National Resource and Energy Conservation Act

National Resource and Energy Conservation Act - Title I: Formal Provisions - Declares it to be the purpose of the Congress to reduce the wasteful allocation of scarce resources by recovering materials and producing energy from waste through an intensive research and development program in the Environmental Protection Agency (with the assistance of the National Aeronautics and Space Administration) and a program of technical assistance and support to Government agencies and persons producing or using such energy.

Title II: Product Standards and Regulation - States that it shall be unlawful for any person to introduce or deliver for introduction in commerce any product which does not conform to the standards or regulations prescribed by the Administrator under this title.

Provides that any person, other than a person who commits a criminal violation, who is found by the Administrator after notice and an opportunity for an adjudicative hearing to have committed an act prohibited by this title, shall be liable to the United States for a civil penalty of a sum which is not more than $20,000 for each day of violation.

Requires that, within one year after the date of enactment of this title, the Administrator shall promulgate and shall, from time to time, revise such standards regulating the manufacture and distribution of certain products in commerce as he determines necessary to protect health or the environment against unreasonable burdens and risks associated with the disposal of such products.

Permits the Administrator or the Attorney General to file an action against any product which constitutes an imminent hazard as prescribed by this title or any product which the Administrator finds is manufactured or distributed in violation of this title for seizure of such product.

Directs the Administrator to conduct a study of possible methods of regulating the design, use, reuse, and recycling of certain products to reduce the generation of solid waste, reduce the consumption of virgin materials resources, or to reduce burdens on the environment associated with the manufacture, utilization, or disposal of such products.

Directs the Administrator to conduct research, investigations, experiments, surveys, studies and demonstrations of means of reducing waste generation and increasing the recovery of materials and the production of energy from solid, liquid, and semisolid wastes from residential, commercial, industrial, and agricultural sources.

Title III: Unsafe Disposal Practices - Provides that, within eighteen months after the date of enactment of this title and from time to time thereafter, the Administrator shall issue regulations in accordance with this title and after consultation with representatives of other appropriate agencies: (1) identifying unsafe disposal practices; (2) identifying hazardous wastes; and (3) establishing standards for the control of unsafe disposal practices, including requirement of a permit for persons generating hazardous wastes and establishment of requirements for permit holders.

Provides that, within eighteen months after promulgation of final regulations and in accordance with this title, each State shall establish a State implementation plan to regulate disposal practices and submit such plan to the Administrator for approval.

Establishes a $25,000 fine for each day of noncompliance by a violator of this title.

Provides that for the purpose of developing or assisting in the development of any regulation or enforcing the provisions of this title, any person who stores, treats, transports, disposes of, or otherwise handles hazardous wastes shall, upon request of any officer or employee of the Environmental Protection Agency or of any State or political subdivision, duly designated by the Administrator, furnish or permit such person at all reasonable times to have access to, and to copy all records relating to such wastes.

Requires that, within eighteen months following the enactment of this Act, the Administrator shall conduct, and upon completion, report to the Congress and the President the results of, a study of the feasibility of designing a national resource recovery plan to be implemented by the States individually or in cooperation with other States which will encourage the maximum recovery of resources from wastes and the subsequent recovery of energy from those wastes which are not otherwise recoverable.

Permits the Administrator to make grants to appropriate State and interstate agencies and general purpose local governments, or combinations thereof, in an amount not to exceed 60 percent of the reasonable costs of such programs, to assist them in the administration, enforcement, planning, implementation, training, manpower development, technical assistance, public information, basic data collection, or analytical services relating to the collection, transport, processing, recovery, and disposal of hazardous waste.

Requires the Administrator to conduct, encourage, cooperate with, and render financial, technical, and other assistance to appropriate authorities, agencies, an institutions, in the conduct of, research, development, investigations, experiments, surveys, and studies relating to: (1) any adverse effects on human health or the environment upon the release into the environment of material present in the land disposal solid, liquid, and semisolid waste, and methods to eliminate such effects; and (2) the development and application of new and improved methods of collecting and disposing of solid waste and processing and recovering materials and energy from solid, liquid, and semisolid wastes.

Title IV: Federal Procurement and Measurement - Requires that with respect to each purchase and contract for property, the aggregate amount of which exceeds $5,000, no procurement shall be made by any procuring agency in the case of procurement items purchased through advertisement for bids, of any procurement item which in comparison with other competing items offered for sale by suppliers is not composed of the greatest percentage of recovered materials and is not to the greatest extent recyclable or reusable following the use for which it was purchased, whenever a significant difference as to these characteristics exists between such items and competing items.

Title V: Material Recovery and Energy Production - Directs the Administrator, alone or in conjunction with the Administrator of the National Aeronautics and Space Administration, to conduct research, development, investigations, experiments, surveys, studies, and demonstrations of means of increasing the recovery of materials and the production of energy in usable forms, or both, from solid, liquid, and semisolid waste, from residential, commercial, industrial, and agricultural sources; and to develop, within three years from the date of enactment of this title, not less than three major facilities to demonstrate, substantiate, and validate any determinations made pursuant to this title.

Directs the Administrator to provide funds by grant or contract to initiate, continue, supplement, and maintain research and development programs or activities which, in his judgment, appear likely to lead to the development of a facility for the recovery of materials or production of energy from waste, or both.

Authorizes the Administrator to guarantee and to make commitments to guarantee the payment of interest on and the principal balance of an obligation to initiate, continue, supplement, and maintain research and development of programs leading to a facility for recovery of material or production of energy from waste.

Authorizes appropration to the Administrator not to exceed $50,000,000 to pay interest on, and the principal balance of, any obligation guaranteed by the Administrator as to which the obligor has defaulted.

Requires each recipient of financial assistance or guarantees under this title, whether in the form of grants, subgrants, contracts, subcontracts, loans, loan or other obligation guarantees, or other arrangements, to keep such records as the Administrator shall prescribe, and that they shall be subject to audit by the Comptroller General.

Title VI: Council on Environmental Representation - Environmental Representation Act - Establishes an independent agency to be known as the Council on Environmental Representation for the purpose of providing support for legal representation and assistance in proceedings, for matters relating to the quality of the environment as described in this title.

States that the functions of the Council shall be to establish programs, including local offices if necessary, to provide direct legal and other assistance to eligible clients and to make grants to eligible clients for the purpose of securing adequate representation and assistance to such clients before Federal, State, and local legislative bodies, administrative agencies, and courts in matters dealing with the environment of such clients.

Authorizes the Chairman of the Council to intervene as a party or otherwise participate for the purpose of representing the interests of eligible clients in any proceeding before any Federal agency in matters affecting the environment of eligible clients, regardless of whether an agreement has been reached between the Council and an eligible client with respect to representing such eligible client's interests.

Directs the Chairman to establish a program for disseminating information to eligible clients with respect to the type of services which may be available under this title.

Authorizes appropration for the purpose of carrying out the activities of the Council under this title, $25,000,000 for the fiscal year ending June 30, 1975, $50,000,000 for the fiscal year ending June 30, 1976, and $75,000,000 for the fiscal year ending June 30, 1977.

Title VII: National Commission on Environmental Costs - Establishes the National Commission on Environmental Costs to conduct a comprehensive study, including field testing and controlled experimentation to the extent possible, of the feasibility, practicality, and value of the establishment of a system of national disposal cost charges on all products, other than consumables; and to examine all feasible methods of environmental disclosure including notices regarding the damage done by polluters, labeling of products to indicate their environmental costs, and other means of effectively informing the public of pollution sources and alternative nonpolluting modes of public and private action.

Authorizes appropriation to the Commission of such sums as may be necessary not to exceed a total of $1,500,000.

Title VIII: General Provisions - Allows any person to commence a civil action for injunctive relief on his own behalf, whenever such action constitutes a case or controversy: (1) against any person (including the United States or any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) alleged to be in violation of any regulation, order, or permit requirement promulgated pursuant to this Act; or (2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under any title of this Act which is not discretionary with the Administrator.

Requires each manufacturer of a product to which title II of this Act is applicable to establish and maintain such records, make such reports, provide such information, and make such tests as the Administrator or the Secretary of the Treasury may, at his discretion, reasonably require to enable him to determine whether such manufacturer has acted or is acting in compliance with such title II.

Provides that in addition to specific authorizations for appropriations contained herein, there are authorized to be appropriated for purposes of carrying out this Act such additional sums as are necessary.