An Act to amend the act of October 2, 1968, an act to establish a Redwood National Park in the State of California, and for other purposes.
PL 95-250 (H.R.3813), enacted 03/27/1978

PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 163 
Public Law 95-250 
95th Congress 
An Act 
To amend the Act of October 2, 1968, an Act to establish a Redwood National 
Park in the State of California, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of the 
United States of America in Congress 
assemhled, 
T I T L E 
I 
SEC. 101. (a) In order to protect existing irreplaceable Redwood 
National Par-k resources from damaging upslope and upstream land 
uses, to provide a land base sufficient to insure preservation of signifi-
cant examples of the coastal redwood in accordance with the original 
intent of Congress, and to establish a more meaningful Redwood 
National Park for the use and enjoyment of visitors, the Act entitled 
"An Act to establish a Redwood National Park in the State of Cali-
fornia, and for other purposes", approved October 2, 1968 (82 Stat. 
931), is amended as follows: 
(1) In subsection 2(a) after "September 1968," insert "and the area 
indicated as 'Proposed Additions' on the map entitled 'Additional 
Lands, Redwood National Park, California', numbered 167-80005-D 
and dated March 1978,". 
(2) In section 2, subsection (a), delete "fifty-eight thousand" and 
substitute "one liundred and six thousand" and delete the period at the 
end of the subsection and add "and publicly owned highways and 
roads." In section 2, subsex'tion (b), delete "by donation only". At the 
end of section 2, insert the following new subsection " (c)": 
"(c) Within the area outside the boundaries of Redwood National 
Park indicated as the 'Park Protection Zone' on the map entitled 
'Proposed Additions, Redwood National Park, California', numbered 
167-80005-D and dated March 1978, the Secretary is authorized to 
acquire lands and interests in land: Provided, 
That lands may be 
acquired from a willing seller or upon a finding by the Secretary that 
failure to acquire all or a portion of such lands could result in physical 
damage to park resources and following notice to the Committee on 
Energy and Natural Resources of the United States Senate and the 
Committee on Interior and Insular Affairs of the House of Representa-
tives. Any lands so acquired shall be managed in a manner which will 
maximize the protection of the resources of Redwood National Park, 
and in accordance with the Act of October 21, 1976 (90 Stat. 2743). 
Acquisition of a parcel of land under the authority of this subsection 
shall not as a result of such acquisition diminish the right of owners 
of adjacent lands to the peaceful use and enjoyment of their land and 
shall not confer authority upon the Secretary to acquire additional 
lands except as provided in this subsection.". 
(3) In subsection 3(a), delete the period at the end of the second 
sentence and add the following: "which donation of lands or interest 
in lands may be accepted in the discretion of the Secretary subject to 
such preexisting reverters and other conditions as may appear in the 
Mar. 27, 1978 
[H.R. 3813] 
Redwood 
National Park, 
expansion. 
Employment 
program. 
16 use 79a. 
Boundaries. 
16 use 79b. 
Park Protection 
Zone, land 
acquisition. 
Notice to 
congressional 
committees. 
43 use 1701 
note. 
16 use 79c. 
92 STAT. 164 
PUBLIC LAW 95-250—MAR. 27, 1978 
Vested and 
possessory rights 
in certain real 
property. 
16 u s e 79c. 
'"t'-j 
Just 
compensation. 
Jurisdiction. 
16 u s e 79c. 
title to these lands held by the State of California, and such other 
reverters and conditions as may be consistent with the use and manage-
ment of the donated lands as a portion of Redwood National Park. 
Notwithstanding any other provision of law, the Secretary may 
expend appropriated funds for the management of and for the con-
struction, design, and maintenance of permanent improvements on 
such lands and interests in land as are donated by the State of Cali-
fornia in a manner not inconsistent with such reverters and other 
conditions.". 
(4) In subsection 3(b) (1), after "NPS-RED-7114-B", insert "and 
effective on the date of enactment of this phrase, there is hereby vested 
in the United States all right, title, and interest in, and the right to 
immediate possession of, all real property within the area indicated 
as 'Proposed Additions' on the map entitled 'Additional Lands, Red-
wood National Park, California', numbered 167-80005-D and dated 
March 1978, and all right, title, and interest in, and the right to 
immediate possession of the down tree personal property (trees severed 
from the ground by man) severed prior to January 1, 1975, or subse-
quent to January 81, 1978, wnthin the area indicated as 'Proposed 
Additions' on the map entitled 'Additional Lands, Redwood National 
Park, California', numbered 167-80005-D and dated March 1978,". 
At the end of subsection 3(b) (1), insert the following new para-
graphs : "Down tree personal property severed subsequent to December 
31,1974, and prior to February 1,1978 may be removed in accordance 
with applicable State and Federal law, or other applicable licenses, 
permits, and existing agreements, unless the Secretary determines that 
the removal of such down timber would damage second growth 
resources or result in excessive sedimentation in Redwood Creek: 
Provided, hov;erer, That down timber lying in stream beds mnj not 
be removed without permission of the Secretary: Provided, That such 
removal shall also be subject to such reasonable conditions as may be 
required by the Secretary to insure the continued availability of raw 
materials to Redwoods ITnited, Incorporated, a nonprofit corporation 
located in Manila, California. 
"The Secretary shall permit, at existing levels and extent of access 
and use, continued access and use of each acquired segment of the B 
line, L line, M line, and K and K roads by each current affected w^oods 
employer or its successor in title and interest: Provided, That such 
use is limited to forest and land management and protection purposes, 
including timber harvesting and road maintenance. The Secretary 
shall permit, at existing levels and extent of access and use, continued 
access and use of acquired portions of the Bald Hills road by each 
current affected woods employer or its successor in title and interest: 
Provided further. That nothing in this sentence shall diminish the 
authority of the Secretary to otherwise regulate the use of the Bald 
Hills road.". 
(5) In subsection 3(b)(2), delete the last sentence and add the 
following sentences at the end of the paragraph: "Any action against 
the ITnited States with regard to the provisions of this Act and for 
the recovery of just compensation for the lands and interests therein 
taken by the United States, and for the down tree personal property 
taken, shall be brought in the United States district court for the 
district w^here the land is located without regard to the amount claimed. 
The United States may initiate proceedings at any time seeking a 
determination of just compensation in the district court in the manner 
provided by sections 1358 and 1403 of title 28, United States Code, 
and may deposit in the registry of the court the estimated just com-
pensation, or a part thereof, in accordance with the procedure gen-
PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 165 
erally described by section 258a of title 40, United States Code. Interest 
shall not be allowed on such amounts as shall have been paid into the 
court. In the event that the Secretary determines that the fee simple 
title to any property (real or personal) taken under this section is 
not necessary for the purposes of this Act, he may, with particular 
attention to minimizing the payment of severance damages and to 
allow for the orderly removal of down timber, revest title to such 
property subject to such reservations, terms, and conditions, if any, 
as he deems appropriate to carry out the purposes of this Act, and 
may compensate the former owner for no more than the fair market 
value of the rights so reserved, except that the Secretary may not 
revest title to any property for which just compensation has been 
paid; or, the Secretary may sell at fair market value without regard 
to the requirements of the Federal Property and Administrative Serv-
ices Act of 1949, as amended, such down timber as in his judgment 
may be removed without damage to the park, the proceeds from such 
sales being credited to the Treasury of the United States. If the State 
of California designates a right-of-way for a bypass highway around 
the eastern boundary of Prairie Creek Redwood State Park prior to 
October 1, 1984, the Secretary is authorized and directed to acquire 
such lands or interests in lands as may be necessary for such a highway 
and, subject to such conditions as the Secretary may determine are 
necessary to assure the adequate protection of Redwood National Park, 
shall thereupon donate the designated right-of-way to the State of Cal-
ifornia for a new bypass highway from a point south of Prairie Creek 
Redwood State Park through the drainage of May Creek and Boyes 
Creek to extend along the eastern boundary of Prairie Creek Redwood 
State Park within Humboldt County. Such acreage as may be neces-
sary in the judgment of the Secretary for this conveyance, and for a 
buffer thereof, shall be deemed to be a publicly owned highway for 
purposes of section 101 (a)(2) of this amendment effective on the date 
of enactment of this section.". 
(6) In subsection 3(e), delete "sixty days" in the last sentence and 
add the following sentences at the end of the subsection: "Effective on 
the date of enactment of this sentence, there are made available from 
the amounts provided in section 10 herein or as may be hereafter pro-
^'ided such sums as may be necessary for the acquisition of interests 
in land. Effective on October 1,1978, there are authorized to be appro-
priated such sums as may be necessary for the implementation of 
contracts and cooperative agreements pursuant to this subsection: 
Provided., That it is the express intent of Congress that the Secretary 
shall to the greatest degree possible insure that such contracts and 
cooperative agreements provide for the maximum retention of senior 
employees by such owners and for their utilization in rehabilitation 
and other efforts. The Secretary, in consultation with the Secretary of 
Agriculture, is further authorized, pursuant to contract or cooperative 
agreement with agencies of the Federal Executive, the State of Cali-
fornia, any political or governmeaital subdivision thereof, any corpora-
tion, not-for-profit corporation, private entity or person, to initiate, 
provide funds, equipment, and personnel for the development and 
implementation of a program for the rehabilitation of areas within 
and upstream from the park contributing significant sedimentation 
because of past logging disturbances and road conditions, and, to the 
extent feasible, to reduce risk of damage to streamside areas adjacent 
to Redwood Creek and for other reasons: Provided 
further., 
That 
authority to make payments under this subsection shall be effective only 
to such extent or in such amounts as are provided in advance in appro-
Interest. 
Title revestmeiit. 
Down timber, 
sale. 
40 u s e 471 note. 
Highway right-of-
way, land 
acquisition. 
Land acquisition, 
availability of 
funds. 
16 u s e 79c. 
16 u s e 79]. 
i 
eontracts and 
agreements, 
appropriation 
authorization. 
Retention of 
senior employees. 
Land 
rehabilitation, 
contracts and 
cooperative 
agreements. 
92 STAT. 166 
PUBLIC LAW 95-250—MAR. 27, 1978 
Erosion and 
sedimentation 
study. 
16 u s e la-1. 
16 u s e lb, Ic. 
16 use 1. 
Effective date. 
16 u s e 79c-l. 
16 u s e 79a. 
16 u s e 79c. 
Economic impact 
study. 
16 u s e 79k. 
priation Acts. Such contracts or cooperative agreements shall be sub-
ject to such other conditions as the Secretary may determine necessary 
to assure the adequate protection of Redwood National Park generally, 
and to provide employment opportunities to those individuals affected 
by this taking and to contribute to the economic revival of Del Norte 
and Humboldt Counties in northern California. The Secretary shall 
undertake and publish studies on erosion and sedimentation ori^nat-
ing within the hydrographic basin of Redwood Creek with particular 
effort to identify sources and causes, including differentiation between 
natural and man-aggravated conditions, and shall adapt his general 
management plan to benefit from the results of such studies. The 
Secretary, or the Secretary of Agriculture, where appropriate, shall 
also manage any additional Federal lands under his jurisdiction that 
are within the hydrographic basin of Redwood Creek in a manner 
which will minimize sedimentation which could affect the park, and 
in coordination with plans for sediment management within the basin. 
To effectuate the provisions of this subsection, and to further develop 
scientific and professional information and data concerning the Red-
wood Forest ecosystem, and the various factors that may affect it, the 
Secretary may authorize access to the area subject to this subsection by 
designated representatives of the United States.". 
(b) The first section of the Act of August 18, 1970 (84 Stat. 825), 
is amended by adding the following: "Congress further reaffirms, 
declares, and directs that the promotion and regulation of the various 
areas of the National Park System, as defined in section 2 of this Act, 
shall be consistent with and founded in the purpose established by the 
first section of the Act of August 25, 1916, to the common benefit of 
all the people of the United States. The authorization of activities 
shall be construed and the protection, management, and administra-
tion of these areas shall be conducted in light of the high public value 
and integrity of the National Park System and shall not be exercised 
in derogation of the values and purposes for which these various 
areas have been established, except as may have been or shall be 
directly and specifically provided by Congress.". 
(c) Notwithstanding any provision of the Act of October 2, 1968, 
supra, the vesting in the United States of all right, title, and interest 
in, and the right to immediate possession of, all real property and all 
down tree personal property within the area indicated as "Proposed 
Additions" on the map entitled "Additional I^ands, Redwood National 
Park, California," numbered 167-8(X)05-D and dated March 1978, as 
established by subsection (a) (4) of the first section of this Act, shall 
be effective on the date of enactment of this section. The provisions 
of subsection 3(b) (3) of the Act of October 2, 1968, supra, shall also 
relate to the effective date of this section. From the appropriations 
authorized for fiscal year 1978 and succeeding fiscal years such sums 
as may be necessary may be expended for the acquisition of lands and 
interests in lands, and down tree personal property, authorized to be 
acquired, or acquired, pursuant to the provisions of this Act. 
SEC. 102. (a) The Secretary, in consultation with the Secretaries of 
Agriculture, Commerce, and Labor, shall conduct an analysis of appro-
priate Federal actions that may be necessary or desirable to mitigate 
any adverse economic impacts to public and private segments of the 
local economy, other than the owners of properties taken by this Act, 
as a result of the addition of property to Redwood National Park 
under the first section of this Act. The Secretaries shall also consider 
the benefits of making grants or entering into contracts or cooperative 
agreements with the State of California or Del Norte and Humboldt 
PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 167 
Counties as provided by subsection (b) for the purpose of development 
and implementation of a program of forest resource improvement 
and utilization, including, but not limited to, reforestation, erosion 
control, and other forest land conservation measures, fisheries and fish 
and wildlife habitat improvements, and wood energy facilities. Not 
later than January 1, 1979, the Secretary shall submit to the Speaker 
of the House of Representatives and the President of the Senate a 
report of his analysis, including his recommendations with respect to 
actions that should be taken to mitigate any significant short-term and 
long-term adverse effects on the local economy caused by such addition. 
(b) The Secretary of Commerce and the Secretary of Labor, in 
consultation with the Secretary, and pursuant to his study, shall apply 
such existing programs as are necessary and appropriate to further 
mitigate identified employment and other adverse economic impacts 
on public and private segments of the local economy, other than with 
regard to the payment of just compensation to the owners of prop-
erties taken by this Act and by the Act of October 2, 1968, supra. In 
addition to the land rehabilitation and employment provisions of this 
Act, which should have a substantial positive economic effect on the 
local economy, the Secretaries of Commerce and Labor are further 
authorized and directed to implement existing authorities to estab-
lish employment programs, pursuant to such grants, contracts and 
cooperative agreements with agencies of the Federal Executive, the 
State of California, any political or governmental subdivision thereof, 
any corporation, not-for-profit corporation, private entity or person, 
for the development and implementation of such programs, as, in the 
discretion of the Secretaries of Commerce and Labor, may be neces-
sary to provide employment opportunities to those individuals affected 
by this taking and to contribute to the economic revival of Del Noite 
and Humboldt Counties, in northern California. Effective on Octo-
ber 1, 1978, there are authorized such sums as may be necessary to 
carry out the employment and economic mitigation provisions of this 
Act: Provided^ That the authority to make payments under this sec-
tion shall be effective only to such extent or in such amounts as are 
provided in advance in appropriation Acts. 
(c) The Secretary of Agriculture within one year after the date 
of enactment of this Act, shall prepare and transmit to Congress a 
study of timber harvest scheduling alternatives for the Six Kivers 
National Forest, Such alternatives shall exclude the timber inventories 
now standing on units of the Wilderness Preservation System and 
shall be consistent with laws applicable to management of the national 
forests. In developing the alternatives, the Secretary shall take into 
consideration economic, silvicultural, environmental, and social factors. 
Report, submittal 
to Congress. 
Employment and 
economic 
mitigation 
programs. 
16 u s e 79a, 
Appropriation 
authorization. 
Timber harvest 
study, Six Rivers 
National Forest. 
16 u s e 79k note. 
Transmittal to 
Congress. 
PREFERENTIAL 
HIRING 
SEC. 103. (a) In order to utilize the skills of individuals presently 16 USC 79/. 
working in the woods and in the mills to the greatest degree possible 
to both ease the personal economic effects of this taking, and to assist 
in the necessary rehabilitation, protection, and improvement of lands 
acquired by this Act through implementation of sound rehabilitation 
and land use practices, the Secretary shall have power to appoint and 
fix the compensation of seven full-time and thirty-one temporary per-
sonnel to assist in carrying out such programs necessary for the pro-
tection and enhancement of Redwood National Park. In filling these 
positions, preference shall be given to affected employees (as defined 
m title II of this Act) for a period ending on September 30, 1984, 
notwithstanding applicable civil service laws and regulations. 
92 STAT. 168 
PUBLIC LAW 95-250—MAR. 27, 1978 
Civilian jobs. 
Notice, job 
availability. 
Consideration for 
employment, 
conditions. 
(b) In order to effectively administer the expanded Redwood 
National Park created by this Act in a manner that will provide maxi-
mum protection to its resources and to provide for maximum visitor 
use and enjoyment to ease the local economic effects of this taking, the 
Secretary shall have power to appoint and fix the compensation of two 
full-time and twenty temporary employees in the competitive service. 
In filling these positions, preference shall be given to affected 
employees (as defined in title II) for a period ending on September 30, 
1984, notwithstanding applicable civil service laws and regulations. 
The Secretary shall further have power to appoint and fix the com-
pensation of an additional thirty-two full-time and forty temporary 
employees in the competitive service as provided by this subsection 
at the time of the donation of those park lands or interests in land 
owned by the State of California as are within the boundaries of Red-
wood National Park as provided herein. In filling these positions, 
preference shall be given to those State employees affected by this 
transfer for a period not to exceed six years from the date of transfer; 
permanent State civil service employees shall be provided the oppor-
tunity to transfer to a comparable Federal civil service classification 
notwithstanding applicable civil service laws and regulations. 
(c) An affected employee shall be given full consideration for cer-
tain civilian jobs as provided in this section both with the Federal 
Government and with those private employers that have certain under-
takings or programs that involve Federal participation or approval 
for the period beginning on the date of enactment of this Act and 
ending September 30, 1984, if the positions will be primarily located 
in Humboldt or Del Norte Counties or other counties in California 
adjacent thereto, and if the employee is otherwise qualified under this 
section. 
(d)(1) Any Federal agency that is creating or filling a civilian 
Federal job that is within the scope of clause (2) (A) of this sub-
section, pursuant to contract, civil service merit system, or otherwise, 
that will be primarily located in Humboldt or Del Norte Counties, 
California, or other counties in California adjacent thereto, must pro-
vide notice in advance of the availability of that job and must pro-
vide qualified affected employee applicants for these positions with 
full consideration for these positions if the further conditions set 
forth in clause (2) (B) of this subsection are met. The notice required 
by this paragraph shall be as provided by applicable law and regu-
lation through the offices of the Employment and Training Services 
located in Humboldt and Del Norte Counties, California, and through 
such other means as are likely to gain the attention of affected 
employees. 
(2) Consideration for employment under this section shall be pro-
vided under the following conditions: 
(A) the job involves skills and training that could reasonably 
be expected to have been gained by individuals who have been 
employed as logging and related w^oods employees or sawmill, 
plywood, and other wood processing employees, or office employ-
ees, or that can reasonably be expected to be gained while so 
employed, or pursuant to retraining as provided herein; and 
(B) the applicant has the ability, or can reasonably be expected 
to have the ability after appropriate training of reasonable dura-
tion as further provided herein, to perform the duties of the job: 
Provided, That the full consideration shall not be required with 
respect to those affected employee applicants requiring training 
PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 169 
in a situation where the schedule for completion of the work is 
. such that the period during which said employee can reasonably 
be expected to work following completion of training is deter-
mined by the Secretary to be incommensurate with the time and 
funds required to provide said employee with the necessary 
jiSi^*.!«:.*:.« 
training. 
(e) (1) Any Federal agency involved in the manner provided herein Private 
with a private employer responsible for filing an employment position employers, 
that is within the scope of clause (2) (A) of subsection (d), above, that 
will be primarily located in Humboldt or Del Norte Counties, or other 
counties in California adjacent thereto, is directed to require that any 
,,^ 
. 
Federal contracts, grants, subsidies, loans, or other forms of funding 
•. . 
assistance, and any Federal lease, permit, license, certificate, or other 
J : -'-
entitlement for use, not constituting an existing property right as of 
the date of enactment of this Act, that is a condition to or a requirement 
of the conduct of harvesting and related activities or replanting and 
land rehabilitation or the conduct of wood processing and related 
activities or the conduct of highway construction and related activities 
shall be subject to and conditioned upon said private employer giving 
full consideration to affected employees as provided herein. 
(2) Any private employer who participates with a Federal agency 
in the manner described above and who is, accordingly, subject to the 
, , j ,, .; 
requirements as provided herein, shall— 
(A) provide notice of the availability of those jobs described 
in subsection (d)(2)(A) in the manner generally provided by 
subsection (d) (1); and 
(B) provide full consideration to qualified affected employee 
applicants for these positions if the further conditions estab- 
R
J
- .. 
lished by clause (2) (B) of subsection (d) are met. 
(f) The Secretary is directed to seek and authorized to enter into Employer 
agreements with affected employers and industry employers providing agreements, 
that full consideration shall be given with respect to the employment 
of affected employees who had been employed by affected employers 
,^ . 
in jobs that may become available in Humboldt and Del Norte Counties 
and other counties adjacent thereto. The execution and carrying out 
of such an agreement, or the giving of full consideration to the employ-
ment of affected employees under subsection (c) of this section, shall 
not subject an employer to any additional liability or obligations under 
any Federal or State equal employment law, rule, regulation, or order. 
(g) (1) The Secretary, except as otherwise provided, shall be respon-
sible for the implementation of this section and— 
(A) is authorized and directed to make needed training avail- Training, 
able, upon application, to an affected employee applicant who, 
although not presently qualified for a position, can be reasonably 
expected to be qualified after appropriate training; 
„
^ 
(B) is authorized to take such actions as may be necessary to 
' 
,,.,• ., ,•, 
ensure that an affected employee is not denied full consideration 
...-n 
because of the need for training where there is no substantial 
'" '•'•• = 
reason to believe that the applicant would be unable to perform 
the duties of the job after proper training. If the job is one which 
must be filled while the affected employee would be in training, 
the Secretary shall encourage the employer to fill the job only on 
a temporary basis subject to the successful completion of the 
training by the affected employee ; 
(C) shall require that, in a case in which two or more affected Greatest 
creditable service 
preference. 
92 STAT. 170 
PUBLIC LAW 95-250—MAR. 27, 1978 
Noncompliance. 
Job opening, 
agency 
notiHcation. 
Union liaison. 
Judicial review. 
19 use 2322. 
Annual report, 
submittal to 
Congress. 
16 u s e 79m. 
i 
employee applicants have approximately equal qualifications for 
a job for which they are to receive full consideration, that appli-
cant with the greatest creditable service shall be given preference 
among those applicants entitled to full consideration; and 
(D) upon the filing of a complaint by an employee who alleges 
that said employee's rights to full consideration were disregarded, 
the Secretary shall make a finding on the merits of such complaint. 
If it is determined that there has been noncompliance with this 
section, the Secretary shall take such action as may be appropriate 
to correct the situation. 
(2) To assist in implementing this section, agencies shall notify the 
Secretary, in advance, of any job opening as provided for by subsec-
tion (d) and of any Federal commitment as provided for by sub-
section (e). 
(3) The Secretary shall— 
' 
(A) seek the cooperation of the State of California and the 
county and local governments within Humboldt and Del Norte 
Counties in the implementation of the provisions of this section 
and in the adoption of similar provisions for full consideration of 
affected employees with regard to State, county, and local jobs 
and activities; and 
(B) appoint, from among nominees proposed by certified or 
recognized unions representing employees, a person or persons 
who shall serve as the Secretary's liaison with employees and their 
union and as consultant to the Secretary with regard to the 
administration of those provisions of this Act for which the Secre-
tary is responsible, 
(h) An employee, a group of employees, a certified or recognized 
union, or an authorized representative of such employee or group, 
aggrieved by any determination by the Secretary under this Act shall 
be entitled to judicial review of such determination in the same man-
ner and under the same conditions as provided by section 250 of The 
Trade Act of 1974 (88 Stat. 2029). 
(i) Nothing in this section shall be construed to affect any addi-
tional or alternative rights under a law, regulation, or contract 
(including, but not limited to, veteran preference and contracts be-
tween private employers and unions) in effect as of the date of enact-
ment of this Act, and the implementation of this section shall be carried 
out in accord with applicable civil service laws and regulations except 
as otherwise provided for in this section. Employees appointed to Fed-
eral jobs pursuant to this section shall have their compensation fixed at 
rates not to exceed that now or hereafter prescribed for the highest 
rate of grade 15 of the General Schedule under section 5332 of title 5, 
United States Code. 
SEC. 104. (a) The Secretary shall submit an annual written report 
to the Congress on January 1, 1979, and annually thereafter for ten 
years, reporting on the status of payment by the Secretary for real 
property acquired pursuant to section 101(a) (4) and section 101(a) 
(2) of this amendment; the status of the actions taken regarding land 
management practices and watershed rehabilitation efforts author-
ized by section 101(a) (6) and section 102(b) of this amendment; the 
status of the efforts to mitigate adverse economic impacts as directed 
by this Act; this status of National Park Service employment require-
ments as authorized by section 103 of this amendment; the status of 
the new bypass highway and of the agreement for the donation of the 
PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 171 
State park lands as contemplated by section 101(a) (5) of this amend-
ment; and, the status of the National Park Service general manage-
ment plan for the park. 
(b) No later than January 1, 1980, the Secretary shall submit to 
the Committee on Interior and Insular Affairs of the House of Repre-
sentatives, and to the Committee on Energy and Natural Resources 
of the Senate, a comprehensive general management plan for Red-
wood National Park, to include but not be limited to the following: 
(1) the objectives, goals, and proposed actions designed to 
assure the preservation and perpetuation of a natural redwood 
forest ecosystem; 
(2) the type and level of visitor use to be accommodated by the 
park, by specific area, with specific indications of carrying capac-
ities consistent with the protection of park resources; 
(3) the type, extent, and estimated cost of development pro-
posed to accommodate visitor use and to protect the resource, to 
include anticipated location of all major development areas, roads, 
and trails; and 
(4) the specific locations and types of foot trail access to the 
Tall Trees Grove, of which one route shall, unless shown by the 
Secretary to be inadvisable, principally traverse the east side of 
RedAvood Creek through the essentially virgin forest, connecting 
with the roadhead on the west side of the park east of Orick. 
SEC. 105. Effective on October 1, 1978, there are hereby authorized 
to be appropriated $33,000,000 to carry out the rehabilitation provi-
sions of this Act. 
SEC. 106. (a) Notwithstanding any contrary provision of the Act 
entitled "An Act to provide for certain payments to be made to local 
governments by the Secretary of the Interior based upon the amount 
of certain public lands within the boundaries of sucli locality", 
approved October 20,1976 (90 Stat. 2662), the Secretary is authorized 
and directed to make payments on a fiscal year basis to each unit of 
local government, in the manner provided by the Act of October 20, 
1976, in wliich lands owned by the United States within Redwood 
National Park are located. Such payments may be used for any gov-
ernmental purpose. The amount of such payments shall be computed 
as provided in subsections (b) and (c). 
(b) Payment made for any fiscal year to a unit of local government 
shall include that amount determined pursuant to the provisions of 
section 2 of the Act of October 20, 1976, 
(c) Payment made for any fiscal year to a unit of local government 
shall also include that amount determined pursuant to the provisions 
of section 3 of the Act of October 20, 1976: Provided^ however^ That 
any amount computed as provided by section 3(c) (1) of the Act of 
October 20, 1976, but not paid because of the limitation of subsection 
(c) (2) and subsection (d) of that section shall be carried forward 
and shall be applied to future years in which this portion of tlie total 
payment would not otherwise equal the amount of real property taxes 
assessed and levied on such property during the last full fiscal year 
before the fiscal year in which such land or interest was acquired for 
addition to Redwood National Park until such amount is exhausted. 
(d) The Redwoods Community College District shall be considered 
as an affected school district for purpose of section 3(a) of the Act 
of October 20, 1976, as amended herein. 
SEC. 107. The Secretary is further authorized, and the Congress 
specifically directs that it shall be a purpose of this Act, that the com-
General 
management 
plan, submittal to 
congressional 
committees. 
Appropriation 
authorization. 
16 u s e 79n. 
Payments to local 
governments. 
16 u s e 79o. 
31 u s e 1601. 
31 u s e 1602. 
31 u s e 1603. 
Payment carry 
forward. 
31 u s e 1602. 
31 u s e 1602. 
Redwoods 
United, Inc., 
Manila, Calif. 
16 u s e 79p. 
39-194 O—80—pt. 1 
15 : QL3 
92 STAT. 172 
PUBLIC LAW 95-250—MAR. 27, 1978 
munity services and employment opportunities provided by Eedwoods 
United, Incorporated, a nonprofit corporation located in Manila, Cali-
fornia, shall be maintained at the present rate of employment to the 
greatest degree practicable. 
J«8t 
SEC. 108. The Congress further acknowledges and directs that the 
coppejfation. 
fuH faith and credit of the United States is pledged to the prompt 
16 use 79q. 
payment of just compensation as provided for by the fifth amendment 
to the Constitution of the United States for those lands and properties 
taken by this Act. 
16 use 79k note. 
SEC. 109. Unless otherwise indicated hereinbefore, a reference to the 
Secretary will refer to the Secretary of the Department of the Interior, 
except in subsections 103(d) through 103(i), where a reference to the 
Secretary will refer to the Secretary of the Department of Labor. 
TITLE II 
DETINITIONS 
SEC. 201. As used in this title, the term— 
(1) "Secretary" unless otherwise indicated, means the Secre-
tary of the Department of Labor; 
(2) "expansion area" means the area indicated as "Proposed 
Additions" (exclusive of the park protection zone) on the map 
entitled "Additional Lands, Redwood National Park, Humboldt 
\. ^.,', . 
County, California", numbered 167-80005-D and dated March 
.. • - 
1978. The number of acres authorized to be included within the 
expansion area is forty-eight thousand acres, as further provided 
herein; 
(3) "employee" means a person emplcr^ed by an affected 
employer and, with such exceptions as the Secretary may deter-
mine, in an occupation not described by section 13(a) (1) of the 
Fair Labor Standards Act (29 U.S.C. 213(a)(1)); 
(4) "contract employees" are employees performing work pur-
suant to a contract or agreement for services within or directly 
related to the expansion area between an affected contract 
employer and an affected woods employer; 
(5) "industry employer" means a corporation, partnership, 
joint venture, person, or other form of business entity (including 
a predecessor or successor by purchase, merger, or other form of 
acquisition), of which a working portion or division is an affected 
'^ 
' 
employer; 
(6) "affected employer" means a corporation, partnership, joint 
, , J. 
venture, person, or other form of business entity (including a 
' ' '. 
predecessor or a successor by purchase, merger, or other form of 
'
^ .r,-; 
acquisition), or a working portion or division thereof, which is 
5 . 
engaged in the harvest of timber or in related sawmill, plywood, 
and other wood processing operations, and which meets the qualifi-
cations set forth in the definition of affected woods employer, 
affected mill employer, or affected contract employer; 
(7) "affected woods employer" means an affected employer 
engaged in the harvest of redwood timber who owns at least 3 
per centum of the number of acres authorized to be included 
within the expansion area on January 1, 1977, and on the date of 
enactment of this section: Provided^ That an affected woods 
- ' 
"
, " 
employer shall be only that major portion or division of the indus-
''' "'•' "
^
^ 
try employer directly responsible for such harvesting operations; 
PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 173 
(8) "affected mill employer" means an affected employer 
engaged in sawmill, plywood, and other wood processing opera-
tions in Humboldt or Del Norte Counties in the State of Cali-
fornia who has either (A) obtained 15 per centum or more of 
its raw wood materials directly from affected woods employers 
during calendar year 1977, or (B) is a wholly owned mill of an 
affected woods employer: Provided^ That an affected mill 
employer shall be only that major portion or division of the 
industry employer directly responsible for such wood processing 
operations; 
(9) "affected contract employer" means an affected employer 
providing services pursuant to contract with an affected woods 
employer, if at least 15 per centum of said employer's employee-
hours worked during calendar year 1977 were within or directly 
related to the expansion area pursuant to such contract or 
contracts; 
(10) "covered employee" means an employee who— 
(A) had seniority under a collective bargaining agree-
ment with an affected employer as of May 31, 1977, has at 
least twelve months of creditable service as of the date of 
enactment of this section, and has performed work for one 
or more affected employers on or after January 1, 1977, or 
(B) has performed work for one or more affected employ-
ers for at least one thousand hours from January 1, 1977, 
through the period to the date of enactment of this section, 
and has a continuing employment relationship with an 
affected employer, as determined by the Secretary, as of 
the date of enactment of this section or, if laid off on or after 
May 31, 1977, had such a relationship as of the date of 
such layoff; 
(11) "affected employee" means a covered employee who is 
either totally or partially laid off by an affected employer within 
a time period beginning on or after May 31, 1977, and ending 
September 30, 1980, unless extended, as provided in section 203, 
or is determined by the Secretary to be adversely affected by 
the expansion of the Eedwood National Park. An employee shall 
be deemed adversely affected as of the date of the employee's 
layoff, downgrading, or termination; 
(12) "total layoff" means a calendar week during which affected 
employers have made no work available to a covered employee 
and made no payment to said covered employee for time not 
worked, and "partial layoff" means a calendar week for which 
all pay received by a covered employee from affected employers 
is at least 10 per centum less than the layoff or vacation replace-
ment benefit that would have been payable for that week had 
said covered employee suffered a total layoff: Provided^ That the 
terms "total layoff" and "partial layoff" shall also apply to a 
covered employee who had received any workers' compensation 
benefits or unemployment compensation disability benefits after 
said covered employee becomes able to work and available for 
work and is otherwise within the meaning of total layoff and 
partial layoff as defined in this paragraph; 
(13) "Federal agency" has the same meaning as "agency" in 
section 552 (c) of title 5, United States Code; 
(14) "suitable work" shall be defined— 
5 USC 551. 
92 STAT. 174 
PUBLIC LAW 95-250—MAR. 27, 1978 
(A) as set forth in the California Unemployment Insur-
ance Code, or Federal law if applicable, unless otherwise 
more restrictively defined by the Secretary, taking into 
account the unique characteristics of logging and related 
work; and 
(B) with respect to an employee who has completed retrain-
ing paid for by the Secretary, as a job paying no less than the 
prevailing wage rate in the area for the occupation for which 
said employee was retrained; or 
(C) as a job comparable with that which said employee 
would be required to accept pursuant to the seniority provi-
sions of the applicable collective-bargaining agreement (or, 
if not covered by such an agreement, in accordance with the 
usual practice of the affected employer); 
(15) "seniority" with respect to an employee covered by a col-
lective-bargaining agreement with an affected employer, shall be 
determined as provided in such agreement and shall be deemed 
to refer to company seniority, if the agreement provides for such 
seniority and, otherwise, to plant seniority; 
(16) "continuous service" with respect to employees not having 
seniority under a collective-bargaining agreement with an affected 
employer or an industry employer shall mean a period of time 
measured in months equal to the sum of all hours during which the 
employee performed work for said employer plus all hours for 
which the employee received pay for time not worked divided by 
one hundred and seventy-three; 
(17) "performed work" shall include any time during which 
an employee worked for an affected employer or with respect to 
which an employee received pay from such an employer for time 
not worked, and shall also include any time during which an 
employee would have been at work for such an employer if not 
for service in the armed forces, for a leave (approved by the 
employer) for work with an employee organization, or for a dis-
ability for which said employee received workers' compensation, 
disability compensation benefits provided under California law, or 
social security disability pension benefits: Provided, That contract 
employees shall be deemed to have performed work during the 
period of such service or disability only if— 
(A) the employee worked within or directly related to 
the expansion area immediately prior to the occurrence of 
such service or disability and 
(B) the employee returned or sought to return to work 
for an affected contract employer immediately after the end 
of the service or disability if that was prior to the date of 
enactment. 
The term "work performed", when used in relation to a period 
of time, shall also be deemed to include any period during which 
an employee is deemed to have performed work; 
(18) "terminal pay" means the payments to employees pro-
vided for in sections* 207, 208, and 209 which, regardless of the 
designations used herein to distinguish among them are intended 
and shall be deemed to be severance pay and, as such, shall be 
treated for Federal income tax and State unemployment insur-
ance purposes in the same manner as is provided by California 
State law; 
Terminal pay 
(19) Notwithstanding any other provision of this Act, the Sec-
reductions, 
retary shall reduce the amount of terminal pay for an employee, 
PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 175 
as calculated pursuant to section 207, 208, or 209, by the amount 
of the Federal and State income taxes which would be required to 
be withheld by an employer from wages equal to such terminal 
pay if paid to an employee with the same number of income tax 
exemptions as the recipient. For purposes of determining the 
amounts of such reductions with respect to severance payments 
made pursuant to sections 208 and 209, said severance payments 
shall be prorated over the number of weeks the equivalent sums 
would have been paid if the employees were eligible for and claim-
ing the weekly layoff benefits provided in section 207. The Secre-
tary shall withhold social security contributions from terminal 
pay in the same amounts as would be withheld if such pay (before 
the reductions provided for in this subsection) were wages and 
the Secretary shall make contributions on behalf of employees 
receiving terminal pay to the trust funds created under section 
201 of the Social Security Act equal to the contributions required 
to be made by an employer paying wages equal to such unreduced 
terminal pay; and 
(20) "Sixty-fifth birthday" means the last day of the month 
in which the sixty-fifth birthday occurs. 
SEC. 202. The Secretary is authorized to develop the necessary pro-
cedures to implement this title. 
42 use 401. 
AFFECTED EMPLOYEES 
SEC. 203. The total or partial layoff of a covered employee employed 
by an affected employer during the period beginning May 31, 1977, 
and ending September 30,1980, other than for a cause that would dis-
qualify an employee for unemployment compensation, except as pro-
vided in section 205, is conclusively presumed to be attributable to the 
expansion of Redwood National Park: Provided, That the Secretary 
may, for good cause, extend this period for any group of covered 
employees by no more than one year at a time after September 30, 
1980. Any covered employee laid off during that period by an affected 
employer shall be considered an affected employee at any time said 
employee is on such layoff within the period ending September 30, 
1984, or, if earlier, the end of said employee's period of protection as 
defined herein: Provided, however, That the number of affected 
employees with respect to an affected contract employer shall be limited 
in any week to that number of such employees otherwise affected as 
provided herein that is equal to the percentage of the affected 
employer's employee hours during calendar year 1977 that were worked 
within or directly related to the expansion area. 
SE(\ 204. (a) The Secretary shall provide, to the maximum extent 
feasible, for retention and accrual of all rights and benefits which 
affected employees would have had in an employment with affected 
employers during the period in which they are aft'ected employees. The 
Secretary is authorized and shall seek to enter into such agreements 
as he may deem to be appropriate with affected employees and employ-
ers, labor organizations representing covered employees, and trustees 
of applicable pension and Avelfare funds, or to take such other actions 
as he deems appropriate to provide for affected employees (including 
the benefits provided for in section 207(d)) the following rights and 
benefits: 
(1) retention and accrual of seniority rights, including recall 
rights (or, in the case of employees not covered by collective-
bargaining agreements, application of the same preferences and 
Employee rights 
and benefits. 
92 STAT. 176 
PUBLIC LAW 95-250—MAR. 27, 1978 
42 use 1395. 
Payments to 
pension and 
welfare trust 
funds. 
29 use 1001 
note. 
29 u s e 186. 
29 u s e 1001 
note. 
Filing date. 
Layoff and 
vacation 
replacement 
benefits, 
eligibility 
requirements. 
privileges based upon length of continuous service as are applied 
< 
under the affected employer's usual practices) under conditions 
' 
no more burdensome to said employees than to those actively 
employed; and 
(2) continuing entitlement to health and welfare benefits and 
accrual of pension rights and credits based upon length of 
employment and/or amounts of earnings to the same extent as and 
at no greater cost to said employees than would have been appli-
cable had they been actively employed. 
(b) The Secretary shall provide, additionally, for continuing entitle-
ment to health and welfare benefits (other than group life and addi-
tional death, dismemberment, and loss of 
sight benefits) 
for 
employees who— 
(1) retired from employment with an affected employer for 
reasons other than disability on or after May 31, 1977, but not 
i 
later than September 30,1984; 
(2) are receiving pension benefits under a plan financed by 
industry employers; 
(3) were age sixty-two or older but less than age sixty-five at 
the time of retirement; and 
(4) are not eligible for benefits under title XVIII of the Social 
Security Act. 
(c) The agreements described in subsection (a) of this section shall 
provide for the Secretary, effective October 1,1977, to make payments 
on behalf of eligible affected employees including employees eligible 
for the benefits provided for in section 207(d) to the applicable pen-
sion and welfare trust funds and to insurance companies. Such pay-
ments may be made in the form of grants and/or contributions 
equivalent to the difference between the amounts payable by their 
affected employers and labor organizations pursuant to collective-bar-
gaining agreements (or, in the absence of such agreements, pursuant to 
established practice) and the amounts that would have been paid by 
their affected employers and their labor organizations had said 
employees worked or received pay for the periods for w^hich they 
receive layoff benefits: Provided^ That no payment shall be made to a 
pension fund on behalf of an employee who is receiving a pension from 
such fund. For purposes of determining the amounts of contributions 
calculated on the basis of worked or compensable hours, layoff and 
vacation replacement benefits shall be converted into the hours they 
represent in accordance with regulations to be issued by the Secretary. 
(d) No person shall be subject to liability under the Employee 
Ketirement Income Security Act of 1974, section 302 of the Labor-
Management Relations Act, 1947, or any other law, solely by reason of 
the receipt of payments from the Secretary or the payment of benefits 
to affected employees in accordance with this section. Receipt of such 
payments and the payment of such benefits are deemed to be consistent 
with any relevant plan documents. No action taken pursuant to this 
section shall be deemed to place the Secretary in the position of an 
employer or a party in interest (including a fiduciary) for purposes of 
the Employee Retirement Income Security Act of 1974. 
SEC. 205. (a) An application for unemplovment compensation filed 
by a covered employee on or after the first Monday following the date 
of enactment shall be deemed an application for the benefits provided 
by this Act. 
(b) An affected employee shall be eligible (unless said employee has 
received a social security retirement or disability benefit or a pension 
under a plan contributed to by an affected employer) for layoff and 
PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 177 
vacation replacement benefits, as defined herein, effective the first Mon-
day following the date of enactment, for each week of total or partial 
layoff if, with respect to said week, said employee— 
(1) is registered with the United States Employment and Train-
ing Service in Humboldt or Del Norte Counties or one of the 
adjacent counties in the State of California or at such other loca-
tion as the Secretary may designate; 
(2) is eligible for unemployment compensation benefits under 
the California Unemployment Insurance Code: Provided^ That 
the Secretary is authorized and directed to provide for the pay-
ment of benefits under this title to an affected employee who is 
held ineligible or is disqualified for benefits under said code solely 
because of one or more of the following reasons: insufficient base 
period earnings; exhaustion of benefit rights; earnings in excess of 
the amount which would entitle the employee to a partial benefit 
for the week; the waiting week requirement; unavailability for 
work because of jury duty, National Guard duty, retraining 
authorized, financed or approved by a public agency, or because 
of a similar reason as determined by the Secretary; refusal of 
work which is not "suitable work'" as defined in section 201(14); 
receipt of a worker's compensation or other benefit for partial 
disability w^hich the employee would be entitled to receive while 
working; and any other cause of ineligibility with respect to which 
the Secretary determines that, under the circumstances, it would 
be unreasonable or otherwise contrary to the purpose of this Act to 
deny said employee a benefit provided for herein; and 
(3) the employee's period of protection has not been exhausted 
or otherwise ended by acceptance of a severance payment. 
SEC. 206, (a) The period of protection for an affected employee shall 
start wdth the beginning of the first week for which said employee is 
eligible to receive a layoff or vacation replacement benefit as provided 
by this title, and shall continue until the earliest of (i) the date said 
employee accepts a severance payment provided for below, (ii) a 
period equal to the length of the employee's creditable service is 
exhausted, or (iii) said employee's sixty-fifth birthday. Ixv no event 
shall such period extend beyond September 30, 1984, except as pro-
vided by subsection (d) of section 207. 
(b) Creditable service shall be computed as follows: 
(1) a period equal to the length of an employee's seniority (or 
continuous service as defined herein) with said employee's last 
affected employer as of the date said employee's period of pro-
tection begins; plus 
(2) a period equal to the sum of all prior periods during which 
the employee had seniority (or continuous service) with the same 
affected employer and with other industry employers: Provided^ 
That if such seniority was broken (or such continuous service 
was interrupted) for more than three consecutive years for any 
• reason other than employment with other affected or industry 
• 
employers, periods of service in the Armed Forces or disabilities 
for which said employee received any workers' compensation 
benefits, unemployment compensation disability benefits, or dis-
ability benefits under the Social Security Act, any periods of 
seniority (or continuous service) prior to the break in seniority 
(or interruption in continuous service) shall be disregarded. 
(c) If necessary, in order to establish an employee's creditable serv-
ice, the Secretary shall request authorization to examine said em-
ployee's social security wage record and shall compute such service 
from it by a method to be prescribed by regulation. 
Payments to 
ineligible or 
disqualified 
employees. 
Protection 
period. 
Creditable 
service, 
computation. 
92 STAT. 178 
PUBLIC LAW 95-250—MAR. 27, 1978 
Weekly layoff 
benefit, 
computation. 
Seasonal 
employees, 
classification, 
benefit 
computation. 
SEC. 207. (a) Except as further provided in this section, the amount 
of an eligible employee's weekly layoff benefit shall be equal to (1) 
the annual average of all hours of work performed by said employee 
for the last affected employer or whom the employee worked prior to 
the date of enactment of this section during those three of the five 
calendar years immediately preceding said date during which such 
hours were greatest, counting hours paid for at time and a half and 
double time as one and one-half and two hours, respectively, multi-
plied by (2) the wage rate applicable, during the week for which the 
benefit is payable, to the highest paid job held by said employee, 
other than by temporary assignment, with said affected employer dur-
ing the period from January 1, 1977, through the date of enactment 
of this section, and divided by (3) fifty-two. 
(b) The weekly benefit amount for an eligible employee with less 
than five calendar years of employment with one affected employer 
immediately prior to the enactment date shall be equal to the lessor 
of— 
(1) the average benefit that would be payable with respect to 
the same week to those covered employees (if they were eligible 
in the same week) who had five or more calendar years of 
employment with the same affected employer (in accord with sub-
section (a) of this section) whose benefit amounts are computed 
on the basis of the wage rate for a job the same as, or most similar 
to, the highest paid job said employee had held, other than by 
temporary assignment, with said affected employer during the 
period from January 1, 1977, through the date of enactment of 
this section, or 
(2) an amount calculated by substituting in clause (1) of sub-
section (a) the annual average of all hours of work performed by 
said employee for said employer during those calendar years for 
which said employee had performed work and throughout which 
he had seniority (or continuous service). 
(c) Notwithstanding subsections (a) and (b), the Secretary shall 
classify as a "seasonal employee" any affected employee whose highest 
paid job held, other than by temporary assignment, with said affected 
employer during the period from January 1, 1977, through the date 
of enactment of tliis section was in an occupation in which the average 
annual number of weeks during which work was actually performed 
by all covered employees employed in said occupation during the five 
calendar years preceding the enactment date was forty or less. With 
respect to such seasonal employees— 
(1) the calculation of benefit amount set forth in subsection 
(a) shall be modified by— 
(A) deducting from the hours for which said employee 
received pay those hours representing vacation pay and vaca-
tion pay increments and; 
(B) substituting for the fifty-two provided in clause (3) 
of subsection (a) a divisor equal to the average annual num-
ber of weeks for which said employee performed work for an 
affected employer in said occupation during those three of the 
five calendar years immediately preceding the date of enact-
ment during which the number of such weeks was greatest: 
Provided^ That this calculation shall be modified in accord 
with subsection (b) with respect to those employees who had 
less than five calendar years of employment with one affected 
employer immediately prior to the date of enactment of this 
section. 
PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 179 
(2) the number of weekly benefits payable in any calendar year 
shall not exceed the annual average number of weeks for which 
a seasonal employee received pay from an affected employer for 
work performed in the employee's occupation, as established by 
paragraph (1) (B), and shall be payable only during those weeks 
of each year determined by the Secretary to be the usual season 
for that occupation; 
(3) vacation pay and vacation pay increments shall be paid 
in the same amounts and at the same times of each year as they 
would have been paid had said employe© performed work during 
all of the time for which said employee receives layoff benefits. 
Such pay is referred to herein as "vacation replacement benefits". 
(d) Notwithstanding any other provision of this Act, the benefits 
for any affected employee who will reach the age of sixty on or 
before September 30, 1984, shall be extended after the end of the 
employee's period of protection (unless severance pay has been 
accepted) until the employee's sixty-fifth birthday, and shall be equal 
to said employee's weekly layoff benefit. 
(e) The benefit amount provided by this section for any week of 
total or partial layoff shall be reduced by— 
(1) the full amount of any earnings, including pay for time 
not worked with respect to the same week, from employment 
obtained pursuant to section 103, or employment by employers 
engaged in timber harvesting, or in related sawmill, plywood, and 
other wood processing operations; 
(2) 50 per centum of earnings and pay for time not worked 
from any other employer with respect to that week; and 
(3) the full amount of any unemployment compensation attrib-
utable to that week. 
SEC. 208. (a) An affected employee (other than a short-service 
employee described in subsection (a) of section 209) shall be paid 
severance pay in accordance with this section if said employee: 
(1) has been on a continuous layoff from employment with the 
employee's last affected employer for a period of at least twenty 
weeks subsequent to December 31,1977; 
(2) has no definite recall date for work with the affected 
employer by whom the employee was laid off and no offer of 
suitable work by any affected employer; and 
(3) applies for severance pay during a week with respect to 
which said employee has not performed work for an affected 
employer: Provided, That this clause shall not result in denial of 
severance pay to an otherwise eligible employee who at the time 
of application is totally and permanently disabled as defined in 
the Social Security Act; or 
(4) was permanently separated from employment with an 
affected employer during the period beginning May 31, 1977, and 
ending on the date of enactment of this Act, as a result of the 
closure of the mill or plant in which said employee was employed 
and has not, since said separation, been employed by an affected 
employer. 
Provided, That an employee shall be deemed an affected employee for 
purposes of this section if said emplovee meets the requirements of 
clauses (1), (2), and (3) of section 204(b). 
(b) The amount of severance pay payable to an employee shall be 
computed by multiplying the applicable number of weeks determined 
in accordance with subsection (c) by the amount of the weekly layoff 
Elder employees, 
extension of 
protection period. 
Benefit amount, 
reduction. 
Severance pay, 
eligibility. 
Severance pay, 
amount. 
92 STAT. 180 
PUBLIC LAW 95-250—MAR. 27, 1978 
Protection 
period, 
termination. 
Return-payment 
agreement. 
benefit (without reduction for earnings or other benefits) which is 
payable, or would be payable if the employee were eligible, for the 
week in which the application was filed: Provided, That for a seasonal 
employee the amount so calculated, plus the amount of vacation 
replacement benefits applicable for that year shall be multiplied by the 
number of weeks in said employee's usual season, as determined in 
section 207(c), and the result divided by fifty-two. 
(c) The number of weeks of severance pay shall be equal to one week 
for each month of the employee's creditable service up to a maximum 
of seventy-two weeks: Provided, That the severance payment to any 
employee shall not exceed the total amount of the weekly layoff and 
vacation replacement benefits which would have been payable if said 
employee were to be eligible for such benefits continuously from the 
week of application until the end of the applicable period of protec-
tion (or, in the case of an employee described in the final proviso of 
subsection (a), until the earlier of said employee's sixty-fifth birthday 
or September 30, 1984), calculated on the basis of the weekly amounts 
of such benefits as of the date of application for severance pay. 
(d) Acceptance of severance pay terminates the affected employee's 
period of protection and makes said employee ineligible thereafter for 
all other forms of terminal pay and for the protections provided in 
section 204, except as otherwise specifically provided in this Act. 
(e) Before making a severance payment to an employee, the Secre-
tary shall obtain said employee's written agreement that, upon resump-
tion of employment in the industry within Humboldt and Del Norte 
Counties and the counties adjacent thereto in the State of California 
prior to September 30, 1980, or such later date established by the 
Secretary with respect to said employee pursuant to section 203, said 
employee Avill return it in weekly installments equal to a specified 
percentage of the employee's earnings in the industry, which the Secre-
tary shall set at a reasonable level. The agreement shall include 
authorization for the Seci-etary to arrange with an employer for with-
holding of the applicable amounts from the employee's pay. 
SHORT-SERVICE EMPLOYEES 
Benefits, 
SEC. 209. (a) Notwithstanding any other provision of this Act, an 
ineligibility. 
affected employee as defined in this title shall be ineligible for any 
benefit under this title except as provided in this section if: 
(1) said employee will not reach age sixty before October 1, 
1984; and 
(2) said employee as of the date of becoming an affected 
employee, does not have service credit for pension purposes of at 
least five full years under a pension plan contributed to by indus-
try employers. 
Severance pay. 
(b) An affected employee described in subsection (a) shall be paid 
severance pay in accordance with this section if said employee meets 
the requirements of section 208 (a). 
(c) Said employee shall be paid a severance payment equal to forty 
times the hourly wage rate applicable at the time of application for 
severance pay to the highest paid job held by said employee, other 
than by temporary assignment, during calendar year 1977, with the 
employee's last affected employer for each one hundred and seventy-
three hours for which said employee performed work for affected 
'*' * 
employers. 
PUBLIC LAW 95-250—MAR. 27, 1978 
92 STAT. 181 
(d) Subsection (d) of section 208 shall be applicable to employees 
applying for and accepting severance payments pursuant to tfhis sec-
tion except that such employees shall remain eligible for allowances 
provided for in sections 211 and 212, and for retraining as provided 
for in section 210(a) and while in good faith engaged m such train-
ing shall be paid the same stipends and allowances as are generally 
applicable to individuals engaged in such retraining programs who 
are not employees as defined in this Act. 
RETRAINING 
SEC. 210. (a) An affected employee is eligible to apply for and the 
Secretary shall authorize training (including training for teclinical 
and professional occupations) at Government expense during said 
employee's period of protection if— 
(1) the Secretary determines that there is no suitable employ-
ment available for the employee within a reasonable commuting 
area; and 
(2) there is substantial reason to believe that the employee's 
employment prospects would be enhanced after successful com-
pletion of the training for which application lias been filed. 
(b) An affected employee engaged in training authorized by sub-
section (a) shall be paid layoff and variation replacement benefits 
while in good faith engaged in such training and shall continue to be 
paid such benefits while so engaged. 
SEC. 211. Upon application filed by an affected employee during said 
employee's period of protection, said employee shall be eligible for a 
job search allowance under the same terms, conditions, and amounts 
as provided in section 237 of the Trade Act of 1974 (19 U.S.C. 2297). 
SEC. 212. (a) A relocation allowance shall be paid upon application 
by an affected employee during the applicable period of protection if— 
(1) the Secretary determines that said employee cannot reason-
ably be expected to obtain suitable work in the commuting area in 
which said employee resides; and 
(2) the employee has obtained— 
(A) suitable employment affording a reasonable expecta-
tion of long-term duration in the area in which said employee 
wishes to relocate; or 
(B) a bona fide offer of such employment; or 
(3) the employee relocated during the period beginning May 
31, 1977, and ending on the date of enactment, because of accept-
ance of employment requiring a change in residence to a location 
outside the commuting area in which said employee resided imme-
diately prior to becoming an affected employee. 
(b) The Secretary shall provide the same moving expense benefits 
for the same purposes as are set forth in the Regional Rail Reorganiza-
tion Act of 1973 (Public Law 93-236), 
Layoff and 
vacation 
replacement 
benefits. 
Job search 
allowance. 
Relocation 
allowance. 
Moving expense 
benefits. 
45 u s e 701 note. 
ADMINISTRATION 
SEC. 213. (a) The Secretary shall be responsible for paying promptly 
all benefits and payments provided by this title. 
(b) Effective October 1, 1977, there are authorized to be appro- Appropriation 
priated annually such sums as may be required to meet the obligations authorization, 
provided for in this title. 
92 STAT. 182 
PUBLIC LAW 95-250—MAR. 27, 1978 
Subpena power. 
(c) The Secretary shall have the authority to obtain information 
necessary to carry out the responsibilities created under this Act in the 
same manner as provided by section 249 of the Trade Act of 1974 
(19U.S.C.2321). 
(d) The Secretary shall offer all reasonable cooperation and assist-
ance to individuals who believe they may qualify for the benefits, pay-
ments, preferential hiring rights, and other protections provided for 
employees under this Act. Among other things, the Secretary shall— 
(1) provide all covered employees with literature stating their 
rights and obligations in nontechnical terms; and 
(2) develop and implement procedures for the filing (including 
filing by mail in appropriate circumstances as determined by the 
Secretary) of applications, appeals, and complaints relating to 
the rights and entitlements established for employees by this title 
designed to facilitate prompt determinations and prompt pay-
ment to eligible applicants. 
(e) The Secretary shall direct that notices, reports, applications, 
appeals, and information concerning the implementation of this title 
required to be filed with the Secretary shall be filed at the offices of the 
United States Employment and Training Service in Humboldt and 
Del Norte Counties of the State of California and that information 
required to facilitate employees' exercise of their rights under this 
title shall be kept available at such offices unless the Secretary shall 
designate additionally. 
(f) In all cases where two or more constructions of the language of 
this title would be reasonable, the Secretary shall adopt and apply 
that construction which is most favorable to employees. The Secre-
tary shall avoid inequities adverse to employees that otherwise would 
„ 
arise from an unduly literal interpretation of the language of this 
Approved March 27, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORTS: No. 95-581 (Comm. on Interior and Insular Affairs), No. 95-581, 
pt. II (Comm. on Appropriations) and No. 95-931 (Comm. of 
Conference). 
SENATE REPORTS: No. 95-528 (Comm. on Energy and Natural Resources) and No. 
95-578 (Comm. on Appropriations). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
Jan. 31, S. 1976 considered and passed Senate. 
Feb. 9, considered and passed House. 
' 
Feb. 28, considered and passed Senate, amended, in lieu of S. 1976. 
Mar. 14, House agreed to conference report. 
Mar. 21, Senate agreed to conference report. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 14, No. 13: 
Mar. 27, Presidential statement.