardous materials, detailed shipment information, and state requirements for prenotifications

Nuclear supervision - Administration by the federal states on behalf of the Federal Government or direct federal administration? Evaluation from a practical point of view

International Nuclear Information System (INIS)

Cloosters, W.

2005-01-01

The organization of supervisory authorities under the Atomic Energy Act is not a new issue. In fact, it was discussed vehemently in the Federal Republic of Germany as far back as in the early fifties. Federal legislation in late 1959 decided to have the Atomic Energy Act executed in part under direct federal responsibility and, as far as the important supervision of the nuclear power plants operated in the Federal Republic of Germany was concerned, by the federal states on behalf of the federal government. Federal Minister for the Environment Trittin reopened the debate about the organization of nuclear administration by announcing his intention to transfer the supervision of nuclear power plants to direct federal administration. This announcement not only raises the question of legal permissibility of transferring nuclear power plant oversight to federal administration, but also requires a critical review, as presented in this article, of practical regulatory supervision to ensure safe operation of nuclear facilities. In this connection, both the actual content of supervisory activities and the way in which they are carried out must be examined in an effort to find an answer based on solid premises to the question raised above. For reasons explained in the contribution, oversight of nuclear power plants cannot be carried out as a centralized function. Instead, the legislative decision of 1959 in favor of the federal states exercising supervision on behalf of the federal government continues to be correct at the present stage also in the light of the steps initiated to opt out of the peaceful uses of nuclear power. (orig.)

Restructuring a State Nutrition Education and Obesity Prevention Program: Implications of a Local Health Department Model for SNAP-Ed.

Science.gov (United States)

Wu, Helen W; Backman, Desiree; Kizer, Kenneth W

The US Department of Agriculture Supplemental Nutrition Assistance Program-Education (SNAP-Ed) funds state programs to improve nutrition and physical activity in low-income populations through its Nutrition Education and Obesity Prevention grants. States vary in how they manage and structure these programs. California substantially restructured its program in 2012 to universally position local health departments (LHDs) as the programmatic lead in all jurisdictions. This study sought to determine whether California's reorganization aligned with desirable attributes of decentralized public management. This study conducted 40 in person, semistructured interviews with 57 local, state, and federal SNAP-Ed stakeholders between October 2014 and March 2015. Local respondents represented 15 counties in all 7 of California's SNAP-Ed regions. We identified 3 common themes that outlined advantages or disadvantages of local public management, and we further defined subthemes within: (1) coordination and communication (within local jurisdictions, across regions, between local and state), (2) efficiency (administrative, fiscal, program), and (3) quality (innovation, skills). We conducted qualitative content analysis to evaluate how respondents characterized the California experience for each theme, identifying positive and negative experiences. California's LHD model offers some distinct advantages, but the model does not exhibit all the advantages of decentralized public management. Strategic planning, partnerships, subcontracting, and fiscal oversight are closer to communities than previously. However, administrative burden remains high and LHDs are limited in their ability to customize programs on the basis of community needs because of state and federal constraints. California's use of a universal LHD model for SNAP-Ed is novel. Recent federal SNAP-Ed changes present an opportunity for other states to consider this structure. Employing small-scale approaches initially (eg

Do the Rich Flee from High State Taxes? Evidence from Federal Estate Tax Returns

OpenAIRE

Jon Bakija; Joel Slemrod

2004-01-01

This paper examines how changes in state tax policy affect the number of federal estate tax returns filed in each state, utilizing data on federal estate tax return filings by state and wealth class for 18 years between 1965 and 1998. Controlling for state- and wealth-class specific fixed effects, we find that high state inheritance and estate taxes and sales taxes have statistically significant, but modest, negative impacts on the number of federal estate tax returns filed in a state. High p...

Radioactive residues at nuclear sites in the United States of America

International Nuclear Information System (INIS)

Fiore, J.; Rampertaap, A.; Greeves, J.; MacKinney, J.; Raguso, M.; Selstrom, J.

2000-01-01

The United States of America has a large number of sites where radioactive materials have been mined, processed, produced, or used. Upon completion of activities at these sites, some will be cleaned up completely and released for unrestricted future use. However, at other sites, contamination will remain on the site following cleanup, requiring long term institutional controls. Depending on the purpose or the activity conducted at a specific site, these locations are generally under the jurisdiction of a federal agency: the United States Department of Energy, the United States Nuclear Regulatory Commission, the United States Environmental Protection Agency, or the United States Department of Defense. However, under certain conditions, the Nuclear Regulatory Commission relinquishes regulatory authority to individual states to regulate the commercial uses of radioactive materials (except for nuclear reactors), so some locations with radioactive materials are under the jurisdiction of individual states. Other sites with naturally occurring radioactive contamination may also be controlled by individual states. One or two sites under the jurisdiction of each agency are discussed where radioactive materials either existed in the past or exist today, and the source of contamination, the anticipated end state, and the process by which the responsible agency did or will conduct cleanup and site closure are described. Several issues are reviewed that must be addressed in order to design and implement remediations that will ensure long term protection for the environment and future inhabitants. The role of citizens in environmental cleanups is examined, and how institutional controls may be applied to ensure long term protection of remediations that leave some contaminants in place. (author)

Improving regulatory effectiveness in Federal/State siting actions. State perspectives on energy facility siting

International Nuclear Information System (INIS)

Stevens, D.W.; Helminski, E.L.

1978-03-01

The National Governors' Association, through its Committee on Natural Resources and Environmental Management, has been concerned with the growing administrative difficulties, both at the federal and state levels, of certifying sites for new major energy facilities. This concern led, early in 1977, to the creation of a Subcommittee on Energy Facility Siting to comprehensively analyze current conditions and determine how basic improvements might be made to the process. The report is meant to further clarify the issues that confront States and the Federal government in the siting of energy facilities

Inconvenient marriages, or what happens when ethnic minorities marry trans-jurisdictionally

Directory of Open Access Journals (Sweden)

Prakash Shah

2010-06-01

Full Text Available This article presents evidence of a trend in the practice of British immigration control of denying recognition to marriages which take place trans-jurisdictionally across national and continental boundaries and across different state jurisdictions. The article partly draws on evidence gleaned from the writer’s own experience of being instructed as an expert witness to provide opinions of the validity of such marriages, and partly on evidence from reported cases at different levels of the judicial system. The evidence demonstrates that decision making in this area, whether by officials or judges, often takes place in arbitrary ways, arguably to fulfil wider aims of controlling the immigration of certain population groups whose presence in the UK and Europe is increasingly seen as undesirable. However, and quite apart from the immigration control concerns underlying such actions, the field throws up evidence of the kinds of legal insecurity faced by those whose marriages are solemnized under non-Western legal traditions and calls into question respect for those traditions when they come into contact with Western officialdom.

Fixing Affordability: An Approach for Advancing Federalism in the Modern Era. State-Federal Partnerships in Postsecondary Education

Science.gov (United States)

Cooper, Michelle Asha

2016-01-01

There is a constant push and pull between state and the federal governments to find the right balance of federalism. By applying this "push-pull" framework to higher education, this brief looks at past policy interventions and how this framework can help to understand the free college movement.

Confederation and federation in the general theory of law and state and in positive law

Directory of Open Access Journals (Sweden)

Petrović Milan

2016-01-01

Full Text Available Scientific interest in issues concerning federalism, which implies determining the difference between a confederation (a union of confederal states and a federation (a federal state comprising federal entities seems to have disappeared after the dissolution of the Socialist Federal Republic of Yugoslavia in 1992, the country which had existed in the period from 1945 to 1992 under different names: the Democratic Federal Yugoslavia (DFY, the Federal Peoples' Republic of Yugoslavia (FPRY, and finally the Socialist Federal Republic of Yugoslavia (SFRY. Although a number of other confederations or federations (notably, the Soviet Union and Czechoslovakia ceased to exist in the 20th century, history bears witness of the establishment of two important associations of states: the United Nations Organisation (UN and the European Union (EU. They are highly significant for Serbia, which is a member state of the UN and cherishes close cooperation with the EU. However, the dissolution of the SFRY has not resolved some important issues among its former member states. The basic postulate of these problems is the fact that the Federal Peoples' Republic of Yugoslavia (FPRY as 'the second Yugoslavia' is not the successor state of the Kingdom of Yugoslavia ('the first Yugoslavia' because 'the first Yugoslavia' was never dissolved, i.e. its international personality did not cease to exist; namely, the 'second Yugoslavia' is only the continuator state (ensuring the continuity of the state in the territory of its predecessor, just as the Kingdom of Yugoslavia was the continuator state rather than the successor state of the Kingdom of Serbia. Hence, the problem comes down to the identity of legal subjects. The essential difference between a confederation and a federation are as follows: 1 confederation member states may autonomously decide whether they would act independently abroad (e.g. to maintain diplomatic relations, to conclude international agreements, etc.; on

20 CFR 408.1215 - How do you establish eligibility for Federally administered State recognition payments?

Science.gov (United States)

2010-04-01

... Federally administered State recognition payments? 408.1215 Section 408.1215 Employees' Benefits SOCIAL... Recognition Payments § 408.1215 How do you establish eligibility for Federally administered State recognition... deemed to have filed an application for any Federally administered State recognition payments for which...

75 FR 76691 - Oregon; Correction of Federal Authorization of the State's Hazardous Waste Management Program

Science.gov (United States)

2010-12-09

...; Correction of Federal Authorization of the State's Hazardous Waste Management Program AGENCY: Environmental... to the State of Oregon's federally authorized RCRA hazardous waste management program. On January 7... changes the State of Oregon made to its federally authorized RCRA Hazardous Waste Management Program...

Current environmental situation in the new Federal States. Pt. 1

International Nuclear Information System (INIS)

Haury, H.J.; Koller, U.; Assmann, G.

1992-01-01

'Information on Environment' organised the first part of a seminar for jounalists on the present environmental situation in the now federal states in Berlin on the 3rd and 4th of December. More than 50 participants from radios, TV, daily and special press attended this ninth event of 'Information on Environment' in Berlin. Leading scientists from research institutes of the former GDR, the Federal Environmental Agency and the GSF-research centre for environment and heath gave papers on the predominant environmental problems in the new federal states. This first part deals with water pollution, waste water treatment, drinking water supply, environmental problems of lignite mining, radiation pollution in the Erzgebirge; forest damage research and special armament wastes and waste problems in general. (orig.) [de

17 CFR 250.8 - Exemption of subsidiaries subject to jurisdiction of Interstate Commerce Commission.

Science.gov (United States)

2010-04-01

... subject to jurisdiction of Interstate Commerce Commission. 250.8 Section 250.8 Commodity and Securities... to jurisdiction of Interstate Commerce Commission. Any subsidiary company of a registered holding company, which subsidiary is subject to the jurisdiction of the Interstate Commerce Commission but is not...

A multi-level, multi-jurisdictional strategy: Transnational tobacco companies' attempts to obstruct tobacco packaging restrictions.

Science.gov (United States)

Hawkins, Benjamin; Holden, Chris; Mackinder, Sophie

2018-03-09

Despite the extensive literature on the tobacco industry, there has been little attempt to study how transnational tobacco companies (TTCs) coordinate their political activities globally, or to theorise TTC strategies within the context of global governance structures and policy processes. This article draws on three concepts from political science - policy transfer, multi-level governance and venue shifting - to analyse TTCs' integrated, global strategies to oppose augmented packaging requirements across multiple jurisdictions. Following Uruguay's introduction of extended labelling requirements, Australia became the first country in the world to require tobacco products to be sold in standardised ('plain') packaging in 2012. Governments in the European Union, including in the United Kingdom and Ireland, adopted similar laws, with other member states due to follow. TTCs vehemently opposed these measures and developed coordinated, global strategies to oppose their implementation, exploiting the complexity of contemporary global governance arrangements. These included a series of legal challenges in various jurisdictions, alongside political lobbying and public relations campaigns. This article draws on analysis of public documents and 32 semi-structured interviews with key policy actors. It finds that TTCs developed coordinated and highly integrated strategies to oppose packaging restrictions across multiple jurisdictions and levels of governance.

Renewable Energy Prices in State-Level Feed-in Tariffs: Federal Law Constraints and Possible Solutions

Energy Technology Data Exchange (ETDEWEB)

Hempling, S.; Elefant, C.; Cory, K.; Porter, K.

2010-01-01

State legislatures and state utility commissions trying to attract renewable energy projects are considering feed-in tariffs, which obligate retail utilities to purchase electricity from renewable producers under standard arrangements specifying prices, terms, and conditions. The use of feed-in tariffs simplifies the purchase process, provides revenue certainty to generators, and reduces the cost of financing generating projects. However, some argue that federal law--including the Public Utility Regulatory Policies Act of 1978 (PURPA) and the Federal Power Act of 1935 (FPA)--constrain state-level feed-in tariffs. This report seeks to reduce the legal uncertainties for states contemplating feed-in tariffs by explaining the constraints imposed by federal statutes. It describes the federal constraints, identifies transaction categories that are free of those constraints, and offers ways for state and federal policymakers to interpret or modify existing law to remove or reduce these constraints. This report proposes ways to revise these federal statutes. It creates a broad working definition of a state-level feed-in tariff. Given this definition, this report concludes there are paths to non-preempted, state-level feed-in tariffs under current federal law.

New Aspects Regarding the Labour Jurisdiction

Directory of Open Access Journals (Sweden)

Răzvan Radu POPESCU

2012-03-01

Full Text Available The existence of two degrees of jurisdiction, the use of a single way of attack, the recourse, and the suppressing of the attack path of the appeal in the matter of labour conflicts, does not constitute unconstitutional dispositions. They have as finality only the assurance of the rapidity in solving such conflicts, without breaching the constitutional disposition according to which no law can restrict access to justice. I've tried to find the new regulation in this domain very important for those who practice labour law. In the Romanian legislation, the enforcement of the court decisions in the matter of labour conflicts is viewed by the lawmaker with great care, in certain cases the non-execution of a court decision being considered a felony. We think this article is a small step in the disclosure of the problem raised by the labour jurisdiction.

Collaborative jurisdiction in the regulation of electric utilities: A new look at jurisdictional boundaries

Energy Technology Data Exchange (ETDEWEB)

NONE

1991-12-31

This conference is one of several activities initiated by FERC, DOE and NARUC to improve the dialogue between Federal and State regulators and policymakers. I am pleased to be here to participate in this conference and to address, with you, electricity issues of truly national significance. I would like to commend Ashley Brown and the NARUC Electricity Committee for its foresight in devising a conference on these issues at this critical juncture in the regulation of the electric utility industry. I also would like to commend Chairman Allday and the FERC for their efforts to improve communication between Federal and State electricity regulators; both through FERC`s Public Conference on Electricity Issues that was held last June, and through the FERC/NARUC workshops that are scheduled to follow this conference. These collaborative efforts are important and necessary steps in addressing successfully the many issues facing the electric utility industry those who regulate it, and those who depend upon it - in other words, about everyone.

The exclusion-inclusion spectrum in state and community response to sex offenders in Anglo-American and European jurisdictions.

Science.gov (United States)

Petrunik, Michael; Deutschmann, Linda

2008-10-01

Continental European and Anglo-American jurisdictions differ with regard to criminal justice and community responses to sex offenders on an exclusion-inclusion spectrum ranging from community protection measures on one end to therapeutic programs in the middle and restorative justice measures on the other end. In the United States, populist pressure has resulted in a community protection approach exemplified by sex offender registration, community notification, and civil commitment of violent sexual predators. Although the United Kingdom and Canada have followed, albeit more cautiously, the American trend to adopt exclusionist community protection measures, these countries have significant community-based restorative justice initiatives, such as Circles of Support and Accountability. Although sex offender crises have recently occurred in continental Europe, a long-standing tradition of the medicalization of deviance, along with the existence of social structural buffers against the influence of victim-driven populist penal movements, has thus far limited the spread of formal community protection responses.

Federal Funding Insulated State Budgets From Increased Spending Related To Medicaid Expansion.

Science.gov (United States)

Sommers, Benjamin D; Gruber, Jonathan

2017-05-01

As states weigh whether to expand Medicaid under the Affordable Care Act (ACA) and Medicaid reform remains a priority for some federal lawmakers, fiscal considerations loom large. As part of the ACA's expansion of eligibility for Medicaid, the federal government paid for 100 percent of the costs for newly eligible Medicaid enrollees for the period 2014-16. In 2017 states will pay some of the costs for new enrollees, with each participating state's share rising to 10 percent by 2020. States continue to pay their traditional Medicaid share (roughly 25-50 percent, depending on the state) for previously eligible enrollees. We used data for fiscal years 2010-15 from the National Association of State Budget Officers and a difference-in-differences framework to assess the effects of the expansion's first two fiscal years. We found that the expansion led to an 11.7 percent increase in overall spending on Medicaid, which was accompanied by a 12.2 percent increase in spending from federal funds. There were no significant increases in spending from state funds as a result of the expansion, nor any significant reductions in spending on education or other programs. States' advance budget projections were also reasonably accurate in the aggregate, with no significant differences between the projected levels of federal, state, and Medicaid spending and the actual expenses as measured at the end of the fiscal year. Project HOPE—The People-to-People Health Foundation, Inc.

Sarawak state elections 2016: revisiting federalism in Malaysia

OpenAIRE

Ali, Rashaad; Osman, Mohamed Nawab Mohamed

2017-01-01

The recent state elections in the Eastern Malaysian state of Sarawak in 2016 saw the ruling coalition, the Barisan Nasional, secure a comfortable victory through its component party, the Parti Pesaka Bumiputera Bersatu, led by the late Adenan Satem, who passed away suddenly on 11 January 2017. A key theme of Adenan’s election cam-paign was greater autonomy for the state of Sarawak, while he also distanced himself from the troubles of the Najib Razak administration and the federal government. ...

Financing Early Childhood Education Programs: State, Federal, and Local Issues

Science.gov (United States)

Hustedt, Jason T.; Barnett, W. Steven

2011-01-01

The landscape of financing early childhood education in the U.S. is complex. Programs run the gamut from tuition-supported private centers to public programs supported by federal, state, or local funds. Different funding streams are poorly coordinated. The federal government funds several major targeted programs that are available only to specific…

Improving the Way State and Federal Co-Regulators Communicate about Risk

International Nuclear Information System (INIS)

Easton, E.; Janairo, L.R.

2009-01-01

This paper explores risk communications concepts that could be used by Federal and state governments to help the public understand how government officials rely on risk analysis and management to ensure that shipments of spent fuel and other radioactive wastes take place in a safe, secure manner that merits public confidence. A key focus in the communication concepts put forward in the paper is the relationship between understanding and validating the public's concerns and explaining how those concerns are being addressed by current safety requirements and practices. The authors will recommend best practices to state and Federal officials that have the responsibility for communicating with the public about radioactive waste transportation. The paper will also suggest ways to bring these state and federal co-regulators together to communicate more effectively and to speak with one voice on the issue of shipment safety. (authors)

A review of low income energy assistance measures adopted in other jurisdictions

International Nuclear Information System (INIS)

2008-01-01

Low-income energy assistance programs (LIEPs) have been established and implemented in many jurisdictions to help make electricity and natural gas more affordable. Low-income programs also serve many other public interest goals, such as safeguarding and protecting the public health and welfare of the citizens; augmenting incomes or standards of living for the lowest income energy customers; encouraging conservation and more efficient use of energy resources; reducing customer care costs for utilities; reducing uncollectible accounts and bad debt expense for utilities; and reducing carbon emissions and greenhouse gas levels. This report contained a summary of the policies, programs, and measures that have been implemented, mandated, or allowed by regulators in other jurisdictions to assist low-income energy consumers with electricity and natural gas costs. The report categorized the differing low income policies and programs that have been implemented and examined the effectiveness of those policies and programs as measured by the costs and benefits, as well the level of customer participation. These categories included rate discounts or waivers; modified rate designs; alternative billing methods; customer rebates; conservation and demand side management programs; budget or equal billing; payment plans for past due accounts; waivers of late payment charges; waivers or reductions of customer security deposits; limits on disconnections; and reduced or waived fees for reconnections. The report covered regulatory jurisdictions, including those in Canada, the United States, the United Kingdom, Australia, New Zealand, France, Spain, and Finland. The report also discussed the role of regulators, utilities, charitable organizations, and other interested parties in developing and implementing low-income energy assistance programs that were cost-effective and efficient. It was concluded that, in addition to rate discounts or waivers of the fixed monthly service charge, many

Pacific Association for Clinical Training (PACT): lessons learned and next steps in developing a sustainable continuing health professionals education system in the United States-Affiliated Pacific Island (USAPI) jurisdictions.

Science.gov (United States)

Buenconsejo-Lum, Lee E; Maskarinec, Gregory G; Palafox, Neal A

2007-03-01

In response to the 1998 Institute of Medicine report, "Pacific Partnerships for Health ", acknowledging the need for the continuing education of health workers in the United States-Affiliated Pacific Island (USAPI) jurisdictions, the U.S. Health Resources and Services Administration (HRSA) awarded a grant (1999-2003) to the University of Washington for a continuing education project in the Pacific. When shortfalls in HRSA funding threatened continuation of the program, Pacific advocates aggressively made a case for refunding of this important project. In 2003, HRSA announced competitive funding for a new program for continuing education. The Department of Family Medicine and Community Health (DFMCH) at the University of Hawai'i (UH), John A. Burns School of Medicine (JABSOM) was awarded the HRSA Cooperative Agreement to run from September 2003 through August 2007, creating PACT the Pacific Association for Clinical Training. PACT assembled a professional, community-based advisory board, most of whom were indigenous Pacific Islanders, and conducted a continuing clinical education needs assessment in every jurisdiction, subsequently developing and delivering programs utilizing distance education relevant to the needs of each USAPI jurisdiction. Priority health areas included diabetes, oral health and geriatrics, as mandated by HRSA. This report describes the processes, accomplishments, challenges and lessons learned from the project. PACT needs assessment reports for each jurisdiction and an executive summary are published as Original Articles in this issue of Pacific Health Dialog. As funding for PACT comes to an end, it is clear that much work remains to be done in the region. "Continuing clinical education" is only one part of a continuum of human resources for health (HRH) workforce development. Continued USAPI regional, U.S. national and international collaboration and resources are needed to achieve the ultimate goal of improved health and health care delivery

Administration and Jurisdictional Policy

Directory of Open Access Journals (Sweden)

Eduardo Hernando Nieto

2009-06-01

Full Text Available To what extent does studying jurisdictional politics need the knowledge of different administrative theories in general and the science of public administration in particular? This small text proposes such reflection and comes to the conclusion that it is impossible to propose a new approximation to this topic without considering the administrative theory, for that the specialists and thinkers will get more with the contact of this discipline from what it is called a multidisciplinary approach.

20 CFR 408.1220 - How do we pay Federally administered State recognition payments?

Science.gov (United States)

2010-04-01

... recognition payments? 408.1220 Section 408.1220 Employees' Benefits SOCIAL SECURITY ADMINISTRATION SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS Federal Administration of State Recognition Payments § 408.1220 How do we pay Federally administered State recognition payments? (a) Payment procedures. We make...

Federated States of Micronesia's forest resources, 2006

Science.gov (United States)

Joseph A. Donnegan; Sarah L. Butler; Olaf Kuegler; Bruce A. Hiserote

2011-01-01

The Forest Inventory and Analysis program collected, analyzed, and summarized field data on 73 forested field plots on the islands of Kosrae, Chuuk, Pohnpei, and Yap in the Federated States of Micronesia (FSM). Estimates of forest area, tree stem volume and biomass, the numbers of trees, tree damages, and the distribution of tree sizes were summarized for this...

The Expansion of Swiss Criminal Jurisdiction in Light of International Law

Directory of Open Access Journals (Sweden)

Anna Petrig

2013-09-01

Full Text Available Over the last few decades, a global trend of extending the reach of domestic penal power can be observed, namely driven by the changing face of crime as it becomes increasingly transnational in nature. It is demonstrated in this article that the Swiss legislature has clearly followed this global trend of broadening the extraterritorial reach of domestic criminal law, most notably since the 1980s. It has acted with particular resolve in the last decade, adding jurisdictional bases to the Swiss Criminal Code by virtue of which Swiss criminal law can be applied to many instances of conduct taking place abroad. Certain offences – specified crimes against minors and female genital mutilation – have even been subjected to an absolute and unrestricted universality principle. The Swiss legislature is not indifferent to the problems that such an expansive approach to jurisdiction may create, notably in terms of conflicts of jurisdiction. Yet, the rules it adopted to temper the effects of applying Swiss criminal law to extraterritorial conduct only partially remedy the situation. This development in Swiss law begs the question whether such an expansive approach towards jurisdiction is permissible – or even encouraged or requested by international law. Hence, this article explores to what extent international law informs the reach of domestic penal power and concludes that international law is Janus-faced with regard to the question of the geographical scope of domestic criminal law. While some of its rules push for long-arm jurisdiction, others put limits on the domestic legislature’s endeavour to expand the reach of its domestic criminal law. In light of this, the idea of adopting, on an international level, general principles governing the definition of the scope of domestic prescriptive and adjudicative jurisdiction for transnational cases is tempting, albeit difficult to realize.

Nuclear supervision - Administration by the federal states on behalf of the Federal Government or direct federal administration for optimum achievement; Atomaufsicht - Bundesautragsverwaltung oder Bundeseigenverwaltung aus der Sicht optimaler Aufgabenerfuellung

Energy Technology Data Exchange (ETDEWEB)

Renneberg, W. [Bundesministerium fuer Umwelt, Naturschutz und Reaktorsicherheit, Bonn (Germany)

2005-01-01

One year ago, Federal Minister for the Environment Juergen Trittin expressed doubt about the long-term viability of the federal states' acting on behalf of the federal government in the field of atomic energy law administration. An alternative to this type of administration was mentioned, namely direct execution by the feral government, and a thorough examination was announced. This was to show which type of administration would achieve maximum safety for the residual operating lives of nuclear power plants. Kienbaum Management Consultants were commissioned to evaluate the current status and potential alternative structures. That study was performed within the framework of one of the key projects in reactor safety of the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), namely the reform of nuclear administration. Further steps to be taken by the BMU by the end of this parliamentary term are presented. The federal state are to be approached in an attempt to conduct an unbiased discussion of the pros and cons of the alternatives to administration by the federal states on behalf of the federal government. Questions will be clarified which need to be examined in depth before direct administration by the federal government can be introduced. These include constitutional matters and matters of costing in financing the higher-level federal authority as well as specific questions about the organization of that authority. The purpose is to elaborate, by the end of this parliamentary term, a workable concept of introducing direct federal administration of nuclear safety. (orig.)

Progress report and preliminary 1981-83 agenda of the United States Radiation Policy Council

International Nuclear Information System (INIS)

1980-09-01

The U.S. Radiation Policy Council is responsible for coordinating the formulation and implementation of Federal Policy relating to radiation protection. In carrying out this very broad and basic mandate, the RPC has been directed to: Advise on the formulation of broad radiation protection policies; monitor the implementation of Federal policies; Help resolve conflicts in jurisdiction among Federal agencies; Recommend corrective legislation, if needed; ensure effective liaison with the States and the Congress; and Serve as a forum for public participation and comment. The RPC was established by Executive Order Number 12194 in February 1980. The Council was created to coordinate the formulation and implementation of Federal policies relating to radiation protection. This report summarizes the first 7 months the Council has been in operation, its activities, and decisions through September 1980

Federal Policies and Higher Education in the United States.

Science.gov (United States)

Prisco, Anne; Hurley, Alicia D.; Carton, Thomas C; Richardson, Richard C., Jr.

The purpose of this report is to describe U.S. federal policies that have helped to shape the context within which state systems of higher education operated during the past decade. It also presents descriptive statistics about the higher education enterprise in the United States, including available performance data. The report is based on the…

77 FR 13149 - Agency Information Collection Activities: Proposed Collection; Comments Requested: Office of...

Science.gov (United States)

2012-03-05

... State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to request that the United States... Collection; Comments Requested: Office of Tribal Justice; Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country ACTION: 30-Day notice of information collection under review...

Federalism and territorial equality: a contradiction in terms?

Directory of Open Access Journals (Sweden)

Marta Arretche

Full Text Available The study explores the relationship between federalism and territorial inequality, taking Brazil as the object of analysis. The conclusion is that there is a trade-off between territorial inequality reduction and the full autonomy of local governments. The central government's redistributive role seems to be a condition for reducing revenue inequality between jurisdictions, and so reducing inequality in citizens' access to public services requires the central government to perform redistributive and regulatory role. On the other hand, local autonomy pushes toward inequality. Hence, federal regulation and local autonomy are combined in a given polity, the result tends to be bound inequality.

Federative competence conflicts in the natural gas sector distribution; Conflitos de competencias federativas no ambito da distribuicao do gas natural

Energy Technology Data Exchange (ETDEWEB)

Soares, Adriano; Nunes, Alessandro; Nascimento, Juliana; Gois, Luciana; Jardim, Mariana; Moura, Tacio; Campos, Vitor [Universidade do Estado do Rio de Janeiro (UERJ), RJ (Brazil). Faculdade de Direito

2004-07-01

This essay intends to broach the role played by the federative agents in the natural gas distribution regulation and analyses the conflict arisen from the new script of the article 25, para. 2nd of the Constitution, given by the amendment 5/95. For this, it is necessary to make a brief expose of the different types of non-tributary federative scope distribution and also to talk over about the natural problems from the lack of a clear appraisal of what canalized gas is, defining the state jurisdiction's object. Only then, it is possible to analyse its limits on the canalized gas local services distribution. In this context, it is evident that the role played by the state regulatory agent in promoting a favourable environment to the competition searching for alternatives concerning the problems of the natural monopoly. Equally important, is the study case of Amazonas, in which is enlightened the position of certain agencies and state agents when their constitutional sphere of influence is extrapolated. For the reasons exposed, it is imperative to improve the current forensic model to guarantee a more effective Union participation, at least to assure a minimum level of regulatory uniformization among the federative states. (author)

The res judicata rule in jurisdictional decisions of the international Court of justice

Directory of Open Access Journals (Sweden)

Kreća Milenko

2014-01-01

Full Text Available The author discusses the effects of the res judicata rule as regards jurisdictional decisions of the International Court of Justice. He finds that there exists a special position of a judgment on preliminary objection in respect to both aspects of the res judicata rule - its binding force and finality. A perception of distinct relativity of a jurisdictional decision of the Court, expressing its interlocatory character pervades, in his opinion, the body of law regulating the Court's activity. Preliminary objections as such do not exhaust objections to the jurisdiction of the Court, as evidenced by non-preliminary objections to the jurisdiction of the Court giving rise to the application of the principle compétence de la compétence understood in the narrow sense. With regard to the binding force of a judgment on preliminary objections, it does not create legal obligations stricto sensu. The author finds that the relative character of jurisdictional decisions of the Court as compared with a judgment on the merits is justified on a number of grounds.

International nuclear legislation: proposals of the Russian Federation

International Nuclear Information System (INIS)

Anon.

2011-01-01

Proposals of the Russian Federation on the amendments to Convention on early notification of a nuclear accident and to Convention on nuclear safety, as well as proposals on enhancement of IAEA safety standards are given. It is suggested to fix a provision regarding prompt and limited in time notification of the concerned State Parties of the Convention and the IAEA by a State where an accident has occurred; as well as a provision that would require making relevant information public. It is proposed to provide for the following commitment of Contracting Parties to the Convention: a Contracting Party planning to start construction of a first nuclear installation under its jurisdiction shall take, prior to commencement of the construction, all necessary steps related to long-term planning and establishment of nuclear power infrastructure, in line with the IAEA recommendations. It is pointed out the necessity of a clear procedure of coordination and interaction between a State, concerned operator and regulator. It is necessary to revise the existing design requirements with a view to consider any combination of external impacts on a nuclear installation, as well as to include adequate provisions for nuclear safety in case of such impacts

San Francisco Bay Area CHARG: Coastal Hazards Adaptation Resiliency Group, a Multi-Jurisdictional Collaboration to Develop Innovative Regional Solutions to Address Sea Level Rise and Improve Shoreline Resiliency

Science.gov (United States)

Saleh, R.

2017-12-01

For a challenge as complex and far-reaching as sea level rise and improving shoreline resiliency, strong partnerships between scientists, elected officials, decision-makers, and the general public are the only way that effective solutions can be developed. The San Francisco Bay, like many similar sheltered water coastal environments (for example, Galveston Bay, Tampa Bay, or Venetian Lagoon) offers a unique opportunity for multiple jurisdictions to collaborate to address sea level rise on a regional basis. For the San Francisco Bay, significant scientific progress has been made in building a real-time simulation model for riverine and Bay hydrodynamics. Other major scientific initiatives, such as morphology mapping, shoreline mapping, and a sediment budget are also underway. In 2014, leaders from the Bay Area science, engineering, planning, policy, elected, and regulatory communities representing jurisdictions around the Bay joined together to address sea level rise. The group includes people from local, regional, state, and federal agencies and organizations. Together, CHARG (Coastal Hazards Adaptation Resiliency Group) established a collective vision and approach to implementing regional solutions. Decision-makers within many Bay Area jurisdictions are motivated to show demonstrable progress toward addressing sea level rise. However, the cost to implement shoreline resiliency solutions will be very large, and must be founded on strong science.CHARG is now tackling several key technical challenges. One is to develop science-based guidelines for local jurisdictions to determine when a project is local, sub-regional, or regional. Concurrently, several organizations are planning or implementing pilot shoreline resiliency projects and other programs. Many creative regional solutions are possible in a sheltered water environment that simply would not be feasible along the open coast. By definition, these solutions cannot be undertaken by one entity alone. Large

Low-level radioactive waste management: federal-state cooperation or confusion

International Nuclear Information System (INIS)

Choi, Y.H.

1984-01-01

This paper describes and analyzes the legislative history of the Low-Level Radioactive Waste Policy Act of 1980 and discusses major issues and problems resulting from the implementation of the Act. Five specific issues addressed in this paper are: what radioactive waste constitutes ''low-level radioactive waste'' within the meaning of the Act; what responsibilities, if any, do the states have to dispose of federal radioactive waste; what liabilities and protections govern the disposal of waste not generated in a disposal-site state (hereafter, the ''host state''); to what standards of care should generators of low-level radioactive waste be held, and by what authority should such generators be licensed and inspected; which disposal-site activities should be considered ''disposal,'' and which activities should be considered ''management,'' within the meaning of the Act, and what authority do the states have, under the Act, to engage in each activity, respectively. The federal government and state governments must solve these problems in order to implement the Act, and thus, to establish equity among the 50 states, and the interstate regional compacts

The US Opioid Crisis: Current Federal and State Legal Issues.

Science.gov (United States)

Soelberg, Cobin D; Brown, Raeford E; Du Vivier, Derick; Meyer, John E; Ramachandran, Banu K

2017-11-01

The United States is in the midst of a devastating opioid misuse epidemic leading to over 33,000 deaths per year from both prescription and illegal opioids. Roughly half of these deaths are attributable to prescription opioids. Federal and state governments have only recently begun to grasp the magnitude of this public health crisis. In 2016, the Centers for Disease Control and Prevention released their Guidelines for Prescribing Opioids for Chronic Pain. While not comprehensive in scope, these guidelines attempt to control and regulate opioid prescribing. Other federal agencies involved with the federal regulatory effort include the Food and Drug Administration (FDA), the Drug Enforcement Agency (DEA), and the Department of Justice. Each federal agency has a unique role in helping to stem the burgeoning opioid misuse epidemic. The DEA, working with the Department of Justice, has enforcement power to prosecute pill mills and physicians for illegal prescribing. The DEA could also implement use of prescription drug monitoring programs (PDMPs), currently administered at the state level, and use of electronic prescribing for schedule II and III medications. The FDA has authority to approve new and safer formulations of immediate- and long-acting opioid medications. More importantly, the FDA can also ask pharmaceutical companies to cease manufacturing a drug. Additionally, state agencies play a critical role in reducing overdose deaths, protecting the public safety, and promoting the medically appropriate treatment of pain. One of the states' primary roles is the regulation of practice of medicine and the insurance industry within their borders. Utilizing this authority, states can both educate physicians about the dangers of opioids and make physician licensure dependent on registering and using PDMPs when prescribing controlled substances. Almost every state has implemented a PDMP to some degree; however, in addition to mandating their use, increased interstate

76 FR 36097 - Notice of Intent To Prepare a Programmatic Environmental Impact Statement for the U.S. Department...

Science.gov (United States)

2011-06-21

... (mining), and transportation. BLM maintained jurisdiction and authority over all other surface uses. This... considered. DOE plans to invite Federal, state, and local governmental agencies with jurisdiction by law or..., including the mining laws but not the mineral-leasing laws, and reserved for the use of the United States...

12 CFR 617.7630 - Does this Federal requirement affect any state property laws?

Science.gov (United States)

2010-01-01

... 12 Banks and Banking 6 2010-01-01 2010-01-01 false Does this Federal requirement affect any state property laws? 617.7630 Section 617.7630 Banks and Banking FARM CREDIT ADMINISTRATION FARM CREDIT SYSTEM BORROWER RIGHTS Right of First Refusal § 617.7630 Does this Federal requirement affect any state property...

38 CFR 1.506 - Disclosure of records to Federal Government departments, State unemployment compensation agencies...

Science.gov (United States)

2010-07-01

... Federal Government departments, State unemployment compensation agencies, and the Office of Servicemembers....506 Disclosure of records to Federal Government departments, State unemployment compensation agencies... official purposes by any department or other agency of the U.S. Government or any state unemployment...

Confederation and federation in the general theory of law and state and in positive law (part one

Directory of Open Access Journals (Sweden)

Petrović Milan

2016-01-01

Full Text Available Scientific interest in issues concerning federalism, which implies determining the difference between a confederation (a union of confederal states and a federation (a federal state comprising federal entities seems to have disappeared after the dissolution of the Socialist Federal Republic of Yugoslavia in 1992, the country which had existed in the period from 1945 to 1992 under different names: the Democratic Federal Yugoslavia (DFY, the Federal Peoples' Republic of Yugoslavia (FPRY, and finally the Socialist Federal Republic of Yugoslavia (SFRY. Although a number of other confederations or federations (notably, the Soviet Union and Czechoslovakia ceased to exist in the 20th century, history bears witness of the establishment of two important associations of states: the United Nations Organisation (UN and the European Union (EU. They are highly significant for Serbia, which is a member state of the UN and cherishes close cooperation with the EU. However, the dissolution of the SFRY has not resolved some important issues among its former member states. The basic postulate of these problems is the fact that the Federal Peoples' Republic of Yugoslavia (FPRY as 'the second Yugoslavia' is not the successor state of the Kingdom of Yugoslavia ('the first Yugoslavia' because 'the first Yugoslavia' was never dissolved, i.e. its international personality did not cease to exist; namely, the 'second Yugoslavia' is only the continuator state (ensuring the continuity of the state in the territory of its predecessor, just as the Kingdom of Yugoslavia was the continuator state rather than the successor state of the Kingdom of Serbia. Hence, the problem comes down to the identity of legal subjects. The essential difference between a confederation and a federation are as follows: 1 confederation member states may autonomously decide whether they would act independently abroad (e.g. to maintain diplomatic relations, to conclude international agreements, etc.; on

Nuclear power plant in whose backyard

International Nuclear Information System (INIS)

Cooper, W.

1981-01-01

The authority to regulate the nuclear power industry resides largely with the federal government. But states have the responsibility to protect the health and safety of their citizens and to regulate land use within their borders. The siting of nuclear power plants can engender conflicts between these jurisdictions that are usually resolved in the courts. Most state challenges to federal control of nuclear power have been struck down or severely weakened by the preemption doctrine contained in the supremacy clause of Article VI of the Constitution, which provides for the preemption of federal law over state law in the event of direct conflict. The existing avenues for state control over siting and operation of nuclear power plants can be greatly strengthened while avoiding direct conflict with federal jurisdiction

Competing jurisdictions : settling land claims in Africa

NARCIS (Netherlands)

Evers, S.; Spierenburg, M.; Wels, H.

2005-01-01

The papers included in this volume were earlier presented at a conference on the settlement of land claims in Africa, which was held in Amsterdam in September 2003. The papers are written primarily from an anthropological perspective. Contributions: Introduction: competing jurisdictions: settling

Search and Orchestration of Data and Processes in a Federated Environment

Science.gov (United States)

Siao Him Fa, J.; Reed, T. W.; Tan, C.; West, G.; McMeekin, D. A.; Moncrieff, S.; Cox, S.

2015-06-01

This paper describes on-going research on streamlining the access and use of spatial data and processes in Australia. Spatial data in Australia is available on-line at many levels of government from local authorities, state and territories (jurisdictions), and nationally from the Commonwealth and other sources. Much of this data is available via Open Geospatial Consortium and World Wide Web Consortium standard web services. This abstract discusses three related research topics that have been identified by a wide range of stakeholders through a comprehensive consultation process. These are search and discovery, federation and orchestration of data and processes. The commonality across the three research topics is that they all require Semantic Web and Artificial Intelligence methods and embrace the various standards, and if needed, propose modifications to such standards.

Consequences of the Federal Administrative Court decisions about the Biblis on-site interim store and the 'Biblis condition' as seen by the Nuclear Regulatory Authority of the State of Baden-Wuerttemberg

International Nuclear Information System (INIS)

Rauscher, Dieter

2009-01-01

On March 17, 2005, the Baden-Wuerttemberg State Ministry of Economics, following instructions by the Federal Ministry for the Environment, Nature Conservation, and Nuclear Safety (BMU), imposed an ex-post-facto condition on the licensee of the Philippsburg Units 1 and 2 nuclear power station. Its content can be summed up as follows: In case of deviations from criteria specified in the license which are relevant to accident management, the plant must be shut down. In case of suspicion that, for whatever reason, accident management could be doubtful, accident management must be demonstrated to function; failing this, the plant must be shut down. In a decision of February 26, 2007, the Baden-Wuerttemberg State Court of Administration set this condition aside. The Federal Administrative Court, in its ruling of April 10, 2008, essentially confirmed the decision of the court of first instance. Both decisions are analyzed. Licensees and public authorities are shown the general framework of administrative law within which their relations are regulated. Another subject covered is jurisdiction about provisions against damage in connection with the ruling of the Federal Administrative Court of April 10, 2008 in the matter of the Brunsbuettel interim store. The court comments on the question of provision against damage in the area of protection, develops the dogma from scratch again as to the borderlines separating provisions against damage from residual risk and, within this framework, addresses the problem of third-party action against execution, especially so with respect to protection. The question of possible repercussions upon practice is discussed also for this court ruling. (orig.)

76 FR 63190 - Michigan State Plan; Change in Level of Federal Enforcement: Indian Tribes

Science.gov (United States)

2011-10-12

... issues covered by the state's OSHA-approved occupational safety and health plan. Federal OSHA retained... DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1952 Michigan State Plan; Change in Level of Federal Enforcement: Indian Tribes AGENCY: Occupational Safety and Health...

Comparing and contrasting poverty reduction performance of social welfare programs across jurisdictions in Canada using Data Envelopment Analysis (DEA): an exploratory study of the era of devolution.

Science.gov (United States)

Habibov, Nazim N; Fan, Lida

2010-11-01

In the mid-1990s, the responsibilities to design, implement, and evaluate social welfare programs were transferred from federal to local jurisdictions in many countries of North America and Europe through devolution processes. Devolution has caused the need for a technique to measure and compare the performances of social welfare programs across multiple jurisdictions. This paper utilizes Data Envelopment Analysis (DEA) for a comparison of poverty reduction performances of jurisdictional social welfare programs across Canadian provinces. From the theoretical perspective, findings of this paper demonstrates that DEA is a promising method to evaluate, compare, and benchmark poverty reduction performance across multiple jurisdictions using multiple inputs and outputs. This paper demonstrates that DEA generates easy to comprehend composite rankings of provincial performances, identifies appropriate benchmarks for each inefficient province, and estimates sources and amounts of improvement needed to make the provinces efficient. From a practical perspective the empirical results presented in this paper indicate that Newfoundland, Prince Edwards Island, and Alberta achieve better efficiency in poverty reduction than other provinces. Policy makers and social administrators of the ineffective provinces across Canada may find benefit in selecting one of the effective provinces as a benchmark for improving their own performance based on similar size and structure of population, size of the budget for social programs, and traditions with administering particular types of social programs. Copyright (c) 2009 Elsevier Ltd. All rights reserved.

[Structures and concepts for nationwide outbreak management in a federal state].

Science.gov (United States)

Leidel, J; Feil, F

2013-01-01

With pandemic influenza in 2009/2010 and an EHEC outbreak in 2011, the Federal Republic of Germany experienced two extensive outbreaks in the course of only 3 years. Although both infectiological crises were comparatively successfully coped with, certain aspects have been critically examined. One point of criticism has been the presumption that federal structures may not be well suited for the management of a nationwide outbreak. This has been linked to the request for a central authority with responsibility. In fact, centralized as well as federal structures have advantages and disadvantages during infectiological crises. However, the "first response," i.e., immediate action against the spreading of infectious diseases, has to take place locally anyway. Regional differences, even in the context of a nationwide outbreak, might well demand regional action. After all, the federal structure of the Republic of Germany is deliberately firmly rooted in the German constitution, and there are no indications that this may change in the near future. Suitable concepts and structures should be used so as to benefit from the advantages and avoid the disadvantages of a federal state. The current structures are described, and improvements that may be necessary are discussed. The existing structures are shown to be entirely appropriate in allowing necessary decisions to be made and a fast transmission of information even in a federal state. Occasional shortcomings are seen as mainly due to the inadequate implementation of already existing regulations and partly to the ambition of a few spotlight seekers rather than to actual inadequacies of existing federal structures.

State and Federal activities on low-level waste

International Nuclear Information System (INIS)

1983-01-01

With the passage of the Low-Level Waste Policy Act in December 1980, the states have assumed the management responsibility and the federal government has become a facilitator. State and Federal roles in regulation have not altered. This paper reviews the developments over the last two years to point out the progress made and critical steps that lie ahead. Both technological and political aspects are covered, and a conclusion is presented with a look to the future. Since compact development in the tool chosen by the politicans for low-level waste management, the author reviews the present status starting with the northwest compact which has been introduced into the House and Senate and is subject to hearings. The past two years have seen real progress in technology in the broadest sense. An information development and dissemination system was established in 1978 wih the state-by-state assessment of low-level waste disposal. Annual examinations have been made through 1981 which enables one to understand the generation of low-level wastes. Policy level planning by states can be supported by the base level of information available. Incineration of dry active waste and other non-fuel cycle waste is ready to be fully accepted. Much work has been done on volume reduction of liquids. The increased understanding of the ways to make a disposal site work represents a major technolological improvement. Within the DOE system, there is beginning to be a real understanding of the critical parameters in disposal site performance in the East

EPA Region 1 Coast Guard Jurisdictional Boundary - Polygons

Data.gov (United States)

U.S. Environmental Protection Agency — Jurisdictional boundary between EPA and Coast Guard for EPA Region I. Created from 1:100000 USGS DLGs with greater detail drawn from 1:24000 commercial street data...

EPA Region 1 Coast Guard Jurisdictional Boundary - Arcs

Data.gov (United States)

U.S. Environmental Protection Agency — Jurisdictional boundary between EPA and Coast Guard for EPA Region I. Created from 1:100000 USGS DLGs with greater detail drawn from 1:24000 commercial street data...

Implementation of state - federal agreements: observations and suggestions from New Mexico

International Nuclear Information System (INIS)

Canepa, J.F.

1985-01-01

State - federal agreements have been authorized by Congress under the Nuclear Waste Policy Act of 1982 (the Act). The process for reaching such agreements as well as their content have been modeled after the State of New Mexico's experience with its lawsuit and resulting Agreement for Consultation and Cooperation with the United States Department of Energy (DOE) over the Waste Isolation Pilot Project (WIPP). New Mexico has been through the entire process, beginning with litigation and ending with a formal, written agreement with the federal government which addresses all aspects of a major nuclear waste repository within its borders. The process for reaching and implementing such agreements is not unlike the process for negotiating a treaty between countries. States entering into negotiations for such agreements should be aware of several important considerations which New Mexico learned the hard way. Avoiding the pitfalls inherent in this process is the key to producing a meaningful, working and enforceable document that protects the state's interests and affords a state continuing control over a long-term nuclear waste project within the state

Jurisdictional Competition Between Private and Public Sector Auditors

DEFF Research Database (Denmark)

Klarskov Jeppesen, Kim

2012-01-01

This paper explores the apparent paradox that while public sector auditors have become more powerful by claiming performance auditing expertise and linking this to New Public Management reforms, the same reforms have provided an opening for competition between private and public sector auditors....... In Denmark, the competitive relation has led to a jurisdictional dispute between public and private sector auditors in which the former have developed a special qualification for public sector auditors. The paper analyses the development of this qualification using Abbott's (1988) theory of the system...... of professions, thus focusing on how the involved groups have attempted to build networks of support for their competing jurisdictional claims of expertise. The case contributes to knowledge about the potential for development of a distinct public sector auditor identity. The case suggests that to develop...

The problem of epistemic jurisdiction in global governance: The case of sustainability standards for biofuels.

Science.gov (United States)

Winickoff, David E; Mondou, Matthieu

2017-02-01

While there is ample scholarly work on regulatory science within the state, or single-sited global institutions, there is less on its operation within complex modes of global governance that are decentered, overlapping, multi-sectorial and multi-leveled. Using a co-productionist framework, this study identifies 'epistemic jurisdiction' - the power to produce or warrant technical knowledge for a given political community, topical arena or geographical territory - as a central problem for regulatory science in complex governance. We explore these dynamics in the arena of global sustainability standards for biofuels. We select three institutional fora as sites of inquiry: the European Union's Renewable Energy Directive, the Roundtable on Sustainable Biomaterials, and the International Organization for Standardization. These cases allow us to analyze how the co-production of sustainability science responds to problems of epistemic jurisdiction in the global regulatory order. First, different problems of epistemic jurisdiction beset different standard-setting bodies, and these problems shape both the content of regulatory science and the procedures designed to make it authoritative. Second, in order to produce global regulatory science, technical bodies must manage an array of conflicting imperatives - including scientific virtue, due process and the need to recruit adoptees to perpetuate the standard. At different levels of governance, standard drafters struggle to balance loyalties to country, to company or constituency and to the larger project of internationalization. Confronted with these sometimes conflicting pressures, actors across the standards system quite self-consciously maneuver to build or retain authority for their forum through a combination of scientific adjustment and political negotiation. Third, the evidentiary demands of regulatory science in global administrative spaces are deeply affected by 1) a market for standards, in which firms and states can

Radiological emergency response planning: Handbook for Federal Assistance to State and Local Governments

International Nuclear Information System (INIS)

1978-12-01

The handbook is directed toward those federal agencies involved in providing direct field assistance to state and local governments in radiological emergency response planning. Its principal purpose is to optimize the effectiveness of this effort by specifying the functions of the following federal agencies: Nuclear Regulatory Commission, Environmental Protection Agency, Department of Energy, Department of Health, Education, and Welfare, Department of Transportation, Defense Civil Preparedness Agency, Federal Disaster Assistance Administration, and Federal Preparedness Agency

Development of a unified federal/state coastal/inland oil and hazardous substance contingency plan for the state of Alaska

International Nuclear Information System (INIS)

Lautenberger, C.; Pearson, L.

1993-01-01

Passage of the US Oil Pollution Act (OPA) of 1990 expanded the existing federal planning and response framework in several ways. The OPA created a new requirement for facility and tank vessel response plans and creates an area-level planning and coordination structure to help supplement federal, regional, and local planning efforts. The OPA amended the existing Clean Water Act's section 311(j)(4), which establishes area committees and area contingency plans as primary components of this structure. In 1980, the Alaska legislature enacted legislation which defines the state's policies regarding oil spills. Following the 1989 Exxon Valdez spill, additional legislation was passed to expand and strengthen the state's oil spill program. Specifically, in 1989 the Senate Bill 261 required the Alaska Department of Environmental Conservation to develop, annually review, and revise the State Oil and Hazardous Substance Contingency Plans (State Master and Regional Plans). State regional plans serve as annexes to the State Master Plan. The coordinated and cooperative efforts by government agencies and local entities toward creating a unified federal/state, coastal/inland Oil and Hazardous Substance Contingency Plan are presented, along with the development and progress of unified area/regional contingency plans for Alaska. 3 figs

Repealing Federal Health Reform: Economic and Employment Consequences for States.

Science.gov (United States)

Ku, Leighton; Steinmetz, Erika; Brantley, Erin; Bruen, Brian

2017-01-01

Issue: The incoming Trump administration and Republicans in Congress are seeking to repeal the Affordable Care Act (ACA), likely beginning with the law’s insurance premium tax credits and expansion of Medicaid eligibility. Research shows that the loss of these two provisions would lead to a doubling of the number of uninsured, higher uncompensated care costs for providers, and higher taxes for low-income Americans. Goal: To determine the state-by-state effect of repeal on employment and economic activity. Methods: A multistate economic forecasting model (PI+ from Regional Economic Models, Inc.) was used to quantify for each state the effects of the federal spending cuts. Findings and Conclusions: Repeal results in a $140 billion loss in federal funding for health care in 2019, leading to the loss of 2.6 million jobs (mostly in the private sector) that year across all states. A third of lost jobs are in health care, with the majority in other industries. If replacement policies are not in place, there will be a cumulative $1.5 trillion loss in gross state products and a $2.6 trillion reduction in business output from 2019 to 2023. States and health care providers will be particularly hard hit by the funding cuts.

28 JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT

African Journals Online (AJOL)

Fr. Ikenga

legal responses by concerned governments or the international community to international crimes. As a result of hard negotiations, it was agreed that the Rome Statute prohibits the ... the ICC may exercise its jurisdiction when the crime is committed on the ..... Human Rights Committee indicates that non bis in idem has only.

The governance of federal debt in the United States of America

Directory of Open Access Journals (Sweden)

Gisele Mah

2017-02-01

Full Text Available The United State of America has been experiencing high debt to GDP ratio of more than 100% and these Public debts are detrimental. The main purpose of this study was to examine the shocks of the variables on others in the USA economy by using quarterly data. The variance decomposition and the Generalised Impulse Response Function techniques were employed to analyse the data. The result revealed that high variation of shocks in real federal debt is explained by their own innovations in the short run, by CPI followed by real federal debt its self. In the long run, this leads to CPI and real government spending. The GIRF reveals that in the short run, real federal debt responds negatively to shocks from CPI, real federal interest payment and real federal government tax receipts and positively to real federal debt and real government spending. In medium term, only real federal government tax receipts are negative while the others are positive. In the long run, the response are all positive to shock from the independent variables. The results lead to the recommendation that the US government should focus on real federal debt in the short run. In the medium term, US government should focus on increasing real government spending and reducing only real federal government tax receipts. In the long run the target should real be federal debt, CPI, real federal interest payment, real government spending and real federal government tax receipts

The Occurrence of Coral Species Reported as Threatened in Federally Protected Waters of the US Pacific

Directory of Open Access Journals (Sweden)

Jean Kenyon

2011-01-01

Full Text Available A recent study reported that seventy-five species of reef-building corals, considered to be at elevated extinction risk when assessed by the criteria of the International Union for Conservation of Nature, occur in Pacific waters under United States jurisdiction. Closer examination substantiates records of occurrence for 66 species, while records for the other 9 species were based on misinterpretations or are otherwise uncertain. Of these, at least 55 have been reported from reef habitat under federal protection within National Parks, Marine National Monuments, National Marine Sanctuaries, and National Wildlife Refuges. The highest number of species (31 is found within the Ofu Island unit of the National Park of American Samoa, followed by Kingman Reef (24 and Palmyra Atoll (21, both within the Pacific Remote Islands Marine National Monument. Federally protected areas already in place serve as important habitats for resources whose stewardship needs and priorities may vary over time.

Hageseth's principle of extraterritorial jurisdiction and international telemedicine.

Science.gov (United States)

McLean, Thomas R; McLean, Alexander B

2008-01-01

At what point does an international telemedicine transaction create a sufficient commercial nexus to allow one country the authority to impose its laws on a foreign telemedicine providers? Some light on this matter was shed by the US case of Hageseth versus Superior Court. The authority for extraterritorial jurisdiction is found in the US Constitution, which requires the states to cooperate in matters of law enforcement. Similar cooperation from foreign nations cannot be expected. Unless a defendant is charged with a capital offence, nations are rarely willing to extradite their citizens. As the unlicensed practice of medicine is not a capital offence, it is unlikely that an unlicensed telemedicine provider would be extradited to the US. Because low-volume unlicensed offshore telemedicine providers are unlikely to be extradited or to be subject to trade sanctions, they may be able to operate beyond the law.

77 FR 13320 - Information Collection Being Submitted for Review and Approval to the Office of Management and...

Science.gov (United States)

2012-03-06

... that states (or ETCs that are not subject to state jurisdiction) are required to file annually with the... federal annual reporting requirements to all ETCs, including those designated by states. The Commission... competitive ETCs providing the data are eligible to receive universal service support. Federal Communications...

Should the federal government bail out the states? Lessons from past recessions

OpenAIRE

Richard H. Mattoon

2009-01-01

Like the economy in general, individual state economies are struggling in this recession. State governments face significant constraints in raising additional revenues. Most states are required to balance their budgets regardless of the economic environment. This article considers the role of the federal government in helping the states to manage their finances.

1/54 CROSS-BORDER JURISDICTION AND ASSISTANCE IN ...

African Journals Online (AJOL)

Dr Tanya du Plessis

2.1 The place of Malaysia and Singapore within common law nations. The history of ..... security to be given by a liquidator50 was held applicable to a company ... jurisdiction restrain a party from proceeding with an action on liability incurred.

49 CFR 17.12 - How may a state simplify, consolidate, or substitute federally required state plans?

Science.gov (United States)

2010-10-01

... 49 Transportation 1 2010-10-01 2010-10-01 false How may a state simplify, consolidate, or substitute federally required state plans? 17.12 Section 17.12 Transportation Office of the Secretary of Transportation INTERGOVERNMENTAL REVIEW OF DEPARTMENT OF TRANSPORTATION PROGRAMS AND ACTIVITIES § 17.12 How may a...

77 FR 8860 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

Science.gov (United States)

2012-02-15

...; Agency Decisions and State and Federal Agency Crisis Declarations AGENCY: Environmental Protection Agency... agencies. The emergency exemptions may take the following form: Crisis, public health, quarantine, or.... These are rarely requested. 3. A ``crisis exemption'' is initiated by a State or Federal agency (and is...

Aspects of the state safety regulation dealing with management of radioactive wastes from nuclear vessels

International Nuclear Information System (INIS)

Markarov, Valentin G.

1999-01-01

According to this presentation, the Constitution of the Russian Federation states that nuclear power engineering and fissile materials are under the jurisdiction of the Russian Federation. But there is no federal law with detailed directions for radioactive waste (RW) management, which thus comes under the Federal law ''On Use of Atomic Energy''. This law defines the legal basis and principles of regulating the relations occurring during RW management and sets some general requirements. RW management safety is regulated by the federal norms and rules (1) Radiation Safety Norms (NRB-96), Basic Sanitary Rules (OSP-72, 87) and (3) Sanitary Rules for RW Management (SPORO-85), etc. A number of normative documents on RW management will be put in force in 1999. For work in the field of RW management, licence must in general be obtained from Gozatomnazdor of Russia. The conditions for receiving a license for the management of RW from vessels are presented

California's privacy pileup. New state laws meet even newer federal regulations.

Science.gov (United States)

Dimick, Chris

2009-08-01

In California, teasing apart state and federal breach notification laws highlights the challenges organizations everywhere face in determining their responsibilities under ARRA's new privacy regulations.

International comparison of comparative effectiveness research in five jurisdictions: insights for the US.

Science.gov (United States)

Levy, Adrian R; Mitton, Craig; Johnston, Karissa M; Harrigan, Brian; Briggs, Andrew H

2010-01-01

Spurred by a desire to improve quality of care and to understand the relative value of medical treatments, there has been a recent surge of interest in publicly funded comparative effectiveness research (CER) in the US. As health technology assessment (HTA) shares some of the same goals as CER, and publicly funded HTA has been a feature within other industrialized countries for many years, a review of HTA activities in some of these countries can be a helpful source of information for the US debate. Informed by a literature review, and in two cases augmented by informant interviews, we reviewed the organization of HTA activities in five jurisdictions: Canada, Sweden, Scotland, the Netherlands and Australia. We provide a summary description of the healthcare system in each country as well as a description of the key features of their HTA bodies, with a particular focus on the processes of HTA for listing medications on public formularies. Four of the committees evaluating medications for formulary inclusion are funded by, but remain at arm's length from, the government (Canada, Australia, Sweden and Scotland), while the process is fully embedded within the government in the Netherlands. Each of these jurisdictions has a stated preference for comparative outcomes evidence from randomized controlled trials, but will, under certain circumstances, accept randomized evidence using surrogate markers, other comparators that are not directly relevant or non-randomized evidence. Health technology evaluation committees largely comprise health professionals, with public representatives included in the Canadian, Australian and Scottish committees. Scotland is the only one of the five jurisdictions reviewed to have industry representation on the evaluation committee. We identified seven characteristics that are shared across the jurisdictions reviewed and that potentially serve as insights for development of CER in the US: (i) the process must be responsive to stakeholders

Federally mandating motorcycle helmets in the United States.

Science.gov (United States)

Eltorai, Adam E M; Simon, Chad; Choi, Ariel; Hsia, Katie; Born, Christopher T; Daniels, Alan H

2016-03-09

Motorcycle helmets reduce both motorcycle-related fatalities and head injuries. Motorcycle crashes are a major public health concern which place economic stress on the U.S. healthcare system. Although statewide universal motorcycle helmet laws effectively increase helmet use, most state helmet laws do not require every motorcycle rider to wear a helmet. Herein, we propose and outline the solution of implementing federal motorcycle helmet law, while addressing potential counterarguments. The decision to ride a motorcycle without a helmet has consequences that affect more than just the motorcyclist. In an effort to prevent unnecessary healthcare costs, injuries, and deaths, public health efforts to increase helmet use through education and legislation should be strongly considered. Helmet use on motorcycles fits squarely within the purview of the federal government public health and economic considerations.

Page | 14 STATES' CRIMINAL JURISDICTION UNDER ...

African Journals Online (AJOL)

Fr. Ikenga

concerned the arrests of two Rwandan officials, Rose Kabuye in Germany in 2008 and ..... first time in history that a third party State convicted persons of war crimes not ..... may be illustrated by reference to the 1999 Belgium law which gave ...

77 FR 27671 - State of Hawaii; Regional Haze Federal Implementation Plan

Science.gov (United States)

2012-05-11

... High School in the Cafeteria, 155 W. Kawili St., Hilo, Hawaii 96720. To provide opportunities for... ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R09-OAR-2012-0345; FRL-9671-2] State of Hawaii... and June 1, 2012 for the proposed rule, ``State of Hawaii; Regional Haze Federal Implementation Plan...

15 CFR 806.10 - Determining place of residence and country of jurisdiction of individuals.

Science.gov (United States)

2010-01-01

... DIRECT INVESTMENT SURVEYS § 806.10 Determining place of residence and country of jurisdiction of... 15 Commerce and Foreign Trade 3 2010-01-01 2010-01-01 false Determining place of residence and country of jurisdiction of individuals. 806.10 Section 806.10 Commerce and Foreign Trade Regulations...

49 CFR 835.10 - Testimony in Federal, State, or local criminal investigations and other proceedings.

Science.gov (United States)

2010-10-01

... 49 Transportation 7 2010-10-01 2010-10-01 false Testimony in Federal, State, or local criminal investigations and other proceedings. 835.10 Section 835.10 Transportation Other Regulations Relating to Transportation (Continued) NATIONAL TRANSPORTATION SAFETY BOARD TESTIMONY OF BOARD EMPLOYEES § 835.10 Testimony in Federal, State, or local crimina...

Conservation of the Critically Endangered Eastern Australian Population of the Grey Nurse Shark ( Carcharias taurus) Through Cross-Jurisdictional Management of a Network of Marine-Protected Areas

Science.gov (United States)

Lynch, Tim P.; Harcourt, Robert; Edgar, Graham; Barrett, Neville

2013-12-01

Between 2001 and 2009, 26 marine-protected areas (MPA) were established on the east Australian seaboard, at least in part, to manage human interactions with a critically endangered population of grey nurse shark, Carcharias taurus. This network is spread across six MPA systems and includes all 19 sites outlined in the National Recovery Plan for C. taurus, though five sites remain open to some forms of fishing. The reserve network has complex cross-jurisdictional management, as the sharks occur in waters controlled by the Australian states of New South Wales (NSW) and Queensland, as well as by the Commonwealth (Federal) government. Jurisdiction is further complicated by fisheries and conservation departments both engaging in management activities within each state. This has resulted in protected area types that include IUCN category II equivalent zones in NSW, Queensland, and Commonwealth marine parks that either overlay or complement another large scaled network of protected sites called critical habitats. Across the network, seven and eight rule permutations for diving and fishing, respectively, are applied to this population of sharks. Besides sites identified by the recovery plan, additional sites have been protected as part of the general development of MPA networks. A case study at one of these sites, which historically was known to be occupied by C. taurus but had been abandoned, appears to shows re-establishment of an aggregation of juvenile and sub-adult sharks. Concurrent with the re-establishment of the aggregation, a local dive operator increased seasonal dive visitation rates at the site fourfold. As a precautionary measure, protection of abandoned sites, which includes nursery and gestating female habitats are options that may assist recovery of the east coast population of C. taurus.

The lack of jurisdiction of one federal Land in other federal Lands over the supervision on investments by electric utilities under art. 4 par. 2 of the Act on the promotion of the power-supply industry

International Nuclear Information System (INIS)

Keverkordes, J.

1983-01-01

The article discusses the difficulties encountered in State supervision of the energy industry in the Federal Republic of Germany, emanating from the federative structure. Difficulties arise predominantly in cases where an electric power station is to be erected in a federal Land with financial aid of electric utilities from this particular Land and from another Land, with electricity to be supplied to both Lands involved. According to section 4, sub-section (2) of the Act on the promotion of power-supply industry, (EnWG), of 1935 the power station may only be built if it will not adversely affect the common welfare. In case of doubts thereon, protest against such a project has to be filed, which may issue in the project being forbidden. The author concludes that there is no competence of one federal Land to supervise investment by electric utilities of another federal Land. Exclusive competence in this respect lies with the authorities of the Land on whose territory the power station is to be built. Although supervision of investment activities is of superregional importance, the author says that there is no competence of the Federal Government to become active as long as the Government fails to use its rights for establishing a federal office for supervising the power-supply industry. Neither does the atomic energy law governing the licensing of nuclear power stations define any Federal competence in this respect. (HP) [de

Drinking Water Quality Guidelines across Canadian Provinces and Territories: Jurisdictional Variation in the Context of Decentralized Water Governance

Directory of Open Access Journals (Sweden)

Gemma Dunn

2014-04-01

Full Text Available This article presents the first comprehensive review and analysis of the uptake of the Canadian Drinking Water Quality Guidelines (CDWQG across Canada’s 13 provinces and territories. This review is significant given that Canada’s approach to drinking water governance is: (i highly decentralized and (ii discretionary. Canada is (along with Australia only one of two Organization for Economic Cooperation and Development (OECD member states that does not comply with the World Health Organization’s (WHO recommendation that all countries have national, legally binding drinking water quality standards. Our review identifies key differences in the regulatory approaches to drinking water quality across Canada’s 13 jurisdictions. Only 16 of the 94 CDWQG are consistently applied across all 13 jurisdictions; five jurisdictions use voluntary guidelines, whereas eight use mandatory standards. The analysis explores three questions of central importance for water managers and public health officials: (i should standards be uniform or variable; (ii should compliance be voluntary or legally binding; and (iii should regulation and oversight be harmonized or delegated? We conclude with recommendations for further research, with particular reference to the relevance of our findings given the high degree of variability in drinking water management and oversight capacity between urban and rural areas in Canada.

Reform of the Belgian Justice System: Changes to the Role of Jurisdiction Chief, the Empowerment of Local Managers

Directory of Open Access Journals (Sweden)

Emilie Dupont

2017-12-01

Full Text Available The last waves of reform that affected, and continue to affect, the Belgian legal system led to an injunction for increased responsibility on the part of local managers, the jurisdiction chiefs. This tendency was initiated in the 1990s, with the introduction of a managerial logic into the legal sphere, whereby local initiatives took precedence in the absence of any clear and binding direction. The 2014 reform project, through its three constituent pillars, led to the strengthening of this logic, to the point where it became an important subject. The jurisdiction chiefs were therefore confronted with a new type of responsibility in that they became responsible for the dissemination of managerial discourse within their local body, for the implementation of change, and, consequently, for the success of this change, while at the same time, being confronted by a state and by political authorities that preferred to take a back-seat role. By observing, from an exploratory perspective, the developments caused by this transformational dynamic with regard to the role and function of the jurisdiction chiefs, our contribution highlights the wide range of receptions and appropriations of the reform project, and the concepts supporting the founding trio of pillars, based on five emerging, empirically-established subjects.

Drinking Water Quality Guidelines across Canadian provinces and territories: jurisdictional variation in the context of decentralized water governance.

Science.gov (United States)

Dunn, Gemma; Bakker, Karen; Harris, Leila

2014-04-25

This article presents the first comprehensive review and analysis of the uptake of the Canadian Drinking Water Quality Guidelines (CDWQG) across Canada's 13 provinces and territories. This review is significant given that Canada's approach to drinking water governance is: (i) highly decentralized and (ii) discretionary. Canada is (along with Australia) only one of two Organization for Economic Cooperation and Development (OECD) member states that does not comply with the World Health Organization's (WHO) recommendation that all countries have national, legally binding drinking water quality standards. Our review identifies key differences in the regulatory approaches to drinking water quality across Canada's 13 jurisdictions. Only 16 of the 94 CDWQG are consistently applied across all 13 jurisdictions; five jurisdictions use voluntary guidelines, whereas eight use mandatory standards. The analysis explores three questions of central importance for water managers and public health officials: (i) should standards be uniform or variable; (ii) should compliance be voluntary or legally binding; and (iii) should regulation and oversight be harmonized or delegated? We conclude with recommendations for further research, with particular reference to the relevance of our findings given the high degree of variability in drinking water management and oversight capacity between urban and rural areas in Canada.

Drinking Water Quality Guidelines across Canadian Provinces and Territories: Jurisdictional Variation in the Context of Decentralized Water Governance

Science.gov (United States)

Dunn, Gemma; Bakker, Karen; Harris, Leila

2014-01-01

This article presents the first comprehensive review and analysis of the uptake of the Canadian Drinking Water Quality Guidelines (CDWQG) across Canada’s 13 provinces and territories. This review is significant given that Canada’s approach to drinking water governance is: (i) highly decentralized and (ii) discretionary. Canada is (along with Australia) only one of two Organization for Economic Cooperation and Development (OECD) member states that does not comply with the World Health Organization’s (WHO) recommendation that all countries have national, legally binding drinking water quality standards. Our review identifies key differences in the regulatory approaches to drinking water quality across Canada’s 13 jurisdictions. Only 16 of the 94 CDWQG are consistently applied across all 13 jurisdictions; five jurisdictions use voluntary guidelines, whereas eight use mandatory standards. The analysis explores three questions of central importance for water managers and public health officials: (i) should standards be uniform or variable; (ii) should compliance be voluntary or legally binding; and (iii) should regulation and oversight be harmonized or delegated? We conclude with recommendations for further research, with particular reference to the relevance of our findings given the high degree of variability in drinking water management and oversight capacity between urban and rural areas in Canada. PMID:24776725

76 FR 81966 - Agency Information Collection Activities; Proposed Collection; Comments Requested; Assumption of...

Science.gov (United States)

2011-12-29

... Indian country is subject to State criminal jurisdiction under Public Law 280 (18 U.S.C. 1162(a)) to... Collection; Comments Requested; Assumption of Concurrent Federal Criminal Jurisdiction in Certain Areas of Indian Country ACTION: 60-Day notice of information collection under review. The Department of Justice...

40 CFR 85.2117 - Warranty and dispute resolution.

Science.gov (United States)

2010-07-01

... contained in appendix II of this subpart which are based on Commercial Arbitration Rules published by the... resort to an appropriate federal district court or state court, subject to the established rules of that court regarding subject matter jurisdiction and personal jurisdiction. (5) If the vehicle manufacturer...

40 CFR 1611.9 - Testimony in Federal, State, or local criminal investigations and other proceedings.

Science.gov (United States)

2010-07-01

... 40 Protection of Environment 32 2010-07-01 2010-07-01 false Testimony in Federal, State, or local criminal investigations and other proceedings. 1611.9 Section 1611.9 Protection of Environment CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD TESTIMONY BY EMPLOYEES IN LEGAL PROCEEDINGS § 1611.9 Testimony in Federal, State, or local criminal...

The Great Whale review and the federal government's disappearing act

International Nuclear Information System (INIS)

Fenge, T.

1991-01-01

After considerable political and legal pressure, the Canadian and Quebec governments, plus the electric utility Hydro-Quebec, agreed to a global review and environmental assessment of the Great Whale hydroelectric project in northern Quebec. The assessment is being handled by five committees, each covering distinct areas of geography and responsibility. The initial task of the review committees was to determine the scope of the assessment, and 23 days of public hearings were held in northern and southern Quebec and on the Belcher Islands. The federal government's absence from the scoping hearings was a curious development, since federal agencies normally participate actively in such hearings. A federal guidelines order upheld recently by the Canadian Supreme Court requires federal participation in environmental assessment processes. The Great Whale project affects areas of federal jurisdiction as well as areas outside Quebec, and federal expertise in such matters as the marine environment is crucial in airing environmental issues related to the project. Interviews with federal officials on the reasons for federal absence are summarized. It is concluded that the federal agencies did not really regard scoping hearings as part of the public review, and that this review does not start until hearings begin on the environmental impact statement

Limited criminal jurisdiction on investigation and judgement of High-ranking government officials. Procedural issues.

Directory of Open Access Journals (Sweden)

Carlos Arturo Gómez Pavajeau

2015-12-01

Full Text Available The Constitution of Colombia provides that certain senior officials, because of their position, should be investigated and tried by the Supreme Court (members of Congress or by the same Court upon indictment by the General Attorney (art. 235 n. 4. The Constitution provides that the President, the judges of the high courts and the prosecutor also have a special status, as the investigation and prosecution is allocated in the Senate, previous accusation in the House of Representatives, and in the Supreme Court for the common crimes. The criminal and disciplinary jurisdiction of investigation and prosecution has generated countless controversies at the doctrinal and jurisprudential level, related to the exclusive competence of the Prosecutor General’s Office and the judges of the Supreme Court to advance the investigation. In particular, the impossibility of delegating the commission of evidence and proceedings related to jurisdiction in such processes; the courts and their relationship with the position or function; the retention or recovery of competition by the criminal court room after renouncing the jurisdiction in the parapolitics processes; the notion tenure as a basis for criminal jurisdiction in the case of the governors in charge; a second hearing as a minimum guarantee derived from international standards on human rights and the issue related to jurisdiction and impunity on the subject of political or “impeachment” judgments.

Comprehensive Review of Preschool Age Anemia in the Pacific Island Jurisdictions.

Science.gov (United States)

Lin, Tiffany F; Huang, James N; Cash, Haley L

2017-12-01

Anemia can be an indicator of poor nutrition and health, and it can have significant consequences. Children are disproportionately affected by anemia. This comprehensive review summarizes the available literature on anemia prevalence in young children in the islands of the Oceania region. The anemia prevalence, the criteria used for diagnosis, the date the data was reported, and the types of samples collected were reviewed. Anemia prevalence estimates were reported for eighteen of the Pacific Island Jurisdictions. From the fifteen data sources that were evaluable, anemia prevalence ranged from 12.3% to over 70%. A major limitation in the data is a lack of representative primary data from many of the jurisdictions in the region. Prevalance estimates reported for those jurisdictions are estimated by regression analysis from the World Health Organization (WHO). Moreover, the primary data available does not use standardized reporting criteria. Nevertheless, this review serves as a new baseline for further investigations on the prevalence of anemia and a baseline for evaluating public health prevention and treatment measures to detect and improve anemia prevalence in the Pacific.

ANALYSIS OF THE CURRENT STATE OF THE BUDGET SYSTEM OF THE RUSSIAN FEDERATION

Directory of Open Access Journals (Sweden)

Vladimir V. Bandurin

2015-01-01

Full Text Available The article analyzes the budgetary system of the Russian Federation. The elements of the budgetary system and the types of fiscal federalism. Particular attention is paid to the problem of the audit (control budget formulation and execution, the external and internal state financial control. 

Institutional and Organizational Structure of the Federal Procurement System of the United States

Directory of Open Access Journals (Sweden)

Vovchenko Natalya Gennadyevna

2015-09-01

Full Text Available The paper deals with the role of the Federal procurement system of the United States as a regulatory tool of the U.S. economy. The scope of research is focused on organizational and institutional aspects of forming and developing the U.S. Federal procurement system. The main purpose of the paper is to study up-to-date mechanism of government acquisition in the United States and to consider all its structural elements taken in conjunction with each other, such as the President, the Office of Management and Budget (OMB, the Office of Federal Procurement Policy (OFPP, the General Services Administration (GSA, other executive and regulatory agencies. The methodological background of the research is based on normative, system-wide, statistical and complex approaches to the study of structural elements of the U.S. Federal procurement system. The theoretical and practical material of the present research can be used in teaching and learning activities at economic faculties, for instance, in the course of lectures on government contacting and public procurement management. It also can be used in training and advanced training of specialists who draft public procurement regulations in the Russian Federation. The statutory regulation of the U.S. Federal procurement system constitutes an organizational framework of executive agencies, their functions and responsibilities, specifics of government control over contract performance, competition requirements and contracting methods. The paper considered interrelated components of the U.S. Federal procurement system, which operates in furtherance of efficient utilization of Federal budget.

Inter-jurisdictional cooperation on pharmaceutical product listing agreements: views from Canadian provinces

Directory of Open Access Journals (Sweden)

Morgan Steven G

2013-01-01

Full Text Available Abstract Background Confidential product listing agreements (PLAs negotiated between pharmaceutical manufacturers and individual health care payers may contribute to unwanted price disparities, high administrative costs, and unequal bargaining power within and across jurisdictions. In the context of Canada’s decentralized health system, we aimed to document provincial policy makers’ perceptions about collaborative PLA negotiations. Methods We conducted semi-structured telephone interviews with a senior policy maker from nine of the ten Canadian provinces. We conducted a thematic analysis of interview transcripts to identify benefits, drawbacks, and barriers to routine collaboration on PLA negotiations. Results Canadian policy makers expressed support for joint negotiations of PLAs in principle, citing benefits of increased bargaining power and reduced inter-jurisdictional inequities in drug prices and formulary listings. However, established policy institutions and the politics of individual jurisdictional authority are formidable barriers to routine PLA collaboration. Achieving commitment to a joint process may be difficult to sustain among heterogeneous and autonomous partners. Conclusions Though collaboration on PLA negotiation is an extension of collaboration on health technology assessment, it is a very significant next step that requires harmonization of the outcomes of decision-making processes. Views of policy makers in Canada suggest that sustaining routine collaborations on PLA negotiations may be difficult unless participating jurisdictions have similar policy institutions, capacities to implement coverage decisions, and local political priorities.

31 CFR 515.321 - United States; continental United States.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States; continental United... General Definitions § 515.321 United States; continental United States. The term United States means the United States and all areas under the jurisdiction or authority thereof, including the Trust Territory of...

31 CFR 500.321 - United States; continental United States.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States; continental United... General Definitions § 500.321 United States; continental United States. The term United States means the United States and all areas under the jurisdiction or authority thereof, including U.S. trust territories...

31 CFR 535.321 - United States; continental United States.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States; continental United... General Definitions § 535.321 United States; continental United States. The term United States means the United States and all areas under the jurisdiction or authority thereof including the Trust Territory of...

Emergency radiological monitoring and analysis United States Federal Radiological Monitoring and Assessment Center

International Nuclear Information System (INIS)

Thome, D.J.

1994-01-01

The United States Federal Radiological Emergency Response Plan (FRERP) provides the framework for integrating the various Federal agencies responding to a major radiological emergency. Following a major radiological incident the FRERP authorizes the creation of the Federal Radiological Monitoring and Assessment Center (FRMAC). The FRMAC is established to coordinate all Federal agencies involved in the monitoring and assessment of the off-site radiological conditions in support of the impacted states and the Lead Federal Agency (LFA). Within the FRMAC, the Monitoring and Analysis Division is responsible for coordinating all FRMAC assets involved in conducting a comprehensive program of environmental monitoring, sampling, radioanalysis and quality assurance. This program includes: (1) Aerial Radiological Monitoring - Fixed Wing and Helicopter, (2) Field Monitoring and Sampling, (3) Radioanalysis - Mobile and Fixed Laboratories, (4) Radiation Detection Instrumentation - Calibration and Maintenance, (5) Environmental Dosimetry, and (6) An integrated program of Quality Assurance. To assure consistency, completeness and the quality of the data produced, a methodology and procedures handbook is being developed. This paper discusses the structure, assets and operations of FRMAC monitoring and analysis and the content and preparation of this handbook

Universal Jurisdiction between Unity and Fragmentation of International Criminal Law

Directory of Open Access Journals (Sweden)

Pasculli Maria Antonella

2011-04-01

Full Text Available This paper represents the outcome of research fellowship Marie Curie at the Universiteit Leiden -Campud Den Haag Grotius, Centre for International Legal Studies (prof. C. Stahn and prof. Larissa van den Herik, supervisors on the topic "The Fragmentation and the Diversification of International Criminal Law in a Global Society”.In my paper I will examine the question of whether Universal Jurisdiction (UJ leads to unity or fragmentation within International Criminal Law (ICL. Given that there is already quite a lot of literature on UJ, it is important to focus the research on the issue of fragmentation and/or unity rather than to deal with the issue of UJ more generally. I will focus on this topic in sections 1 and 2, explaining some cursory remarks to these issues in my analysis on fragmentation. In the introduction, I will briefly introduce UJ as a controversial form of jurisdiction, but still necessary given that territorial jurisdiction does not always function well in the case of international crime. I will demonstrate that many state parties to the International Criminal Court (ICC Statute have vested or reconfirmed UJ for the core crimes when implementing the ICC Statute. The leading question of my research is whether this practice has led or has the potential to lead to unity or rather to fragmentation within ICL. In the research I will approach this question from different perspectives.In section 1 I will examine how State parties have may actually enacted universal jurisdiction for the core crimes, with a view to determining whether there is indeed some unity on this front or whether the practice on this matter is actually rather diverse (or fragmented. Subsequently, I will analyse which conditions States have formulated for the exercise of UJ, and whether this practice is consistent (unity or again rather diverse (fragmentation. It might also be interesting to see whether States have different conditions for UJ over core crimes than

Issue of special jurisdiction in disputes coming from contractual relationship under the EU and Serbian law

Directory of Open Access Journals (Sweden)

Petrović Milena

2014-01-01

Full Text Available Special jurisdiction in matters of contracts is based on the close link between the cause of action and the territory of the court on which the jurisdiction is conferred. This is exception to the general jurisdiction based on defendant's domicile. It is introduced to legal systems with aims to facilitate the sound administration of justice and to make the balance between parties, giving the plaintiff a choice to bring proceedings to a court of his convenience. The structure of special jurisdiction rules contained in Brussels I Regulation is very complex. The general rule disguises more than it reveals at first glance and ought to be read in the light of the previous judgments of the ECJ and special rule is the modernizing element as it introduces an autonomous fact-based concept for the most important categories of contracts. After adoption of the new Serbian Law on International Private Law the rules on special jurisdiction shall be applied in accordance with EU standards, i.e. with ECJ practice.

Substantive law problems in jurisdiction

International Nuclear Information System (INIS)

Sternberg, D.

1977-01-01

Substantive law problems in nuclear licensing procedure jurisdiction are discussed. Preconditions for the right to file a suit pursuant to section 42, sub-section 2 VwGO are investigated, in the context of which the necessity is pointed out to differentiate between normal operation and possible accidents. Furthermore, comments are made on the definition of 'facility' in terms of nuclear law, the understanding of which is rather decisive for the substantial scope of the nuclear licensing procedures. Also, legal problems are examined which arise from special forms of financing for nuclear power plant projects, in particular in connection with leasing financing. (HP) [de

EPA Region 1 Coast Guard Jurisdictional Boundary - Polygons

Science.gov (United States)

Jurisdictional boundary between EPA and Coast Guard for EPA Region I. Created from 1:100000 USGS DLGs with greater detail drawn from 1:24000 commercial street data for Region I.This layer is used to determine which agency will be reponsible in the event of an oil spill.

EPA Region 1 Coast Guard Jurisdictional Boundary - Arcs

Science.gov (United States)

Jurisdictional boundary between EPA and Coast Guard for EPA Region I. Created from 1:100000 USGS DLGs with greater detail drawn from 1:24000 commercial street data for Region I.This layer is used to determine which agency will be reponsible in the event of an oil spill.

Assessing state efforts to meet baby boomers' long-term care needs: a case study in compensatory federalism.

Science.gov (United States)

Pandey, Sanjay K

2002-01-01

The role of the state government and the character of federal-state relations in social policy have evolved considerably. Frank Thompson uses the phrase compensatory federalism to describe increased activity by state governments to make up for a diminished federal role. For compensatory federalism to work, it is essential for states to take leadership roles in key policy areas. Few studies examine whether states have risen to the challenge of compensatory federalism in social policy. This paper examines an emerging issue of great significance in social policy-challenges involved in meeting future long-term care needs for the baby boomer generation. The paper provides an in-depth case study of attempts by Maryland to meet the challenges of financing long-term care needs for the baby boomer generation. The detailed description of the agenda-setting and problem-structuring process in Maryland is followed by an analysis that uses three different frameworks to assess the policy development processes. These models are rooted in a bureaucratic politics perspective, an agenda-setting perspective and an interest group politics perspective. The paper concludes with a discussion of the limitations and possibilities of state leadership in the social policy sphere.

Nuclear energy policy in the United States 1990–2010: A federal or state responsibility?

International Nuclear Information System (INIS)

Heffron, Raphael J.

2013-01-01

This paper examines from a policy perspective nuclear energy policy in the United States (US) from 1990 to 2010 and questions whether it is or has become a Federal or State responsibility. The present study, as befits policy research, engages with many disciplines (for example, in particular, law and politics) and hence the contributions move beyond that of nuclear energy policy literature and in particular to that on nuclear new build and other assessments of large infrastructure projects. Several examples at the Federal level are identified that demonstrate that the nuclear industry has evolved to a stage where it requires a focus on the power of actions at a more localised (state) level in order to re-ignite the industry. The research concludes that there remains a misunderstanding of the issue of project management for complex construction projects, and it is highly arguable whether many of its issues have been resolved. Further, the research asserts that the economics of nuclear energy are not the most influential reason for no nuclear new build in the US. -- Highlights: •Examines the US nuclear energy sector, 1990–2010. •Nuclear industry has evolved to a stage where an individual state is the key driver. •Misunderstanding of the project management and public administration. •Potential of the power of more localised (state) actions to re-ignite the industry

Research report: Summary of key state issues of FERC orders 888 and 889

Energy Technology Data Exchange (ETDEWEB)

Rose, K.; Burns, R.E.; Graniere, R.J. [and others

1997-01-01

The Federal Energy Regulatory Commission`s (FERC) Order 888 is perhaps the most important and far reaching FERC electricity order in decades. The consequences on the structure of the industry and how the industry is regulated are significant departures from past methods and regulatory philosophy. This will undoubtedly have a dramatic impact on the manner in which state public utility commissions, which are also undergoing or considering dramatic change, regulate their jurisdictional electric utilities. This report summarizes and discusses the actions that the FERC is taking and their profound repercussions on the industry and state commissions. The report is not a comprehensive summary of the entire order. Rather, it is intended to highlight the order`s more important features and discuss what this could mean for the states. The report is organized into eight sections; the first seven address Order 888 and the last section (section 8) addresses Order 889. Section 1 through 5 summarize and discuss the main features of Order 888. Section 6 (on jurisdiction) and Section 7 (on property rights) interpret the likely consequences of the order. Section 8, summarizes the FERC`s Open Access Same Time System (OASIS) and discusses some concerns about its real-world application.

8 CFR 1003.24 - Fees pertaining to matters within the jurisdiction of an immigration judge.

Science.gov (United States)

2010-01-01

... jurisdiction of an immigration judge. 1003.24 Section 1003.24 Aliens and Nationality EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, DEPARTMENT OF JUSTICE GENERAL PROVISIONS EXECUTIVE OFFICE FOR IMMIGRATION REVIEW Immigration Court-Rules of Procedure § 1003.24 Fees pertaining to matters within the jurisdiction of an...

9 CFR 329.4 - Notification of governmental authorities having jurisdiction over article or livestock detained...

Science.gov (United States)

2010-01-01

... authorities having jurisdiction over article or livestock detained; form of written notification. 329.4... governmental authorities having jurisdiction over article or livestock detained; form of written notification. Within 48 hours after the detention of any livestock or article pursuant to this part, an authorized...

A Script Analysis of the Distribution of Counterfeit Alcohol Across Two European Jurisdictions

OpenAIRE

Lord, Nicholas; Spencer, Jonathan; Bellotti, Elisa; Benson, Katie

2017-01-01

This article presents a script analysis of the distribution of counterfeit alcohols across two European jurisdictions. Based on an analysis of case file data from a European regulator and interviews with investigators, the article deconstructs the organisation of the distribution of the alcohol across jurisdictions into five scenes (collection, logistics, delivery, disposal, proceeds/finance) and analyses the actual (or likely permutations of) behaviours within each scene. The analysis also i...

75 FR 66387 - Endangered and Threatened Wildlife and Plants; Assisting States, Federal Agencies, and Tribes in...

Science.gov (United States)

2010-10-28

...] Endangered and Threatened Wildlife and Plants; Assisting States, Federal Agencies, and Tribes in Managing...) announces the availability for public review of a draft national plan to assist States, Federal agencies... Management, National Park Service, and FWS; St. Regis Mohawk Tribe; Kentucky Department of Fish and Wildlife...

IAEA verification of weapon-origin fissile material in the Russian Federation and the United States

International Nuclear Information System (INIS)

2001-01-01

The Secretary of Energy of the United States, Spencer Abraham, Minister of the Russian Federation on Atomic Energy, Alexander Rumyantsev, and Director General of the International Atomic Energy Agency (IAEA), Mohamed ElBaradei, met in Vienna on 18 September 2001 to review progress on the Trilateral Initiative. The Initiative was launched in 1996 to develop a new IAEA verification system for weapon-origin material designated by the United States and the Russian Federation as released from their defence programmes. The removal of weapon-origin fissile material from the defence programmes of the Russian Federation and the United States is in furtherance of the commitment to disarmament undertaken by the two States pursuant to Article VI of the Treaty on the Non-Proliferation of Nuclear Weapons (NPT). IAEA verification under this Initiative is intended to promote international confidence that fissile material made subject by either of the two States to Agency verification remains irreversibly removed from nuclear weapon programmes

Who Does Not Benefit from Federal and State Financial Aid Programs? Information Brief. Volume 7, Issue 3

Science.gov (United States)

Florida Board of Governors, State University System, 2009

2009-01-01

This brief presents statistics showing that many students from middle-income and lower-income Florida families do not qualify for federal or state grants and scholarships, and that nearly half of state university system middle- and lower-income families do not receive benefits from federal or state financial aid programs. (Contains technical…

Funding a California Superfund site with minimal state or federal money

International Nuclear Information System (INIS)

Mullaney, M.; Lemcke, H.

1996-01-01

The remediation of abandoned waste sites is a difficult task with limited funding from local, state and federal governments. It has become necessary for site managers and property owners to locate novel sources of funding and services to remediate these sites. An example of such a site is Pacific States Steel Corporation (PSSC) in Union City, California. PSSC abruptly closed its doors in 1978. The former employees (pensioners) of PSSC, won a civil suit in Federal Court for reinstatement of their medical benefits. The Federal Court took control of PSSC's largest remaining asset: a 93 acre site which was covered with slag, dilapidated buildings, a petroleum contaminated cooling pond, asbestos, PCBs, 800 barrels containing unknown fluids, heavy metals, non hazardous solid waste, and other wastes. A court-appointed Special Master submitted to the Court a plan to clean up and develop the 93 acre site to its highest and best use in order to pay the pensioners and other creditors. Total cleanup costs were estimated at over $30 million. Currently, approximately 31 acres are ready for development and 62 acres have all but two structures removed. All above ground waste streams have been remediated or contained

Original jurisdiction of the Superior Administrative Court for litigation on licensing of large-scale commercial plants

International Nuclear Information System (INIS)

Ule, C.H.

1983-01-01

Proceeding from the suggestion of the Bundesrat (Deutscher Bundestag, Document 9/1851) concerning the draft of Rules of the Administrative Courts (VwGO), according to which original jurisdiction of the Higher Administrative Court (OVG) is to be introducing legel actions concerning the licensing of large scale installations in the field of energy, the author points out the now existing regulations and former ones in administrative jurisdiction and criminal jurisdiction by which legal protection is limited to a court of first instance which is competent for fact-finding (e.g. sec. 138 Para. 1 Act of compulsory consolidation of the boundaries of land (FlurbG), sec. 47 Rules of the Administrative Courts (VwGO), sections 24 Para. 1 No. 3, 74 Para. 1 p. 2 Judicature Act (GVG). He tries to transfer the idea of accelerating legal procedure from the model of the Criminal Court in criminal jurisdiction to administrative jurisdiction. Finally, the author examines the question whether cutting down the length of proceedings is really necessary, or if the same result could be reached by making an appeal subject to special admission. (HP) [de

Interindustry Analysis of the Impact of Federal Support for Academic Science on the Economy of New York State.

Science.gov (United States)

Muir, Albert E.

1983-01-01

Economic activity generated by federally-supported research and development in New York State is estimated at 3.7 times the level of original federal spending, generating enough national and state tax revenues to offset the original federal outlay of taxpayers' money. Results support continued aid to higher education during fiscal crises. (MSE)

Cleanups In My Community (CIMC) - Brownfields Grant Jurisdictions, National Layer

Data.gov (United States)

U.S. Environmental Protection Agency — This data layer provides access to Brownfields Grant Jurisdictions as part of the CIMC web service. The data represent polygonal boundaries that show different types...

Toward Effective Water Pipe Tobacco Control Policy in the United States: Synthesis of Federal, State, and Local Policy Texts.

Science.gov (United States)

Colditz, Jason B; Ton, Jessica N; James, A Everette; Primack, Brian A

2017-07-01

Water pipe tobacco smoking (WTS) is growing in popularity among U.S. young adults and is associated with health risks similar to those of cigarette smoking. The purpose of this study is to examine existing tobacco control policies (TCPs) in order to investigate how they engage WTS. A systematic synthesis of content and legal interactions among federal, state, and local TCP documents. Pennsylvania, which represents a politically and demographically diverse microcosm of the United States. No human subjects. Federal and state TCPs were retrieved via public legal repositories. Local policy searches were conducted via county/municipal Web sites, inclusive of 13 localities that had autonomous health departments or existing TCPs based on a National Cancer Institute report. Full-text TCPs were double coded within a grounded theory framework for health policy analysis. Emergent codes were used to compare and contrast policy texts and to examine legal interactions among TCPs. Examination of policy categories including youth access, use restrictions, and taxation revealed WTS as largely omitted from current TCPs. WTS was sometimes addressed as an "other" tobacco product under older TCPs, though ambiguities in language led to questionable enforceability. State preemptions have rolled back or prevented well-tailored reforms at the local level. Federal preemptions have likewise constrained state TCPs. Outdated, preempted, and unclear policies limit the extent to which TCPs engage WTS. Health advocates might target these aspects of TCP reform.

76 FR 52658 - State Program Requirements; Approval of Application for Program Revision to the National...

Science.gov (United States)

2011-08-23

... program, pretreatment program, and miscellaneous non-domestic discharges; and Phase III includes mining... the EPA consider adopting stipulations related to jurisdiction issues and authorities of federally...

Reactor licensing in the United States and Federal Republic of Germany

International Nuclear Information System (INIS)

Salvatore, J.E.L.

1980-02-01

The licensing procedure for nuclear power plants in the United States and in the Federal Republic of Germany is analysed. The security policy, the inspections and the supervision during their construction and operation are discussed. (A.L.) [pt

Information by the Federal Minister of the Interior concerning Para. 7 of the Atomic Energy Act

International Nuclear Information System (INIS)

1980-01-01

The structural characteristics of Section 7 of the AtG (Atomic Energy Act) have been proved. The changings of the permission assumptions of Section 7 of the Atomic Energy Act by means of a substitution of the applied undefined legal terms cannot be aspired. The jurisdiction of the Federal Constitutional Court has confirmed this interpretation. (orig.) [de

Initial state regulation of investor-owned utilities

International Nuclear Information System (INIS)

Savitski, D.W.

2001-01-01

This paper examines state initiation of public service (or utility) commission regulation of investor-owned utilities (IOUs) using an economic theory of regulation. The decision to regulate IOUs is assumed to have depended on the strength of competing interest groups, e.g. consumers and producers, and on institutional factors, e.g. whether commissioners were appointed or elected. Regulators, which then had jurisdiction over IOU rates, are assumed to have been optimizing agents. The potential benefits of regulation, in turn, translated into pressure to initiate regulation. To test this, a hazard model is applied to state-level data. On the demand side of the regulation market, the distribution of federal power and population density were unrelated, while a set of time dummies was positively related to the probability that a state initiated regulation. On the supply side, the fraction of the population that was urban and whether the governor was Republican or not were positively and negatively related to this probability

Alternative financing methods. Improving regulatory effectiveness in Federal/State siting actions

International Nuclear Information System (INIS)

Evans, D.J.

1977-03-01

This nation has experienced repeated energy crises during the past decade but, in spite of the announcement of grandiose national plans, still does not have an integrated national energy policy. The basic elements of such a policy in simplified form are: development of a common data base; a national fuels policy; electrical need determination (other fuel need determination); plant site and transmission corridor locations; site approval; construction supervision and management of secondary environmental costs; and continuing environmental monitoring of operating plants. The financing of energy planning depends on the assignment of lead responsibility for each element of energy policy making and the intergovernmental relationships involved. Several financial sources are required including Federal general appropriations, state general funds, and applicant fees. The recommended basic financing, however, would flow from a Federal Energy Tax (F.E.T.) coupled with tax credit provisions for state efforts

7 CFR 3019.41 - Recipient responsibilities.

Science.gov (United States)

2010-01-01

... to such Federal, State or local authority as may have proper jurisdiction. ... HIGHER EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS Post-Award Requirements Procurement... responsible authority, without recourse to the Federal awarding agency, regarding the settlement and...

Migration Elasticities, Fiscal Federalism and the Ability of States to Redistribute Income

OpenAIRE

Giertz, Seth H.; Tosun, Mehmet S.

2012-01-01

This paper develops a simulation model in order to examine the effectiveness of state attempts at redistribution under a variety of migration elasticity assumptions. Key outputs from the simulation include the impact of tax-induced migration on state revenues, excess burden, and fiscal externalities. With modest migration elasticities, the costs of state-level redistribution are substantial, but state action may still be preferred to a federal policy that is at odds with preferences of a stat...

Coal Fields and Federal Lands of the Conterminous United States

Science.gov (United States)

Biewick, Laura

1997-01-01

The map depicts the relationship of coal and public lands in the conterminous U. S. Multiple GIS layers are being created for the purpose of deriving estimates of how much coal is owned and administered by the Federal government. Federal coal areas have a profound effect on land-management decisions. Regulatory agencies attempt to balance energy development with alternative land-use and environmental concerns. A GIS database of Federal lands used in energy resource assessments is being developed by the U. S. Geological Survey (USGS) in cooperation with the U.S. Bureau of Land Management (BLM) to integrate information on status of public land, and minerals owned by the Federal government with geologic information on coal resources, other spatial data, coal quality characteristics, and coal availability for development. Using national-scale data we estimate that approximately 60 percent of the area underlain by coal-bearing rocks in the conterminous United States are under Federal surface. Coal produced from Federal leases has tripled from about 12 percent of the total U.S. production in 1976 to almost 34 percent in 1995 (Energy Information Administration website ftp://ftp.eia.doe.gov/pub/coal/cia_95_tables/t13p01.txt). The reason for this increase is demand for low-sulfur coal for use in power plants and the fact that large reserves of this low-sulfur coal are in the western interior U.S., where the Federal government owns the rights to most of the coal reserves. The map was created using Arc/Info 7.0.3 on a UNIX system. The HPGL2 plot file for this map is available from the USGS Energy Resource Surveys Team from http://energy.cr.usgs.gov:8080/energy/coal.html.

Nuclear supervision - Administration by the federal states on behalf of the Federal Government or direct federal administration? Evaluation from a practical point of view; Atomaufsicht - Bundesauftragsverwaltung oder Bundeseigenverwaltung? Bewertung aus der Sicht der Praxis

Energy Technology Data Exchange (ETDEWEB)

Cloosters, W. [Ministerium fuer Soziales, Gesundheit und Verbraucherschutz des Landes Schleswig-Holstein, Kiel (Germany). Abt. Reaktorsicherheit

2005-01-01

The organization of supervisory authorities under the Atomic Energy Act is not a new issue. In fact, it was discussed vehemently in the Federal Republic of Germany as far back as in the early fifties. Federal legislation in late 1959 decided to have the Atomic Energy Act executed in part under direct federal responsibility and, as far as the important supervision of the nuclear power plants operated in the Federal Republic of Germany was concerned, by the federal states on behalf of the federal government. Federal Minister for the Environment Trittin reopened the debate about the organization of nuclear administration by announcing his intention to transfer the supervision of nuclear power plants to direct federal administration. This announcement not only raises the question of legal permissibility of transferring nuclear power plant oversight to federal administration, but also requires a critical review, as presented in this article, of practical regulatory supervision to ensure safe operation of nuclear facilities. In this connection, both the actual content of supervisory activities and the way in which they are carried out must be examined in an effort to find an answer based on solid premises to the question raised above. For reasons explained in the contribution, oversight of nuclear power plants cannot be carried out as a centralized function. Instead, the legislative decision of 1959 in favor of the federal states exercising supervision on behalf of the federal government continues to be correct at the present stage also in the light of the steps initiated to opt out of the peaceful uses of nuclear power. (orig.)

The effect of federal and state off-label marketing investigations on drug prescribing: The case of olanzapine.

Science.gov (United States)

Wang, Bo; Studdert, David M; Sarpatwari, Ameet; Franklin, Jessica M; Landon, Joan; Kesselheim, Aaron S

2017-01-01

In the past decade, the federal government has frequently investigated and prosecuted pharmaceutical manufacturers for illegal promotion of drugs for indications not approved by the Food and Drug Administration (FDA) ("off-label" uses). State governments can choose to coordinate with the federal investigation, or pursue their own independent state investigations. One of the largest-ever off-label prosecutions relates to the atypical antipsychotic drug olanzapine (Zyprexa). In a series of settlements between 2008 and 2010, Eli Lilly paid $1.4 billion to the federal government and over $290 million to state governments. We examined the effect of these settlements on off-label prescribing of this medication, taking advantage of geographical differences in states' involvement in the investigations and the timing of the settlements. However, we did not find a reduction in off-label prescribing; rather, there were no prescribing changes among states that joined the federal investigation, those that pursued independent state investigations, and states that pursued no investigations at all. Since the settlements of state investigations of off-label prescribing do not appear to significantly impact prescribing rates, policymakers should consider alternate ways of reducing the prevalence of non-evidence-based off-label use to complement their ongoing investigations.

76 FR 63188 - Hawaii State Plan; Change in Level of Federal Enforcement: Military Installations

Science.gov (United States)

2011-10-12

... authority with regard to occupational safety and health issues covered by the Hawaii State Plan. Federal... DEPARTMENT OF LABOR Occupational Safety and Health Administration 29 CFR Part 1952 Hawaii State... approval of a change to the state of Hawaii's occupational safety [[Page 63189

The Role of States in Cleanup of Hazardous Waste at Federal Facilities

Science.gov (United States)

1993-09-01

law. In this case the plaintiffs were engaged in the business of growing, packing, and marketing avocados in Florida. They brought suit in federal court...production, marketing and distribution of electric power in the Pacific Northwest. The Council’s responsibility was to develop a plan for... Avocado Growers, Inc. v. Paul.’-9 In this case the Supreme Court set forth a three-part test to determine if a state law had been preempted by a federal

AN UNCERTAIN FEDERALISM: THE STATES AND THE AFFORDABLE CARE ACT.

Science.gov (United States)

Plein, L Christopher

2014-01-01

This article provides an initial assessment of the Affordable Care Act's recent implementation experience in the states. Drawing on state-level and regional analyses that have been coordinated by the ACA Implementation Network--a cooperative effort involving researchers in 35 states--this article highlights the uncertain policy environment associated with the politics and complexities of the ACA. Understanding the ACA implementation experience requires an appreciation for political context, but must also take into account underlying demographic, market, and state administrative capacity issues in the states. There are indications that the ACA implementation experience is moving from a highly charged partisan nature to a more accommodating posture long associated with intergovernmental relations between the federal and state government in health and human services administration. In short, the key questions going forward will turn on how, not whether, the ACA is implemented.

Emergency response capabilities developed in the United States to deal with nuclear materials transportation accidents

International Nuclear Information System (INIS)

Vandevender, S.G.; Reese, R.T.; Schilling, A.H.

1980-01-01

The non-existence of emergency response programs is frequently stated as a reason for restricting the movement of radioactive materials through states or local jurisdictions. Yet, studies discussed here indicate that emergency response capability, while not in the best condition, is getting more money, interest and attention, and in most states response networks exist which could be effective in responding to radiological emergencies. Awareness of such capabilities by the public is an important feature in increasing the public's confidence in the ability of federal, state and local officials in controlling hazards. One aspect of this awareness program could be in broader availability of radioactive emergency techniques for possible first responders to emergencies. This training, public awareness and more emphasis on workable emergency plans will help to assure reliable and workable emergency response plans

29 CFR 37.84 - What happens if CRC does not have jurisdiction over a complaint?

Science.gov (United States)

2010-07-01

... 29 Labor 1 2010-07-01 2010-07-01 true What happens if CRC does not have jurisdiction over a complaint? 37.84 Section 37.84 Labor Office of the Secretary of Labor IMPLEMENTATION OF THE... Procedures § 37.84 What happens if CRC does not have jurisdiction over a complaint? If CRC does not have...

Competition for Jurisdiction Over Food Industry in South Korea

Directory of Open Access Journals (Sweden)

Sungeun Park

2011-08-01

Full Text Available In spite of the government’s multilateral effort to control food safety, there have been constantly many shock events threatening citizens’ health. This paper points out the matter of food safety management system with a view of competition for jurisdiction over food industry among the Ministry of Health and Welfare and the Ministry for Food, Agriculture, Forestry and Fisheries and affiliated organizations. Use description qualitative method in research. Each ministry has separate basic positions and approaches to food industry policy: regulation and promotion.The policy image has been changed into “regulation” as public anxiety and concern for hazardous foods has grown since the end of 1990. They competeto take charge of promoting or regulating the food industry by establishing or amending laws, expanding organizations and mobilizing a coalition.Coordination by policy committee, cooperation between agencies, and integration of agencies were introduced as measures to eliminate unnecessary competition for jurisdiction.

Final Report: Multi-State Sharing Initiative

Energy Technology Data Exchange (ETDEWEB)

Begoli, Edmon [ORNL; Boehmann, Brant [ORNL; DeNap, Frank A [ORNL

2012-04-01

In 2003 a joint effort between the U.S. Department of Homeland Security (DHS) and the U.S. Department of Justice created state and metropolitan intelligence fusion centers. These fusion centers were an effort to share law enforcement, disaster, and terrorism related information and intelligence between state and local jurisdictions and to share terrorism related intelligence between state and local law enforcement agencies and various federal entities. In 2006, DHS commissioned the Oak Ridge National Laboratory to establish and manage a groundbreaking program to assist local, state, and tribal leaders in developing the tools and methods required to anticipate and forestall terrorist events and to enhance disaster response. This program, called the Southeast Region Research Initiative (SERRI), combines science and technology with validated operational approaches to address regionally unique requirements and suggest regional solutions with the potential for national application. In 2009, SERRI sponsored the Multistate Sharing Initiative (MSSI) to assist state and metropolitan intelligence fusion centers with sharing information related to a wider variety of state interests than just terrorism. While these fusion centers have been effective at sharing data across organizations within their respective jurisdictions, their organizational structure makes bilateral communication with federal entities convenient and also allows information to be further disbursed to other local entities when appropriate. The MSSI-developed Suspicious Activity Report (SAR) sharing system allows state-to-state sharing of non-terrorism-related law enforcement and disaster information. Currently, the MSSI SAR system is deployed in Alabama, Kentucky, Tennessee, and South Carolina. About 1 year after implementation, cognizant fusion center personnel from each state were contacted to ascertain the status of their MSSI SAR systems. The overwhelming response from these individuals was that the MSSI

Toward a federal/state/local partnership in hazardous materials transportation safety

International Nuclear Information System (INIS)

1982-09-01

In recognition of the federal government's responsibility for initiating a national strategy for hazardous materials transportation safety, the Materials Transportation Bureau (MTB) prepared an internal strategy paper for creating a federal/state/local partnership in hazardous materials transportation safety in August 1981. The paper outlined the scope of the hazardous materials transportation problem and established MTB's approach for creating an intergovernmental partnership for its resolution. This paper represents an update and refinement of the original plan, and is designed to chart the direction of the emerging federal/state/local relationship. The cornerstone of the plan remains the establishment of a single national set of safety regulations. It is on achievement of this objective that MTB's plan for development of enforcement, training, and emergency response capabilities at all levels of government is based. Chapter I introduces the problem with a desription of the economic importance of hazardous materials and discusses its implications for public safety. Chapter II defines the appropriate role for each level of government in the areas of rulemaking, enforcement, emergency response, and education. Chapter III demonstrates the need for uniform national safety standards and describes the economic and safety benefits of this approach. Chapter IV contains a detailed description of MTB's program for developing a successful intergovernmental partnership in hazardous materials transportation safety

Financial assistance to States and tribes to support emergency preparedness and response and the safe transportation of hazardous shipments

International Nuclear Information System (INIS)

Bradbury, J.A.; Jones, M.L.

1995-01-01

This report identifies and summarizes existing sources of financial assistance to States and Indian tribes in preparing and responding to transportation emergencies and ensuring the safe transportation of hazardous shipments through their jurisdictions. The report has been prepared as an information resource for the US Department of Energy's Office of Environmental Restoration and Waste Management, Office of Transportation, Emergency Management and Analytical Services. The report discusses funding programs administered by the following Federal agencies: Federal Emergency Management Agency; Department of Transportation; the Environmental Protection Agency; and the Department of Energy. Also included is a summary of fees assessed by some States on carriers of hazardous materials and hazardous waste. The discussion of programs is supplemented by an Appendix that provides a series of tables summarizing funding sources and amounts. The report includes several conclusions concerning the level of funding provided to Indian tribes, the relative ranking of funding sources and the variation among States in overall revenues for emergency response and safe transportation

41 CFR 105-72.501 - Recipient responsibilities.

Science.gov (United States)

2010-07-01

... to such Federal, State or local authority as may have proper jurisdiction. ... EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS 72.50-Post-Award Requirements/Procurement Standards... responsible authority, without recourse to the Federal awarding agency, regarding the settlement and...

World Federation of Occupational Therapists' Position Statement on Telehealth

Directory of Open Access Journals (Sweden)

World Federation of Occupational Therapists

2014-09-01

Full Text Available The purpose of this document is to state the World Federation of Occupational Therapists’ (WFOT position on the use of telehealth for the delivery of occupational therapy services. Telehealth is the use of information and communication technologies (ICT to deliver health-related services when the provider and client are in different physical locations. Additional terms used to describe this service delivery model include: tele-occupational therapy, telerehabilitation, teletherapy, telecare, telemedicine, and telepractice, among other terms. Telehealth may be used by occupational therapy practitioners for evaluation, intervention, monitoring, supervision, and consultation (between remote therapist, client, and/or local health-care provider as permitted by jurisdictional, institutional, and professional regulations and policies governing the practice of occupational therapy.Occupational therapy services via telehealth should be appropriate to the individuals, groups and cultures served,and contextualized to the occupations and interests of clients. Important considerations related to licensure/registration, collaboration with local occupational therapists, client selection, consent to treat, professional liability insurance, confidentiality, personal and cultural attributes, provider competence/standards of care, reimbursement/payer guidelines, and authentic occupational therapy practice are discussed.

75 FR 76633 - Oregon; Correction of Federal Authorization of the State's Hazardous Waste Management Program

Science.gov (United States)

2010-12-09

...; Correction of Federal Authorization of the State's Hazardous Waste Management Program AGENCY: Environmental... its federally authorized RCRA Hazardous Waste Management Program. These authorized changes included... with Conditionally Exempt Small Quality Generators (CESQG) waste is subject to RCRA used oil management...

Renewable Energy Prices in State-Level Feed-in Tariffs. Federal Law Constraints and Possible Solutions

Energy Technology Data Exchange (ETDEWEB)

Hempling, Scott [National Regulatory Research Inst., Silver Spring, MD (United States); Elefant, Carolyn [Law Offices of Carolyn Elefant, Washington, DC (United States); Cory, Karlynn [National Renewable Energy Lab. (NREL), Golden, CO (United States); Porter, Kevin [Exeter Associates, Inc., Golden, CO (United States)

2010-01-01

This report details how state feed-in tariff (FIT) programs can be legally implemented and how they can comply with federal requirements. The report describes the federal constraints on FIT programs and identifies legal methods that are free of those constrains.

Who Can Be President of the United States?: Candidate Hillary Clinton and the Problem of Statutory Qualifications

Directory of Open Access Journals (Sweden)

Tillman Seth Barrett

2016-04-01

Full Text Available Qualifications for public office restrict democratic choice, but such restrictions have a long pedigree in many jurisdictions. For example, the U.S. Constitution sets out qualifications for elected federal officials: i.e., Representative, Senator, President, and Vice President. Qualifications for those positions include provisions relating to age, citizenship, and residence. It has been long debated whether these textual qualifications are exclusive (i.e., floors and ceilings or whether they are merely floors, which can be supplemented by additional qualifications imposed by Congress or by the States.

Prevalence of obesity and acanthosis nigricans among young children in the children's healthy living program in the United States Affiliated Pacific.

Science.gov (United States)

Novotny, Rachel; Li, Fenfang; Fialkowski, Marie Kainoa; Bersamin, Andrea; Tufa, Aifili; Deenik, Jonathan; Coleman, Patricia; Guerrero, Rachael Leon; Wilkens, Lynne R

2016-09-01

Estimate prevalence of obesity and acanthosis nigricans (AN) among children in United States Affiliated Pacific (USAP) jurisdictions.Cross-sectional measurement of weight, height, and AN in 5775, 2 to 8 years old in 51 communities-Hawai'i, Alaska, Commonwealth of the Northern Mariana Islands, Guam, American Samoa, Palau, Republic of the Marshall Islands (RMI), 4 Federated States of Micronesia (Pohnpei, Yap, Kosrae, Chuuk). Analyses weighted to jurisdiction-specific sex and age distributions accounting for clustering of communities within jurisdictions.Prevalence of obesity was 14.0%, overweight 14.4%, healthy weight 68.9%, and underweight 2.6%, higher in males (16.3%) than females (11.6%), higher among 6 to 8 years old (16.3%) than 2 to 5 years old (12.9%), highest in American Samoa (21.7%), and absent in RMI. In total, 4.7% of children had AN, with no sex difference, higher in 6 to 8 years old (6.8%) than 2 to 5 years old (3.5%) and highest in Pohnpei (11.9%), and absent in Alaska. Obesity was highly associated with AN (odds ratio = 9.25, 95% confidence interval = 6.69-12.80), with the strongest relationships among Asians, followed by Native Hawaiians and Pacific Islanders (NHPI).Obesity, age, and Asian and NHPI race were positively associated with AN.

New York State Health Foundation grant helps health centers win federal expansion funds.

Science.gov (United States)

Sandman, David; Cozine, Maureen

2012-11-01

With approximately 1.2 million New Yorkers poised to gain health insurance coverage as a result of federal health reform, demand for primary care services is likely to increase greatly. The Affordable Care Act includes $11 billion in funding to enhance primary care access at community health centers. Recognizing a need and an opportunity, in August 2010 the New York State Health Foundation made a grant of nearly $400,000 to the Community Health Care Association of New York State to work with twelve health centers to develop successful proposals for obtaining and using these federal funds. Ultimately, eleven of the twelve sites are expected to receive $25.6 million in federal grants over a five-year period-a sixty-four-fold return on the foundation's investment. This article describes the strategy for investing in community health centers; identifies key project activities, challenges, and lessons; and highlights its next steps for strengthening primary care.

Original jurisdiction in matters relating to transport of radioactive substances

International Nuclear Information System (INIS)

Anon.

1989-01-01

Decisions on actions for avoidance of government supervision in matters of transport of radioactive substances are placed under the original jurisdiction of administrative courts. (Kassel Administrative Court, decision of 20 December 1988 - 8 A 699/88). (orig.) [de

44 CFR 63.16 - Review of State application by the Federal Insurance Administrator.

Science.gov (United States)

2010-10-01

... for eligibility and indicate in what respects the State program and/or data base fails to comply with... 44 Emergency Management and Assistance 1 2010-10-01 2010-10-01 false Review of State application... FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND SECURITY INSURANCE AND HAZARD MITIGATION...

43 CFR 12.941 - Recipient responsibilities.

Science.gov (United States)

2010-10-01

... to such Federal, State or local authority as may have proper jurisdiction. ... responsible authority, without recourse to the Federal awarding agency, regarding the settlement and satisfaction of all contractual and administrative issues arising out of procurements entered into in support...

A review of state regulations that exceed those of the federal Resource Conservation and Recovery Act (RCRA)

International Nuclear Information System (INIS)

Coutant, C.C.; Heckman, C.L.

1988-04-01

This report identifies and provides information on state hazardous waste management programs and regulations in states where the US Department of Energy (DOE) has facilities. The objective is to describe for the DOE defense program and its contractors how state requirements are more stringent than the federal regulations under the Resource Conservation and Recovery Act (RCRA). DOE defense programs are located in 13 of the 50 states. Most of these states have regulations that are essentially equivalent to the federal RCRA requirements as they existed prior to the 1984 amendments, but their regulations are, in most instances, more stringment than the federal requirements. Differences are both substantive and procedural, and they are summarized and tabulated herein. All but three of these 13 states have been granted Final Authorization from the US Environmental Protection Agency (EPA) to operate their own hazardous waste management program in accord with the federal RCRA program prior to the 1984 amendments; two of the three others have some stage of Interim Authorization. EPA currently administers all of the provisions of the 1984 amendments, including requirements for corrective action under Sect. 3004(u). Two states, Colorado and Tennessee, have been granted revisions to their Final Authorizations delegating responsibility for the hazardous wastes. Responsible state agencies (with appropriate telephone numbers) are indicated, as are the relevant laws and current regulatory statutes

IAEA verification of weapon-origin fissile material in the Russian Federation and the United States

International Nuclear Information System (INIS)

2000-01-01

The document informs about the meeting of the Minister of the Russian Federation on Atomic Energy, the Administrator of the National Nuclear Security Administration of the United States, and the Director General of the IAEA, on 18 September 2000 in Vienna, to review progress on the Trilateral Initiative which was launched in 1996 to develop a new IAEA verification system for weapon-origin material designated as released from defense programs by the United States or the Russian Federation

State administration and financing of family planning services.

Science.gov (United States)

Weinberg, D

1972-04-01

A 1971 survey by the Center for Family Planning Program Development consisted of a questionnaire mailed to health and welfare directors in 50 states and 5 federal jurisdictions concerning their family planning policies and administrative practices. 52 agencies responded; Guam, Mississippi, and Louisiana did not. The major funding for state health agencies was allocated by HEW and by maternal and child health (MCH) formula grants under Title 5 of the Social Security Act. 11 states made additional expenditures of $1.7 million for a variety of purposes. 21 states required local welfare departments to purchase services under the Medicaid program established by Title 19 of the Social Security Act. Administration was assigned to specific organizations within the state health agencies. 31 states reported a total of 128 full-time professional personnel, with 90 assigned at state headquarters level. In general, on a state-by-state basis, the full-time staff does not correspond to the size of the appropriations. Survey findings were useful measures of resource commitments to family planning services by state health and welfare agencies and provided data on future levels of resource requirements.

Improving regulatory effectiveness in federal/state siting actions: state regulatory activity involved in need for power

International Nuclear Information System (INIS)

Nassikas, J.

1977-04-01

The individual views are presented of the panel members relating to the basic issues and framework for improvements of the Federal/state process for licensing of nuclear power plants, associated facilities, transmission lines, reprocessing of fuel and uranium enrichment. The synopsis supplements the initial synopsis of the views presented to the National Governors Conference Workshop ''State Perspectives on Energy Facility Siting'' in Atlanta, Georgia on December 15--16, 1976. Both synopses constitute the report of this panel

Thinking out the Box: Promoting Inter-jurisdictional Collaboration in ...

African Journals Online (AJOL)

The issue of inter-jurisdictional collaboration is explored with reference to the Karoo region of South Africa. This region has not reached its economic potential, because it straddles four provinces. Nevertheless, there are positive signs of a new appreciation of regionalism in South Africa, in terms of academic analyses, civil ...

The Determination of Jurisdiction in Grid and Cloud Service Level Agreements

Science.gov (United States)

Parrilli, Davide Maria

Service Level Agreements in Grid and Cloud scenarios can be a source of disputes particularly in case of breach of the obligations arising under them. It is then important to determine where parties can litigate in relation with such agreements. The paper deals with this question in the peculiar context of the European Union, and so taking into consideration Regulation 44/2001. According to the rules on jurisdiction provided by the Regulation, two general distinctions are drawn in order to determine which (European) courts are competent to adjudicate disputes arising out of a Service Level Agreement. The former is between B2B and B2C transactions, and the latter regards contracts which provide a jurisdiction clause and contracts which do not.

Restaurant menu labeling use among adults--17 states, 2012.

Science.gov (United States)

Lee-Kwan, Seung Hee; Pan, Liping; Maynard, Leah; Kumar, Gayathri; Park, Sohyun

2014-07-11

Many persons underestimate the calories in restaurant foods. Increased attention has been given to menu labeling (ML) as a way to provide consumers with point-of-purchase information that can help them reduce calorie intake and make healthier dietary choices. In 2010, a federal law was passed requiring restaurants with 20 or more establishments to display calorie information on menus and menu boards.* The regulations to implement this federal law have not been finalized, but some states and local jurisdictions have implemented their own ML policies, and many restaurants have already begun providing ML. To assess fast food and chain restaurant ML use by state and by demographic subgroup, CDC examined self-reported ML use by adults in 17 states that used the Sugar-Sweetened Beverages and Menu Labeling optional module in the 2012 Behavioral Risk Factor Surveillance System (BRFSS) survey. Based on approximately 97% of adult BRFSS respondents who noticed ML information at restaurants, the estimated overall proportion of ML users in the 17 states was 57.3% (range = 48.7% in Montana to 61.3% in New York). The prevalence of ML use was higher among women than men for all states; the patterns varied by age group and race/ethnicity across states. States and public health professionals can use these findings to track the use of ML and to develop targeted interventions to increase awareness and use of ML among nonusers.

Hydrology, vegetation, and soils of four north Florida River flood plains with an evaluation of state and federal wetland determinations

Science.gov (United States)

Light, H.M.; Darst, M.R.; MacLaughlin, M.T.; Sprecher, S.W.

1993-01-01

available. In this study, plots were located near long-term gaging stations, thus wetland determinations based on plant and soil characteristics could be evaluated at sites where long-term hydrologic conditions were known. Inconsistencies among hydrology, vegetation, and soil determinations were greatest on levee communities of the Ochlockonee and Aucilla River flood plains. Duration of average annual longest flood was almost 2 weeks for both plots. The wetland species list currently used (1991) by the State lacks many ground-cover species common to forested flood plains of north Florida rivers. There were 102 ground-cover species considered upland plants by the State that were present on the nine annually flooded plots of this study. Among them were 34 species that grew in areas continuously flooded for an average of 5 weeks or more each year. Common flood-plain species considered upland plants by the State were: Hypoxis leptocarpa (yellow star-grass), and two woody vines, Brunnichia ovata (ladies' eardrops) and Campsis radicans (trumpet-creeper), which were common in areas flooded continuously for 6 to 9 weeks a year; Sebastiania fruticosa (Sebastian-bush), Chasmanthium laxum (spikegrass), and Panicum dichotomum (panic grass), which typically grew in areas flooded an average of 2 to 3 weeks or more per year; Vitis rotundifolia (muscadine) and Toxicodendron radicans (poison-ivy), usually occurring in areas flooded an average of 1 to 2 weeks a year; and Quercus virginiana (live oak) present most often in areas flooded approximately 1 week a year. Federal wetland regulations (1989) limited wetland jurisdiction to only those areas that are inundated or saturated during the growing season. However, year-round hydrologic records were chosen in this report to describe the influence of hydrology on vegetation, because saturation, inundation, or flowing water can have a variety of both beneficial and adverse effects on flood-plain vegetation at any time of the

[The federal state educational standard and teaching of history of medicine].

Science.gov (United States)

Sorokina, T S

2016-01-01

The article considers actual issues of teaching of history of medicine in Russia in connection with transition of higher medical school of Russia to the new Federal state educational standard of high education if the third generation meaning placement of discipline in education process, programs of training, personnel support.

Wetland mitigation banking for the oil and gas industry: Assessment, conclusions, and recommendations

Energy Technology Data Exchange (ETDEWEB)

Wilkey, P.L.; Sundell, R.C.; Bailey, K.A.; Hayes, D.C.

1994-01-01

Wetland mitigation banks are already in existence in the United States, and the number is increasing. To date, most of these banks have been created and operated for mitigation of impacts arising from highway or commercial development and have not been associated with the oil and gas industry. Argonne National Laboratory evaluated the positive and negative aspects of wetland mitigation banking for the oil and gas industry by examining banks already created for other uses by federal, state, and private entities. Specific issues addressed in this study include (1) the economic, ecological, and technical effectiveness of existing banks; (2) the changing nature of local, state, and federal jurisdiction; and (3) the unique regulatory and jurisdictional problems affecting bank developments associated with the oil and gas industry.

Microphthalmia and anophthalmia in Chuuk State, Federated States of Micronesia.

Science.gov (United States)

Yomai, A A; Pavlin, B I

2010-04-01

Microphthalmia ('small eye') and anophthalmia ('no eye') are rare congenital defects of eye development. Previous studies utilizing a variety of methodologies have estimated their combined incidence at anywhere from 4 to 30 cases per 100,000 live births. In Chuuk, Federated States of Micronesia, there have been 42 cases detected since 1988, yielding an estimated incidence of 140 cases per 100,000. A number of putative genetic and environmental causes have previously been associated with microphthalmia and anophthalmia, including vitamin A deficiency. To date, it is unclear which of these factors may play a role in the alarmingly high rates observed in Chuuk. The Chuuk Division of Public Health has proposed a study to explore these potential causes, which will hopefully shed light on the prevention of these rare but debilitating conditions.

Cybercrime, digital forensics and jurisdiction

CERN Document Server

Chawki, Mohamed; Khan, Mohammad Ayoub; Tyagi, Sapna

2015-01-01

The purpose of law is to prevent the society from harm by declaring what conduct is criminal, and prescribing the punishment to be imposed for such conduct. The pervasiveness of the internet and its anonymous nature make cyberspace a lawless frontier where anarchy prevails. Historically, economic value has been assigned to visible and tangible assets. With the increasing appreciation that intangible data disseminated through an intangible medium can possess economic value, cybercrime is also being recognized as an economic asset. The Cybercrime, Digital Forensics  and Jurisdiction disseminate knowledge for everyone involved with understanding and preventing cybercrime - business entities, private citizens, and government agencies. The book is firmly rooted in the law demonstrating that a viable strategy to confront cybercrime must be international in scope.

49 CFR 19.41 - Recipient responsibilities.

Science.gov (United States)

2010-10-01

... to be referred to such Federal, State or local authority as may have proper jurisdiction. ... Requirements Procurement Standards § 19.41 Recipient responsibilities. The standards contained in this section... recipient is the responsible authority, without recourse to the Federal awarding agency, regarding the...

38 CFR 49.41 - Recipient responsibilities.

Science.gov (United States)

2010-07-01

... to such Federal, State or local authority as may have proper jurisdiction. (Authority: Pub. L. 104... EDUCATION, HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS Post-Award Requirements Procurement Standards § 49... responsible authority, without recourse to the Federal awarding agency, regarding the settlement and...

47 CFR 76.913 - Assumption of jurisdiction by the Commission.

Science.gov (United States)

2010-10-01

... jurisdiction by the Commission. (a) Upon denial or revocation of the franchising authority's certification, the... continue until the franchising authority has obtained certification or recertification. (b) A franchising... cable service and associated equipment of its franchisee when: (1) The franchising authority lacks the...

Guide to federal regulation of sales of imported electricity in Canada, Mexico and the United States

International Nuclear Information System (INIS)

2005-01-01

This Guide to Federal Regulation of Sales of Imported Electricity in Canada, Mexico, and the United States promotes cross-border electricity trade. It provides information on federal regulation of cross-border electricity trade and is intended to be used together with a companion guide called the North American Regulation of International Electricity Trade which outlines regulations for the construction and operation of cross-border power lines and the permitting requirements for electricity exports and imports between Canada, Mexico and the United States. The guide outlines the basic elements of the general federal regulatory process that applies to a given North American cross-border electricity trade. It offers an improved understanding of the applicable country's federal regulatory regime. Different federal government agencies within each country may regulate different aspects of a particular cross-border electricity trade. This guide does not examine the requirements that may apply at the state or provincial government levels. Rather, it is a collaborative effort of the 3 national energy departments and energy regulators that support the Experts Group on Electricity Regulatory Issues, a specialized unit assembled by the North American Energy Working Group (NAEWG). It was noted that the energy policies and regulations of each nation can change periodically

26 CFR 301.6361-2 - Judicial and administrative proceedings; Federal representation of State interests.

Science.gov (United States)

2010-04-01

... liability. (b) Criminal proceedings. Only the Federal Government shall have the right to bring a criminal... representation of State interests. (a) Civil proceedings—(1) General rule. Any person shall have the same right... procedures under State law. (2) Exception. The right or power of the courts of any State to pass on matters...

School District Fiscal Strain: Implications for State and Federal Financial Assistance.

Science.gov (United States)

Hentschke, Guilbert; Yagielski, John

1982-01-01

Uses a model portraying school district decision makers as "consumers" to analyze fiscal strain's causes (enrollment decline, input price increases, and changes in input mix) as variants of the general consumer model. Measures the impact of each cause of fiscal strain and discusses implications for state and federal aid. (Author/RW)

Inter-territorial Cohesion in Unitarian and Federal States

Directory of Open Access Journals (Sweden)

Catalina Larach-del Castillo

2017-06-01

Full Text Available The tension in the distribution of power, with particular regards to the centralization and decentralization techniques, commonly impedes a coherent association between territorial realities and national demands, and could even encourage peripheral and separatist resistances. In spite of different resources available in the States, it is possible to query whether policies jointly executed by distinct levels of government are a sufficient illustration of inter-territorial interaction. This paper examines the unitary and federal models from an interterritorial perspective, with the purpose of finding common grounds, as well as mechanisms that will encourage concerted efforts and actions.

Job Satisfaction and Expected Turnover Among Federal, State, and Local Public Health Practitioners.

Science.gov (United States)

Leider, Jonathon P; Harper, Elizabeth; Shon, Ji Won; Sellers, Katie; Castrucci, Brian C

2016-10-01

To use data on the governmental public health workforce to examine demographics and elucidate drivers of job satisfaction and intent to leave one's organization. Using microdata from the 2014 Federal Employee Viewpoint Survey and 2014 Public Health Workforce Interests and Needs Survey, we drew comparisons between federal, state, and local public health staff. We fitted logistic regressions to examine correlates of both job satisfaction and intent to leave one's organization within the coming year. Correlates of job satisfaction included pay satisfaction, organizational support, and employee involvement. Approximately 40% of federal, state, and local staff said they were either considering leaving their organization in the next year or were planning to retire by 2020. Public health practitioners largely like their jobs, but many are dissatisfied with their pay and are considering working elsewhere. More should be done to understand the determinants of job satisfaction and how to successfully retain high-quality staff. Public health is at a crossroads. Significant turnover is expected in the coming years. Retention efforts should engage staff across all levels of public health.

Federalism: Reconciling National Values with States' Rights and Local Control in the 21st Century.

Science.gov (United States)

Ryan, John Paul, Ed.

2001-01-01

This publication examines ways to teach about law in the liberal arts. This issue features a dialogue among eight social science, humanities, policy, and legal scholars, in which they discuss a wide range of viewpoints on federalism. The conversation traverses historical perspectives on federal-state relations, changes in selected public policy…

Use of tobacco tax stamps to prevent and reduce illicit tobacco trade--United States, 2014.

Science.gov (United States)

Chriqui, Jamie; DeLong, Hillary; Gourdet, Camille; Chaloupka, Frank; Edwards, Sarah Matthes; Xu, Xin; Promoff, Gabbi

2015-05-29

Tobacco use is the leading cause of preventable disease and death in the United States. Increasing the unit price on tobacco products is the most effective tobacco prevention and control measure. Illicit tobacco trade (illicit trade) undermines high tobacco prices by providing tobacco users with cheaper-priced alternatives. In the United States, illicit trade primarily occurs when cigarettes are bought from states, jurisdictions, and federal reservation land with lower or no excise taxes, and sold in jurisdictions with higher taxes. Applying tax stamps to tobacco products, which provides documentation that taxes have been paid, is an important tool to combat illicit trade. Comprehensive tax stamping policy, which includes using digital, encrypted ("high-tech") stamps, applying stamps to all tobacco products, and working with tribes on stamping agreements, can further prevent and reduce illicit trade. This report describes state laws governing tax stamps on cigarettes, little cigars (cigarette-sized cigars), roll-your-own tobacco (RYOT), and tribal tobacco sales across the United States as of January 1, 2014, and assesses the extent of comprehensive tobacco tax stamping in the United States. Forty-four states (including the District of Columbia [DC]) applied traditional paper ("low-tech") tax stamps to cigarettes, whereas four authorized more effective high-tech stamps. Six states explicitly required stamps on other tobacco products (i.e., tobacco products other than cigarettes), and in approximately one third of states with tribal lands, tribes required tax stamping to address illicit purchases by nonmembers. No U.S. state had a comprehensive approach to tobacco tax stamping. Enhancing tobacco tax stamping across the country might further prevent and reduce illicit trade in the United States.

[Environmental protection techniques used in the federal state of Baden-Württemberg in Germany].

Science.gov (United States)

Vasilić, Zelimira

2006-09-01

Within the framework of the programme "Partnership for Sustainable Development" The Ministry of Environment of the German Federal State of Baden-Württemberg has come up with a project "Study Visit--Environmental Protection Techniques". It was intended as a three-week study visit for environmental protection experts from Central and Eastern European Countries (CEEC) to learn about the environmental protection techniques used in this federal state. Visits were paid to companies producing, applying or installing plants based on the state-of-the-art environmental protection techniques. The project started in 2005 and will last five years. The first visit to Baden-Württemberg was scheduled for 25 September-14 October 2005 for 12 experts from 12 countries: Bulgaria, Croatia, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Ukraine.

Natural gas: federal versus state competence; Competencia federal versus competencia estadual

Energy Technology Data Exchange (ETDEWEB)

Fonseca, Rodrigo Garcia da; Correia, Andre de Luizi [Wald Associados Advogados, Rio de Janeiro, RJ (Brazil)

2008-07-01

This article highlights the difficulties in regulating the natural gas sector in Brazil, which has hindered the development of the full potential of this industry. It analyzes the partition of competencies between the federative entities according to the Federal Constitution, the 'Law of oil' and the project of the 'Law of gas'.

22 CFR 518.41 - Recipient responsibilities.

Science.gov (United States)

2010-04-01

... statute are to be referred to such Federal, State or local authority as may have proper jurisdiction. ... Post-Award Requirements Procurement Standards § 518.41 Recipient responsibilities. The standards... contract(s). The recipient is the responsible authority, without recourse to the Federal awarding agency...

Cross-jurisdictional management of a trophy-hunted species.

Science.gov (United States)

Hochard, Jacob; Finnoff, David

2017-05-07

Gray wolves (Canis lupus) are managed for competing uses in the Greater Yellowstone Ecosystem (GYE). Tourism benefits Yellowstone National Park (YNP) visitors while trophy hunting benefits hunters outside of the park. We investigate the policy scope of gray wolf management across jurisdictional boundaries by incorporating three foundations of the behavioral ecology of wolves: refuge-seeking behavior, optimal foraging group size and territoriality. Tradeoffs between and within consumptive and non-consumptive human benefits and wolf population fitness and life history indicators are quantified as a set of elasticities, providing clear implications to resource managers. Our approach highlights that hunting intensity affects the provision of consumptive and non-consumptive human benefits across jurisdictional boundaries and ought to be managed accordingly. We also show that population levels are an incomplete indicator of species fitness, which may depend on how hunting policies impact underlying group ecology. Our findings suggest traditional optimization approaches to wildlife management may lead to suboptimal policy recommendations when the boundaries on the natural system are oversimplified. Highlighting the human element of wildlife management, we show that understanding tourist and hunter responses to wildlife population abundances is critical to balancing provision of consumptive and non-consumptive human uses. Copyright © 2017 Elsevier Ltd. All rights reserved.

20 CFR 410.701 - Jurisdiction for determining entitlement under part B.

Science.gov (United States)

2010-04-01

... MINE HEALTH AND SAFETY ACT OF 1969, TITLE IV-BLACK LUNG BENEFITS (1969- ) Rules for the Review of Denied and Pending Claims Under the Black Lung Benefits Reform Act (BLBRA) of 1977 § 410.701 Jurisdiction...

Federal response to the environmental assessment report of the NRCB-CEAA joint review panel on the Little Bow project/Highwood diversion plan

International Nuclear Information System (INIS)

1999-01-01

In June 1998, a joint review panel released a report on a dam and diversion project proposed by Alberta Public Works, Supply and Services. This document is the response to that report addressing its recommendations to the federal government and other recommendations or statements pertinent to federal areas of jurisdiction and interest. It begins with background on the proposed project, then presents the report's recommendations or statements along with the federal responses with regard to the following issue areas: Regulatory approval; navigable waters and the public right of navigation; fish and fish habitat; wetlands and wildlife; and Aboriginal concerns

Survey of Indian issues in the state of New Mexico relating to uranium mining and milling

International Nuclear Information System (INIS)

Vandevender, S.G.; Barsumian, L.; Gurbaxani, S.H.

1979-11-01

Estimates of Indian uranium resources range from 11 to 50% of the US total resources. About 17% of New Mexico's reserves are known to be on Indian lands. New Mexico has produced almost half of the nation's uranium supply; over half of the known reserves are located within the state. However, the state has virtually no jurisdiction over development of Indian uranium. As a result, economic and environmental impacts on the state are beyond its control. The lack of state and federal control over these impacts is influencing how the Indians allow development to proceed. The impacts of Indian uranium development also influence state control of non-Indian. To the extent that these controls affect the availability of uranium concentrate, DOE needs to understand the issues involved. This issue paper identifies some of the related problems for both the Indians and the state and explores the reasons behind them

Radiological transportation emergency response training course funding and timing in the southern states

International Nuclear Information System (INIS)

1991-10-01

The following is a review of the enabling statutes of 16 southern states regarding training for personnel preparing for or responding to a transportation-related emergency involving highway route-controlled quantities of spent fuel and high-level radioactive waste. This report outlines the funding sources and procedures for administering funds for programs attended by state and local officials. Additionally, the report outlines the views of emergency response officials in the southem states concerning the timing and administration of future federal assistance to be provided under section 180(c) of the Nuclear Waste Policy Amendments Act. Under section 180(c) of the Nuclear Waste Policy Amendments Act of 1987, the US Department of Energy (DOE) is required to provide technical assistance and funds to states for training public safety officials of appropriate units of local government and Indian tribes when spent nuclear fuel or high-level radioactive waste is transported through their jurisdictions. The Comprehensive Cooperative Agreement (CCA) is the primary funding mechanism for federal assistance to states for the development of their overall emergency management capabilities. FEMA supports 12 separate emergency management programs including the Emergency Management Training program (EMT). This program provides funds for emergency management training and technical assistance to states for unique state training needs. Funds may be used for instructors, students and other related costs

Transportation and access for sub-national island jurisdictions

OpenAIRE

Stuart, Kathleen

2008-01-01

The overall aim of this paper is to discern lessons from the category of sub-national island jurisdictions (SNIJs) which have in some way exploited and capitalized upon their airspace, territorial waters, seaports and harbours to solve their transportation problems as well as enhance their global economic competitiveness and development. The focus here is on sub-national island territories (larger than municipalities) which have and use, to varying degrees, their formal and ...

Rewriting abortion: deploying medical records in jurisdictional negotiation over a forbidden practice in Senegal

Science.gov (United States)

Suh, Siri

2014-01-01

Boundary work refers to the strategies deployed by professionals in the arenas of the public, the law and the workplace to define and defend jurisdictional authority. Little attention has been directed to the role of documents in negotiating professional claims. While boundary work over induced abortion has been extensively documented, few studies have examined jurisdictional disputes over the treatment of abortion complications, or post-abortion care (PAC). This study explores how medical providers deploy medical records in boundary work over the treatment of complications of spontaneous and induced abortion in Senegal, where induced abortion is prohibited under any circumstance. Findings are based on an institutional ethnography of Senegal’s national PAC program over a period of 13 months between 2010 and 2011. Data collection methods included in-depth interviews with 36 health care professionals, observation of PAC services at three hospitals, a review of abortion records at each hospital, and a case review of illegal abortions prosecuted by the state. Findings show that health providers produce a particular account of the type of abortion treated through a series of practices such as the patient interview and the clinical exam. Providers obscure induced abortion in medical documents in three ways: the use of terminology that does not differentiate between induced and spontaneous abortion in PAC registers, the omission of data on the type of abortion altogether in PAC registers, and reporting the total number but not the type of abortions treated in hospital data transmitted to state health authorities. The obscuration of suspected induced abortion in the record permits providers to circumvent police inquiry at the hospital. PAC has been implemented in nearly 50 countries worldwide. This study demonstrates the need for additional research on how medical professionals negotiate conflicting medical and legal obligations in the daily practice of treating abortion

41 CFR 102-80.85 - Are Federally owned and leased buildings exempt from State and local code requirements in fire...

Science.gov (United States)

2010-07-01

... leased buildings exempt from State and local code requirements in fire protection? 102-80.85 Section 102... Fire Prevention State and Local Codes § 102-80.85 Are Federally owned and leased buildings exempt from State and local code requirements in fire protection? Federally owned buildings are generally exempt...

Excise Tax Avoidance: The Case of State Cigarette Taxes

Science.gov (United States)

DeCicca, Philip; Kenkel, Donald; Liu, Feng

2013-01-01

We conduct an applied welfare economics analysis of cigarette tax avoidance. We develop an extension of the standard formula for the optimal Pigouvian corrective tax to incorporate the possibility that consumers avoid the tax by making purchases in nearby lower-tax jurisdictions. To provide a key parameter for our formula, we estimate a structural endogenous switching regression model of border-crossing and cigarette prices. In illustrative calculations, we find that for many states, after taking into account tax avoidance the optimal tax is at least 20 percent smaller than the standard Pigouvian tax that simply internalizes external costs. Our empirical estimate that tax avoidance strongly responds to the price differential is the main reason for this result. We also use our results to examine the benefits of replacing avoidable state excise taxes with a harder-to-avoid federal excise tax on cigarettes. PMID:24140760

Excise tax avoidance: the case of state cigarette taxes.

Science.gov (United States)

DeCicca, Philip; Kenkel, Donald; Liu, Feng

2013-12-01

We conduct an applied welfare economics analysis of cigarette tax avoidance. We develop an extension of the standard formula for the optimal Pigouvian corrective tax to incorporate the possibility that consumers avoid the tax by making purchases in nearby lower tax jurisdictions. To provide a key parameter for our formula, we estimate a structural endogenous switching regression model of border-crossing and cigarette prices. In illustrative calculations, we find that for many states, after taking into account tax avoidance the optimal tax is at least 20% smaller than the standard Pigouvian tax that simply internalizes external costs. Our empirical estimate that tax avoidance strongly responds to the price differential is the main reason for this result. We also use our results to examine the benefits of replacing avoidable state excise taxes with a harder-to-avoid federal excise tax on cigarettes. Copyright © 2013 Elsevier B.V. All rights reserved.

34 CFR 364.29 - What are the requirements for coordinating Federal and State sources of funding?

Science.gov (United States)

2010-07-01

... State sources of funding? 364.29 Section 364.29 Education Regulations of the Offices of the Department... and State sources of funding? (a) The State plan must describe efforts to coordinate Federal and State funding for centers and IL services. (b) The State plan must identify the amounts, sources, and purposes...

77 FR 16899 - Jurisdictional Separations and Referral to the Federal-State Joint Board

Science.gov (United States)

2012-03-22

... following words in the body of the message, ``get form.'' A sample form and directions will be sent in... instructions, filers should send an email to [email protected] , and include the following words in the body of the... universal service and intercarrier compensation, we ask that commenters, in their comments on the present...

76 FR 13576 - Jurisdictional Separations and Referral to the Federal-State Joint Board

Science.gov (United States)

2011-03-14

... market structure of the telecommunications industry. Legal Basis The legal basis for the NPRM is... interstate and intrastate telecommunications service must be provided through a regulated monopoly. Thus, the... freeze, and because the industry has experienced myriad changes during that time, we ask that commenters...

75 FR 17109 - Jurisdictional Separations and Referral to the Federal-State Joint Board

Science.gov (United States)

2010-04-05

... telecommunications service must be provided through a regulated monopoly. Thus, the Commission initiated a proceeding... industry has experienced myriad changes during that time, we ask that commenters, in their comments on the... separations process in light of changes in the law, technology, and market structure of the telecommunications...

31 CFR 1.11 - Testimony or the production of records in a court or other proceeding.

Science.gov (United States)

2010-07-01

..., telegrams, memoranda, reports, studies, calendar and diary entries, maps, graphs, pamphlets, notes, charts... appointed by, or are subject to the supervision, jurisdiction or control of the Secretary, as well as the... Federal Rules of Civil Procedure, Federal Rules of Criminal Procedure, or applicable state procedures and...

78 FR 959 - Agency Information Collection Activities: Existing Collection; Comments Requested: Extension of a...

Science.gov (United States)

2013-01-07

... special needs such as mental health holds or alcohol detoxifications, transferring inmates to court... Federal authorities, State prison authorities and other local jail jurisdictions. (b) At midyear, the...

76 FR 1664 - Notice of Final Federal Agency Actions on State Highway 99 (Segment G)

Science.gov (United States)

2011-01-11

... on State Highway 99 (Segment G) AGENCY: Federal Highway Administration (FHWA), DOT. ACTION: Notice of.... 139(l)(1). The actions relate to a proposed highway project, Grand Parkway (State Highway 99) Segment... (State Highway 99) Segment G from I- 45 to US 59 in Harris and Montgomery Counties; FHWA Project...

38 CFR 20.101 - Rule 101. Jurisdiction of the Board.

Science.gov (United States)

2010-07-01

... 15). (5) All-Volunteer Force Educational Assistance Program (38 U.S.C. chapter 30). (6) Training and... of Veterans Affairs under a law that affects the provision of benefits by the Secretary to veterans... jurisdiction include, but are not limited to, the following: (1) Entitlement to, and benefits resulting from...

7 CFR 215.14a - Procurement standards.

Science.gov (United States)

2010-01-01

... to the local, State or Federal authority that has proper jurisdiction. (c) Procedures. The State... food authority or child care institution may use its own procurement procedures which reflect applicable State or local laws and regulations, provided that procurements made with nonprofit school food...

40 CFR 35.6550 - Procurement system standards.

Science.gov (United States)

2010-07-01

... referred to the local, State, Tribal, or Federal authority having proper jurisdiction. (5) Selection... 40 Protection of Environment 1 2010-07-01 2010-07-01 false Procurement system standards. 35.6550... ASSISTANCE STATE AND LOCAL ASSISTANCE Cooperative Agreements and Superfund State Contracts for Superfund...

New York's new Superfund regulations: Implications for federal and other state programs

International Nuclear Information System (INIS)

Pavetto, C.S.; Rubinton, D.S.

1994-01-01

The need for cleaning up hazardous waste disposal sites was identified early in New York. In fact, New York's ''Superfund'' statute preceded the federal Superfund law thereby providing a model for CERCLA. Moreover, there are currently almost as many sites on New York's Registry of Inactive Hazardous Waste Disposal sites as there are sites on the National Priorities List. While New York's law served as a model for the federal CERCLA, CERCLA, in turn, has served as a model for other states' statutes. Similarly, lessons learned from the implementation of state Superfund statutes such as New York's can be instructive for those whose work involves dealing with CERCLA-type issues. This is because the problems associated with site restoration and cleanup, such as exceedingly complex site review and evaluation processes, high transaction costs, and difficulties in prioritizing sites for clean-up based upon the threat or risk of environmental harm, are universal

Trends in State and Federal land use law relating to inventories, monitoring and evaluation

Science.gov (United States)

Lamb, C. M.

1974-01-01

A description and analysis of selected State and Federal laws relating to land use inventories, monitoring, and evaluation is presented. Legal requirements and information systems for land use in the following states are reviewed: Colorado, Delaware, Florida, Hawaii, Indiana, Kansas, Maine, Mississippi, Missouri, Oklahoma, Pennsylvania, Tennessee, Utah, Vermont, and West Virginia.

The Impact of Federal Preemption of State Antipredatory Lending Laws on the Foreclosure Crisis

Science.gov (United States)

Ding, Lei; Quercia, Roberto G.; Reid, Carolina K.; White, Alan M.

2012-01-01

State antipredatory lending laws (APLs) are designed to protect borrowers against predatory lending that can increase the risk of default and deplete the home equity held by borrowers. Federal regulators instituted preemption that limited the scope and reach of state antipredatory lending regulations for certain lenders. Based on the variation in…

7 CFR 246.24 - Procurement and property management.

Science.gov (United States)

2010-01-01

... concerning violation of law are to be referred to such local, State or Federal authority as may have proper jurisdiction. (c) State regulations. The State or local agency may use its own procurement regulations which reflect applicable State and local regulations, provided that procurements made with Program funds adhere...

Climate change in the federated states of Micronesia: Food and water security, climate risk management, and adaptive strategies

Science.gov (United States)

Fletcher, Charles H.; Richmond, Bruce M.

2010-01-01

This is a report of findings following research and a three-week field assessment (April 2009) of the Federated States of Micronesia (FSM) in response to nation-wide marine inundation by extreme tides (December 2007, September 2008, December 2008).3 The study was conducted at the request of the US Department of Agriculture Forest Service and the state and federal governments of FSM.

Health care reform and federalism.

Science.gov (United States)

Greer, Scott L; Jacobson, Peter D

2010-04-01

Health policy debates are replete with discussions of federalism, most often when advocates of reform put their hopes in states. But health policy literature is remarkably silent on the question of allocation of authority, rarely asking which levels of government ought to lead. We draw on the larger literatures about federalism, found mostly in political science and law, to develop a set of criteria for allocating health policy authority between states and the federal government. They are social justice, procedural democracy, compatibility with value pluralism, institutional capability, and economic sustainability. Of them, only procedural democracy and compatibility with value pluralism point to state leadership. In examining these criteria, we conclude that American policy debates often get federalism backward, putting the burden of health care coverage policy on states that cannot enact or sustain it, while increasing the federal role in issues where the arguments for state leadership are compelling. We suggest that the federal government should lead present and future financing of health care coverage, since it would require major changes in American intergovernmental relations to make innovative state health care financing sustainable outside a strong federal framework.

49 CFR 268.7 - Federal/State share and restrictions on the uses of Federal Maglev Funds.

Science.gov (United States)

2010-10-01

... of Federal Maglev Funds. 268.7 Section 268.7 Transportation Other Regulations Relating to... Federal Maglev Funds. (a) Federal share. The Federal share of Full Projects Costs shall be not more than 2...) Restrictions on the uses of Federal Maglev Funds. (1) Federal Maglev Funds may be applied only to Eligible...

Cross-Jurisdictional Resource Sharing in Changing Public Health Landscape: Contributory Factors and Theoretical Explanations.

Science.gov (United States)

Shah, Gulzar H; Badana, Adrian N S; Robb, Claire; Livingood, William C

2016-01-01

Local health departments (LHDs) are striving to meet public health needs within their jurisdictions, amidst fiscal restraints and complex dynamic environment. Resource sharing across jurisdictions is a critical opportunity for LHDs to continue to enhance effectiveness and increase efficiency. This research examines the extent of cross-jurisdictional resource sharing among LHDs, the programmatic areas and organizational functions for which LHDs share resources, and LHD characteristics associated with resource sharing. Data from the National Association of County & City Health Officials' 2013 National Profile of LHDs were used. Descriptive statistics and multinomial logistic regression were performed for the 5 implementation-oriented outcome variables of interest, with 3 levels of implementation. More than 54% of LHDs shared resources such as funding, staff, or equipment with 1 or more other LHDs on a continuous, recurring basis. Results from the multinomial regression analysis indicate that economies of scale (population size and metropolitan status) had significant positive influences (at P ≤ .05) on resource sharing. Engagement in accreditation, community health assessment, community health improvement planning, quality improvement, and use of the Community Guide were associated with lower levels of engagement in resource sharing. Doctoral degree of the top executive and having 1 or more local boards of health carried a positive influence on resource sharing. Cross-jurisdictional resource sharing is a viable and commonly used process to overcome the challenges of new and emerging public health problems within the constraints of restricted budgets. LHDs, particularly smaller LHDs with limited resources, should consider increased resource sharing to address emerging challenges.

Place and Role of Customs Bodies of the Russian Federation in Ensuring Economic Security of the State

Directory of Open Access Journals (Sweden)

Alexey A. Buzlov

2017-03-01

Full Text Available In this article author considers basics of economic security of the state, analyzes the role of the customs bodies of the Russian Federation. Author analyzes some international and national acts, opinions of scientists and practitioners. Attention is drawn to restrictions of political and economic nature imposed on the Russian Federation, officials, state and commercial organizations. In the conclusion author draws attention to some of the problems that exist in law enforcement practice.

Right to health in Russian Federation: identification of its current stage of constitutional and legal recognition

Directory of Open Access Journals (Sweden)

TARASENKO, Elena

2013-11-01

Full Text Available Russian Federation has made a strong legal commitment to the human right to health through the ratification of several key international human rights laws. Current public health care policies also demonstrate that Russian Federation has committed itself to provide the human right to health protection of people residing with its jurisdiction. All residents of Russia are eligible for medical care free of charge. Medical services are provided directly to patients by government health care providers. This includes general and specialist medical care, hospitalization, diagnostic laboratory services, dental care, maternity care and transportation, free drugs for disabled, medical rehabilitation, etc. The legal basis for the human right to health at the federal level is provided by a variety of legislative acts (codes, federal laws, presidential decrees, decisions and proposals of the government of the Russian Federation, and orders of the government and of the Ministry of Health and other ministries. The legal bas is at the regional level is provided by legislative instruments enacted by the governments of the Subjects of Russian Federation.

Federal and state regulatory schemes affecting liability for high-level waste transportation incidents: opportunities for clarification and amendment

International Nuclear Information System (INIS)

Friel, L.E.; Livingston-Behan, E.A.

1985-01-01

The Price-Anderson Act of 1957 provides extensive public liability coverage in the event of a serious accident involving the transportation of nuclear materials to or from certain federally-licensed, or federal contractor-operated facilities. While actual liability for a nuclear incident and the extent of damages are usually determined by state law, the Act establishes a comprehensive system for the payment of such damages. Despite the federally-mandated scheme for liability coverage several aspects of the Act's application to transportation to a permanent repository have not yet been settled and are open to various interpretations. Some areas of uncertainty apply not only to future waste transport to a repository, but also to current transportation activities, and include: coverage for emergency response and clean-up costs; coverage for precautionary evacuations; and the federal government's financial liability. The need to address liability issues is also increasingly recognized at the state level. The state laws which are used to determine liability and the extent of damages in the event of a transportation accident vary widely among states and significantly affect the compensation that an injured person will receive under the provisions of the Price-Anderson Act. Areas of state law deserving special attention include: standards for determining liability; statutes of limitations; standards for proof of causation; state sovereign immunity statutes; and recovery of unique emergency response costs

Getting through the maze of federal and state radiation regulations

International Nuclear Information System (INIS)

Marshall, C.H.

1987-01-01

This course is designed to help radiologists, physicists, technologists, and administrators understand the complex system of federal and state radiation safety regulations that have an impact on the practice of radiology, nuclear medicine, and radiation therapy, and biomedical research. Emphasis is placed on the practical impact of these regulations and on strategies to meet individual and institutional responsibilities. Topics to be covered include the relative roles of the NRC, FDS, DOT, EPA, OSHA, and state and local agencies; the obligations of manufactures, institutions, and individuals; and licensing, documentation, and reporting requirements JCAH standards will also be mentioned. The role and responsibilities of the Radiation Safety Officer and of institutional radiation safety, radioactive drug, and human research committees are discussed

The role of the states in a federal climate program : issues and options

Science.gov (United States)

2009-11-01

This paper provides an overview of some of the key isuses regarding statefederal roles in a federal climate program and identifies four possible mechanisms that have been suggested for allowing states to set more stringent reduction targets. *Cont...

''How clean is clean'' in the United States federal and Washington State cleanup regulations

International Nuclear Information System (INIS)

Landau, H.G.

1993-01-01

The enactment of legislation and promulgation of implementing regulations generally involves the resolution of conflicting goals. Defining ''How Clean is Clean?'' in federal and state cleanup laws, regulations, and policies is no exception. Answering the ''How Clean is Clean?'' question has resulted in the identification of some important and sometimes conflicting goals. Continuing resolution of the following conflicting goals is the key to effect cleanup of hazardous waste sites: Expediency vs. Fairness; Flexibility vs. Consistency; Risk Reduction vs. Risk Causation; and Permanence vs. Cost Effectiveness

Analysis of federal and state policies and environmental issues for bioethanol production facilities.

Science.gov (United States)

McGee, Chandra; Chan Hilton, Amy B

2011-03-01

The purpose of this work was to investigate incentives and barriers to fuel ethanol production from biomass in the U.S. during the past decade (2000-2010). In particular, we examine the results of policies and economic conditions during this period by way of cellulosic ethanol activity in four selected states with the potential to produce different types of feedstocks (i.e., sugar, starch, and cellulosic crops) for ethanol production (Florida, California, Hawaii, and Iowa). Two of the four states, Iowa and California, currently have commercial ethanol production facilities in operation using corn feedstocks. While several companies have proposed commercial scale facilities in Florida and Hawaii, none are operating to date. Federal and state policies and incentives, potential for feedstock production and conversion to ethanol and associated potential environmental impacts, and environmental regulatory conditions among the states were investigated. Additionally, an analysis of proposed and operational ethanol production facilities provided evidence that a combination of these policies and incentives along with the ability to address environmental issues and regulatory environment and positive economic conditions all impact ethanol production. The 2000-2010 decade saw the rise of the promise of cellulosic ethanol. Federal and state policies were enacted to increase ethanol production. Since the initial push for development, expansion of cellulosic ethanol production has not happened as quickly as predicted. Government and private funding supported the development of ethanol production facilities, which peaked and then declined by the end of the decade. Although there are technical issues that remain to be solved to more efficiently convert cellulosic material to ethanol while reducing environmental impacts, the largest barriers to increasing ethanol production appear to be related to government policies, economics, and logistical issues. The numerous federal and state

Investigating an outbreak of acute fever in Chuuk, Federated States of Micronesia

Directory of Open Access Journals (Sweden)

Damian Hoy

2014-11-01

Full Text Available Objective: In September 2012, there was an unexpected increase of acute febrile illness (AFI in Chuuk State of the Federated States of Micronesia. At the same time, dengue outbreaks were occurring in two of the Federated States of Micronesia’s other three states. The cause of AFI was suspected to be dengue; however, by the end of October, only one of 39 samples was positive for dengue. The objective of the investigation was to establish the cause of the outbreak. Methods: A line list was created and data analysed by time, place, person and clinical features. Reported symptoms were compared with the published symptoms of several diagnoses and laboratory testing undertaken. Results: Of the 168 suspected cases, 62% were less than 20 years of age and 60% were male. The clinical features of the cases were not typical for dengue but suggestive of respiratory illness. Nasopharyngeal swabs were subsequently collected and found to be positive for influenza. Public health measures were undertaken and the AFI returned to expected levels. Discussion: Clinical diagnosis of acute febrile illness (AFI can often be difficult and misleading. This can mean that opportunities for preventive measures early on in an outbreak are missed. In any outbreak, descriptive epidemiological analyses are valuable in helping to ascertain the cause of the outbreak.

The local power supply in the German Federal Republic

International Nuclear Information System (INIS)

Tettinger, P.J.

1992-01-01

The article first examines the contours of the foundations of the communes' competence to act autonomously, which have been laid by constitutional jurisdiction and jurisprudence. Next, the limits that constitutional law sets to the communes' competence in the field of energy politics are scrutinized. These limits firstly result from the confinement of the communal administrative unions' competence to a local sphere, and secondly from the additional constraints of Federal law, particularly the Law Concerning the Power Economy, and of the law of the Laender, here primarily communal commercial law. It is concluded that the limits to the communal administrative unions' competence must be strictly observed and the constraints imposed by power law and communal commercial law respected. Under the present constitutional law the guarantee of communal autonomy at least provides no legal means of defying decisions and directives under the laws of the Federation or the Laender that apply supraregionally. (orig./HSCH) [de

Negotiating Formal Membership in Mexico and the United States: The case of Federations of Mexican Hometown Associations in Los Angeles County

OpenAIRE

Noriega Gonzalez, Veronica

2015-01-01

This study focuses on how Mexican Federations of HTAs have negotiated their formal membership in Mexico and the United States. In Mexico, migrants’ market citizenship opened the channels of communication between Federations of HTAs, and the Mexican government. Once those channels were established; HTA Federation leaders were able to negotiate their passage from market to formal membership. In the case of the United States, HTA Federations have advocated for a formal inclusion in the United St...

Crude federalism: oil politics and the evolution of intergovernmental relations in post-Soviet Russia

Energy Technology Data Exchange (ETDEWEB)

Wilson, G.N.

2000-07-01

The interactions and relationships between the institutions of the Russian federal system, the policy making process and the dilemmas of legislative reform as it applies to the oil sector are examined in this document. A critical element in the reform agenda, the problematic evolution of the 1995 federal Law on Production Sharing Agreements is discussed in the first part of the document. The legislative responses to the production sharing issue and the larger questions of reform in the resource sector are presented in the second part, as it relates to two resource producing regions, Tatarstan and Khanty Mansiisk. A lot of problems and delays were encountered in the passage of production sharing legislation despite the obvious advantages and benefits to be derived from such an arrangement for post-Soviet Russia. The author brings forward the argument that the problems were caused by a number of institutionally-based cleavages and other dysfunctional components contained in the Russian federal system. The dispute resolution mechanism, plagued by jurisdictional overlap and the lack of a mutually acceptable and structured system, impeded the cooperation that existed in the resource sector between governments and regions. The disruption of the policy making process and the complications in the process of political and economic reform in some of the most important regions from a production perspective resulted from asymmetries between the constituent members of the federation, in combination with the absence of an institutional framework for the management of inter-regional relations. The third element consisted in the dominant position of the executive branch at the federal and regional levels hindered the legislative process through the aggravation of the long-standing interbranch conflict. The structures and processes that characterize the Russian federal model in the post-Soviet era were explained using the vast theoretical and empirical resources available to

Federal, state, and local regulation of radioactive-waste transportation: Progress toward a definition of regulatory authority

International Nuclear Information System (INIS)

Livingston-Behan, E.A.

1986-01-01

The supremacy clause, the commerce clause, and the equal-protection guarantees of the U.S. Constitution establish the basic framework for defining the authority of Federal, State, and local governments to regulate the transportation of radioactive waste. Court decisions and advisory rulings of the U.S. Department of Transportation (DOT) suggest that State and local regulation of the transportation of spent nuclear fuel and high-level radioactive waste is precluded under supremacy-clause principles to the extent that such regulation addresses nuclear safety or aspects of transportation that are already specifically regulated by the Federal government. Even where State and local requirements are found to be valid under the supremacy clause, they must still satisfy constitutional requirements under the commerce and equal-protection clauses. Despite stringent standards of review, State and local transportation requirements have been upheld where directly related to the traditional exercise of police powers in the area of transportation. Legitimate State and local police-power activities identified to date by the DOT and the courts include inspection and enforcement, immediate accident reporting, local regulation of traffic, and certain time-of-day curfews. The extent to which State and local permitting requirements and license fees may be determined valid by the DOT and the courts remains unclear. Continued clarification by the DOT and the courts as to the validity of permits and fees will serve to further define the appropriate balance for Federal, State, and local regulation of radioactive-waste transportation

26 CFR 44.4422-1 - Doing business in violation of Federal or State law.

Science.gov (United States)

2010-04-01

... in nowise authorizes the carrying on of any business in violation of a law of the United States or... 26 Internal Revenue 16 2010-04-01 2010-04-01 true Doing business in violation of Federal or State law. 44.4422-1 Section 44.4422-1 Internal Revenue INTERNAL REVENUE SERVICE, DEPARTMENT OF THE TREASURY...

Governmental public health in the United States: the implications of federalism.

Science.gov (United States)

Turnock, Bernard J; Atchison, Christopher

2002-01-01

Governmental public health activities in the United States have evolved over time as a result of two forces: the nature and perceived importance of threats to the population's health and safety, and changing relationships among the various levels of government. Shifts toward a more state-centered form of federalism in the second half of the twentieth century weakened key aspects of the governmental public health enterprise, including its leadership and coordination, by the century's end. These developments challenge governmental public health responses to the new threats and increased societal expectations of the early twenty-first century.

31 CFR 597.318 - United States.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 597.318 Section 597... General Definitions § 597.318 United States. The term United States means the United States, its territories, states, commonwealths, districts, and possessions, and all areas under the jurisdiction or...

The Nuclear Disarmament Cases: Is Formalistic Rigour in Establishing Jurisdiction Impeding Access to Justice?

Directory of Open Access Journals (Sweden)

Meenakshi Ramkumar

2017-08-01

Full Text Available Nuclear disarmament falls within the purview of the purposes envisaged in Article 1 of the United Nations Charter. The International Court of Justice (ICJ in 1996 delivered an advisory opinion on legality of use of nuclear weapons and has stated that the states in good faith must strive towards nuclear disarmament. In the 'Marshall Islands Cases', 20 years later the ICJ had the opportunity to address questions relating to cessation of the nuclear arms race and nuclear disarmament. However, the ICJ has failed to foster nuclear disarmament within the international community. The ICJ dismissed Marshall Islands’ application on jurisdictional grounds because there was no legal dispute between the parties. The ICJ in determining the existence of a dispute introduced a subjective 'awareness' test. In this case note, we aim to examine the awareness test and its politico-legal effects in the development of international law. While doing so, we also argue that the test has further rendered the enforcement of nuclear disarmament obligations arduous.

Acid rain compliance: Coordination of state and federal regulation

International Nuclear Information System (INIS)

Nordhaus, R.R.

1992-01-01

The Clean Air Act (CAA) Amendments of 1990 impose new controls on emissions by electric utilities of the two major precursors of acid rain: sulfur dioxide (SO2) and oxides of nitrogen (NOx). Utilities, and the utility holding company systems and power pools of which they are members, will be subject to extensive and costly compliance obligations under the new statute. Most of these utilities, utility systems, and power pools are regulated by more than one utility regulatory authority. Some utilities are regulated by several states, some by a single state and by the Federal Energy Regulatory Commission (FERC), and some by multiple states, by the FERC, and by the Securities and Exchange Commission (SEC). Utility regulators will need to coordinate their policies for ratemaking and for reviewing acid rain compliance strategies if least cost solutions are to be implemented without imposing on ratepayers and utility shareholders the costs and risks of inconsistent regulatory determinations. This article outlines the scope of the coordination problem and addresses possible approaches that utility regulators may take to deal with this problem

Cyber Federalism: Defining Cybers Jurisdictional Boundaries

Science.gov (United States)

2017-12-01

over one-billion dollars in artificial intelligence research, while technology companies like Google are also investing heavily in autonomous...impact on the automotive industry with electric cars, or create new industries, such as the virtual reality or artificial intelligence industries...AVAILABILITY STATEMENT Approved for public release. Distribution is unlimited. 12b. DISTRIBUTION CODE 13. ABSTRACT (maximum 200 words) Cybersecurity

Teaching about Federalism in the United States. ERIC Digest.

Science.gov (United States)

Drake, Frederick D.; Nelson, Lynn R.

Although it was not directly named in the U.S. Constitution, federalism is a central principle of U.S. government. It is important for students to learn about federalism to comprehend the U.S. federal system and recognize examples of federalism in other countries. Teaching and learning about federalism is essential to education for citizenship in…

JURISDICTION, COMPETENT JUDICIAL AUTHORITIES AND PROCEEDINGS UNDER REGULATION (EU NO 650/2012 ON SUCCESSION

Directory of Open Access Journals (Sweden)

Paula Poretti

2016-01-01

Full Text Available Novelties in the field of matters of succession brought by implementation of Regulation (EU No 650/2012 of the European Parliament and of the Council of 4 July 2012 on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession are disscused in the paper. Especial emphasis is on jurisdiction, competent judicial authority and proceedings under Regulation on succession. In this sense, in the first part of the paper detailed analysis of provisions of Commission Implementing Regulation (EU No 1329/2014 of 9 December 2014 establishing the Forms referred to in Regulation (EU No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession and provisions of Croatian Law on implementation of Regulation (EU No 650/2012 of the European Parliament and of the Council on jurisdiction, applicable law, recognition and enforcement of decisions and acceptance and enforcement of authentic instruments in matters of succession and on the creation of a European Certificate of Succession is provided. In the second part of the paper case C404/14 Matoušková v. Republic of Czech is presented and difficulties in determining whether the case at issue falls within the scope of Regulation (EC No 2201/2003 or Regulation No 650/2012 on succession which could occur in matters of succession with cross-border implications are reffered to.

Nuclear waste management: a challenge to Federalism

International Nuclear Information System (INIS)

Lucas, P.

1979-01-01

The controversy over state/Federal authority over waste disposal has already had a significant effect regardless of the choice Congress ultimately makes between an informal deference to state will and a statutory authorization of state control over Federal repositories. The highly emotional issue of local disposal of nuclear waste and the assertions of state control over waste disposal have made the nation and the Federal bureaucracy more aware of the status of the waste management program. State resistance to Federal siting efforts and the passage of state waste disposal legislation has compelled the Federal government to provide the states with a larger role in waste management. State power to exclude Federal repositories would give states additional political leverage. Ideally, public attention and effective state veto power will contribute to a more successful program, without impeding progress toward the immediate goal of siting and developing permanent repositories

31 CFR 586.318 - United States.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 586.318 Section 586...) KOSOVO SANCTIONS REGULATIONS General Definitions § 586.318 United States. The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority...

31 CFR 587.310 - United States.

Science.gov (United States)

2010-07-01

... 31 Money and Finance: Treasury 3 2010-07-01 2010-07-01 false United States. 587.310 Section 587...) MILOSEVIC SANCTIONS REGULATIONS General Definitions § 587.310 United States. The term United States means the United States, its territories and possessions, and all areas under the jurisdiction or authority...

7 CFR 249.21 - Procurement and property management.

Science.gov (United States)

2010-01-01

... to such local, State or Federal authority as may have proper jurisdiction. (c) State regulations. The... applicable State and local regulations; and (2) Any procurements made with SFMNP funds adhere to the... 7 Agriculture 4 2010-01-01 2010-01-01 false Procurement and property management. 249.21 Section...

77 FR 71448 - States' Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas...

Science.gov (United States)

2012-11-30

...' Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas Marginal Properties... types of accounting and auditing relief for Federal onshore or Outer Continental Shelf lease production... auditing requirements. States make an annual determination of whether or not to allow relief. Two options...

76 FR 76757 - States' Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas...

Science.gov (United States)

2011-12-08

... DEPARTMENT OF THE INTERIOR Office of Natural Resources Revenue [Docket No. ONRR-2011-0002] States' Decisions on Participating in Accounting and Auditing Relief for Federal Oil and Gas Marginal Properties... published September 13, 2004 (69 FR 55076), provide two types of accounting and auditing relief for Federal...

Has the Federal Government the power to instruct State authorities in procedures under the Atomic Energy Act

International Nuclear Information System (INIS)

Ost, W.; Pelzer, N.

1979-01-01

The differences in opinion which have emerged between the Federal Government and ministers of the State of North Rhine-Westphalia about further permits to be issued for construction of the SNR 300 fast breeder reactor at Kalkar have raised the question of whether the Federal Government has the right to issue directives to a state authority to grant a permit. Close examination of the legal aspects indicates that hardly any literature and no court decisions are as yet available on this problem, because it has never played a role so far. However, it is undisputed that there is such a right to give instructions. Under the Constitution and the Atomic Energy Act the state authorities are responsible for granting permits, but only as agents acting on behalf of the federal authority. Such instructions must be in accordance with the Atomic Energy Act and the objective sought must be lawful for the instructions to be effective. (orig.) [de

Views of the path ahead: Advice to Federal and State regulators at a fork in the road

International Nuclear Information System (INIS)

Garrett, D.; Jordan, J.; Hempling, S.; Gross, G.; Hull, J.

1991-01-01

This article is a collection of five comments from electric industry managers to federal and state regulators concerning the role of energy transmission and access in facilitating competitive markets. These comments identify principles the authors feel should guide regulators and policy makers in addressing transmission issues yet to be resolved. The topics include overlapping state and federal interests, solutions for problems, the public interest in transmission, state action, congress and open access, principles for a voluntary alternative, benefits to industry, regulators, and consumers, the perceived native load/fair competition conflict, access and pricing for existing facilities and future facilities, the need for regional planning, and fair transmission pricing

Techniques for analyzing the impacts of certain electric-utility ratemaking and regulatory-policy concepts. Regulatory laws and policies. [State by state

Energy Technology Data Exchange (ETDEWEB)

None

1980-08-01

This report is a legal study prepared to provide a review of the substantive and procedural laws of each regulatory jurisdiction that may affect implementation of the PURPA standards, and to summarize the current state of consideration and implementation of policies and rate designs similar or identical to the PURPA standards by state regulatory agencies and nonregulated utilities. This report is divided into three sections. The first section, the Introduction, summarizes the standards promulgated by PURPA and the results of the legal study. The second section, State Regulatory Law and Procedure, summarizes for each state or other ratemaking jurisdiction: (1) general constitutional and statutory provisions affecting utility rates and conditions of service; (2) specific laws or decisions affecting policy or rate design issues covered by PURPA standards; and (3) statutes and decisions governing administrative procedures, including judicial review. A chart showing actions taken on the policy and rate design issues addressed by PURPA is also included for each jurisdiction, and citations to relevant authorities are presented for each standard. State statutes or decisions that specifically define a state standard similar or identical to a PURPA standard, or that refer to one of the three PURPA objectives, are noted. The third section, Nonregulated Electric Utilities, summarizes information available on nonregulated utilities, i.e., publicly or cooperatively owned utilities which are specifically exempted from state regulation by state law.

77 FR 43151 - Permissible Investments for Federal and State Savings Associations: Corporate Debt Securities

Science.gov (United States)

2012-07-24

...), (E), or (F) of the Home Owners Loan Act (``HOLA''). The FDIC currently may require a state savings... authorized for a Federal savings association under any statute including the Home Owners' Loan Act (HOLA) (12...

To The Question About the Concept of a Notary in the Russian Federation

Directory of Open Access Journals (Sweden)

Sergey N. Shevchenko

2016-11-01

Full Text Available In this article the Author analyzes various approaches to the definition of the notaries in the legal science of the Russian Federation: definition of the notary as organ systems and how collectively notarial acts. Proves the fallacy of the position of the individual authors of administratively identifying the notaries to the system of law enforcement and supports the view of experts of civil law on the attribution of notaries to authorities undisputed civil jurisdiction. Based on the above, the Author proposes the definition of a notary.

The Legal Solutions in the Field of Financial and Budgetary Discipline in France in the Light of the Code of Finance Jurisdiction

Directory of Open Access Journals (Sweden)

Małgorzata Cilak

2014-03-01

Full Text Available The purpose of this article is to present French institutional and law solutions in the field of public finance discipline. The article describes legal position and functioning of Court of Budgetary and Finance Discipline in France. The jurisdiction of Court covers the cases of serious breach of public finance law. The Court is one of the elements of the system of jurisdiction in financial matters, that constitute a specialized type of administrative jurisdiction. The law that regulate the legal position and functioning of the Court, as well as the actes which are breaches of public finance discipline, and the sanctions for them, is the Code of finance jurisdiction (Code des juridictions financières.

A brief history of federal support for health physics education and training in the United States

International Nuclear Information System (INIS)

Ziemer, P.L.

1996-01-01

Since the formation of health physics as a profession following the end of World War II, the federal government of the United States has played an active role in the support of education and training of health physicists. The purpose of this paper is to review the types of federal support that have been available from the federal government in the past and to examine the current status of support. Individuals trained in health physics through the nuclear navy programs have not been included in this discussion. (author)

76 FR 76299 - Higher Volume Port Area-State of Washington

Science.gov (United States)

2011-12-07

... add Pacific Ocean waters, under U.S. jurisdiction and within a 50-mile arc measured from Cape Flattery..., DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. You may also... would be achieved by moving the seaward boundary of the HVPA, currently a 50-mile arc centered on the...

Ronald Reagan's "New Federalism."

Science.gov (United States)

Parker, Joseph B.

1982-01-01

Describes how changes in federal fiscal policies affect the federal government's relationship to state and local government. Franklin D. Roosevelt's and Ronald Reagan's formulas for "New Federalism" are compared. (AM)

No longer in suspense: Clarifying the human rights jurisdiction of the ...

African Journals Online (AJOL)

Unfortunately, the same judgment resulted in the suspension of the SADC Tribunal in 2010 because it had purportedly acted beyond its mandate when it adjudicated over a case concerning a human rights dispute. This article investigates whether the SADC Tribunal had jurisdiction to deal with cases involving allegations of ...

Implementation Issues in Federal Reform Efforts in Education: The United States and Australia.

Science.gov (United States)

Porter, Paige

Multiple data sources are used in this study of educational change in the United States and Australia. The author considers political issues that may affect the implementation of educational reform efforts at the federal level, such as homogeneity versus heterogeneity, centralization versus decentralization, constitutional responsibility for…

Federal regulation of the pipeline industry: a summary review. [Effects on use of energy-conservation technology

Energy Technology Data Exchange (ETDEWEB)

Banks, W. F.

1977-05-31

The principal purposes of this report are: (1) identification of the jurisdiction areas of the Federal pipeline-regulating agencies, and (2) examination of the amenability of the regulatory system to the introduction of energy-conservative new technology into the pipeline industry. The history, scope, and agency structure of state and Federal regulation are recounted and some gaps, overlaps, and ambiguities are identified. The only significant inhibitory effects upon technological innovation are found to derive from the FPC and ICC limits upon profit, the 1941 Justice Department consent decree limiting dividends to shipper-owned pipelines, and the income tax rules governing recovery of investment credits and startup losses. Effects of these limits are explored by simulation studies using the Systems, Science and Software pipeline economic model (PEM). Two new concepts of regulation are proposed which would neutralize the inhibitory effect of the present regulatory system and would motivate pipeline operators to conserve energy: (1) use of a ''national equivalent value'' in the economic tradeoff analyses which justify entry of a technological innovation into the rate base (valuation), and (2) a ''valuation allowance'' which would reverse the presently often-existing situation and insure that the pipeline operator would realize a greater profit from saving energy than from wasting it.

The diffusion of Local Agenda 21 in Germany: Comparing the German federal states

NARCIS (Netherlands)

Kern, K.; Koll, C.; Schophaus, M.

2007-01-01

The diffusion of Local Agenda 21 (LA21) appears to have run its course, even in Germany. Starting from Germany's changing international position from laggard to latecomer, this article focuses on a comparison of the German federal states (Lnder) because the percentage of local authorities with LA21

Incidence of cancer in children residing in ten jurisdictions of the Mexican Republic: importance of the Cancer registry (a population-based study)

International Nuclear Information System (INIS)

Fajardo-Gutiérrez, Arturo; Juárez-Ocaña, Servando; González-Miranda, Guadalupe; Palma-Padilla, Virginia; Carreón-Cruz, Rogelio; Ortega-Alvárez, Manuel Carlos; Mejía-Arangure, Juan Manuel

2007-01-01

In 1996, Mexico started to register cases of childhood cancer. Here, we describe the incidence of cancer in children, residing in ten Mexican jurisdictions, who were treated by the Instituto Mexicano del Seguro Social (IMSS). New cases of childhood cancer, which were registered prospectively in nine principal Medical Centers of IMSS during the periods 1998–2000 (five jurisdictions) and 1996–2002 (five jurisdictions), were analyzed. Personnel were specifically trained to register, capture, and encode information. For each of these jurisdictions, the frequency, average annual age-standardized incidence (AAS) and average annual incidence per period by sex and, age, were calculated (rates per 1,000,000 children/years). In total 2,615 new cases of cancer were registered, with the male/female ratio generally >1, but in some tumors there were more cases in females (retinoblastoma, germ cells tumors). The principal groups of neoplasms in seven jurisdictions were leukemias, central nervous system tumors (CNS tumors), and lymphomas, and the combined frequency for these three groups was 62.6 to 77.2%. Most frequently found (five jurisdictions) was the North American-European pattern (leukemias-CNS tumors-lymphomas). Eight jurisdictions had AAS within the range reported in the world literature. The highest incidence was found for children underless than five year of age. In eight jurisdictions, leukemia had high incidence (>50). The AAS of lymphomas was between 1.9 to 28.6. Chiapas and Guerrero had the highest AAS of CNS tumors (31.9 and 30.3, respectively). The frequency and incidence of neuroblastoma was low. Chiapas had the highest incidence of retinoblastoma (21.8). Germ-cell tumors had high incidence. The North American-European pattern of cancers was the principal one found; the overall incidence was within the range reported worldwide. In general but particularly in two jurisdictions (Yucatán and Chiapas), it will be necessary to carry out studies concerning the

The Federal-state Intergovernmental Relationship in Ethiopia ...

African Journals Online (AJOL)

Excessive reliance on political party lines evokes the question as to what will happen if opposing parties manage to win elections at federal and regional levels, and whether under such settings the collapse of the Soviet Union could be a prophesy to the Ethiopian federalism as well. Such risks call for stable and formal legal ...

Inching toward incrementalism: federalism, devolution, and health policy in the United States and the United Kingdom.

Science.gov (United States)

Sparer, Michael S; France, George; Clinton, Chelsea

2011-02-01

In the United States, the recently enacted Patient Protection and Affordable Care Act of 2010 envisions a significant increase in federal oversight over the nation's health care system. At the same time, however, the legislation requires the states to play key roles in every aspect of the reform agenda (such as expanding Medicaid programs, creating insurance exchanges, and working with providers on delivery system reforms). The complicated intergovernmental partnerships that govern the nation's fragmented and decentralized system are likely to continue, albeit with greater federal oversight and control. But what about intergovernmental relations in the United Kingdom? What impact did the formal devolution of power in 1999 to Scotland, Wales, and Northern Ireland have on health policy in those nations, and in the United Kingdom more generally? Has devolution begun a political process in which health policy in the United Kingdom will, over time, become increasingly decentralized and fragmented, or will this "state of unions" retain its long-standing reputation as perhaps the most centralized of the European nations? In this article, we explore the federalist and intergovernmental implications of recent reforms in the United States and the United Kingdom, and we put forward the argument that political fragmentation (long-standing in the United States and just emerging in the United Kingdom) produces new intergovernmental partnerships that, in turn, produce incremental growth in overall government involvement in the health care arena. This is the impact of what can be called catalytic federalism.

The States Training and Education Program (STEP): A success story of Department of Energy (DOE) interacting with other state and federal agencies

International Nuclear Information System (INIS)

Kouba, S.C.; Eaton, O.W.

1990-01-01

DOE facilities, if not already faced with the need, could be confronted with the necessity of or request to train civil authorities near DOE facilities. SARA Title 3 and the recent high visibility of DOE safety programs have prompted civil authorities to seek out specialized emergency response training for their community's first responders. In 1988, the states through which the DOE is scheduled to transport transuranic (TRU) waste for disposal at the Waste Isolation Pilot Plant expressed the concerns that their fire, medical, and law enforcement personnel were not prepared to handle an accident involving shipments of TRU waste. In response, the DOE authorized their contractor, Westinghouse Electric Corporation, to develop and deliver a training program to emergency responders along the transportation routes to mitigate this specific institutional concern. The lessons learned by DOE and Westinghouse in creating, coordinating, and delivering this program could be modified to apply to the concerns of governmental jurisdictions, including adjoining DOE facilities

Environmental federalism and US climate change policy

International Nuclear Information System (INIS)

Jaeger, L.M.

2004-01-01

Environmental disputes involving states over the proper state and federal roles have grown in number and magnitude over the last several years, with many disputes engaging dozens of states. States with competing views are fully engaged in the ongoing debate over climate change, a textbook case for testing the contours of environmental federalism. The issue has all the necessary components: transboundary environmental impacts; competing state economic and environmental interests; state self-interest; disagreement on first principles including what is the proper role of the states; and a somewhat ill-defined federal role. With those qualities, one would expect the federal government to step in and regulate. Instead, the federal government has declined to regulate, inviting a national discourse on whether and how to reduce greenhouse gas (GHG) emissions. As of Spring 2004, twenty-eight states have launched or are planning initiatives, some of which will directly regulate sources of GHG emissions. As these programs take root, pressure will build for a greater federal role. This paper will advance the position that even with this building momentum, the federal government is not likely to emulate state programs that mandate CO 2 emission reductions. In the face of high national cost, uncertain environmental benefits, and a history of federal non-regulatory action, federal regulation at this time appears to be a remote possibility. State efforts to address global climate change add value to the debate, but they do not create the cocoon of consensus the federal government seeks before launching mandatory programs of this magnitude. The more likely scenario is that the federal government will continue on its present course, funding research and development, investing in energy efficient technologies, and supporting voluntary measures. Under this scenario, states and the private sector would continue to function as the 'laboratories' to develop new ideas to improve energy

Medical abortion practices : a survey of National Abortion Federation members in the United States

NARCIS (Netherlands)

Wiegerinck, Melanie M. J.; Jones, Heidi E.; O'Connell, Katharine; Lichtenberg, E. Steve; Paul, Maureen; Westhoff, Carolyn L.

2008-01-01

Background: Little is known about clinical implementation of medical abortion in the United States following approval of mifepristone as an abortifacient by the Food and Drug Administration (FDA) in 2000. We collected information regarding medical abortion practices of National Abortion Federation

Ohio Department of Transportation State Infrastructure Bank Annual Financial Report : Federal Fiscal Year 2009

Science.gov (United States)

2009-01-01

The Ohio Department of Transportation is pleased to present the Federal : Fiscal Year (FFY) 2009 State Infrastructure Bank (SIB) Annual Financial : Report. : The portfolio of the FFY 2009 SIB had a total of nine loans totaling $9.0 : million and one ...

Exploring the relationship between social identity and workplace jurisdiction for new nursing roles: a case study approach.

Science.gov (United States)

Maxwell, E; Baillie, L; Rickard, W; McLaren, S M

2013-05-01

The introduction of new healthcare roles internationally has had mixed results with some evidence that variations can be accounted for by the manner of their introduction rather than role content. Explanation may be found partly in the ways in which new roles establish a workplace jurisdiction; that is, recognition in the workplace of a role's legitimate rights to undertake a particular scope of practice. To explore the factors that influence the development of workplace jurisdiction of new nursing roles. Critical realist multiple case study design within two NHS Acute Hospital Trusts in England and two new nursing roles as embedded units of analysis in each case (n=4 roles). In Phase 1, data were collected through semi-structured interviews (n=21), non-participant observation of committees (n=11), partial participant observation and shadowing of the role holders' working day (n=9), together with analysis of organisational documents (n=33). In Phase 2, follow up interviews with role-holders (n=4) were conducted. Participants Staff in new nursing roles (n=4) were selected purposively as embedded units according to the theoretical framework and other informants (n=17) were selected according to the study propositions. Qualitative analysis demonstrated that different role drivers produced two different role types, each of whom faced different challenges in negotiating the implementation of the role in the workplace. Negotiation of workplace jurisdiction was shown to be dependent on sharing social identities with co-workers. Four major workplace identities were found: professional, speciality, organisational and relational. The current focus on setting legal and public jurisdictions for new nursing roles through national standards and statutory registration needs to be complemented by a better understanding of how workplace jurisdiction is achieved. This study suggests that social identity is a significant determinant. Copyright © 2012 Elsevier Ltd. All rights

Survey of state and tribal emergency response capabilities for radiological transportation incidents

Energy Technology Data Exchange (ETDEWEB)

Vilardo, F J; Mitter, E L; Palmer, J A; Briggs, H C; Fesenmaier, J [Indiana Univ., Bloomington, IN (USA). School of Public and Environmental Affairs

1990-05-01

This publication is the final report of a project to survey the fifty states, the District of Columbia, Puerto Rico, and selected Indian Tribal jurisdictions to ascertain their emergency-preparedness planning and capabilities for responding to transportation incidents involving radioactive materials. The survey was conducted to provide the Nuclear Regulatory Commission and other federal agencies with information concerning the current level of emergency-response preparedness of the states and selected tribes and an assessment of the changes that have occurred since 1980. There have been no major changes in the states' emergency-response planning strategies and field tactics. The changes noted included an increased availability of dedicated emergency-response vehicles, wider availability of specialized radiation-detection instruments, and higher proportions of police and fire personnel with training in the handling of suspected radiation threats. Most Indian tribes have no capability to evaluate suspected radiation threats and have no formal relations with emergency-response personnel in adjacent states. For the nation as a whole, the incidence of suspected radiation threats declined substantially from 1980 to 1988. 58 tabs.

Energy Transition Initiative: Island Energy Snapshot - Federated States of Micronesia; U.S. Department of Energy (DOE), NREL (National Renewable Energy Laboratory)

Energy Technology Data Exchange (ETDEWEB)

None

2015-06-01

This profile provides a snapshot of the energy landscape of the Federated States of Micronesia, a sovereign nation and U.S.-associated state in the western Pacific Ocean. The Federated States of Micronesia’s electricity rates for residential customers exceed $0.48 U.S. dollars (USD)/per kilowatt-hour (kWh), nearly four times the average U.S. residential rate of $0.13 USD/kWh.

Teaching about American Federal Democracy.

Science.gov (United States)

Schechter, Stephen L., Ed.

Ten essays discuss federal democracy, the form of government of the United States. The first essay discusses the origins of American federalism. The second examines why we have a federal system, the functions federalism serves, and the consequences of federalism for the American political system. Federalism in the Constitution and constitutional…

Compendium of federal and state radioactive materials transportation laws and regulations: Transportation Legislative Database (TLDB)

International Nuclear Information System (INIS)

1989-10-01

The Transportation Legislative Database (TLDB) is an on-line information service containing detailed information on legislation and regulations regarding the transportation of radioactive materials in the United States. The system is dedicated to serving the legislative and regulatory information needs of the US Department of Energy and other federal agencies; state, tribal, and local governments; the hazardous materials transportation industry; and interested members of the general public. In addition to the on-line information service, quarterly and annual Legal Developments Reports are produced using information from the TLDB. These reports summarize important changes in federal and state legislation, regulations, administrative agency rulings, and judicial decisions over the reporting period. Information on significant legal developments at the tribal and local levels is also included on an as-available basis. Battelle's Office of Transportation Systems and Planning (OTSP) will also perform customized searches of the TLDB and produce formatted printouts in response to specific information requests

Increasing Awareness of Gynecologic Cancer Risks and Symptoms among Asian, Native Hawaiian and Pacific Islander Women in the US-Associated Pacific Island Jurisdictions

Science.gov (United States)

Novinson, Daniel; Puckett, Mary; Townsend, Julie; Reichhardt, Martina; Tareg, Aileen; Palemar, Jennifer; Wichilib, Ritchie; Stewart, Sherri L

2017-08-27

Background: Gynecologic cancers are common among Asian/Native Hawaiian/Pacific Islander (A/NH/PI) women. Prevention is important in United States associated Pacific Island jurisdictions (USAPIJ) because there are limited resources to treat cancer. The objective of this study was to educate A/NH/PI women and providers about evidence-based interventions to prevent and control gynecologic cancers in Yap, one of four major islands comprising the Federated States of Micronesia (FSM). This was done through a partnership between Inside Knowledge: Get The Facts About Gynecologic Cancer national campaign and the Yap comprehensive cancer control program, both funded by the Center for Disease Control and Prevention (CDC). Methods: Inside Knowledge educational materials were obtained from the CDC website and used in facilitated educational sessions. Sessions were planned according to leading health education theories, and were implemented and led by local Yap public health practitioners. Pre- and post-session surveys were used to assess changes in gynecologic cancer awareness, confidence and behavioral intentions related to prevention/early detection for gynecologic cancer. Results: Twenty-nine providers and 326 adult women participated in sessions. All participants demonstrated significant increases in knowledge across all measured domains post-session. Public knowledge that HPV causes cervical, vulvar and vaginal cancer increased from 4.9% pre-session to 51.4% post-session (pgynecologic cancer knowledge pre-session compared to 91.7% post-session. Conclusion: Targeted education about gynecologic cancer symptoms and risk factors can be effective at increasing awareness, behavioral intention, confidence and knowledge. These increases can lead to more widespread prevention of these five cancers. Creative Commons Attribution License

7 CFR 246.4 - State plan.

Science.gov (United States)

2010-01-01

... jurisdiction; (ii) Vendor limiting and selection criteria. Vendor limiting criteria, if used by the State agency, and the vendor selection criteria established by the State agency consistent with the... friends; or, (iii) One employee determining eligibility for all certification criteria and issuing food...

NRC Task Force report on review of the federal/state program for regulation of commercial low-level radioactive waste burial grounds

International Nuclear Information System (INIS)

1977-01-01

The underlying issue explored in this report is that of Federal vs State regulation of commercial radioactive waste burial grounds. The need for research and development, a comprehensive set of standards and criteria, a national plan for low-level waste management, and perpetual care funding are closely related to the central issue and are also discussed. Five of the six commercial burial grounds are regulated by Agreement States; the sixth is regulated solely by the NRC (NRC also regulates Special Nuclear Material at the sites). The sites are operated commercially. The operators contribute to the perpetual care funds for the sites at varying rates. The States have commitments for the perpetual care of the decommissioned sites except for one site, located on Federally owned land. Three conclusions are reached. Federal control over the disposal of low-level waste should be increased by requiring joint Federal/State site approval, NRC licensing, Federal ownership of the land, and a Federally administered perpetual care program. The NRC should accelerate the development of its regulatory program for the disposal of low-level waste. The undisciplined proliferation of low-level burial sites must be avoided. NRC should evaluate alternative disposal methods, conduct necessary studies, and develop a comprehensive low-level waste regulatory program (i.e., accomplish the above recommendations) prior to the licensing of new disposal sites

Nurse prescribing of medicines in Western European and Anglo-Saxon countries: a survey on forces, conditions and jurisdictional control.

Science.gov (United States)

Kroezen, Marieke; Francke, Anneke L; Groenewegen, Peter P; van Dijk, Liset

2012-08-01

The number of Western European and Anglo-Saxon countries where nurses are legally allowed to prescribe medicines is growing. As the prescribing of medicines has traditionally been the task of the medical profession, nurse prescribing is changing the relationship between the medical and nursing professions. To gain more insight into the forces that led to the introduction of nurse prescribing of medicines in Western European and Anglo-Saxon countries, as well as into the legal, educational and organizational conditions under which nurses prescribe in these countries. Moreover, this study sought to determine which consequences nurse prescribing has for the division of jurisdictional control over prescribing between the nursing and medical professions. International survey. An email survey was sent to 60 stakeholders of professional nursing or medical associations or government bodies, at national, state or provincial level across ten Western European and Anglo-Saxon countries, namely Australia, Canada, Finland, Ireland, the Netherlands, New Zealand, Spain, Sweden, the United Kingdom and the United States of America. The survey addressed the reasons for the introduction of nurse prescribing and the conditions under which nurses are or will be prescribing medicines. The response rate was 65% (n=39). It was shown that a diversity of forces led to the introduction of nurse prescribing, and respondents from nursing and medical associations and government bodies cited different forces as being important for the introduction of nurse prescribing. Representatives of nurses' associations oftentimes emphasized the medication needs of patients living in remote geographical areas, while representatives of medical associations more often pointed to workforce shortages within the health care service. The conditions under which nurses prescribe medicines vary considerably, from countries where nurses prescribe independently to countries in which prescribing by nurses is only

22 CFR 96.30 - State licensing.

Science.gov (United States)

2010-04-01

... Licensing and Corporate Governance § 96.30 State licensing. (a) The agency or person is properly licensed or... person follows applicable State licensing and regulatory requirements in all jurisdictions in which it provides adoption services. (c) If it provides adoption services in a State in which it is not itself...

How Much Do We Spend? Creating Historical Estimates of Public Health Expenditures in the United States at the Federal, State, and Local Levels.

Science.gov (United States)

Leider, Jonathon P; Resnick, Beth; Bishai, David; Scutchfield, F Douglas

2018-04-01

The United States has a complex governmental public health system. Agencies at the federal, state, and local levels all contribute to the protection and promotion of the population's health. Whether the modern public health system is well situated to deliver essential public health services, however, is an open question. In some part, its readiness relates to how agencies are funded and to what ends. A mix of Federalism, home rule, and happenstance has contributed to a siloed funding system in the United States, whereby health agencies are given particular dollars for particular tasks. Little discretionary funding remains. Furthermore, tracking how much is spent, by whom, and on what is notoriously challenging. This review both outlines the challenges associated with estimating public health spending and explains the known sources of funding that are used to estimate and demonstrate the value of public health spending.

75 FR 57145 - Federal-State Unemployment Compensation Program; Funding Goals for Interest-Free Advances

Science.gov (United States)

2010-09-17

... Unemployment Compensation Program; Funding Goals for Interest-Free Advances; Final Rule #0;#0;Federal Register... Unemployment Compensation Program; Funding Goals for Interest-Free Advances AGENCY: Employment and Training... unemployment compensation (UC) upon the State meeting ``funding goals, established under regulations issued by...

Medical abortion practices: a survey of National Abortion Federation members in the United States

NARCIS (Netherlands)

Wiegerinck, Melanie M. J.; Jones, Heidi E.; O'Connell, Katharine; Lichtenberg, E. Steve; Paul, Maureen; Westhoff, Carolyn L.

2008-01-01

Little is known about clinical implementation of medical abortion in the United States following approval of mifepristone as an abortifacient by the Food and Drug Administration (FDA) in 2000. We collected information regarding medical abortion practices of National Abortion Federation (NAF) members

Ohio Department of Transportation State Infrastructure Bank Annual Financial Report : Federal Fiscal Year 2004

Science.gov (United States)

2004-01-01

The Ohio Department of Transportation is pleased to present the Federal Fiscal : Year 2004 State Infrastructure Bank (SIB) Annual Financial Report. The portfolio of : the FFY 04 SIB had a total of nineteen loans in the amount of $47,340,891. : A comp...

Ohio Department of Transportation State Infrastructure Bank Annual Financial Report : Federal Fiscal Year 2008

Science.gov (United States)

2008-01-01

The Ohio Department of Transportation is pleased to present the Federal Fiscal Year (FFY) 2008 State Infrastructure Bank (SIB) Annual Financial Report. The portfolio of the FFY 2008 SIB had a total of five loans totaling $22.1 million. Since the begi...

Ohio Department of Transportation State Infrastructure Bank Annual Financial Report : Federal Fiscal Year 2007

Science.gov (United States)

2007-01-01

The Ohio Department of Transportation is pleased to present the Federal : Fiscal Year (FFY) 2007 State Infrastructure Bank (SIB) Annual Financial : Report. : The portfolio of the FFY 2007 SIB had a total of 13 loans and 1 bond in the : amount of $17....

Negotiating the use of biodiversity in marine areas beyond national jurisdiction

Directory of Open Access Journals (Sweden)

Robert Blasiak

2016-11-01

Full Text Available A relatively small group of states is disproportionately active in marine areas beyond national jurisdiction (ABNJ, raising questions of equity, while a myriad of sectoral regulations and guidelines spread across multiple international bodies has led to uneven conservation and use of biological diversity and resources in these areas. Within this context, the UN General Assembly resolved in 2015 to begin negotiations on an international legally-binding instrument to conserve and protect biodiversity in ABNJ, with the negotiations framed by four issues: (1 marine genetic resources, including questions on the sharing of benefits; (2 measures such as area-based management tools, including marine protected areas; (3 environmental impact assessments; (4 capacity building and the transfer of marine technology. Yet our analysis demonstrates that least developed countries (LDCs and small island developing states (SIDS are significantly under-represented in regional and international meetings on such issues, while the authorship of academic literature on these topics is dominated to an unusual extent by Organization for Economic Cooperation and Development (OECD member states (97%. Statistical analysis of delegation statements delivered during the first round of negotiations following the UN General Assembly resolution also illustrates that the interests of OECD member states differ substantially from LDCs and SIDS, suggesting that imbalanced representation has the potential to result in skewed negotiations. Moreover, the restriction on negotiating parties not to undermine the mandate of existing organizations limits their maneuverability, and may hamper progress towards achieving ambitious time-bound commitments to promote sustainable resource use and reduce inequality (e.g. under the Sustainable Development Goals and Aichi Targets. With ABNJ covering half the world’s surface, self-interested compliance with new regulations is the most promising

Satellite remote sensing of submerged aquatic vegetation distribution and status in the Currituck Sound, NC.

Science.gov (United States)

2012-11-01

Submerged Aquatic Vegetation (SAV) is an important component in any estuarine ecosystem. As such, it is regulated by federal and state agencies as a jurisdictional resource, where impacts to SAV are compensated through mitigation. Historically, tradi...

30 CFR 906.30 - State-Federal cooperative agreement.

Science.gov (United States)

2010-07-01

.... Resolve conflicts and difficulties between other Federal agencies in a timely manner. 3. As soon as.... Publish notices of NEPA documents as required by Federal law and regulations. 5. Take the leadership role...

Environmental federalism and US climate change policy

Energy Technology Data Exchange (ETDEWEB)

Jaeger, L.M. [Bracewell and Patterson, LLP (United States)

2004-07-01

Environmental disputes involving states over the proper state and federal roles have grown in number and magnitude over the last several years, with many disputes engaging dozens of states. States with competing views are fully engaged in the ongoing debate over climate change, a textbook case for testing the contours of environmental federalism. The issue has all the necessary components: transboundary environmental impacts; competing state economic and environmental interests; state self-interest; disagreement on first principles including what is the proper role of the states; and a somewhat ill-defined federal role. With those qualities, one would expect the federal government to step in and regulate. Instead, the federal government has declined to regulate, inviting a national discourse on whether and how to reduce greenhouse gas (GHG) emissions. As of Spring 2004, twenty-eight states have launched or are planning initiatives, some of which will directly regulate sources of GHG emissions. As these programs take root, pressure will build for a greater federal role. This paper will advance the position that even with this building momentum, the federal government is not likely to emulate state programs that mandate CO{sub 2} emission reductions. In the face of high national cost, uncertain environmental benefits, and a history of federal non-regulatory action, federal regulation at this time appears to be a remote possibility. State efforts to address global climate change add value to the debate, but they do not create the cocoon of consensus the federal government seeks before launching mandatory programs of this magnitude. The more likely scenario is that the federal government will continue on its present course, funding research and development, investing in energy efficient technologies, and supporting voluntary measures. Under this scenario, states and the private sector would continue to function as the 'laboratories' to develop new ideas to

Evaluation and assessment methodology, standards, and procedures manual of the United States Federal Radiological Monitoring and Assessment Center

International Nuclear Information System (INIS)

Kerns, K.C.; Burson, Z.G.; Smith, J.M.; Blanchard, R.L.

2000-01-01

In the event of a major radiological emergency, the U.S. Federal Radiological Emergency Response Plan authorises the creation of the Federal Radiological Monitoring and Assessment Center (FRMAC). The FRMAC is established to co-ordinate the Federal off-site monitoring and assessment activities, and is comprised of representatives from several Federal agencies and Department of Energy contractors who provide assistance to the state(s) and Lead Federal Agency. The Evaluation and Assessment (E and A) Division of the FRMAC is responsible for receiving, storing, and interpreting environmental surveillance data to estimate the potential health consequences to the population in the vicinity of the accident site. The E and A Division has commissioned the preparation of a methodology and procedures manual which will result in a consistent approach by Division members in carrying out their duties. The first edition of this manual is nearing completion. In this paper, a brief review of the structure of the FRMAC is presented, with emphasis on the E and A Division. The contents of the E and A manual are briefly described, as are future plans for its expansion. (author)

7 CFR 210.21 - Procurement.

Science.gov (United States)

2010-01-01

... Responsibilities § 210.21 Procurement. (a) General. State agencies and school food authorities shall comply with... violation of law are to be referred to the local, State, or Federal authority that has proper jurisdiction... title are followed. A school food authority may use its own procurement procedures which reflect...

16 CFR 901.2 - Application.

Science.gov (United States)

2010-01-01

... 16 Commercial Practices 1 2010-01-01 2010-01-01 false Application. 901.2 Section 901.2 Commercial Practices FEDERAL TRADE COMMISSION FAIR DEBT COLLECTION PRACTICES ACT PROCEDURES FOR STATE APPLICATION FOR... interpretations thereof by a court of competent jurisdiction or duly authorized agency of that State. 2 As...

77 FR 24222 - Solicitation of Comments on Request for United States Assumption of Concurrent Federal Criminal...

Science.gov (United States)

2012-04-23

... be submitted electronically through http://www.regulations.gov using the electronic comment form... order, or judicial decision has conferred jurisdiction on a particular government. The Tribal Law and....25. DATES: Written comments must be postmarked and electronic comments must be submitted on or before...

32 CFR 32.41 - Recipient responsibilities.

Science.gov (United States)

2010-07-01

... Federal, State or local authority as may have proper jurisdiction. ..., HOSPITALS, AND OTHER NON-PROFIT ORGANIZATIONS Post-Award Requirements Procurement Standards § 32.41... contractual responsibilities arising under its contract(s). The recipient is the responsible authority...

Population-level interventions in government jurisdictions for dietary sodium reduction.

Science.gov (United States)

McLaren, Lindsay; Sumar, Nureen; Barberio, Amanda M; Trieu, Kathy; Lorenzetti, Diane L; Tarasuk, Valerie; Webster, Jacqui; Campbell, Norman Rc

2016-09-16

Excess dietary sodium consumption is a risk factor for high blood pressure, stroke and cardiovascular disease. Currently, dietary sodium consumption in almost every country is too high. Excess sodium intake is associated with high blood pressure, which is common and costly and accounts for significant burden of disease. A large number of jurisdictions worldwide have implemented population-level dietary sodium reduction initiatives. No systematic review has examined the impact of these initiatives. • To assess the impact of population-level interventions for dietary sodium reduction in government jurisdictions worldwide.• To assess the differential impact of those initiatives by social and economic indicators. We searched the following electronic databases from their start date to 5 January 2015: the Cochrane Central Register of Controlled Trials (CENTRAL); Cochrane Public Health Group Specialised Register; MEDLINE; MEDLINE In Process & Other Non-Indexed Citations; EMBASE; Effective Public Health Practice Project Database; Web of Science; Trials Register of Promoting Health Interventions (TRoPHI) databases; and Latin American Caribbean Health Sciences Literature (LILACS). We also searched grey literature, other national sources and references of included studies.This review was conducted in parallel with a comprehensive review of national sodium reduction efforts under way worldwide (Trieu 2015), through which we gained additional information directly from country contacts.We imposed no restrictions on language or publication status. We included population-level initiatives (i.e. interventions that target whole populations, in this case, government jurisdictions, worldwide) for dietary sodium reduction, with at least one pre-intervention data point and at least one post-intervention data point of comparable jurisdiction. We included populations of all ages and the following types of study designs: cluster-randomised, controlled pre-post, interrupted time series

Ecosystem carbon stocks and sequestration potential of federal lands across the conterminous United States

Science.gov (United States)

Tan, Zhengxi; Liu, Shuguang; Sohl, Terry L.; Wu, Yiping; Young, Claudia J.

2015-01-01

Federal lands across the conterminous United States (CONUS) account for 23.5% of the CONUS terrestrial area but have received no systematic studies on their ecosystem carbon (C) dynamics and contribution to the national C budgets. The methodology for US Congress-mandated national biological C sequestration potential assessment was used to evaluate ecosystem C dynamics in CONUS federal lands at present and in the future under three Intergovernmental Panel on Climate Change Special Report on Emission Scenarios (IPCC SRES) A1B, A2, and B1. The total ecosystem C stock was estimated as 11,613 Tg C in 2005 and projected to be 13,965 Tg C in 2050, an average increase of 19.4% from the baseline. The projected annual C sequestration rate (in kilograms of carbon per hectare per year) from 2006 to 2050 would be sinks of 620 and 228 for forests and grasslands, respectively, and C sources of 13 for shrublands. The federal lands’ contribution to the national ecosystem C budget could decrease from 23.3% in 2005 to 20.8% in 2050. The C sequestration potential in the future depends not only on the footprint of individual ecosystems but also on each federal agency’s land use and management. The results presented here update our current knowledge about the baseline ecosystem C stock and sequestration potential of federal lands, which would be useful for federal agencies to decide management practices to achieve the national greenhouse gas (GHG) mitigation goal.

Ecosystem carbon stocks and sequestration potential of federal lands across the conterminous United States.

Science.gov (United States)

Tan, Zhengxi; Liu, Shuguang; Sohl, Terry L; Wu, Yiping; Young, Claudia J

2015-10-13

Federal lands across the conterminous United States (CONUS) account for 23.5% of the CONUS terrestrial area but have received no systematic studies on their ecosystem carbon (C) dynamics and contribution to the national C budgets. The methodology for US Congress-mandated national biological C sequestration potential assessment was used to evaluate ecosystem C dynamics in CONUS federal lands at present and in the future under three Intergovernmental Panel on Climate Change Special Report on Emission Scenarios (IPCC SRES) A1B, A2, and B1. The total ecosystem C stock was estimated as 11,613 Tg C in 2005 and projected to be 13,965 Tg C in 2050, an average increase of 19.4% from the baseline. The projected annual C sequestration rate (in kilograms of carbon per hectare per year) from 2006 to 2050 would be sinks of 620 and 228 for forests and grasslands, respectively, and C sources of 13 for shrublands. The federal lands' contribution to the national ecosystem C budget could decrease from 23.3% in 2005 to 20.8% in 2050. The C sequestration potential in the future depends not only on the footprint of individual ecosystems but also on each federal agency's land use and management. The results presented here update our current knowledge about the baseline ecosystem C stock and sequestration potential of federal lands, which would be useful for federal agencies to decide management practices to achieve the national greenhouse gas (GHG) mitigation goal.

Federal cabinet minister from N.B joins opponents to LNG terminals

Energy Technology Data Exchange (ETDEWEB)

Morris, C.

2005-08-25

This article addressed the debate regarding the United States' proposal to construct liquefied natural gas (LNG) facilities on a pristine bay between New Brunswick and Maine. Two LNG projects are currently being promoted for Passamaquoddy Bay, and 2 more proposals are expected to be announced in the near future. However, the proponents have not yet submitted any formal applications to the Canadian government. A federal cabinet minister from New Brunswick has joined the growing opposition to the proposed project, claiming that the location on the Maine side of Passamaquoddy Bay, a large inlet off the Bay of Fundy, poses too many risks to the habitat of several endangered or at-risk species, including the North Atlantic Right Whale. The proposed sites in Maine are directly across a narrow bay where tourism and fishing are prime industries in New Brunswick. The cabinet minister claims that with over 2,000 miles of coastline on the eastern seaboard, another location can be found for the LNG facilities that would not present navigational difficulties. The Canadian federal government has the jurisdiction to stop the project by not allowing the supertankers to cross Canadian waters to enter the Bay. The waters are known for their treacherous navigation. The premier of New Brunswick has also stepped in to ensure that the governor of Maine is made aware of Canada's opposition to the project. Officials with Downeast LNG and Quoddy Bay LLC claim there would not be any safety or environmental risks associated with the LNG project.

77 FR 32998 - Solicitation of Comments on Request for United States Assumption of Concurrent Federal Criminal...

Science.gov (United States)

2012-06-04

... electronically through http://www.regulations.gov using the electronic comment form provided on that site. An... order, or judicial decision has conferred jurisdiction on a particular government. The Tribal Law and....25. DATES: Written comments must be postmarked and electronic comments must be submitted on or before...

77 FR 24517 - Solicitation of Comments on Request for United States Assumption of Concurrent Federal Criminal...

Science.gov (United States)

2012-04-24

... electronically through http://www.regulations.gov using the electronic comment form provided on that site. An... order, or judicial decision has conferred jurisdiction on a particular government. The Tribal Law and....25. DATES: Written comments must be postmarked and electronic comments must be submitted on or before...

78 FR 16867 - Solicitation of Comments on Request for United States Assumption of Concurrent Federal Criminal...

Science.gov (United States)

2013-03-19

... encourages all comments be submitted electronically through http://www.regulations.gov using the electronic... order, or judicial decision has conferred jurisdiction on a particular government. The Tribal Law and... to the provisions of 28 CFR 50.25. DATES: Written comments must be postmarked and electronic comments...

Canadian energy and climate policies: A SWOT analysis in search of federal/provincial coherence

International Nuclear Information System (INIS)

Fertel, Camille; Bahn, Olivier; Vaillancourt, Kathleen; Waaub, Jean-Philippe

2013-01-01

This paper presents an analysis of Canadian energy and climate policies in terms of the coherence between federal and provincial/territorial strategies. After briefly describing the institutional, energy, and climate contexts, we perform a SWOT analysis on the themes of energy security, energy efficiency, and technology and innovation. Within this analytical framework, we discuss the coherence of federal and provincial policies and of energy and climate policies. Our analysis shows that there is a lack of consistency in the Canadian energy and climate strategies beyond the application of market principles. Furthermore, in certain sectors, the Canadian approach amounts to an amalgam of decisions made at a provincial level without cooperation with other provinces or with the federal government. One way to improve policy coherence would be to increase the cooperation between the different jurisdictions by using a combination of policy tools and by relying on existing intergovernmental agencies. - Highlights: • We perform a SWOT analysis of the Canadian energy and climate policies. • We analyse policy coherence between federal and provincial/territorial strategies. • We show that a lack of coordination leads to a weak coherence among policies. • The absence of cooperation results in additional costs for Canada

12 CFR 557.11 - To what extent does Federal law preempt deposit-related State laws?

Science.gov (United States)

2010-01-01

... Federal law preempt deposit-related State laws? (a) Under sections 4(a), 5(a), and 5(b) of the HOLA, 12 U... purposes of HOLA. (b) To further these purposes without undue regulatory duplication and burden, OTS hereby...

Environmental problems relating to uranium mining and milling

International Nuclear Information System (INIS)

Friedman, F.B.

1979-01-01

The regulations of the mining and milling of uranium as they relate to the environment are discussed. The industry is primarily under the jurisdiction of the federal government and administered by the Nuclear Regulatory Commission (NRC). This authority can in some instances be relegated to the states. Certain areas of jurisdiction have been given over to Environmental Protection Agency (EPA) by the courts. The Safe Drinking Water Act is discussed as it relates to in situ leach mining. The role of the Department of Interior in the regulating of uranium mining, as described in the Federal Land Policy Management Act of 1976, is discussed. The requirement for environmental impact statements prior to licensing by the NRC or the individual states is also discussed. Air quality and radioactive waste disposal as they relate to uranium mining are also discussed

Zoning for Distributed Wind Power - Breaking Down Barriers: Preprint

Energy Technology Data Exchange (ETDEWEB)

Green, J.; Sagrillo, M.

2005-08-01

Zoning regulations for the use of small wind turbines vary from state to state and from one local jurisdiction to the next. This paper examines the zoning experiences of small wind turbine owners, options for local actions, and examples of state and federal limited preemption of local zoning authority as a means of promoting the implementation of new technologies.

Improving regulatory effectiveness in Federal/State siting actions. Need for power: determinants in the state decisionmaking processes. Final report

International Nuclear Information System (INIS)

Noble, J.B.; Hemphill, J.B.

1978-03-01

The Department of Energy's Nuclear Siting and Licensing Act of 1978 (S. 2775; H. R. 11704) proposes Federal/State coordination in need for facility decisionmaking for nuclear power stations. The present study examines the decisionmaking criteria used by forty-four States in making a determination of need for power/facility. Specific criteria are identified along with the number of States which make those criteria a primary or a secondary consideration in determining need for facility. Individual profiles of the studied States' decisionmaking criteria are provided. In addition, the study examines the different organizational and functional patterns found in the States' regulatory process to certificate power stations. The coordination or lack of coordination of the issuance of associated environmental permits required for power stations is outlined for each State. Information concerning States' rate treatment of expenses associated with the construction and operation of a power station is provided. The relationship between the need for power decisionmaking process and the ratemaking process is explored

Settlement of Tax Disputes in the Russian Federation and Germany

Directory of Open Access Journals (Sweden)

Anastasiya Alexandrovna Konyukhova

2015-01-01

Full Text Available This article is devoted to the settlement of tax disputes in the Russian Federation and the Federal Republic of Germany. The features of the conflict settlement mechanism are both shown in the stage of administrative and judicial review. In accordance with German law, the administrative stage of dispute resolution, carried out by the tax authority, always precedes the filing of a complaint to a court. Consequently, the taxpayer submits his first application in writing to the tax authority that issued the tax act, though in some cases to a higher tax authority. This obligatory procedure was borrowed by the Russian tax system. The trial stage of tax dispute settlement in Germany is carried out by specialized courts, forming a two-level system for legal proceedings. Thus, the tax dispute submitted to the Court is settled first by the financial lands courts and then by the higher Federal Financial Court. However, the Federal Financial Court takes into consideration only certain categories of actions listed in the Act (the Regulations of finance courts (Finanzgerichtordnung. In Russia appeals of administrative review of tax conflicts, unlike in the German system, are handled by arbitration and general jurisdiction courts. The Supreme Arbitration Court of the Russian Federation is the supreme judicial body for settling economic disputes and other cases considered by arbitration courts in implementing federal procedural judicial supervision over their activities and provides explanations regarding judicial practices. Arbitration courts established at the level of the Federation to resolve disputes involving commercial entities, e.g. enterprises and entrepreneurs, resolve the bulk of tax disputes. These courts are composed of specially created panels of judges known as bars, i.e. groups of judges who specialize in reviewing taxation cases.

Payments-Equal-To-Taxes (PETT): An interpretation of Sections 116(c) (3) and 118(b) (4) of the Nuclear Waste Policy Act of 1982, as amended

International Nuclear Information System (INIS)

Benson, A.; Moore, W.E.; Lesko, R.

1991-01-01

The Payments-Equal-To-Taxes (PETT) program breaks new ground in government interaction by creating a tax-like transfer of funds from the federal government to states and local government. The PETT program is one of the financial assistance provisions of the Nuclear Waste Policy Act of 1982, as amended [42 U.S.C. 10101, et seq.] (NWPAA). The NWPAA charges the US DOE with, among other things, the responsibility for investigation of potential sites and for licensing, constructing, and operating a repository for high-level radioactive waste and spent fuel and an MRS facility. The NWPAA also called for financial assistance to the jurisdictions in which the repository and MRS facility are to be located. One of the financial impacts to the jurisdictions would be loss of tax revenue since the Supremacy clause of the Constitution prohibits jurisdictions from taxing the federal government. The objective of the PETT program is to provide payments that will offset this loss. Since the NWPAA authorizes continued site characterization activities only in the state of Nevada, the focus of this paper will be on the PETT program in Nevada. However, the information presented here generally applied to implementation of the program in other states where site characterization activities have been conducted

Communication from the Permanent Missions of the Russian Federation and the United States of America regarding a joint statement on nuclear cooperation

International Nuclear Information System (INIS)

2009-01-01

The Secretariat has received a communication from the Permanent Missions of the Russian Federation and the United States of America, transmitting the text of the Joint Statement by the Presidents of the Russian Federation and the United States of America on Nuclear Cooperation issued on 6 July 2009 in Moscow. As requested in that communication, the abovementioned statement is herewith circulated for the information of all Member States

Master Learning: A Way to Manage Tertiary Education in Small Island Jurisdictions

Science.gov (United States)

Hovgaard, Gestur

2016-01-01

As a consequence of globalisation, there is now a general trend among hesitant small island jurisdictions to focus on educational planning in the tertiary sector. The question therefore is how smart solutions adapted to the specific contexts can be developed. This article argues for the need to innovate the societal role of the smaller state…

Demographic indicators of trust in federal, state and local government: implications for Australian health policy makers.

Science.gov (United States)

Meyer, Samantha B; Mamerow, Loreen; Taylor, Anne W; Henderson, Julie; Ward, Paul R; Coveney, John

2013-02-01

To provide baseline findings regarding Australians' trust in federal, state and local government. A computer-assisted telephone interviewing (CATI) survey was administrated during October to December 2009 to a random sample (n=1109) across Australia (response rate 41.2%). Binary logistic regression analyses were carried out by means of SPSS. Age, household size, household income, IRSD and ARIA were found to be significant indicators for trust in federal, state and local government. Trust in state government is lower for older respondents and respondents living in inner and outer regional areas. Trust in local council is lower in respondents living in inner regional areas, respondents living in disadvantaged areas, and respondents in the income bracket of $60001 to $100000. Trust in federal government is lower for older respondents and respondents living in disadvantaged areas. Of note is diminished trust in government among older, regional and lower income ($30001-$60000) respondents. Trust in all levels of government was found to be the lowest in population groups that are identified by empirical research and media to have the poorest access to government services. As a consequence, improved access to services for these populations may increase trust in health policy. Increased trust in health governance may in turn, ensure effective dissemination and implementation of health policies and that existing inequities are not perpetuated through distrust of health information and policy initiatives.

New York vs. United States: Federalism and the disposal of low-level radioactive waste

International Nuclear Information System (INIS)

Weiner, R.D.

1994-01-01

Although 97 percent of LLRW is so slightly radioactive that it requires little or no shielding to protect the public, the remaining 3 percent consists of materials that must be shielded for periods ranging from 300 to several thousand years. Some of the material classified as LLRW contains open-quotes open-quote hot spots close-quote, where concentrations of radioactivity may be quite high.close quotes Even aside from such hot spots, LLRW poses a threat to human health. While nuclear power plants generate the bulk of LLRW, a significant quantity of LLRW is generated by industry, and academic and medical institutions. States are allowed to regulate LLRW that is generated by the private sector, as long as the regulations are compatible with, and at least as restrictive as, those of the NRC. However, states may not regulate LLRW generated by NRC-licensed nuclear power plants. The Low-Level Radioactive Waste Policy Amendments Act of 1985 (LLR-WPAA, or the Act) attempted to solve the problem of insufficient LLRW disposal capacity in the United States by further shifting responsibility for LLRW disposal to the states. The Act required each state to provide an approved disposal site that could be located either within that state or within a region formed by a compact including that state. In June, 1992, the United States Supreme Court struck down a key provision of the Act that would have forced a state to take title to all LLRW generated within its borders if that state failed to meet a 1996 deadline for providing such a disposal site. This note will examine the constitutional basis for, and the consequences of, that decision. In addition, this note will suggest that the Court's new criterion for determining when a federal statute violates principles of federalism be replaced by a more coherent and workable test resting on a theory of political accountability and on the Guarantee Clause of the United States Constitution

7 CFR 550.44 - Cooperator responsibilities.

Science.gov (United States)

2010-01-01

... referred to such Federal, State or local authority, as may have proper jurisdiction. ... Agreements Procurement Standards § 550.44 Cooperator responsibilities. The standards contained in this...). The Cooperator is the responsible authority, without recourse to the REE Agency, regarding the...

14 CFR 1274.502 - Recipient responsibilities.

Science.gov (United States)

2010-01-01

... referred to such Federal, State or local authority as may have proper jurisdiction. ... AGREEMENTS WITH COMMERCIAL FIRMS Procurement Standards § 1274.502 Recipient responsibilities. The standards... contract(s). The recipient is the responsible authority, without recourse to NASA, regarding the settlement...

10 CFR 600.331 - Requirements.

Science.gov (United States)

2010-01-01

..., State or local authority as may have proper jurisdiction. Reports and Records ... Requirements. The following requirements pertain to recipients' procurements funded in whole or in part with Federal funds or with recipients' cost-share or match: (a) Reasonable cost. Recipients' procurement...

Fuels planning: science synthesis and integration; social issues fact sheet 09: Benefits of collaboration

Science.gov (United States)

Christine Esposito

2006-01-01

Wildland fire professionals at the Federal, State, and local levels have a long tradition of collaborating across agencies and jurisdictions to achieve goals that they could not achieve independently. This fact sheet discusses the reasons and resources for collaboration.Other...

Federal Personnel: Federal/Private Sector Pay Comparisons

Science.gov (United States)

1994-12-01

Choices of Both Government and Union Status," Journal of Labor Economics , Vol. 6 (1988), pp. 229-53; Alan B. Krueger, "Are Public Sector Workers Paid...Differential in the United States," Journal of Labor Economics , Vol. 38, No. 2 (1990), pp. 270-293. 5A discussion of these explanations can be found in...federal earnings, one can obtain an estimate of the pay gap that is attributable to federal employment In labor economics research, both methods are

76 FR 69729 - Pesticide Emergency Exemptions; Agency Decisions and State and Federal Agency Crisis Declarations

Science.gov (United States)

2011-11-09

...; Agency Decisions and State and Federal Agency Crisis Declarations AGENCY: Environmental Protection Agency... following form: Crisis, public health, quarantine, or specific. EPA has also listed denied emergency... or public health purposes. These are rarely requested. 3. A ``crisis exemption'' is initiated by a...

Local Identity in Times of Jurisdictional Consolidation

DEFF Research Database (Denmark)

Hansen, Sune Welling; Kjær, Ulrik

of a dataset which consists of large scale citizen surveys conducted in 2001, 2009 and 2013, combined with register data on the Danish municipalities (the two surveys in 2001 and 2009 even have a panel structure). Our paper contributes to the existing literature on local identity by examining the influence......Reforming the public sector has become increasingly popular. Some of the reforms have been jurisdictional consolidations of subnational authorities such as regions and municipalities. One question which remains unanswered is whether such consolidations affect citizens’ local identity? We take...... a first step towards providing an answer by examining whether citizens’ affective attachment to their municipality – and other administrative and geographical areas – declined or flourished in connection with a large-scale municipal reform implemented in Denmark in 2007. Empirically, we make use...

33 CFR 2.36 - Navigable waters of the United States, navigable waters, and territorial waters.

Science.gov (United States)

2010-07-01

... 33 Navigation and Navigable Waters 1 2010-07-01 2010-07-01 false Navigable waters of the United States, navigable waters, and territorial waters. 2.36 Section 2.36 Navigation and Navigable Waters COAST GUARD, DEPARTMENT OF HOMELAND SECURITY GENERAL JURISDICTION Jurisdictional Terms § 2.36 Navigable waters...

JURISDICTION OVER CRIMES COMMITTED ON BOARD AIRCRAFT IN FLIGHT UNDER THE TOKYO CONVENTION 1963

Directory of Open Access Journals (Sweden)

Iryna Sopilko

2016-12-01

Full Text Available Purpose: the main aim of this paper is to clarify several issues of conflicting jurisdiction over crimes committed on board aircraft in flight. The study will examine the way in which the Tokyo Convention attempts to provide justice in the event of aviation security violations, and discuss its effectiveness in preventing such offences in the future. Methods: formal legal and case-study methods together with inductive reasoning, and comparison were used to analyse the legislation in the area of jurisdiction over crimes and other offences committed on board aircraft in flight. Results: it follows from the study that although the Tokyo Convention has contributed considerably to the establishing of clearer rules of jurisdiction over offences committed on board aircraft, considerable deficiencies of this treaty remain. The results have important implications for international policy-making. Discussion: the results of the study reveal several weaknesses of the Tokyo Convention. Firstly, it does not provide any definition or list of offences to which it applies, instead it relies on national penal laws to do so. In addition, the ‘freedom fighter exception’ and the lack of a strong enforcement mechanism may prove to impede the effective attainment of the Tokyo Convention’s main objectives – that is, to provide justice in the event of aviation security violations, and prevent such offences in the future. Therefore, further improvement in aviation security legislation is necessary to ensure that it is effective and adequate in the challenges faced today.

The Charter State Option: Charting a Course toward Federalism in Education. Backgrounder No. 1987

Science.gov (United States)

Lips, Dan; Feinberg, Evan; Marshall, Jennifer A.

2006-01-01

Across the United States, nearly 50 million students are served by 96,000 public schools. Federal policymakers cannot be expected to diagnose the diverse learning needs of these students and to craft solutions adequate to meet all of them. Four decades, eight reauthorizations of the Elementary and Secondary Education Act, and expenditure of…

Abu Dhabi-Great Britain and the crisis over jurisdiction 1959-1960

Directory of Open Access Journals (Sweden)

Federico Velez

2011-06-01

Full Text Available Las demandas presentadas por el Jeque Shakhbout en 1959 para obtener la plena soberanía jurídica sobre el emirato de Abu Dhabi generaron una crisis diplomática plasmada en la correspondencia interna del gobierno Británico. Con sus demandas, el Jeque Shakhbout forzaba a la burocracia a cargo de los Estados de la Tregua – La Oficina de Asuntos Extranjeros en Londres, el representante del gobierno Británico en Bahreín, y los agente administrativos y políticos en Dubai y Abu Dhabi a reexaminar las bases legales de la presencia Británica en la zona y los límites éticos del sistema judicial impuesto sobre sus habitantes. La crisis va mas allá de una discusión sobre los poderes jurisdiccionales. La crisis nos ofrece una ventana a las contradicciones inherentes a la  presencia Británica en la zona, en el marco del movimiento nacionalista árabe y del desarrollo de la industria petrolera y la futura redefinición de la relación entre Abu Dhabi  y la Gran Bretaña.Palabras clave: Abu Dhabi, Gran Bretaña, colonialismo___________________________Abstract:Demands to the British government for supreme jurisdiction over his territory presented by the ruler of Abu Dhabi in 1959 created a diplomatic crisis captured in the internal correspondence of the British government. Sheikh Shakhbout forced the entire bureaucracy that was dealing with the Trucial States – the Foreign Office in London, the British Resident in Bahrain, and the Political and Administrative Agents in Abu Dhabi and Dubai – to reexamine the legality of their presence in the region and the ethical limits of the judicial system imposed on this land.The crisis went beyond the mere discussion over jurisdictional powers. It is also a window into the contradictions linked to the British presence in the region, within the framework of the nascent Arab Nationalist movement and the development of the oil industry . All of which will soon change the nature of the relationship between

A Question of Jurisdiction: Art. 267 TFEU Preliminary References of a CFSP Nature

DEFF Research Database (Denmark)

Butler, Graham

2017-01-01

Can the Court of Justice of the European Union assert jurisdiction and provide a national court with an interpretation of Union law in a case referred to it from a national court under an Art. 267 TFEU preliminary reference, when the subject matter is in regard to the Common Foreign and Security...... Policy (CFSP)? This was one of a number of questions referred to the Court of Justice from the High Court of England and Wales in Rosneft (judgment of 28 March 2017, case C-72/15). In March 2017, the Court of Justice meeting in a Grand Chamber formation, answered this jurisdictional question...... in the affirmative. Given the significance of this judgment for the law of CFSP, and the Opinion of the Advocate General in 2016, this judgment was hotly anticipated given its implications for the “specific rules and procedures” that are applicable to the law of CFSP. As the Court of Justice continues in a line...

Creeping Federalization

DEFF Research Database (Denmark)

Sweeney, Richard J.

2003-01-01

that make taxharmonization difficult to impose. Other types of harmonization have a less clear-cut costbenefitanalysis. A federal commercial code that is uniform across member states reducestransaction and information costs, compared to leaving important code issues to memberstates; further, many states may...

Projected impacts of federal tax policy proposals on mortality burden in the United States: A microsimulation analysis.

Science.gov (United States)

Kim, Daniel

2018-06-01

The public health consequences of federal income tax policies that influence income inequality are not well understood. I aimed to project the impacts on mortality of modifying federal income tax structures based on proposals by two recent United States (U.S.) Presidential candidates: Donald Trump and Senator Bernie Sanders. I performed a microsimulation analysis using the latest U.S. Internal Revenue Service public-use tax file with state identifiers (2008 tax year), containing nationally-representative data from 139,651 tax returns. I considered five tax plan scenarios: 1) actual 2008 tax structures; proposals in 2016 by then-candidates 2) Trump and 3) Sanders; 4) a modified Sanders plan with higher top tax rates (75%); and 5) a modified Sanders plan with higher top rates plus revenue redistribution to lower-income households (Trump and Sanders plans, respectively. Under the modified Sanders plan including higher top rates, 68,919 (95% CI: 25,221-113,561) fewer deaths/year are projected. Under the modified Sanders plan with redistribution, 333,504 (95% CI: 192,897-473,787) fewer deaths/year are expected. Policies that both raise federal income tax rates and redistribute tax revenue could confer large reductions in the total number of annual deaths among Americans. In this era of high income inequality and growing public support to address the rich-poor gap, policymakers should consider joint federal tax and redistributive policies as levers to reduce the burden of mortality in the United States. Copyright © 2017 The Author. Published by Elsevier Inc. All rights reserved.