§ 1235. State reclamation program

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1977

   Surface Mining Control and Reclamation Act of 1977

   Pub. L. 95–87 title IV § 405 · 91 Stat. 445

   Enacted · 30 U.S.C. § 1235

   Pub. L. 95–87, title IV, § 405, Aug. 3, 1977, 91 Stat. 459

   Source evidence

   Code source credit
   Pub. L. 95–87, title IV, § 405, Aug. 3, 1977, 91 Stat. 459

   Enacted provision · exact public law section
   Sec. 405. state reclamation programs (a) Not later than the end of the one hundred and eighty-day Publication in Federal Register. 30 USC 1235. period immediately following the date of enactment of this Act, the Secretary shall promulgate and publish in the Federal Register regulations covering implementation of an abandoned mine reclamation program incorporating the provisions of title IV and establishing procedures and requirements for perparation, submission, and approval of State programs consisting of the plan and annual submissions of projects. (b) Each State having within its borders coal mined lands eligible State Reclamation Plan. for reclamation under this title, may submit to the Secretary a State Reclamation Plan and annual projects to carry out the purposes of this title. (c) The Secretary shall not approve, fund, or continue to fund a State abandoned mine reclamation program unless that State has an approved State regulatory program pursuant to section 503 of this Act. (d) If the Secretary determines that a State has developed and submitted a program for reclamation of abandoned mines and has the ability and necessary State legislation to implement the provisions of this title, sections 402 and 410 excepted, the Secretary shall approve such State program and shall grant to the State exclusive responsibility and authority to implement the provisions of the approved program: Provided, That the Secretary shall withdraw such approval and authorization if he determines upon the basis of information provided under this section that the State program is not in compliance with the procedures, guidelines, and requirements established under subsection 405 (a). (e) Each State Reclamation Plan shall generally identify the areas to be reclaimed, the purposes for which the reclamation is proposed, the relationship of the lands to be reclaimed and the proposed reclamation to surrounding areas, the specific criteria for ranking and identifying projects to be funded, and the legal authority and programmatic capability to perform such work in conformance with the provisions of this title. (f) On an annual basis, each State having an approved State Reclamation Plan may submit to the Secretary an application for the support of the State program and implementation of specific Contents. reclamation projects. Such annual requests shall include such information as may be requested by the Secretary including: (1) a general description of each proposed project; (2) a priority evaluation of each proposed project; (3) a statement of the estimated benefits in such terms as: number of acres restored, miles of stream improved, acres of surface lands protected from subsidence, population protected from subsidence, air pollution, hazards of mine and coal refuse disposal area fires; (4) an estimate of the cost for each proposed project; (5) in the case of proposed research and demonstration projects, a description of the specific techniques to be evaluated or objective to be attained; (6) an identification of lands or interest therein to be acquired and the estimated cost; and (7) in each year after the first in which a plan is filed under this title, an inventory of each project funded under the previous year’s grant: which inventory shall include details of financial expenditures on such project together with a brief description of each such project, including project locations, landowner’s name, acreage, type of reclamation performed. (g) The costs for each proposed project under this section shall include: actual construction costs, actual operation and maintenance costs of permanent facilities, planning and engineering costs, construction inspection costs, and other necessary administrative expenses. (h) Upon approved of State Reclamation Plan by the Secretary and of the surface mine regulatory program pursuant to section 503, the Secretary shall grant, on an annual basis, funds to be expended in such State pursuant to subsection 402(g) and which are necessary to implement the State reclamation program as approved by the Secretary. (i) The Secretary, through his designated agents, will monitor the progress and quality of the program. The States shall not be required at the start of any project to submit complete copies of plans and specifications. (j) The Secretary shall require annual and other reports as may be necessary to be submitted by each State administering the approved State reclamation program with funds provided under this tile. Such reports shall include that information which the Secretary deems necessary to fulfill his responsibilities under this title. (k) Indian tribes having within their jurisdiction eligible lands pursuant to section 404 or from which coal is produced, shall be considered as a “State” for the purposes of this title.

2. 1987

   Pub. L. 100–71 title I · 101 Stat. 391

   Inserted · 30 U.S.C. § 1235(k)

   Pub. L. 100–71, which directed the amendment of subsec. (k) by inserting “except for purposes of subsection (c) of this section with respect to the Navajo, Hopi and Crow Indian Tribes” at the end thereof, was executed by making the insertion before the period to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (k). Pub. L. 100–71, which directed the amendment of subsec. (k) by inserting “except for purposes of subsection (c) of this section with respect to the Navajo, Hopi and Crow Indian Tribes” at the end thereof, was executed by making the insertion before the period to reflect the probable intent of Congress.

   Enacted provision · exact public law
   TITLE I— PROGRAM SUPPLEMENTALS CHAPTER I DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration operations, research, and facilities The sum of $62,500,000, to be derived from $27,500,000 appropriated pursuant to Public Law 99–500 and Public Law 99–591 for commercialization of the land remote sensing satellite system and $35,000,000 appropriated pursuant to the same law for the polar orbiting satellite system, is hereby reprogrammed for a two spacecraft land remote sensing satellite system under a plan which provides for the cost of the second satellite from funds from users or other sources other than funds from the National Oceanic and Atmospheric Administration. The release of such funds is subject to the funding plan being approved by the House and Senate Committees on Appropriations. None of the funds appropriated for the Department of Commerce in fiscal year 1987 shall be obligated or expended to promulgate or implement the March 2, 1987 proposed rulemaking on Sea Turtle Conservation; Shrimp Trawl Requirements for waters described in the proposed rulemaking as western Gulf of Mexico offshore, western Gulf of Mexico inshore, and Louisiana inshore, zones 10 through 21. Of the funds deposited in the Fisheries Promotional Fund pursuant to section 209 of the Fish and Seafood Promotion Act of 1986, $750,000 shall be made available as authorized by said Act, to remain available until expended. Funds appropriated or otherwise made available to the Department of Commerce and the National Oceanic and Atmospheric Administration shall be available for the procurement of launch services for geostationary weather satellites I, J, and K, to be conducted only by the National Aeronautics and Space Administration: Provided, That in the procurement of launch services for the National Oceanic and Atmospheric Administration for the GOES I, J, and K spacecraft, the National Aeronautics and Space Adminis-tration may provide, in its contract or contracts for launch services, for the payment for contingent liability of the Government which may accrue in the event the Government should decide to terminate the contract before the expiration of the contract period. Such contract or contracts shall limit the payments the Federal Government is allowed to make under the contracts to amounts provided in advance in appropriations Acts. In January of each year, the Administrator of the National Oceanic and Atmospheric Administration shall report to the House and Senate Committees on Appropriations the projected aggregate contingent liability, through the next fiscal year and in total, of the Government under termination provisions of any launch services contracts authorized in this section: Provided further, That such contract or contracts may not be entered into until the Department of Commerce submits a written certification to the appropriate Committees of the Congress that the fiscal year 1988 budget request for launch vehicles for GOES I, J, and K fully meets such contractual requirements for fiscal year 1988 of $80,000,000 or submits a proposed budget amendment for fiscal year 1988 to the Congress requesting any additional funds required in fiscal year 1988 to meet the obligations of the proposed contractual agreement. Economic Development Administration economic development assistance programs Not to exceed $14,100,000 appropriated and available for obligation and expenditure under section 108(a)(1) of Public Law 99–190, as amended, shall remain available for obligation through September 30, 1988: Provided, That the Economic Development Administration shall close out the audits concerning grants to New York, New York pursuant to title I of the Local Public Works Capital Development and Investment Act of 1976, not later than August 1, 1987. DEPARTMENT OF JUSTICE General Administration salaries and expenses For an additional amount for “Salaries and expenses”, $7,600,000, to remain available until September 30, 1988. Legal Activities salaries and expenses, general legal activities For an additional amount for “Salaries and expenses, general legal activities”, $8,100,000, to remain available until September 30, 1988. salaries and expenses, antitrust division For an additional amount for “Salaries and expenses, Antitrust Division”, $200,000, to remain available until September 30, 1988. salaries and expenses, united states marshals service In the appropriation language under this heading in Public Law 99–500 and Public Law 99–591, add at the end thereof the following: “Notwithstanding the provisions of title 31 U.S.C. 3302, the Director of the United States Marshals Service may collect fees and expenses for the service of civil process, including: complaints, summonses, subpoenas and similar process; and seizures, levies, and sales associated with judicial orders of execution; and credit not to exceed $1,000,000 of such fees to this appropriation to be used for salaries and other expenses incurred in providing these services.”. support of united states prisoners For an additional amount for “Support of United States Prisoners”, $9,630,000, to remain available until September 30, 1988. united states trustee system fund In addition to amounts made available under the head “Salaries and expenses, oversight of bankruptcy cases”, for the expansion of the United States Trustees Program, as authorized by section 115 of the “Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986” (Public Law 99–554), $12,000,000: Provided, That deposits to the Fund are available in such amounts as may be necessary to pay refunds due depositors. Federal Bureau of Investigation salaries and expenses For an additional amount for “Salaries and expenses”, $3,989,000, to remain available until September 30, 1988. Drug Enforcement Administration salaries and expenses For an additional amount for “Salaries and expenses, Drug Enforcement Administration”, $776,000, to remain available until September 30, 1988: Provided, That in appropriation language under this head in the Department of Justice Appropriations Act, 1987, as included in Public Law 99–500 and Public Law 99–591, delete “five hundred seventy-five” and substitute “1,030”. Immigration and Naturalization Service salaries and expenses For an additional amount for “Salaries and expenses”, $147,793,000, to remain available until September 30, 1988: Provided, That in appropriation language under this head in the Department of Justice Appropriations Act, 1987, as included in Public Law 99–500 and Public Law 99–591, delete the phrase “(not to exceed four hundred ninety, all of which shall be for replacement only)” and substitute “(not to exceed 1,796, of which 490 shall be for replacement only)”. General Provisions—Department of Justice Section 1. Section 205(h)(1)(A) of the Departments of Commerce, Justice, and State, and the Judiciary and Related Agencies Appropriations Act, fiscal year 1987, in Public Law 99–500 and Public Law 99–591 are amended by striking “All of the fees collected under subsection (d) shall be deposited in a separate account within the general fund of the Treasury of the United States” and inserting in lieu thereof “All of the fees collected under subsection (d) shall be deposited in a separate account within the general fund of the Treasury of the United States, to remain available until expended” DEPARTMENT OF STATE Administration of Foreign Affairs salaries and expenses For an additional amount for “Salaries and expenses”, $61,750,000, to remain available until September 30, 1988. acquisition and maintenance of buildings abroad For an additional amount for “Acquisition and Maintenance of Buildings Abroad”, $9,480,000, to remain available until expended: Provided, That these funds shall be available subject to the approval of the House and Senate Appropriations Committees’ policies concerning the reprogramming of funds contained in House Report 99–669. The Secretary of State shall not permit the Soviet Union to occupy the new chancery building at its new embassy complex in Washington, D.C. or any other new facility in the Washington, D.C. metropolitan area, until a new chancery building is ready for occupancy for the United States embassy in Moscow: Provided, That none of the funds appropriated in this Act or any prior Act may be obligated for the new office building in Moscow prior to November 1, 1987. International Organizations and Conferences contributions to international organizations For an additional amount for “Contributions to International Organizations”, $268,831 for payment of the United States assessed contribution to the Interparliamentary Union: Provided, That in the appropriation language under the heading “Contributions to International Organizations” in the Department of State Appropriations Act, 1987, as included in Public Law 99–500 and Public Law 99–591, amend the phrase that reads “of which $130,000,000, to remain available until expended, shall become available for expenditure on October 1, 1987” to read as follows: “of which $65,000,000, to remain available until expended, shall become available for expenditure on October 1, 1987”. International Commissions american sections, international commissions For an additional amount for “American Sections, International Commissions”, $474,000, to remain available until September 30, 1988. THE JUDICIARY Courts of Appeals, District Courts, and Other Judicial Services salaries and expenses For an additional amount for “Salaries and expenses”, $37,800,000, to remain available until September 30, 1988. Administrative Office of the United States Courts salaries and expenses For an additional amount for “Salaries and expenses”, $100,000. Federal Judicial Center salaries and expenses For an additional amount for “Salaries and expenses”, $1,000,000. RELATED AGENCIES DEPARTMENT OF TRANSPORTATION Maritime Administration federal ship financing fund For payment to the Secretary of the Treasury for debt reduction, $1,375,000,000, to remain available until expended. Board for International Broadcasting grants and expenses For an additional amount for “Grants and expenses”, $33,195,000, to remain available until expended. Commission for the Study of International Migration and Cooperative Economic Development salaries and expenses For necessary expenses of the Commission for the Study of International Migration and Cooperative Economic Development as authorized by title VI of Public Law 99–603, $217,000, to remain available until expended. Dwight David Eisenhower Centennial Commission expenses For necessary expenses of the Dwight David Eisenhower Centennial Commission as authorized by Public Law 99–624, $50,000, to remain available until expended. Federal Communications Commission The authority under the Supplemental Appropriations Act, 1985 (Public Law 99–88) with respect to the relocation of the Fort Lauder-dale Monitoring Station shall extend through fiscal year 1988 and under the same terms and conditions of Public Law 99–88. Small Business Administration salaries and expenses For an additional amount for “Salaries and expenses”, $10,000,000 for disaster loan making activities, derived by transfer from the “Disaster Loan Fund”: Provided, That hereafter, notwithstanding any law, rule or regulation, moneys in any fund established by the Small Business Act which are not needed for current operations shall remain in such funds and shall be available solely to carry out the provisions and purposes of programs operated from such funds pursuant to law as provided in appropriations Acts. United States Information Agency salaries and expenses For an additional amount for “Salaries and expenses”, $8,098,176, of which $598,176 shall be used for purchase of Pakistani Rupees from the special account for the Informational Media Guarantee Program to carry out the provisions of section 1011(d) of the Information and Educational Exchange Act of 1948, as amended (22 U.S.C. 1442(d)). The limitation in Public Law 99–591 on the receipts to this appropriation from fees or other payments received from or in connection with English-teaching programs is increased by $650,000. radio broadcasting to cuba For an additional amount to carry out the provisions of section 7 of the Radio Broadcasting to Cuba Act, as amended (22 U.S.C. 1465(e)), $993,000, to remain available until expended. CHAPTER II DEPARTMENT OF DEFENSE—MILITARY Operation and Maintenance operation and maintenance, army For an additional amount for “Operation and maintenance, Army”, $37,500,000. operation and maintenance, navy For an additional amount for “Operation and maintenance. Navy”, $60,000,000. operation and maintenance, defense agencies For an additional amount for “Operation and maintenance, Defense Agencies”, $431,000,000. operation and maintenance, army reserve For an additional amount for “Operation and maintenance. Army Reserve”, $7,500,000. operation and maintenance, navy reserve For an additional amount for “Operation and maintenance, Navy Reserve”, $2,500,000. operation and maintenance, army national guard For an additional amount for “Operation and maintenance, Army National Guard”, $5,000,000. Procurement aircraft procurement, air force For an additional amount for “Aircraft procurement, Air Force”, $122,000,000. Research, Development, Test, and Evaluation research, development, test, and evaluation, navy For an additional amount for “Research, development, test, and evaluation, Navy”, $7,000,000, for Manufacturing Technology. research, development, test, and evaluation, defense agencies For an additional amount for “Research, development, test, and evaluation. Defense Agencies”, $75,000,000. Administrative Provisions Section 1. Within the funds appropriated for operation and maintenance of the Armed Forces for fiscal year 1987, and pursuant to section 403(a) of title 10, United States Code, funds may be used for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Sec. 2. Section 9015 of the Department of Defense Appropriations Act, 1987 (as included in Public Laws 99–500 and 99–591) is amended by inserting “and not to exceed an additional $490,372,000 of funds otherwise available to the Department of Defense for military functions (except military construction) which would expire on September 30, 1987”, directly following “(except military construction)”. Sec. 3. None of the funds previously appropriated to the Air Force may be used to conduct a trainer aircraft competition unless such competition includes candidate aircraft from at least two United States firms and at least one candidate aircraft is compliant with the T–46/Next Generation Trainer system specifications as it pertained to the source selection of the Next Generation Trainer in 1982. Sec. 4. Notwithstanding section 2324(e)(1)(H) of title 10, United States Code, and section 9061 of the Department of Defense Appropriations Act, 1987, Public Laws 99–500 and 99–591, the Secretary of Defense may allow under covered contracts reasonable costs incurred to promote American aerospace exports at domestic and international exhibits. Sec. 5. (a) None of the funds appropriated by this or any other Act for research, development, testing, and evaluation for the National Aeronautics and Space Administration (NASA) or the Department of Defense may be obligated or expended for the Advanced Launch System/Heavy Lift Launch Vehicle, hereinafter referred to as “ALS”, or for the design, construction, or modification of test facilities for rocket propulsion systems to be integrated into or be compatible with ALS, until the Committees on Appropriations of the Senate and the House of Representatives have received a plan, submitted jointly by the Secretary of Defense and the Administrator of NASA, and approved by the President, delineating the respective responsibilities of, and apportioning of costs to, NASA and the Department of Defense relative to the ALS program and the Committees on Appropriations of the Senate and the House of Representatives have established a date for the release of said funds: Provided, That such plan shall make maximum use of existing unique Federal testing facilities for rocket propulsion systems and shall identify the respective responsibilities of the Federal entities and facilities to be used for rocket propulsion research, development, and testing: Provided further, That notwithstanding the requirements set forth in subsection (a) $12,000,000 previously appropriated for fiscal year 1987 and allocated for concept definition of the ALS shall be available for that purpose. (b) Of the funds appropriated for “Research, development, test, and evaluation, Defense Agencies” by this Act, $38,000,000 shall be transferred to NASA as a part of the ALS program utilizing facilities and budgetary resources of both NASA and components of the Defense Department: Provided, That funds appropriated by this or any other Act for research, development, test, and evaluation of the ALS system may be obligated and expended only for ALS variants which embody advanced technologies with a design goal of reducing the cost to launch payloads to low Earth orbit by a factor of ten compared with current space boosters costing less than $3,000 (in constant fiscal 1987 dollars) per pound to low Earth orbit: Provided further, That none of the funds appropriated by this Act may be obligated or expended for research, development, test, and evaluation intended to facilitate early deployment of a ballistic missile defense system. Sec. 6. Notwithstanding section 3052(c) (1) and (2) of Public Law 99–570, the Secretary of the Navy shall immediately transfer an APS–125 radar system, to the United States Customs Service to be used for drug interdiction purposes: Provided, That $7,500,000 made available in Public Law 99–349, the Urgent Supplemental Appropriations Act of 1986, for an APS–138 radar system shall be made available to the Navy for procurement of an APS–139 radar system as replacement of the radar transferred to the United States Customs Service. Sec. 7. The Secretary of the Army, as Executive Agent for the Department of Defense, may authorize activities on the part of the Armed Forces in celebration of the Bicentennial of the Constitution, and in support of Congressional Bicentennial activities. Such sums as are necessary to pay the expenses of these activities shall be made available from funds otherwise appropriated to the Department of Defense, except that such funds shall not be counted against the limitation on funds available for public affairs or legislative liaison activities of the Department of Defense. Sec. 8. Within seven days after enactment of this Act, the Secretary of Defense shall submit a report to the Congress, in appropriate classified and unclassified form, regarding the implementation of any agreement between the governments of the United States and Kuwait for United States military protection of Kuwaiti shipping, which includes a plan which fully meets the security needs of our forces, in conjunction with the forces of our friends and allies in the Persian Gulf region, and specifically addresses, at a minimum: (a) an assessment of the threats to American forces, to Kuwaiti interests and shipping, and otherwise impacting on the interests of the United States and its friends and allies in the Persian Gulf region; (b) the Rules of Engagement, alert status and readiness conditions under which our military forces will operate under in the Persian Gulf, and when such conditions will be in force; and (c) cooperative arrangements entered into, being negotiated or contemplated with our European allies with a stake in the Persian Gulf, who have forces deployed or planned for deployment in the Persian Gulf region, and with states littoral to the Persian Gulf for a shared security system, including provision for air cover of those forces. Sec. 9. Notwithstanding any other provision of law, payments received hereafter as compensation for damages to the USS Stark and other United States governmental expenses arising from the attack on the USS Stark shall be credited to applicable Department of Defense appropriations or funds available for obligation on the date of receipt of such payments. Sec. 10. None of the funds appropriated for the Department of Defense in fiscal year 1987 are available for remuneration of any individual or entity associated with fund raising for the restoration of the Battleship Texas: Provided, That the grant for the restoration should be made to the Texas Parks and Wildlife Department vice the Battleship Texas Advisory Board of the State of Texas. unauthorized appropriations Sec. 11. (a) Notwithstanding section 9126 or section 9133 of the Department of Defense Appropriations Act, 1987 (as contained in section 101(c) of the joint resolution entitled “Joint resolution making continuing appropriations for fiscal year 1987, and for other purposes”, Public Law 99–500 and Public Law 99–591), only funds specifically authorized by the Congress in accordance with section 502 of the National Security Act of 1947 may be obligated or expended for intelligence or intelligence-related activities. (b) AH intelligence and intelligence-related activities for which funds were appropriated in the Defense Appropriations Act, 1987 shall be considered specifically authorized by Congress pursuant to section 502 of the National Security Act of 1947. CHAPTER III DEPARTMENT OF DEFENSE—CIVIL DEPARTMENT OF THE ARMY Corps of Engineers—Civil general investigations Using funds previously appropriated in the Energy and Water Development Appropriations Act, 1987, Public Law 99–500 and Public Law 99–591, the Secretary of the Army is directed to undertake the following studies: Ohio River Water Development Study, between Rivermile 40–491, Ohio; Maumee Bay State Park, including preconstruction engineering and design, Ohio; St. Johns County, including preconstruction and design, Florida; Jacksonville Harbor, St. John’s River and Intracoastal Waterway Study, Florida; St. John’s River Study, Florida; and Water Resources Based Economic Development Computer Model (to continue design and testing) and, in addition, $350,000 for the purposes of studying and evaluating at an estimated cost of $850,000 alternative disposal sites to the currently active San Jacinto disposal area on Galveston Island at full Federal expense; the Secretary of the Army is also directed to undertake environmental studies and submit recommendations to the Committees on Appropriations of the House and Senate on the advisability of modifying project operation and maintenance requirements, assuming that the current disposal site will no longer be available for extensive Federal use in the near future. construction, general The Corps of Engineers is directed to proceed with the Fairfield Vicinity Streams, California, project under the provisions of section 117 of Public Law 99–190. Using funds previously provided in the Energy and Water Development Appropriations Acts, 1986 and 1987 (Public Laws 99–141, 99–500 and 99–591), the Secretary of the Army is directed to undertake the following projects in the amounts as specified hereafter: Project Amount Port Austin Harbor, Michigan $2,800,000 Sand Island Beach, Hawaii $600,000 Wellsburg, West Virginia (Ohio River milepost 74.8 to 72.8) Cox Run Area $50,000 Middle School Area $50,000 Water Works Vicinity, Wellsburg Municipal Pool and Park Vicinity $200,000 Main Street Areas $100,000 Sistersville, West Virginia City Park Area $50,000 Glen Dale, West Virginia Glen Dale Airport $125,000 Sewer Outfalls $125,000 In regard to the Wellsburg, Sistersville and Glen Dale projects, the Congress finds that an emergency exists in satisfaction of the requirements of Section 14—Emergency Streambank and Shoreline Protection. Using funds previously provided in the Energy and Water Development Appropriations Act, 1987 (Public Law 99–500 and Public Law 99–591), the Secretary of the Army is directed to use $5,000,000 to initiate land acquisition activities as described in section 1114 of Public Law 99–662. operation and maintenance, general (including transfer of funds) For an additional amount for “Operation and Maintenance, general”, $125,000 to be derived by transfer from “General Investigations” to perform a cumulative environmental analysis of section 55 measures along the 46-mile reach of the Platte River between Hershey, Nebraska, and the Lincoln-Dawson County line. operation and maintenance, general Of amounts appropriated for this account in Public Laws 99–500 and 99–591, such sums as become available in the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662, may be derived from that fund. revolving fund The Corps of Engineers is directed to advertise and procure an automated system that adheres to specifications developed by the Corps of Engineers for civil program requirements without regard to the Army Information Architecture Tier 2 standards for operating systems. general provisions The Secretary of the Army shall file a report with the appropriate committees of the House of Representatives and the Senate within ninety days after a written request is made pursuant to the provisions of subsection (m) of section 103 of Public Law 99–662 indicating the action taken on the request. In addition, the Secretary of the Army shall file a report with the appropriate committees of the House of Representatives and the Senate within ninety days after enactment of this Act listing any project or study falling under the provisions of subsection (e)(i) of section 103 of Public Law 99–662. Pursuant to the Federal Advisory Committee Act (Public Law 92–463), the Secretary of the Army is directed to establish an advisory committee for the Denison Dam (Lake Texoma), Red River, Texas and Oklahoma project authorized by the Flood Control Act approved June 28, 1938 (52 Stat. 1219). The purpose of the Committee shall be advisory only and it shall provide information and recommendations to the Corps of Engineers regarding the operations of Lake Texoma for its congressionally authorized purposes. The Committee shall be composed of representatives equally divided among the project purposes and between the States of Texas and Oklahoma. The Corps of Engineers, taking into consideration recommendations of the Southwestern Power Administration and the Lake Texoma Advisory Committee, shall, to the extent feasible, develop a management plan for the conservation pool in Lake Texoma that: (1) attempts to maintain a water surface elevation between 617 and 612 msl: Provided however, That hydroelectric power will be generated to help satisfy electric loads when the water surface elevation is between 617 and 612 msl; (2) when the water surface elevation drops to 612 msl or lower, implements a public information program; (3) when the water surface elevation is between 612 and 607 msl, provides for the Corps to notify the SWPA that hydro-electric power generation should only be made when it is needed for rapid response, short term peaking purposes as determined by the power scheduling entity; (4) when the water surface elevation is between 607 and 590 msl— (a) provides for the Corps to notify the SWPA that hydro-electric power generation should only be made to satisfy critical power needs on the power scheduling entity’s electrical system as determined by the power scheduling entity; and (b) provides for the Corps of Engineers to notify municipal and industrial water users that they should implement water conservation measures designed to lessen the impact of municipal and industrial water withdrawals. Any amendments to the current water control plan specified above shall not supersede or adversely affect any existing permit, lease license contract, public law or flood control operation relating to Denison Dam (Lake Texoma). The management plan shall have no impact upon the provisions of section 838 of the Water Resources Development Act of 1986. The management plan shall be reevaluated on or after September 30, 1989 by the Corps of Engineers, taking into consideration the recommendations of the Southwestern Power Administration and the Lake Texoma Advisory Committee. The United States Army Corps of Engineers, Tulsa District, shall issue a final report on the Oklahoma portion of the comprehensive study of the Red River Basin, Oklahoma, Arkansas, Louisiana and Texas, no later than September 30, 1988. The management plan specified above should be formally processed to the Committees on Environment and Public Works and Public Works and Transportation in the Senate and House of Representatives, respectively, if appropriate, for authorization as required prior to any amendments to the current operating plan that could impact health and safety, authorized purposes, or expose the Federal Government to liability. None of the funds in this Act or any other Act relating to water resource development may be used to construct or enter into an agreement to construct additional hydroelectric power generation units at Denison Dam (Lake Texoma) until September 30, 1989. Section 91 of the Water Resources Development Act of 1974 is amended by striking out “$28,725,000” in the last sentence and inserting in lieu thereof “$30,500,000”. DEPARTMENT OF THE INTERIOR Bureau of Reclamation construction program (transfer of funds) For an additional amount for the Department of the Interior, Bureau of Reclamation, “Construction Program”, for the cleanup of Kesterson Reservoir and San Luis Drain of the San Luis Unit, Central Valley Project, to remain available until expended, $5,600,000, to be derived by transfer of unobligated balances in the “Loan Program”: Provided, That no funds may be obligated for this purpose until the issuance of a waste discharge permit by the Central Valley Regional Water Resources Control Board and a determination by the California Department of Health Services on the classification of the waste at Kesterson Reservoir and San Luis Drain. In addition, title II of Public Law 99–591 (100 Stat. 3341–200, 201), dated October 30, 1986, “Department of the Interior, Bureau of Reclamation, Construction Program (Including Transfer of Funds)”, is amended by striking out “by August 1, 1987,”. Using funds previously provided in the Energy and Water Development Appropriations Act, 1987 (Public Law 99–500 and Public Law 99–591), the Secretary of the Interior is directed to undertake the following project in the amount specified hereafter: Project Amount O’Neill Unit, Nebraska $771,000 Using funds previously provided in the Energy and Water Development Appropriations Act, 1987 (Public Law 99–500 and Public Law 99–591), the Secretary of the Interior shall proceed with contracting for construction of the East-side and West-side roads and other features at the McGee Creek, Oklahoma, project in the amount specified hereafter: Project Amount McGee Creek, Oklahoma $4,800,000 loan program (transfer of funds) For an additional amount for “Loan program” for the United Water Conservation District, to remain available until expended, $570,000, to be derived by transfer of unobligated balances in the “Construction program” from Teton Dam Failure, Payment of Claims funds provided under Public Law 94–355 and Public Law 94–438. DEPARTMENT OF ENERGY Power Marketing Administrations southwestern power administration Notwithstanding provisions of title 5, U.S.C., except for section 5308, no funds approved for Southwestern Power Administration shall be used to pay the rates of basic pay and premium pay for power system dispatchers unless such rates are based on those prevailing for similar occupations in the electric power industry. administrative provision None of the funds appropriated by this or any other Act to the Department of Energy shall be used by the Department to implement Section 2.2.2.2. of DOE/ER 0315 (financial and other incentives) in its review of Superconducting Super Collider proposals, in order to ensure that the Department of Energy bases its final decision on where to site the facility solely on the overall suitability of the site. energy supply, research and development activities Of the amounts heretofore appropriated and made available for Energy Supply, Research and Development Activities, an additional $1,200,000 shall be for completion of the MOD–5–B Wind Turbine Project. CHAPTER IV FOREIGN ASSISTANCE AND RELATED PROGRAMS Multilateral Economic Assistance Funds Appropriated to the President International Financial Institutions contribution to the international development association For an additional amount for payment to the International Development Association by the Secretary of the Treasury, $207,476,749 for the United States contribution to the seventh replenishment, to remain available until expended. contribution to the international finance corporation For an additional amount for payment to the International Finance Corporation by the Secretary of the Treasury, $7,205,610 for the United States share of the increase in subscriptions to capital stock, to remain available until expended. contribution to the african development fund For an additional amount for payment to the African Development Fund by the Secretary of the Treasury, $36,639,000 for the United States contribution to the fourth replenishment of the African Development Fund, to remain available until expended. contribution to the african development bank For an additional amount for payment to the African Development Bank by the Secretary of the Treasury, for the paid-in share portion of the United States share of the increase in capital stock, $6,492,127 to remain available until expended. limitation on callable capital subscriptions The United States Governor of the African Development Bank may subscribe without fiscal year limitation to the callable capital portion of the United States share of such capital stock in an amount not to exceed $17,375,058. Bilateral Economic Assistance Funds Appropriated to the President Agency for International Development assistance for central amercia (transfer of funds) (a) For an additional amount for the “Economic support fund”, $300,000,000, for use pursuant to this heading for Central America, to be derived by transfer from the following amounts appropriated in prior appropriations Acts for the Department of Defense: “Aircraft Procurement, Army”, fiscal year 1985, $10,000,000; “Missile Procurement, Army”, fiscal year 1985, $15,000,000; “Weapons and Tracked Combat Vehicles, Army”, fiscal year 1985, $20,000,000; “Procurement of Ammunition, Army”, fiscal year 1985, $5,000,000; “Other Procurement, Army”, fiscal year 1985, $37,000,000; “Aircraft Procurement, Navy”, fiscal year 1985, $19,000,000; “Weapons Procurement, Navy”, fiscal year 1985, $35,000,000; “Shipbuilding and Conversion, Navy”, fiscal year 1983, $45,000,000; “Other Procurement, Navy”, fiscal year 1985, $5,000,000; “Procurement, Marine Corps”, fiscal year 1985, $8,000,000; “Aircraft Procurement, Air Force”, fiscal year 1985, $101,000,000: Provided, That of the funds obligated in fiscal year 1987 not more than $87,000,000 shall be expended prior to October 1, 1987. (b) Funds transferred pursuant to paragraph (a) shall remain available until September 30, 1987: Provided, That the President shall make available the $300,000,000 transferred pursuant to paragraph (a) for assistance under chapter 4 of part II of the Foreign Assistance Act of 1961 (relating to Economic support fund assistance) for the countries of Central America with democratically elected governments as follows: $54,750,000 shall be made available only for assistance for Guatemala, $54,750,000 shall be made available only for assistance for Costa Rica, $59,750,000 shall be made available only for assistance for Honduras, $129,750,000 shall be made available only for assistance for El Salvador, $1,000,000 shall be made available only for assistance for Belize. (c) Of the funds specified for El Salvador in paragraph (b), $75,000,000 shall be made available only for earthquake relief and reconstruction which shall be used in accordance with the authorities contained in section 491 of the Foreign Assistance Act of 1961. Funds made available for the purposes of this paragraph shall be accounted for separately. (d) Of the funds specified in paragraph (a), less those amounts designated for earthquake assistance by paragraph (c), not less than 40 percent shall be used for assistance in accordance with the policy directions, purposes, and authorities of chapter 1 and chapter 9 of part I of the Foreign Assistance Act of 1961 and the remainder shall be used in a manner which will generate local currencies for use in accordance with those policy directions, purposes, and authorities. (e) The assistance specified in paragraph (b) shall be in addition to the amounts previously allocated for fiscal year 1987 for these countries pursuant to section 653 of the Foreign Assistance Act of 1961. (f) The local currencies generated from the funds specified in paragraph (b) for El Salavdor shall be used for projects described in section 702(e)(2) of the International Security and Development Cooperation Act of 1985 (and of those local currencies, not less than 50 percent shall be for projects assisting agarian reform and the agricultural sector and not less than 10 percent shall be used for judicial reform). (g) Of the aggregate of the funds specified in paragraph (b), $10,000,000 shall be made available only for Child Survival Fund activities in the Central American democracies. (h) The assistance provided under this heading shall be made available consistent with the policies contained in section 702 of the International Security and Development Cooperation Act of 1985 (relating to El Salvador), section 703 of that Act (relating to Guatemala), and chapter 6 of part I of the Foreign Assistance Act of 1961 (relating to the Central American Democracy, Peace, and Development Initiative). (i) Funds made available for assistance pursuant to this heading may be obligated only in accordance with the congressional notification procedures applicable under section 523 of the Foreign Assistance and Related Programs Appropriations Act, 1987, and section 634A of the Foreign Assistance Act of 1961. (j) Of the funds specified for Honduras in paragraph (b), $20,000,000 shall be obligated, but shall not be expended, except as provided in the fourth proviso, until the Government of Honduras and an American citizen, whose property and businesses in the vicinity of Trujillo, Honduras were affected by actions of the Government of Honduras with respect to the Regional Military Training Center, reach a settlement concerning compensation: Provided, That in order to facilitate such a settlement the Department of State shall select an independent factfinder. The factfinder shall correct and expand, as may be appropriate, the exising factfinder’s report. Such report shall be issued by September 30, 1987: Provided further, That if the two parties have not reached a full and final settlement of this matter, including a complete waiver of further claims and liabilities against the Governments of Honduras and the United States, by November 30, 1987, then the Department of State shall request that both parties submit the disagreement to binding international arbitration in accordance with the rules of procedure of the Inter-American Commercial Arbitration Commission. The Commission shall select the arbitrators, and may appoint such experts as it finds necessary in order to establish a base of factual and financial information for the case: Provided further, That if the Government of Honduras refuses to agree to binding international arbitration, then the $20,000,000 shall be deobligated and immediately returned to the Treasury of the United States: Provided further, That if the United States citizen refuses to agree to binding international arbitration and refuses to agree that the award resulting from the arbitration will constitute a full and final settlement of any and all claims, liabilities and demands, including those which may be directed at the United States, its officers, agents and employees, arising directly or indirectly from the establishment of the Regional Military Training Center, then the $20,000,000 shall be made available for expenditure to the Government of Honduras: Provided further, That arbitrators shall consider maintenance costs, interest costs, professional fee costs, land, business and asset valuations and all other matters they deem appropriate: Provided further, That nothing in this provision shall prevent the two parties prior to a final arbitration award from reaching a binding full and final written agreement outside the arbitration proceedings: Provided further, That funds previously appropriated for the Economic support fund shall be used to pay for the reasonable costs of the activities of the factfinder, the International Arbitration Commission, the arbitrators and the experts appointed by the arbitrators. assistance in support of solidarity For an additional amount for the “Economic Support Fund”, $1,000,000, which shall be made available, notwithstanding any other provision of law, only for the support of the independent Polish trade union “Solidarity”. assistance for southern africa For an additional amount for “Energy and selected development activities, Development Assistance”, $50,000,000 to remain available until September 30, 1988: Provided, That none of these funds may be available for activities in Mozambique or Angola: Provided further, That none of these funds may be available to any country for which the President proposes to disburse funds within the Southern Africa Development Coordination Conference until the President certifies that such country (1) has not advocated the form of terrorism, commonly known as “necklacing”, used against South African blacks; (2) has provided assurances that it has taken action against any person who has been found to have practiced necklacing against South African blacks; and (3) is not knowingly allowing terrorists who practice necklacing to operate in its territory: Provided further, That such funds shall be made available only as follows: (a) $37,500,000 shall be made available to assist the member states of the Southern Africa Development Coordination Conference (SADCC) in carrying out the most urgent sector projects supported by SADCC in the following sectors: transportation and communications, energy (including the improved utilization of electrical power sources which already exist in the member states and offer the potential to swiftly reduce the dependence of those states on South Africa for electricity), agricultural research and training, and industrial development and trade (including private sector initiatives): Provided, That of this amount not less than 60 percent shall be used in the transportation sector: Provided further, That none of the funds made available under this paragraph may be made available for the design, rehabilitation, construction, or equipping of any rail or road transportation corridor other than the Northern Corridor, which links southern Africa with Dar es Salaam, Tanzania. (b) $12,500,000 shall be made available for projects and activities for disadvantaged South Africans in accordance with section 535 of the Foreign Assistance Act of 1961, or for humanitarian assistance for the member states of SADCC. Assistance for the member states of SADCC may include such activities as: transport of emergency food and medical supplies; refugee assistance; and disaster relief and rehabilitation assistance which shall be provided pursuant to the authorities contained in section 491 of the Foreign Assistance Act. (c) Of the funds made available for the SADCC member countries for humanitarian assistance by paragraph (b), up to $5,000,000 may be made available for the United Nations Children’s Fund’s emergency appeals for affected countries in southern Africa. (d) None of the funds appropriated by this Act for southern Africa shall be obligated or expended until the President has submitted to the House Foreign Affairs Committee, the Senate Foreign Relations Committee, and the Committees on Approprations the third quarter Project Accounting Information System Report of all economic assistance funds administered by the Agency for International Development that are allocated for southern Africa and which were authorized by the International Security and Development Cooperation Act of 1985 and Public Law 99–440 and, which pursuant to such authorizations were subsequently appropriated. Independent Agencies peace corps For an additional amount to carry out the provisions of the Peace Corps Act (75 Stat. 612) (22 U.S.C. 2501, et seq.), $7,200,000, to remain available until September 30, 1988. Military Assistance Funds Appropriated to the President military assistance For necessary expenses to carry out the provisions of section 503 of the Foreign Assistance Act of 1961, $50,000,000, which shall be used only for the Philippines: Provided, That amounts appropriated under this heading shall be available notwithstanding section 10 of Public Law 91–672 and section 15(a) of the State Department Basic Authorities Act of 1956. foreign military credit sales For an additional amount to carry out the provisions of section 23 of the Arms Export Control Act, $13,000,000 of which $10,000,000 shall be available only for Morocco, and $3,000,000 shall be available only for Kenya. Export Assistance Export-Import Bank of the United States limitation on program activity Notwithstanding the “limitation on program activity” contained in title IV of the Foreign Assistance and Related Programs Appropriations Act, 1987 in Public Law 99–500 and Public Law 99–591, during the fiscal year 1987 and within the resources and authority available, gross obligations for the principal amount of direct loans shall be reduced from $900,000,000 to $680,000,000 and shall be provided under the terms and conditions in the Foreign Assistance and Related Programs Appropriations Act of 1987 as they apply to the Export-Import Bank. General Provisions guaranty reserve fund Section 24(c) of the Arms Export Control Act is amended by striking the second paragraph and inserting the following: “Funds provided for necessary expenses to carry out the provisions of section 23 of the Arms Export Control Act and of section 503 of the Foreign Assistance Act of 1961, as amended, may be used to pay claims on the Guaranty Reserve Fund to the extent that funds in the Guaranty Reserve Fund are inadequate for that purpose.”. repeal of section 215 (2) Section 215(2) of title II of the Military Construction Appropriations Act, 1987 as contained in Public Law 99–500 and Public Law 99–591 is hereby repealed. interamerican development bank It is the sense of the Congress that United States economic and foreign policy interests in the western hemisphere would be best served if the Secretary of the Treasury were to adhere to the Administration’s proposal to modify the voting procedures within the Inter-American Development Bank to require that decisions be taken by the board by a voting majority of 65 percent of the voting shares. dairy surplus products Funds provided for new development projects of private entities and cooperatives utilizing surplus dairy products may also be used for development projects that include surplus dairy livestock under the Dairy Termination Program. CHAPTER V DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Housing Programs payments for the operation of low-income housing projects (including rescission) Of the amounts made available under this head in section 101(g) of Public Laws 99–500 and 99–591 (100 Stat. 1783–242, 3341–242) for payments to public housing agencies and Indian housing authorities, $65,000,000 are rescinded and the balance shall be for payment of operating subsidies under section 9, United States Housing Act of 1937 (42 U.S.C. 1437g): Provided, That, notwithstanding section 9(d) of such Act, any amount of such balance not required for such purpose shall be made available only for increased liability insurance costs not reflected in the performance funding system formula (24 C.F.R. Part 990). For an additional amount for “Payments for the operation of low- income housing projects”, $65,000,000, as authorized by section 9 of the United States Housing Act of 1937, as amended (42 U.S.C. 1437g), to be available for obligation on September 25, 1987, and to remain available until September 30, 1988: Provided, That such amount shall be available only for insurance costs not reflected in the performance funding system formula. rent supplement (rescission) The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 101 of the Housing and Urban Development Act of 1965 (12 U.S.C. 1701s), is further reduced in fiscal year 1987 by not more than $14,420,000 in uncommitted balances of authorizations provided for this purpose in appropriation Acts. rental housing assistance (rescission) The limitation otherwise applicable to the maximum payments that may be required in any fiscal year by all contracts entered into under section 236 of the National Housing Act (12 U.S.C. 1715z–1), is further reduced in fiscal year 1987 by not more than $2,699,000 in uncommitted balances of authorizations provided for this purpose in appropriation Acts. Community Planning and Development urban renewal land disposition proceeds Notwithstanding any other provision of law or other requirement, the City of Camden in the State of New Jersey is authorized to retain any land disposition proceeds from the financially closed-out Center City Urban Renewal Project (No. N.J. R.150) not paid to the Department of Housing and Urban Development and to use such proceeds in accordance with the requirements of the community development block grant program specified in title I of the Housing and Community Development Act of 1974. The City of Camden shall retain such proceeds in a lump sum and shall be entitled to retain and use, in accordance with this section, all past and future earnings from such proceeds, including any interest. INDEPENDENT AGENCIES American Battle Monuments Commission salaries and expenses For an additional amount for “Salaries and expenses”, $3,000,000: Provided, That of the foregoing amount, $1,350,000 shall be available until expended and placed in a reserve for release at the discretion of the Secretary of the American Battle Monuments Commission after consultation with the Congress, and $150,000 shall be available until expended for the establishment of a memorial on Guadalcanal in the Solomon Islands. Consumer Product Safety Commission salaries and expenses Of the funds provided to the Consumer Product Safety Commission for “Salaries and expenses” in Public Law 99–500 and Public Law 99–591, an additional $20,000 shall be available for personnel compensation and benefits for the Commissioners of the Consumer Product Safety Commission appointed pursuant to 15 U.S.C. 2053. Environmental Protection Agency salaries and expenses (transfer of funds) For an additional amount for “Salaries and expenses”, $12,000,000, to be derived by transfer from “Construction grants”. research and development (disapproval of deferral) The Congress disapproves deferral D87–54 relating to the Environmental Protection Agency, “Research and development”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. abatement, control, and compliance Of the funds appropriated to the Environmental Protection Agency for “Abatement, control, and compliance” in Public Law 99–500 and Public Law 99–591 for the purposes of the Asbestos School Hazards Abatement Act of 1984, an additional $2,000,000 shall be available for administrative expenses for section 206(d)(2) Public Law 99–519. (disapproval of deferral) The Congress disapproves deferral D87–55 relating to the Environmental Protection Agency, “Abatement, control, and compliance”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. (transfer of funds) For an additional amount for “Abatement, control, and compliance”, $27,000,000, to remain available until September 30, 1988, and to be derived by transfer from “Construction grants”. construction grants Of the funds appropriated to the Environmental Protection Agency for “Construction grants” in Public Law 99–500 and Public Law 99–591, the $1,200,000,000 which was not to become available until enactment of a subsequent appropriations Act authorizing the obligation of such funds is hereby made available: Provided, That the $1,161,000,000 remaining after the transfers to “Salaries and expenses” and “Abatement, control, and compliance” shall be allocated and used in accordance with the provisions of the Water Quality Act of 1987 (Public Law 100–4). advances to trust funds Pursuant to Public Law 99–500 and Public Law 99–591, amounts advanced to the Hazardous Substance Response Trust Fund shall remain available until expended. hazardous substance response trust fund Of the funds provided to the Environmental Protection Agency for “Hazardous Substance Response Trust Fund” in Public Law 99–500 and Public Law 99–591, no more than $16,000,000 shall be available to carry out the purposes of the Emergency Planning and Community Right-to-Know Act of 1986 (Public Law 99–499). Federal Emergency Management Agency disaster relief For an additional amount for “Disaster relief’, $57,475,000, to remain available until expended. administrative provision The regulation changes to 44 CFR parts 59 and 60 promulgated by the Federal Emergency Management Agency and set forth at 51 Fed. Reg. 30306–30309 (August 25, 1986), which amended the definition, placement, and elevation of mobile homes in an existing mobile home park or mobile home subdivision, as previously defined, shall not be effective from enactment of this Act through September 30, 1988. National Aeronautics and Space Administration construction of facilities (including transfer of funds) For an additional amount for “Construction of facilities”, $303,000,000, to become available on September 25, 1987, and remain available until September 30, 1989, of which $300,000,000 shall be transferred to “Space flight, control and data communications”. Veterans Administration compensation and pensions For an additional amount for “Compensation and pensions”, $80,200,000, to remain available until expended. medical care Of the funds provided under this head in the conference report on H.R. 5313, Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1987, as enacted by Public Law 99–500 and Public Law 99–591, $44,178,000 shall remain available until September 30, 1988, to fund central procurement contracts for the acquisition of automated data processing equipment and contracts for major systems support in amounts not less than $1,000,000 for the Decentralized Hospital Computer Program and the Integrated Hospital System. general operating expenses Of the funds provided under this head in the conference report on H.R. 5313, Department of Housing and Urban Development—Independent Agencies Appropriations Act, 1987, as enacted by Public Law 99–500 and Public Law 99–591, $34,178,000 shall remain available until September 30, 1988, to fund contracts in amounts not less than $1,000,000 for the acquisition of automated data processing equipment and services to support the modernization program of the Department of Veterans Benefits. construction, major projects Of the unobligated balance available under this heading, not to exceed $2,000,000 shall be available for the settlement of a contractor’s claim arising from the construction of an addition to Building No. 1 at the Veterans Administration Medical Center, Huntington, West Virginia; and, notwithstanding any other provision of law, not to exceed $900,000 from the unobligated balance under this heading shall be available for the settlement of a contractor’s claim arising from the construction of the Basic Science Addition at the Veterans Administration Medical Center, Huntington, West Virginia, authorized pursuant to Public Law 92–541, as amended. veterans job training For payments to defray the costs of training and provision of incentives to employers to hire and train certain veterans as au-thorized by the Veterans’ Job Training Act, as amended (29 U.S.C. 1721), $30,000,000, to remain available until September 30, 1989. loan guaranty revolving fund For expenses necessary to carry out Loan Guaranty and insurance operations, as authorized by law (38 U.S.C. chapter 37, except administrative expenses, as authorized by section 1824 of such title), $100,000,000, to remain available until expended. administrative provision The mission of the Veterans Administration Medical Center at Walla Walla, Washington, shall not be changed from that in existence on January 1, 1987. CHAPTER VI DEPARTMENT OF THE INTERIOR Bureau of Land Management management of lands and resources For an additional amount for “Management of lands and resources”, $2,126,000, of which $1,255,000 for hazardous waste site activities in Oroville, Washington, shall remain available until September 30, 1988. United States Fish and Wildlife Service resource management For an additional amount for “Resource management”, $3,100,000. construction and anadromous fish For an additional amount for “Construction and anadromous fish”, $15,000,000, to remain available until expended. land acquisition For an additional amount for “Land acquisition”, $5,815,000, to be derived from the Land and Water Conservation Fund, to remain available until expended. National Park Service operation of the national park service For an additional amount for “Operation of the national park system”, $18,250,000. land and water conservation fund (rescission) The contract authority provided for fiscal year 1987 by 16 U.S.C. 4601–10a is rescinded. land acquisition and state assistance For an additional amount for “Land acquisition and State assistance”, $22,910,000, to be derived from the Land and Water Conservation Fund, to remain available until expended: Provided, That pursuant to 16 U.S.C. 251k, the Secretary may acquire the 270-acre parcel known as Keystone Spit on Whidbey Island, Washington, and convey such parcel to the State of Washington in exchange for the approximately 1,000 acres of tidelands owned by such State within the boundary of Olympic National Park: Provided further, That if recreational uses of these tidelands must be regulated, the National Park Service shall consult with the State of Washington prior to the implementation of any such regulations: Provided further, That the exchange must include the mineral rights of the tidelands. administrative provision Notwithstanding any other provision of law, the pesticide application program described in the West Virginia Department of Natural Resources’ permit application to conduct a pesticide (bacillus thuringiensis israelensis [Bti]) spraying program on the New River, West Virginia, to control the rivers black fly (Simulium jenningsi) population, received by the Superintendent of New River Gorge National River, West Virginia, on September 9, 1986, is hereby approved as a demonstration project for a period of eight years from the date of enactment of this Act, unless the pesticide Bti is removed from the registered list of pesticides, as determined by the Environmental Protection Agency, at an earlier date. No additonal analyses, proposals, or approvals will be required for the State to conduct similar pesticide application programs during the period of the demonstration project provided herein. The State shall notify the National Park Service of its planned annual program at least ninety days in advance of spraying, and shall consider the recommendations provided by the National Park Service, the United States Fish and Wildlife Service, and other parties in the conduct of the pesticide application program. The State shall also enter into an indemnity agreement with the National Park Service which will protect the Service from all tort claims which might arise from the State’s spraying program. The State and the National Park Service shall jointly conduct a monitoring program on the effects of the pesticide application, including the impact on natural, cultural and recreational values of the National River. Geological Survey surveys, investigations, and research For an additional amount for “Surveys, investigations, and re-search”, $2,597,000, of which $597,000 shall remain available until expended. Minerals Management Service leasing and royalty management For an additional amount for “Leasing and royalty management”, $800,000: Provided, That none of the funds in this or any other Act may be used in implement, prior to November 1, 1987, a rule which modifies the product valuation guidelines of the Minerals Management Service. OFFICE OF SURFACE MINING RECLAMATION AND ENFORCEMENT ABANDONED MINE RECLAMATION FUND Section 405(k) of the Surface Mining Control and Reclamation Act of 1977 (Public Law 95–87) is amended by adding at the end thereof, “except for purposes of subsection (c) of this section with respect to the Navajo, Hopi and Crow Indian Tribes”. Bureau of Indian Affairs operation of indian programs For an additional amount for “Operation of Indian programs”, $3,153,000: Provided, That not to exceed $226,000 shall be paid for the settlement of three appeals related to mineral leasing revenues that have been collected and disbursed to Indian allottees. The Bureau of Indian Affairs shall not transfer funds under a contract with any third party for the management of tribal or individual Indian trust funds until the funds held in trust for such tribe or individual have been audited and reconciled and the tribe or individual has been provided with an accounting of such funds, and the appropriate Committees of the Congress and the tribes have been consulted with as to the terms of the proposed contract or agreement: Provided, That the Bureau may not implement any regulations (and any amendments to, or revisions of, regulations) relating to the Bureau of Indian Affairs’ Higher Education Grant Program that were not in effect on March 1, 1987, until after Congress has completed the fiscal year 1988 appropriations process, nor may the Bureau implement or take steps leading to implementation of proposed initiatives, including but not limited to imposition of a flat fifteen per centum administrative fee for tribal contractors, and imposition of tuition fees at Bureau post-secondary schools, until Congress has reviewed all such initiatives and approved them as part of the fiscal year 1988 appropriations process. GENERAL PROVISIONS Any funds appropriated under Public Law 84–747 (64 Stat. 573) in satisfaction of judgment awarded the Choctaw Nation of Oklahoma in Docket Numbered 16 of Indian Claims Commission which have not been distributed on the date of enactment of this Act (including all interest and investment income accrued thereon) shall be held in trust by the Secretary of the Interior for the Choctaw Nation of Oklahoma and shall be invested under the Act of June 24, 1938 (25 U.S.C. 162a). The funds may be used on an annual budgetary basis by the tribal governing body subject to the approval of the Secretary. None of the funds in this or any other Act shall be available prior to March 31, 1988, to issue a patent for an oil shale mining claim located prior to enactment of the Mineral Lands Leasing Act of 1920 (30 U.S.C. 181, et seq., 41 Stat. 437), as provided for under the General Mining Law of 1872, as amended (30 U.S.C. 22, et seq., 17 Stat. 91) except for patent applications C–012327, C–016671, C–023661, C–41836, C–43354, C–39464, C–38579, C–38402, C–35080, and C–36293. RELATED AGENCIES DEPARTMENT OF AGRICULTURE Forest Service state and private forestry (including transfer of funds and disapproval of deferral) For an additional amount for “State and private forestry”, $8,000,000, of which $7,005,000 shall remain available until expended, and of which $995,000 shall be transferred to the “Forest Research” appropriation account of the Forest Service, to remain available until expended. The Congress disapproves deferral D87–35 relating to the Forest Service, “State and private forestry”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. construction For an additional amount for “Construction”, $1,000,000, to remain available until expended. land acquisition (disapproval of deferral) The Congress disapproves deferral D87–36 relating to the Forest Service, “Land acquisition”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. timber roads, purchaser election, forest service (rescission) (including disapproval of deferral) Of the funds previously made available and unobligated in this permanent appropriation account, $30,000,000 is rescinded. The Congress disapproves deferral D87–37 relating to the Forest Service, “Timber roads, purchaser election. Forest Service”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. This disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. highway construction: mount st. HELENS NATIONAL VOLCANIC MONUMENT For payment of obligations incurred for construction of a road serving the Mount St. Helens National Volcanic Monument, $9,915,000, to be derived from the Highway Trust Fund (other than Mass Transit Account), to remain available until expended to liquidate the contract authority provided in title II of the Interior and Related Agencies Appropriations Act, 1987, as included in section 101(h) of Public Law 99–500 and Public Law 99–591. acquisition of lands for national forests special acts Public Law 99–500 and Public Law 99–591, section 101(h), Interior and Related Agencies Appropriations Act, 1987, under this head, is amended by inserting “, Wasatch” after the word “Cache”. department of health and human services Health Resources and Services Administration indian health services Personnel ceilings may not be imposed on the Indian Health Service nor may any action be taken to reduce the full-time equivalent level of the Indian Health Service by the elimination of temporary employees by reduction in force, hiring freeze or any other means without Congress having reviewed and approved such a proposal as part of the fiscal year 1988 appropriations process. Smithsonian Institution salaries and expenses For an additional amount for “Salaries and expenses”, $700,000. United States Holocaust Memorial Council holocaust memorial council Public law 96–388, as amended (36 U.S.C. 1401 et seq.) is further amended as follows: (1) 36 U.S.C. 1405(a) is amended by deleting the words “the President upon the recommendation of the Chairperson of the Council” and substituting “the Chairperson of the Council, subject to confirmation of the Council”, and adding the following new sentence: “The Executive Director shall serve at the pleasure of the Council.”; (2) 36 U.S.C. 1405(b) is amended by striking the “.” in subsection (2) and adding “; and” after “law” and adding the following new subsection: “(3) implement decisions of the Council, in the manner directed by the Council, and perform such other functions as may be assigned from time to time by the Council, the Executive Committee of the Council, or the Chairperson of the Council.”. general provision Notwithstanding the provisions of Public Law 99–663, which established the Columbia River Gorge National Scenic Area, the Pierce National Wildlife Refuge and the Little White Salmon National Fish Hatchery shall continue to be administered, operated and maintained in accordance with the provisions of the National Wildlife Refuge System Administration Act, Fish and Wildlife Coordination Act, and Fish and Wildlife Act of 1956 by the U.S. Fish and Wildlife Service. CHAPTER VII DEPARTMENT OF LABOR Employment and Training Administration training and employment services For an additional amount for “Training and employment services” for activities authorized by sections 236, 237, and 238 of the Trade Act of 1974, as amended, $20,000,000. community service employment for older americans For an additional amount for “Community service employment for older Americans”, to carry out the activities for national grants or contracts with public agencies and public or private nonprofit organizations under paragraph (1)(A) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $7,800,000. For an additional amount for “Community service employment for older Americans”, to carry out the activities for grants to States under paragraph (3) of section 506(a) of title V of the Older Americans Act of 1965, as amended, $2,200,000. state unemployment insurance and employment service operations For an additional amount for “State unemployment insurance and employment service operations”, $65,000,000 from the Employment Security Administration account in the Unemployment Trust Fund, of which $15,000,000 shall be used to carry out the targeted jobs tax credit program under section 51 of the Internal Revenue Code of 1986, and of which $27,500,000 shall be available only to the extent necessary to administer unemployment compensation laws to meet increased costs of administration resulting from changes in a State law or increases in the number of unemployment insurance claims filed and claims paid or increased salary costs resulting from changes in State salary compensation plans embracing employees of the State generally over those upon which the State s basic allocation was based, which cannot be provided for by normal budgetary adjustments based on State obligations as of December 31, 1987. DEPARTMENT OF HEALTH AND HUMAN SERVICES Health Resources and Services Administration health resources and services For an additional amount for “Health resources and services”, $18,750,000 for carrying out title V of the Social Security Act, as amended. Centers for Disease Control disease control, research, and training For an additional amount for “Disease control, research, and training”, $20,000,000. National Institutes of Health national institute on aging For an additional amount for “National Institute on Aging”, $750,000. national center for nursing research For an additional amount for “National Center for Nursing Research”, $1,000,000. Public Health Service public health emergency fund For carrying out title III, section 319 of the Public Health Service Act, as amended, $30,000,000 for the emergency provision of drugs determined to prolong the life of individuals with Acquired Immune Deficiency Syndrome, to remain available until September 30, 1988. Family Support Administration work incentives For an additional amount for “Work incentives”, $23,000,000. Office of Human Development Services family social services (including transfer of funds) For an additional amount for “Family social services”, $165,227,000 for part E of title IV of the Social Security Act, of which $43,583,000 shall be derived from unobligated balances in “Social Services Block Grant”: Provided, That of the total additional amount, $127,184,000 shall be available for foster care and $38,043,000 shall be available for adoption assistance. For an additional amount for Home Delivered Nutrition Services under subpart 2 of part C of title III of the Older Americans Act of 1965, $1,400,000. DEPARTMENT OF EDUCATION rehabilitation services and handicapped research Of the funds appropriated for Rehabilitation Services and Handicapped Research for fiscal year 1987, $15,860,000 is available for Special Demonstration Programs under section 311(a)(b)(c). vocational and adult education Of the $11,000,000 appropriated for fiscal year 1987 for title IV of the Carl D. Perkins Vocational Education Act, $7,050,000 shall be for activities authorized by part A, including $6,000,000 for section 404, $450,000 shall be for section 415 of part B, and $3,500,000 shall be for section 422 of part C. student financial assistance (including transfer of funds) For an additional amount for “Student financial assistance”, $287,000,000, to be derived by transfer from “Guaranteed student loans”. The allotment of the State of Louisiana under subpart 3 of part A of title IV of the Higher Education Act of 1965, from funds appropriated for fiscal year 1987, shall be expended without regard to the provision of sections 415A(a), 415C(b) (6), (8) and (10) of such subpart. higher education For an additional amount for “Higher education”, $3,300,000, of which $1,000,000 shall be for activities authorized under part B of title III of the Higher Education Act, $1,000,000 shall be for activities authorized under part A of title VI of said Act, and $1,300,000 shall be for activities authorized under part C of title IX of said Act. chicago litigation settlement (transfer of funds) To enable the United States of America to satisfy in full any and all obligations it may have to provide financial assistance for the Chicago Board’s Desegregation Plan under section 15.1 of the Consent Decree entered in the case United States v. Board of Education of the City of Chicago, 80 C 5124, and to resolve all claims of the Chicago Board and all litigation concerning the United States’ obligations to the Chicago Board under section 15.1, there is hereby appropriated $83,000,000 to be derived by transfer of remaining unobligated or contingently obligated balances of appropriations for fiscal years 1983 through 1986 for the Department of Education that would have been expended or lapsed but for the escrow provisions established as a result of the litigation between the Chicago Board and the United States: Provided, That the Secretary of Education shall make these funds available to the Board to be used only for desegregation activities in accordance with the terms and conditions of the Consent Decree: Provided further, That these funds shall be made available to the Board in five equal annual grants beginning in fiscal year 1988: Provided further, That this $83,000,000 reappropriation constitutes full and final satisfaction of any and all past, present and future claims that the Chicago Board may have against the United States arising under or resulting from section 15.1 of the Consent Decree, and releases the United States from any further liability under section 15.1: Provided further, That the funds appropriated by this Act shall remain available until expended. RELATED AGENCIES National Commission To Prevent Infant Mortality operating expenses For “Operating expenses”, $700,000, to remain available until September 30, 1988. CHAPTER VIII LEGISLATIVE BRANCH SENATE Payments to Widows and Heirs of Deceased Members of Congress For a payment to Cecile F. Zorinsky, widow of Edward Zorinsky, late a Senator from Nebraska, $89,500. Salaries, Officers and Employees office of the secretary For an additional amount for “Office of the Secretary”, $100,000. Administrative, Clerical and Legislative Assistance to Senators For an additional amount for “Administrative, Clerical and Legislative Assistance to Senators”, $27,700, which shall not be available until July 1, 1987. Miscellaneous Items For an additional amount for “Miscellaneous items”, $1,800,000. Administrative Provisions Section 1. (a) The Secretary of the Senate shall, upon the written request of the Majority or Minority Leader of the Senate, transfer from any available funds in such Leader’s allotment in the Leader’s Representation Allowance (as defined in subsection (b)(1)) for any fiscal year (commencing with the fiscal year ending September 30, 1985) to such Leader’s Expense Allowance (as defined in subsection (b)(2)) to such year such amount as is specified in the request. Any funds so transferred for any fiscal year at the request of either such Leader shall be available to such Leader for such year for the same purposes as, and in like manner and subject to the same conditions as, are other funds which are available to him for such year as his expense allowance as Majority or Minority Leader. (b) (1) The term ”Leader’s Representation Allowance” means the Representation Allowance Account for the Majority and Minority Leaders established by section 197 of Public Law 99–88 (2 U.S.C. 31a–2). (2) The term “Leader’s Expense Allowance”, when used in reference to the Majority or Minority Leader of the Senate, refers to the moneys available, for any fiscal year, to such Leader as an expense allowance and the appropriation account from which such moneys are funded. Sec. 2. (a) The Secretary of the Senate is authorized to use any available funds (but not in excess of $25,000 for any fiscal year), out of the appropriation account (within the Contingent Fund of the Senate) for the Secretary of the Senate, to assist him in the proper discharge, within the United States, of his appropriate responsibilities to members of foreign parliamentary groups or other foreign officials. (b) The provisions of subsection (a) shall be effective in the case of expenditures for fiscal years ending after September 30, 1986. Sec. 3. (a) Effective July 1, 1987, the table contained in section 105(d)(1) of the Legislative Branch Appropriation Act of 1968, as amended (2 U.S.C. 61–1(d)(1)), is amended by striking out— “$904,114 if such population is 5,000,000 but less than 7,000,000;” and inserting in lieu thereof “$904,114 if such population is 5,000,000 but less than 6,000,000; “$931,810 if such population is 6,000,000 but less than 7,000,000;”. (b) Effective July 1, 1987, the administrative and clerical allowance of each Senator from the State of Georgia and the State of North Carolina is increased to that allowed Senators from States having a population of six million but less than seven million, the population of said State having exceeded six million inhabitants. (c) Effective July 1, 1987, the administrative and clerical allowance of each Senator from the State of Indiana, the State of Massachusetts, the State of Missouri, and the State of Virginia, is that allowed Senators from States having a population of five million but less than six million. Sec. 4. The chairman of the Majority or Minority Conference Committee of the Senate may, during the fiscal year ending September 30, 1987, at his election, transfer not more than $40,000 from the appropriation account for salaries for the Conference of the Majority and the Conference of the Minority of the Senate, to the account, within the contingent fund of the Senate, from which expenses are payable under section 120 of Public Law 97–51 (2 U.S.C. 61g–6). Any transfer made at such time or times as such chairman shall specify in writing to the Senate Disbursing Office. Any funds so transferred by the chairman of the Majority or Minority Conference Committee shall be available for expenditure by such committee in like manner and for the same purposes as are other moneys which are available for expenditure by such committee from the account, within the contingent fund of the Senate, from which expenses are payable under section 120 of Public Law 97–51 (2 U.S.C. 61g–6). Sec. 5. Section 101(j) of Public Law 99–591 is amended by adding at the end thereof the following new sentence; “For purposes of the preceding sentence, the figure ‘$177,435,714’ which appears in such H.R. 5203, in title I, under the item ‘salaries, officers and employees’, shall be deemed to be ‘$177,535,714’.”. HOUSE OF REPRESENTATIVES Payments to Widows and Heirs of Deceased Members of Congress For payment to Elizabeth J. Grotberg, widow of John E. Grotberg, late a Representative from the State of Illinois, $75,100. For payment to Joy Temes, daughter of Sala Burton, late a Representative from the State of California, $77,400. Contingent Expenses of the House standing committees, special and select For an additional amount for “Standing committees, special and select”, $1,950,000. allowances and expenses For an additional amount for “Allowances and expenses”, $9,508,000, including “Supplies, materials, administrative costs and Federal tort claims”, $8,893,000, of which $6,845,000 shall remain available until expended for the purchase of a telephone switch for the House of Representatives; “Reemployed annuitants reimbursements”, $368,000; and a special session or ceremony of the Congress in honor of the Bicentennial of the Constitution, $247,000, subject to adoption of an authorizing resolution. Salaries, Officers and Employees For an additional amount for “Salaries, officers and employees”, $371,000, including “Office of the Clerk”, $280,000; “Office of the Sergeant at Arms”, $72,000; and “Office of the Law Revision Counsel”, $19,000. Administrative Provision Section 101(j) of the Legislative Branch Appropriations Act, 1987 (Public Law 99–500 and Public Law 99–591) is amended by inserting “ ‘House leadership offices,’ ” after “ ‘Allowances and expenses,’ ”. JOINT ITEMS Capitol Police general expenses For an additional amount for “General expenses”, $180,000. Capitol Guide Service For an additional amount to “Capitol Guide Service”, $109,000. Administrative Provisions Title I of the Legislative Branch Appropriations Act, 1987 (Public Law 99–500 and Public Law 99–591) is amended, in clause (4) of the paragraph relating to “Office of the Attending Physician” under the main heading “Joint Items”, by striking out “eleven” and inserting in lieu thereof “twelve”. Effective October 18, 1986, section 101(jl of the joint resolution making continuing appropriations for the fiscal year 1987, and for other purposes (Public Laws 99–500 and 99–591; 100 Stat. 1783–287, 3341–287) is amended by inserting “, and the provisions of H.R. 5203 (to such extent and in such manner) shall be effective as if enacted into law” immediately before the period at the end. OFFICE OF TECHNOLOGY ASSESSMENT salaries and expenses For an additional amount for “Salaries and expenses”, $350,000. CHAPTER IX MILITARY CONSTRUCTION Administrative Provisions mather air force base The Department of Defense is directed to terminate all work in connection with the study for possible base closure of Mather Air Force Base, California. family housing, navy and marine corps In addition to any other funds which may be available for such purpose, the Secretary of the Navy is authorized to expend monies made available by the City of San Diego, California for the relocation or replacement of four family housing units in San Diego, California as a consequence of a final judgment in United States v. 35.934 Acres of Land, et al., Civil Action No. 800–0021–E in United States District Court for the Southern District of California. torrejon air base, spain It is the sense of the Congress that all facility construction costs associated with the relocation of the Tactical Fighter Wing at Torrejon Air Base, Spain, to another location, should be the responsibility of the North Atlantic Treaty Organization. naval air station, adak, alaska Within the funds previously appropriated for military construction planning and design, Navy, $1,500,000 shall be available for design of a middle school at Naval Air Station, Adak, Alaska. CHAPTER X DEPARTMENT OF AGRICULTURE special supplemental food program for women, infants, and children Section 17(g)(1) of the Child Nutrition Act of 1966 is amended— (1) by inserting “and” after “September 30, 1986,”; and (2) by striking “and September 30, 1988” and all that follows through the end of the sentence and inserting in lieu thereof “September 30, 1988, and September 30, 1989.”. Office of the Secretary of Agriculture investigations of changes needed in farm programs in order to restore the american farm economy To enable the Secretary of Agriculture to investigate whether producers of basic agricultural commodities, including soybeans, favor the imposition of mandatory limits on the production of basic agricultural commodities, including soybeans, that will result in prices for such commodities that provide a fair return to the farm producer at not less than the cost of production, $6,000,000. To enable the Secretary of Agriculture to investigate the quantity of each basic agricultural commodity, including soybeans, needed by crop year to meet domestic consumption, to maintain an adequate reserve, and to regain and retain our fair share of world markets, $2,000,000. To enable the Secretary of Agriculture to investigate the changes needed in existing rules and regulations of the Department of Agriculture to provide for implementation of mandatory limits on the production of basic agricultural commodities, including soy-beans, and nonrecourse loans on basic agricultural commodities, including soybeans, that reflect a fair return to the farm producer at not less than the cost of production, $2,000,000. Agricultural Research Service For an additional amount for “Agricultural Research Service”, $9,891,000, to remain available until expended. Cooperative State Research Service For an additional amount for “Cooperative State Research Service”, $300,000: Provided, That of the amounts appropriated under the heading “Cooperative State Research Service” in the Agriculture, Rural Development, and Related Agencies Appropriations Act, 1987, made applicable by section 101(a) of the Continuing Appropriations Act, 1987 (Public Law 99–500 and Public Law 99–591), for payments to agricultural experiment stations to carry out the purposes of the Hatch Act, as amended (7 U.S.C. 361a–361i), any monies available for allotment to any recipient, but withheld by the Secretary of Agriculture for failure to meet the matching requirements of the Hatch Act, may be reapportioned to other agricultural experiment stations and used to carry out the purposes of the Hatch Act: Provided further, That no experiment station that received funds under the Hatch Act during fiscal year 1986 shall receive a total allotment in fiscal year 1987 that exceeds the total allotment it received in fiscal year 1986. For grants to States for the establishment and operation of international trade development centers, as authorized by the National Agricultural Research Extension and Teaching Policy Act of 1977, as amended (7 U.S.C. 3292), $3,200,000, to remain available until expended. buildings and facilities For acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities and for grants to States and other eligible recipients for such purposes, as necessary to carry out the agricultural research, extension and teaching programs of the Department of Agriculture, where not otherwise provided, $30,200,000, to remain available until expended: Provided, That of available funds under “Agricultural Stabilization and Conservation Service, Rural Clean Water Program”, $6,000,000 are rescinded. extension service For an additional amount for “Extension Service, Federal administration and coordination”, for special grants for financially stressed and dislocated farmers, $300,000, to remain available until expended. Animal and Plant Health Inspection Service For an additional amount for “Animal and Plant Health Inspection Service”, $8,500,000. Agricultural Stabilization and Conservation Service (transfer of funds) For an additional amount for “Agricultural Stabilization and Conservation Service, Salaries and expenses”, $24,000,000: Provided, That not to exceed $24,000,000 of the above amount may be transferred to this account from the Commodity Credit Corporation. Dairy Indemnity Program For the Dairy Indemnity Program, an additional $553,000, to remain available until expended: Provided, That this amount shall be transferred to the Commodity Credit Corporation: Provided further, That the Secretary is authorized to utilize the services, facilities, and authorities of the Commodity Credit Corporation for the purpose of making dairy indemnity disbursements. General Sales Manager (transfer of funds) Not to exceed an additional $705,000 may be transferred from the Commodity Credit Corporation funds to the General Sales Manager to help implement export programs, including the adjustment of the offering price to remain competitive, as authorized by law, and programs mandated in the Food Security Act of 1985. Commodity Credit Corporation reimbursement for net realized losses (transfer of funds) To reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to the Act of August 17, 1961 (15 U.S.C. 713a–11, 713a–12), $5,553,189,000, such funds to be available, together with other resources available to the Corporation, to finance the Corporation’s programs and activities during fiscal year 1987: Provided, That of the foregoing amount not to exceed the following amounts shall be available for the following programs: export guaranteed loan claims, $300,000,000; conservation reserve program, $400,000,000; additional payments to producers under section 633(B) of the Agriculture, Rural Development, and Related Agencies Appropriations Act, 1987 (Public Law 99–500 and Public Law 99–591), which shall be made to cover the difference between the partial payment and the amount of the full claim, $135,000,000, and for other disaster payments required by the Farm Disaster Assistance Act of 1987, $25,000,000; and interest payments to the United States Treasury, $440,000,000: Provided further, That five per centum of the funds available for the conservation reserve program in this Act shall be transferred to the conservation operations account of the Soil Conservation Service for services of its technicians in carrying out the conservation programs of the Food Security Act of 1985. honey Section 1001(2)(C) of the Food Security Act of 1985 (7 U.S.C. 1308(2)(C), as amended by Public Law 99–500 and Public Law 99–591, is amended— (1) by inserting “(i)” after “(C)”, and (2) by adding at the end the following: “(ii) No certificate redeemable for stocks of a commodity held by the Commodity Credit Corporation may be redeemed for honey held by the Corporation.”. Farmers Home Administration The Secretary may adjust interest rates on existing nonsubsidized loans if he determines such interest rates are excessive in relation to prevailing commercial rates for comparable loans: Provided, That such rate adjustments shall constitute a change in the loan agreement and not a new loan. The limitations on loan prepayments contained in section 634 of the Agriculture, Rural Development, and Related Agencies Appropriations Act, 1987 shall remain in effect through September 30, 1987. rural development grants For a grant pursuant to section 310B(c) of the Consolidated Farm and Rural Development Act, as amended (7 U.S.C. 1932), for the development of Choctaw Regional Rural Industrial Park, $3,000,000. rural housing insurance fund During fiscal year 1987, and within the resources and authority available, obligations for direct loans and related advances pursuant to section 515 of the Housing Act of 1949 (42 U.S.C. 1485), shall not exceed $554,900,000. For an additional amount for rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) of the Housing Act of 1949, as amended, $115,000,000, to be used for contracts for newly constructed units financed under sec-tions 514, 515 and 516 of the Housing Act of 1949 (42 U.S.C. 1484, 1485,1486). loan regulations Hereafter, funds appropriated or available to the Farmers Home Administration under this or any other Act to make or to service farm loans shall be available for continuing assistance to delinquent borrowers on the basis of the policies contained in Farmers Home Administration Announcement Number 1113–1960, dated November 30, 1984. Hereafter, none of the funds appropriated or made available by this or any other Act, or otherwise made available to the Secretary of Agriculture or the Farmers Home Administration, may be used to implement section 1944.16(c)(1) of title 7, Code of Federal Regulations, as published in 52 Federal Register 11983 (April 14, 1987) or any other regulation that would have the same effect as such regulation, rural electrification administration Hereafter, notwithstanding section 306A(d) of the Rural Electrification Act of 1936 (7 U.S.C. 936a(d)), a borrower of a loan made by the Federal Financing Bank and guaranteed under section 306 of such Act (7 U.S.C. 936) may, at the option of the borrower, prepay such loan (or any loan advance thereunder) in accordance with section 306A of such Act. Soil Conservation Service watershed and flood prevention operations For an additional amount for “Soil Conservation Service, Watershed and flood prevention operations” for the watersheds authorized under the Flood Control Act approved June 22, 1936 (33 U.S.C. 701, 16 U.S.C. 1006a), as amended and supplemented, $300,000. Food and Nutrition Service child nutrition programs change in tuition limitation for private schools (a) School Lunch Programs.— Section 12(d)(5) of the National School Lunch Act (42 U.S.C. 1760(d)(5)) is amended to read as follows: “(5) ‘School’ means (A) any public or nonprofit private school of high school grade or under, (B) any public or licensed non-profit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded, but excluding Job Corps Centers funded by the Department of Labor), and (C) with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) of this paragraph, the term ‘nonprofit’, when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1954.”. (b) School Breakfast Programs.— Section 15(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1784(c)) is amended to read as follows: “(c) ‘School’ means (A) any public or nonprofit private school of high school grade or under, including kindergarten and preschool programs operated by such school, (B) any public or licensed nonprofit private residential child care institution (including, but not limited to, orphanages and homes for the mentally retarded, but excluding Job Corps Centers funded by the Department of Labor), and (C) with respect to the Commonwealth of Puerto Rico, nonprofit child care centers certified as such by the Governor of Puerto Rico. For purposes of clauses (A) and (B) of this paragraph, the term ‘nonprofit’, when applied to any such private school or institution, means any such school or institution which is exempt from tax under section 501(c)(3) of the Internal Revenue Code of 1954.”. (c) Effective Date.— The amendments made by subsections (a) and (b) shall take effect on July 1, 1987. reimbursement Of the funds made available under the heading “child nutrition programs” of title III of the provisions made effective by section 101(a) of Public Law 99–190 but not requested through an official budget request transmitted to the Congress, $167,500,000 shall be available to the Secretary of Agriculture to reimburse State agencies for meals served under child nutrition programs conducted under the National School Lunch Act (42 U.S.C. 1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) in September 1987. special milk program For an additional amount for “Food and Nutrition Service, Special milk program”, $3,426,000. Foreign Agricultural Service For an additional amount for “Foreign Agricultural Service” to offset increases in overseas costs, $1,500,000. Office of International Cooperation and Development (transfer of funds) Funds available to the Department of Agriculture during fiscal year 1987 shall be available to assist an international organization in meeting the costs, including salaries, fringe benefits and other associated costs, related to the employment by the organization of Federal personnel that may transfer to the organization under the provisions of 5 U.S.C. 3581–3584, or of other well-qualified United States citizens, for the performance of activities that contribute to increased understanding of international agricultural issues. Such funds may be transferred for such purpose from one appropriation to another or to a single account: Provided, That not to exceed a total of $500,000 may be expended for such purpose and such amount shall remain available until expended. Food and Drug Administration For an additional amount for “Food and Drug Administration, Salaries and expenses”, $1,500,000 for evaluation and analysis of the drugs, vaccines, and tests for treatment of Acquired Immune Deficiency Syndrome. For an additional amount for orphan drug grants and contracts, $500,000. Section 3 of the Saccharin Study and Labeling Act (21 U.S.C. 348 nt.) is amended by striking out “May 1, 1987” and inserting in lieu thereof “May 1, 1992”. CHAPTER XI DEPARTMENT OF TRANSPORTATION Coast Guard operating expenses (transfer of funds) For an additional amount for “Operating expenses”, $4,120,000, to be derived by transfer from “United States Customs Service, Operation and Maintenance, Air Interdiction Program”: Provided, That this provision shall be effective only upon validation of the transfer by the General Accounting Office. Federal Aviation Administration operations (transfer of funds) For an additional amount for “Operations”, $60,000,000, of which $11,619,000 shall be derived by transfer from “Operation and maintenance, Metropolitan Washington airports”, and $5,000,000 shall be derived by transfer from “Construction, Metropolitan Washington airports”. grants-in-aid for airports (liquidation of contract authorization) (airport and airway trust fund) For an additional amount for liquidation of obligations incurred for airport planning and development under section 14 of Public Law 91–258, as amended, and under other laws authorizing such obligations, and obligations for noise compatibility planning and programs, $160,000,000, to be derived from the Airport and Airway Trust Fund and to remain available until expended: Provided, That the first proviso under the heading “Grants-in-Aid for Airports (Liquidation of Contract Authorization) (Airport and Airway Trust Fund)”, as contained in the Department of Transportation and Related Agencies Appropriations Act, 1987, 99th Congress, H.R. 5205, to the extent and in the manner provided for in the conference report and joint explanatory statement of the committee of conference thereon, 99th Congress, House Report 99–976, as filed in the House of Representatives on October 7, 1986, as if enacted into law, pursuant to section 101(1) of Public Law 99–500 and Public Law 99–591, approved October 30, 1986, is amended as follows: “Provided, That none of the funds in this Act shall be available for the planning or execution of programs the commitments for which are in excess of $1,000,000,000 in fiscal year 1987 for grants-in-aid for airport planning and development and noise compatibility planning and programs, notwithstanding section 506(e)(4) of the Airport and Airway Improvement Act of 1982, as amended: Provided further, That an additional $25,000,000 of such commitments may be made in fiscal year 1987 using unobligated amounts in the supplementary discretionary fund provided by sections 505(a) and 507(a)(3)(B) of such Act, without affecting the amount authorized to be appropriated from the Airport and Airway Trust Fund under section 506(c), the amount of apportionments required to be made under section 507, or the satisfaction of general limitations under section 508(d) of such Act.”. aircraft purchase loan guarantee program For the settlement of promissory notes issued to the Secretary of the Treasury, $2,602,000, to remain available until expended, together with such sums as may be necessary for the payment of interest due under the terms and conditions of such notes. Federal Highway Administration motor carrier safety grants (liquidation of contract authorization) (highway trust fund) For payment of obligations incurred in carrying out the provisions of section 402 of Public Law 97–424, $35,000,000, to be derived from the Highway Trust Fund and to remain available until expended. baltimore-washington parkway (highway trust fund) (transfer of funds) For an additional amount for “Baltimore-Washington Parkway”, $2,000,000, to be derived by transfer from “Motor Carrier Safety Grants” and to remain available until expended. highway safety and economic development demonstration projects (highway trust fund) (transfer of funds) For an additional amount for “Highway Safety and Economic Development Demonstration Projects”, $5,000,000, to be derived by transfer from “Motor Carrier Safety Grants” and to remain available until expended. highway safety improvement demonstration project (highway trust fund) (transfer of funds) For an additional amount for “Highway Safety Improvement Demonstration Project”, $2,000,000, to be derived by transfer from “Motor Carrier Safety Grants” and to remain available until expended. highway-railroad grade crossing safety demonstration project (highway trust fund) (transfer of funds) For an additional amount for “Highway-Railroad Grade Crossing Safety Demonstration Project”, $2;000,000, to be derived by transfer from “Motor Carrier Safety Grants” and to remain available until expended. vehicular and pedestrian safety demonstration project (highway trust fund) (transfer of funds) For the purpose of carrying out a demonstration of methods of improving vehicular and pedestrian safety on roads on the Federal-aid urban and Federal-aid secondary systems, involving Route 66 in Northampton and Huntington, Massachusetts, there is hereby authorized to be appropriated $12,000,000, to be derived from the Highway Trust Fund and to remain available until expended, of which $5,000,000 is hereby appropriated to be derived by transfer from “Motor Carrier Safety Grants” and to remain available until expended: Provided, That all funds appropriated under this head shall be exempt from any limitation on obligations for Federal-aid highways and highway safety construction programs. National Highway Traffic Safety Administration operations and research (transfer of funds) For an additional amount for “Operations and Research”, $1,000,000, to be derived from unobligated balances of funds made available by section 311 of Public Law 96–131 for replacement of facilities associated with Interstate Route 170 and to be merged with this account, notwithstanding any limitation on obligations on Federal-aid highways, and to remain available until expended. Federal Railroad Administration rail service assistance (disapproval of deferral) The Congress disapproves deferral D87–42 relating to the Federal Railroad Administration, “Rail Service Assistance”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. northeast corridor improvement program (disapproval of deferral) The Congress disapproves deferral D87–45 relating to the Federal Railroad Administration, “Northeast Corridor Improvement Program”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. railroad rehabilitation and improvement financing funds For payment to the Secretary of the Treasury for debt reduction, $12,500,000, to remain available until expended, together with such sums as may be necessary for the payment of interest due to the Secretary of the Treasury under the terms and conditions of such debt. settlements of railroad litigation For the settlement of promissory notes pursuant to section 210(f) of the Regional Rail Reorganization Act of 1973 (Public Law 93–236), as amended, $56,928,495, to remain available until expended, together with such sums as may be necessary for the payment of interest due to the Secretary of the Treasury under the terms and conditions of such notes. conrail commuter transition assistance (disapproval of deferral) The Congress disapproves deferral D87–46 relating to the Federal Railroad Administration, “Conrail Commuter Transition Assistance”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. Urban Mass Transportation Administration research, training, and human resources (disapproval of deferral) The Congress disapproves $4,336,000 of the proposed deferral D87–47 relating to the Urban Mass Transportation Administration, “Research, Training, and Human Resources”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall be effective upon enactment into law of this Act and the amount of the deferral disapproved herein shall be made available for obligation. interstate transfer grants—transit (disapproval of deferral) The Congress disapproves deferral D87–48 relating to the Urban Mass Transportation Administration, “Interstate Transfer Grants—Transit”, as set forth in the message of January 28, 1987, which was transmitted to the Congress by the President. The disapproval shall be effective upon enactment into law of this Act and the amount of the proposed deferral disapproved herein shall be made available for obligation. Saint Lawrence Seaway Development Corporation operations and maintenance (harbor maintenance trust fund) For necessary expenses for operation and maintenance of those portions of the Saint Lawrence Seaway operated and maintained by the Saint Lawrence Seaway Development Corporation, $4,000,000, or so much thereof as may be available in and derived from the Harbor Maintenance Trust Fund, pursuant to Public Law 99–662. RELATED AGENCIES Department of the Treasury rebate of saint lawrence seaway tolls (harbor maintenance trust fund) For rebate of the United States portion of tolls paid for use of the Saint Lawrence Seaway, pursuant to Public Law 99–662, $6,250,000, or so much thereof as may be available in and derived from the Harbor Maintenance Trust Fund, to remain available until expended, of which not to exceed $250,000 shall be available for expenses of administering the rebates. Panama Canal Commission operating expenses For an additional amount for “Operating Expenses”, $5,013,000, to be derived from the Panama Canal Commission Fund, of which $3,000,000 shall be available to cover the cost of removing a landslide at the Panama Canal, and $2,013,000 shall be available for payment to the Republic of Panama, pursuant to article XIII, paragraph 4(c) of the Panama Canal Treaty of 1977. GENERAL PROVISIONS Amtrak Advisory Commission None of the funds provided for the Department of Transportation in this or any other Act shall be used to implement any charter establishing an advisory commission on the privatization of Amtrak. discretionary bridge program Notwithstanding any other provision of law, the Secretary of Transportation is directed to consider phase 1 and phase 2 of the construction of a bridge across the Mississippi River at Dubuque, Iowa, known as the Dubuque City Island Bridge, as one project, and for the purpose of determining which projects to fund under the discretionary bridge program, assign to phase 2 of such construction the same priority that was given to phase 1 of such construction. pompano beach air park None of the funds appropriated for the Federal Aviation Administration under this or any prior Act shall be used (1) to compel the city of Pompano Beach, Florida, to redesignate any land designated as nonaviation use land at the Pompano Beach Air Park as of November 1, 1966, or (2) to take any action to revert the Pompano Beach Air Park. CHAPTER XII DEPARTMENT OF THE TREASURY Office of the Secretary salaries and expenses For an additional amount for “Salaries and expenses”, $5,000,000, to remain available until expended for repairs and improvements to the Treasury Annex. Federal Law Enforcement Training Center salaries and expenses Of the funds appropriated under this heading by the Treasury, Postal Service, and General Government Appropriations Act, fiscal year 1987, Public Law 99–500 and Public Law 99–591, $2,500,000 shall remain available until September 30, 1988: Provided, That funds made available under this heading by the Treasury, Postal Service, and General Government Appropriations Act, fiscal year 1987, Public Law 99–500 and Public Law 99–591 shall be used in part to raise the base level of employment at the Federal Law Enforcement Training Center to 325 full-time equivalent positions in the fiscal year ending September 30, 1987. Financial Management Service salaries and expenses For an additional amount for “Salaries and expenses”, $1,900,000, which shall remain available through September 30, 1988, for headquarters relocation. Bureau of Alcohol, Tobacco, and Firearms salaries and expenses For an additional amount for “Salaries and expenses”, $5,000,000: Provided, That the additional funds made available by this Act shall be used in part to raise the base level of employment for the Bureau of Alcohol, Tobacco, and Firearms to 3,251 full-time equivalent positions for the fiscal year ending September 30, 1987: Provided further, That funds made available by this Act may be used to purchase two additional special explosives investigative vehicles and associated investigative equipment. United States Customs Service operation and maintenance, air interdiction program Of the funds appropriated under this heading in Public Law 99–500 and Public Law 99–591, $2,500,000 shall remain available until September 30, 1988, for the purpose stated in the conference report to accompany H.J. Res. 738 (House Report 99–1005). (disapproval of delay in availability) The Congress disapproves the proposal to delay availability of obligation of $32,099,000 for Operation and Maintenance, Air Interdiction Program, until after October 1, 1987, contained in House Document 100–31, of February 9, 1987. This disapproval shall be effective upon enactment into law of this Act and the funds shall be made available for obligation. Internal Revenue Service processing tax returns For an additional amount for “Processing tax returns”, $55,200,000. examination and appeals For an additional amount for “Examination and appeals”, $8,110,000. investigation, collection and taxpayer service For an additional amount for “Investigation, collection, and tax-payer service”, $16,690,000. United States Secret Service salaries and expenses For an additional amount for “Salaries and expenses”, $5,722,000: Provided, That of the funds appropriated under this heading in the Treasury, Postal Service, and General Government Appropriations Act, fiscal year 1987, Public Law 99–500 and Public Law 99–591, $6,000,000 appropriated for continued construction at the James J. Rowley Secret Service Training Center shall remain available until expended. INDEPENDENT AGENCIES General Services Administration Federal Buildings Fund limitations on availability of revenue In addition to the aggregate amount heretofore made available for real property management and related activities in fiscal year 1987, $61,900,000 shall be made available for rental of space: Provided, That any revenues, collections and any other sums accruing to this fund during fiscal year 1987 in excess of $2,447,756,000, excluding reimbursements under section 210(f)(6) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490(f)(6)), shall remain in the fund and shall not be available for expenditure except as authorized in appropriations Acts. National Archives and Records Administration operating expenses For an additional amount for “Operating expenses”, $475,000. Customs Forfeiture Fund technical correction to public law 99–570 Section 1152(b) of Public Law 99–570 is repealed, and shall be treated as though it had never been enacted. allowances for certain gsa personnel Notwithstanding sections 5923 and 5924, title 5, United States Code, and any applicable regulations, the General Services Administration shall honor allowances initially authorized, resulting in an aggregate amount of $27,000 payable to twenty-one General Services Administration employees for certain cost of living and related expenses during official foreign duty from November 1984 through September 1985.

3. 1990

   Abandoned Mine Reclamation Act of 1990

   Pub. L. 101–508 § 6012(d)(1) · 104 Stat. 1388

   Substituted · 30 U.S.C. § 1235(a)

   Pub. L. 101–508, § 6012(d)(1), substituted “preparation” for “perparation”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 101–508, § 6012(d)(1), substituted “preparation” for “perparation”.

   Enacted provision · exact public law section
   (1) Section 405(a) is amended by striking out “perparation” and inserting “preparation”.

   Effective date note
   Amendment by Pub. L. 101–508 effective Oct. 1, 1991, see section 6014 of Pub. L. 101–508 set out as a note under section 1231 of this title.

4. 1990

   Abandoned Mine Reclamation Act of 1990

   Pub. L. 101–508 § 6012(d)(2) · 104 Stat. 1388

   Substituted · 30 U.S.C. § 1235(h)

   Pub. L. 101–508, § 6012(d)(2), substituted “Upon approval” for “Upon approved”

   Source evidence

   Code amendment note
   Subsec. (h). Pub. L. 101–508, § 6012(d)(2), substituted “Upon approval” for “Upon approved”.

   Enacted provision · exact public law section
   (2) Section 405(h) is amended by striking out “Upon approved” and inserting “Upon approval”.

   Effective date note
   Amendment by Pub. L. 101–508 effective Oct. 1, 1991, see section 6014 of Pub. L. 101–508 set out as a note under section 1231 of this title.

5. 1990

   Abandoned Mine Reclamation Act of 1990

   Pub. L. 101–508 § 6007 · 104 Stat. 1388

   Added · 30 U.S.C. § 1235(l)

   Pub. L. 101–508, § 6007, added subsec. (l)

   Source evidence

   Code amendment note
   Subsec. (l). Pub. L. 101–508, § 6007, added subsec. (l).

   Enacted provision · exact public law section
   SEC. 6007. STATE RECLAMATION PROGRAMS. Section 405 of the Surface Mining Control and Reclamation Act of 1977 (30 U.S.C. 1235) is amended by adding the following at the end thereof: “(1) No State shall be liable under any provision of Federal law for any costs or damages as a result of action taken or omitted in the course of carrying out a State abandoned mine reclamation plan approved under this section. This subsection shall not preclude liability for cost or damages as a result of gross negligence or intentional misconduct by the State. For purposes of the preceding sentence, reckless, willful, or wanton misconduct shall constitute gross negligence.”.

   Effective date note
   Amendment by Pub. L. 101–508 effective Oct. 1, 1991, see section 6014 of Pub. L. 101–508 set out as a note under section 1231 of this title.

4 of 5 references resolved to an enrolled provision · 1 partial