PUBLIC LAW 109–97—NOV. 10, 2005

AGRICULTURE, RURAL DEVELOPMENT, FOOD

AND DRUG ADMINISTRATION, AND RELATED

AGENCIES APPROPRIATIONS ACT, 2006

119 STAT. 2120 PUBLIC LAW 109–97—NOV. 10, 2005

Public Law 109–97

109th Congress

An Act

Making appropriations for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies for the fiscal year ending September 30, 2006,

and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, That the

following sums are appropriated, out of any money in the Treasury

not otherwise appropriated, for Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies programs

for the fiscal year ending September 30, 2006, and for other purposes, namely:

TITLE I

AGRICULTURAL PROGRAMS

PRODUCTION, PROCESSING AND MARKETING

OFFICE OF THE SECRETARY

For necessary expenses of the Office of the Secretary of Agriculture, $5,127,000: Provided, That not to exceed $11,000 of this

amount shall be available for official reception and representation

expenses, not otherwise provided for, as determined by the Secretary.

EXECUTIVE OPERATIONS

CHIEF ECONOMIST

For necessary expenses of the Chief Economist, including economic analysis, risk assessment, cost-benefit analysis, energy and

new uses, and the functions of the World Agricultural Outlook

Board, as authorized by the Agricultural Marketing Act of 1946

(7 U.S.C. 1622g), $10,539,000.

NATIONAL APPEALS DIVISION

For necessary expenses of the National Appeals Division, $14,524,000.

OFFICE OF BUDGET AND PROGRAM ANALYSIS

For necessary expenses of the Office of Budget and Program

Analysis, $8,298,000.

Agriculture,

Rural

Development,

Food and Drug

Administration,

and Related

Agencies

Appropriations

Act, 2006.

Nov. 10, 2005

[H.R. 2744]

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2121

HOMELAND SECURITY STAFF

For necessary expenses of the Homeland Security Staff,

$934,000.

OFFICE OF THE CHIEF INFORMATION OFFICER

For necessary expenses of the Office of the Chief Information

Officer, $16,462,000.

COMMON COMPUTING ENVIRONMENT

For necessary expenses to acquire a Common Computing

Environment for the Natural Resources Conservation Service, the

Farm and Foreign Agricultural Service, and Rural Development

mission areas for information technology, systems, and services,

$110,072,000, to remain available until expended, for the capital

asset acquisition of shared information technology systems,

including services as authorized by 7 U.S.C. 6915–16 and 40 U.S.C.

1421–28: Provided, That obligation of these funds shall be consistent

with the Department of Agriculture Service Center Modernization

Plan of the county-based agencies, and shall be with the concurrence

of the Department’s Chief Information Officer: Provided further,

That of the funds provided under this section, the Secretary shall

acquire one meter natural color digital ortho-imagery of the entire

state of Utah.

OFFICE OF THE CHIEF FINANCIAL OFFICER

For necessary expenses of the Office of the Chief Financial

Officer, $5,874,000: Provided, That hereafter the Chief Financial

Officer shall actively market and expand cross-servicing activities

of the National Finance Center: Provided further, That no funds

made available by this appropriation may be obligated for FAIR

Act or Circular A–76 activities until the Secretary has submitted

to the Committees on Appropriations of both Houses of Congress

and the Committee on Government Reform of the House of Representatives a report on the Department’s contracting out policies,

including agency budgets for contracting out.

OFFICE OF THE ASSISTANT SECRETARY FOR CIVIL RIGHTS

For necessary salaries and expenses of the Office of the Assistant Secretary for Civil Rights, $821,000.

OFFICE OF CIVIL RIGHTS

For necessary expenses of the Office of Civil Rights,

$20,109,000.

OFFICE OF THE ASSISTANT SECRETARY FOR ADMINISTRATION

For necessary salaries and expenses of the Office of the Assistant Secretary for Administration, $676,000.

7 USC 2279h.

Utah.

119 STAT. 2122 PUBLIC LAW 109–97—NOV. 10, 2005

AGRICULTURE BUILDINGS AND FACILITIES AND RENTAL PAYMENTS

(INCLUDING TRANSFERS OF FUNDS)

For payment of space rental and related costs pursuant to

Public Law 92–313, including authorities pursuant to the 1984

delegation of authority from the Administrator of General Services

to the Department of Agriculture under 40 U.S.C. 486, for programs

and activities of the Department which are included in this Act,

and for alterations and other actions needed for the Department

and its agencies to consolidate unneeded space into configurations

suitable for release to the Administrator of General Services, and

for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $187,734,000,

to remain available until expended, as follows: for payments to

the General Services Administration and the Department of Homeland Security for building security, $147,734,000, and for buildings

operations and maintenance, $40,000,000: Provided, That amounts

which are made available for space rental and related costs for

the Department of Agriculture in this Act may be transferred

between such appropriations to cover the costs of additional, new,

or replacement space 15 days after notice thereof is transmitted

to the Appropriations Committees of both Houses of Congress.

HAZARDOUS MATERIALS MANAGEMENT

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Department of Agriculture, to

comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the

Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.),

$12,000,000, to remain available until expended: Provided, That

appropriations and funds available herein to the Department for

Hazardous Materials Management may be transferred to any

agency of the Department for its use in meeting all requirements

pursuant to the above Acts on Federal and non-Federal lands.

DEPARTMENTAL ADMINISTRATION

(INCLUDING TRANSFERS OF FUNDS)

For Departmental Administration, $23,103,000, to provide for

necessary expenses for management support services to offices of

the Department and for general administration, security, repairs

and alterations, and other miscellaneous supplies and expenses

not otherwise provided for and necessary for the practical and

efficient work of the Department: Provided, That this appropriation

shall be reimbursed from applicable appropriations in this Act

for travel expenses incident to the holding of hearings as required

by 5 U.S.C. 551–558.

OFFICE OF THE ASSISTANT SECRETARY FOR CONGRESSIONAL

RELATIONS

(INCLUDING TRANSFERS OF FUNDS)

For necessary salaries and expenses of the Office of the Assistant Secretary for Congressional Relations to carry out the programs

Notification.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2123

funded by this Act, including programs involving intergovernmental

affairs and liaison within the executive branch, $3,821,000: Provided, That these funds may be transferred to agencies of the

Department of Agriculture funded by this Act to maintain personnel

at the agency level: Provided further, That no funds made available

by this appropriation may be obligated after 30 days from the

date of enactment of this Act, unless the Secretary has notified

the Committees on Appropriations of both Houses of Congress on

the allocation of these funds by USDA agency: Provided further,

That no other funds appropriated to the Department by this Act

shall be available to the Department for support of activities of

congressional relations.

OFFICE OF COMMUNICATIONS

For necessary expenses to carry out services relating to the

coordination of programs involving public affairs, for the dissemination of agricultural information, and the coordination of information,

work, and programs authorized by Congress in the Department,

$9,509,000: Provided, That not to exceed $2,000,000 may be used

for farmers’ bulletins.

OFFICE OF THE INSPECTOR GENERAL

For necessary expenses of the Office of the Inspector General,

including employment pursuant to the Inspector General Act of

1978, $80,336,000, including such sums as may be necessary for

contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General

Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants,

to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–

98.

OFFICE OF THE GENERAL COUNSEL

For necessary expenses of the Office of the General Counsel,

$39,351,000.

OFFICE OF THE UNDER SECRETARY FOR RESEARCH, EDUCATION AND

ECONOMICS

For necessary salaries and expenses of the Office of the Under

Secretary for Research, Education and Economics to administer

the laws enacted by the Congress for the Economic Research

Service, the National Agricultural Statistics Service, the Agricultural Research Service, and the Cooperative State Research, Education, and Extension Service, $598,000.

ECONOMIC RESEARCH SERVICE

For necessary expenses of the Economic Research Service in

conducting economic research and analysis, $75,931,000: Provided,

That none of the funds made available by this Act or any other

Act may be used by the Department of Agriculture to publish,

disseminate, or distribute, internally or externally, Agriculture

Information Bulletin Number 787: Provided further, That of the Contracts.

Reports.

Notification.

Deadline.

119 STAT. 2124 PUBLIC LAW 109–97—NOV. 10, 2005

funds provided to the Economic Research Service, the Secretary

of Agriculture shall use $350,000 to enter into an agreement for

a comprehensive report on the economic development and current

status of the sheep industry in the United States to be prepared

by the National Academy of Sciences.

NATIONAL AGRICULTURAL STATISTICS SERVICE

For necessary expenses of the National Agricultural Statistics

Service in conducting statistical reporting and service work,

$140,700,000, of which up to $29,115,000 shall be available until

expended for the Census of Agriculture.

AGRICULTURAL RESEARCH SERVICE

SALARIES AND EXPENSES

For necessary expenses to enable the Agricultural Research

Service to perform agricultural research and demonstration relating

to production, utilization, marketing, and distribution (not otherwise

provided for); home economics or nutrition and consumer use

including the acquisition, preservation, and dissemination of agricultural information; and for acquisition of lands by donation,

exchange, or purchase at a nominal cost not to exceed $100, and

for land exchanges where the lands exchanged shall be of equal

value or shall be equalized by a payment of money to the grantor

which shall not exceed 25 percent of the total value of the land

or interests transferred out of Federal ownership, $1,135,004,000:

Provided, That appropriations hereunder shall be available for the

operation and maintenance of aircraft and the purchase of not

to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250

for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any

one building shall not exceed $375,000, except for headhouses or

greenhouses which shall each be limited to $1,200,000, and except

for 10 buildings to be constructed or improved at a cost not to

exceed $750,000 each, and the cost of altering any one building

during the fiscal year shall not exceed 10 percent of the current

replacement value of the building or $375,000, whichever is greater:

Provided further, That the limitations on alterations contained in

this Act shall not apply to modernization or replacement of existing

facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the

Beltsville Agricultural Research Center: Provided further, That the

foregoing limitations shall not apply to replacement of buildings

needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a):

Provided further, That the foregoing limitations shall not apply

to the purchase of land at Florence, South Carolina: Provided further, That funds may be received from any State, other political

subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of

the Agricultural Research Service, as authorized by law: Provided

further, That the Secretary, through the Agricultural Research

Service, or successor, is authorized to lease approximately 40 acres

of land at the Central Plains Experiment Station, Nunn, Colorado,

to the Board of Governors of the Colorado State University System,

for its Shortgrass Steppe Biological Field Station, on such terms

Colorado.

Contracts.

Maryland.

7 USC 2254.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2125

and conditions as the Secretary deems in the public interest: Provided further, That the Secretary understands that it is the intent

of the University to construct research and educational buildings

on the subject acreage and to conduct agricultural research and

educational activities in these buildings: Provided further, That

as consideration for a lease, the Secretary may accept the benefits

of mutual cooperative research to be conducted by the Colorado

State University and the Government at the Shortgrass Steppe

Biological Field Station: Provided further, That the term of any

lease shall be for no more than 20 years, but a lease may be

renewed at the option of the Secretary on such terms and conditions

as the Secretary deems in the public interest: Provided further,

That the Agricultural Research Service may convey all rights and

title of the United States, to a parcel of land comprising 19 acres,

more or less, located in Section 2, Township 18 North, Range

14 East in Oktibbeha County, Mississippi, originally conveyed by

the Board of Trustees of the Institution of Higher Learning of

the State of Mississippi, and described in instruments recorded

in Deed Book 306 at pages 553–554, Deed Book 319 at page 219,

and Deed Book 33 at page 115, of the public land records of

Oktibbeha County, Mississippi, including facilities, and fixed equipment, to the Mississippi State University, Starkville, Mississippi,

in their ‘‘as is’’ condition, when vacated by the Agricultural Research

Service: Provided further, That none of the funds appropriated

under this heading shall be available to carry out research related

to the production, processing, or marketing of tobacco or tobacco

products.

BUILDINGS AND FACILITIES

For acquisition of land, construction, repair, improvement,

extension, alteration, and purchase of fixed equipment or facilities

as necessary to carry out the agricultural research programs of

the Department of Agriculture, where not otherwise provided,

$131,195,000, to remain available until expended.

COOPERATIVE STATE RESEARCH, EDUCATION, AND EXTENSION

SERVICE

RESEARCH AND EDUCATION ACTIVITIES

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other

expenses, $676,849,000, as follows: to carry out the provisions of

the Hatch Act of 1887 (7 U.S.C. 361a–i), $178,757,000; for grants

for cooperative forestry research (16 U.S.C. 582a through a–7),

$22,230,000; for payments to the 1890 land-grant colleges, including

Tuskegee University and West Virginia State University (7 U.S.C.

3222), $37,591,000, of which $1,507,496 shall be made available

only for the purpose of ensuring that each institution shall receive

no less than $1,000,000; for special grants for agricultural research

(7 U.S.C. 450i(c)), $128,223,000; for special grants for agricultural

research on improved pest control (7 U.S.C. 450i(c)), $14,798,000;

for competitive research grants (7 U.S.C. 450i(b)), $183,000,000;

for the support of animal health and disease programs (7 U.S.C.

3195), $5,057,000; for supplemental and alternative crops and products (7 U.S.C. 3319d), $1,187,000; for grants for research pursuant

to the Critical Agricultural Materials Act (7 U.S.C. 178 et seq.),

Tobacco and

tobacco products.

119 STAT. 2126 PUBLIC LAW 109–97—NOV. 10, 2005

$1,102,000, to remain available until expended; for the 1994

research grants program for 1994 institutions pursuant to section

536 of Public Law 103–382 (7 U.S.C. 301 note), $1,039,000, to

remain available until expended; for rangeland research grants

(7 U.S.C. 3333), $1,000,000; for higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)), $3,738,000, to remain available

until expended (7 U.S.C. 2209b); for a veterinary medicine loan

repayment program pursuant to section 1415A of the National

Agricultural Research, Extension, and Teaching Policy Act of 1977

(7 U.S.C. 3101 et seq.), $500,000; for higher education challenge

grants (7 U.S.C. 3152(b)(1)), $5,478,000; for a higher education

multicultural scholars program (7 U.S.C. 3152(b)(5)), $998,000, to

remain available until expended (7 U.S.C. 2209b); for an education

grants program for Hispanic-serving Institutions (7 U.S.C. 3241),

$6,000,000; for noncompetitive grants for the purpose of carrying

out all provisions of 7 U.S.C. 3242 (section 759 of Public Law

106–78) to individual eligible institutions or consortia of eligible

institutions in Alaska and in Hawaii, with funds awarded equally

to each of the States of Alaska and Hawaii, $3,250,000; for a

secondary agriculture education program and 2-year post-secondary

education (7 U.S.C. 3152(j)), $1,000,000; for aquaculture grants

(7 U.S.C. 3322), $3,968,000; for sustainable agriculture research

and education (7 U.S.C. 5811), $12,400,000; for a program of

capacity building grants (7 U.S.C. 3152(b)(4)) to colleges eligible

to receive funds under the Act of August 30, 1890 (7 U.S.C. 321–

326 and 328), including Tuskegee University and West Virginia

State University, $12,312,000, to remain available until expended

(7 U.S.C. 2209b); for payments to the 1994 Institutions pursuant

to section 534(a)(1) of Public Law 103–382, $2,250,000; for resident

instruction grants for insular areas under section 1491 of the

National Agricultural Research, Extension, and Teaching Policy

Act of 1977 (7 U.S.C. 3363), $500,000; and for necessary expenses

of Research and Education Activities, $50,471,000, of which

$2,587,000 for the Research, Education, and Economics Information

System and $2,051,000 for the Electronic Grants Information

System, are to remain available until expended: Provided, That

none of the funds appropriated under this heading shall be available

to carry out research related to the production, processing, or marketing of tobacco or tobacco products: Provided further, That this

paragraph shall not apply to research on the medical, biotechnological, food, and industrial uses of tobacco.

NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $12,000,000, to

remain available until expended.

EXTENSION ACTIVITIES

For payments to States, the District of Columbia, Puerto Rico,

Guam, the Virgin Islands, Micronesia, Northern Marianas, and

American Samoa, $455,955,000, as follows: payments for cooperative

extension work under the Smith-Lever Act, to be distributed under

sections 3(b) and 3(c) of said Act, and under section 208(c) of

Public Law 93–471, for retirement and employees’ compensation

costs for extension agents, $275,730,000; payments for extension

work at the 1994 Institutions under the Smith-Lever Act (7 U.S.C.

Tobacco and

tobacco products.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2127

343(b)(3)), $3,273,000; payments for the nutrition and family education program for low-income areas under section 3(d) of the Act,

$62,634,000; payments for the pest management program under

section 3(d) of the Act, $9,960,000; payments for the farm safety

program under section 3(d) of the Act, $4,563,000; payments for

New Technologies for Ag Extension under Section 3(d) of the Act,

$1,500,000; payments to upgrade research, extension, and teaching

facilities at the 1890 land-grant colleges, including Tuskegee

University and West Virginia State University, as authorized by

section 1447 of Public Law 95–113 (7 U.S.C. 3222b), $16,777,000,

to remain available until expended; payments for youth-at-risk programs under section 3(d) of the Smith-Lever Act, $7,728,000; for

youth farm safety education and certification extension grants, to

be awarded competitively under section 3(d) of the Act, $444,000;

payments for carrying out the provisions of the Renewable

Resources Extension Act of 1978 (16 U.S.C. 1671 et seq.),

$4,060,000; payments for Indian reservation agents under section

3(d) of the Smith-Lever Act, $1,996,000; payments for sustainable

agriculture programs under section 3(d) of the Act, $4,067,000;

payments for rural health and safety education as authorized by

section 502(i) of Public Law 92–419 (7 U.S.C. 2662(i)), $1,965,000;

payments for cooperative extension work by the colleges receiving

the benefits of the second Morrill Act (7 U.S.C. 321–326 and 328)

and Tuskegee University and West Virginia State University,

$33,868,000, of which $1,724,884 shall be made available only for

the purpose of ensuring that each institution shall receive no less

than $1,000,000; for grants to youth organizations pursuant to

section 7630 of title 7, United States Code, $2,000,000; and for

necessary expenses of Extension Activities, $25,390,000.

INTEGRATED ACTIVITIES

For the integrated research, education, and extension grants

programs, including necessary administrative expenses,

$55,792,000, as follows: for competitive grants programs authorized

under section 406 of the Agricultural Research, Extension, and

Education Reform Act of 1998 (7 U.S.C. 7626), $45,792,000,

including $12,867,000 for the water quality program, $14,847,000

for the food safety program, $4,167,000 for the regional pest

management centers program, $4,464,000 for the Food Quality

Protection Act risk mitigation program for major food crop systems,

$1,389,000 for the crops affected by Food Quality Protection Act

implementation, $3,106,000 for the methyl bromide transition program, and $1,874,000 for the organic transition program; for a

competitive international science and education grants program

authorized under section 1459A of the National Agricultural

Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C.

3292b), to remain available until expended, $1,000,000; for grants

programs authorized under section 2(c)(1)(B) of Public Law 89–

106, as amended, $744,000, to remain available until September

30, 2007 for the critical issues program, and $1,334,000 for the

regional rural development centers program; and $10,000,000 for

the Food and Agriculture Defense Initiative authorized under section 1484 of the National Agricultural Research, Extension, and

Teaching Act of 1977, to remain available until September 30,

2007.

119 STAT. 2128 PUBLIC LAW 109–97—NOV. 10, 2005

OUTREACH FOR SOCIALLY DISADVANTAGED FARMERS

For grants and contracts pursuant to section 2501 of the Food,

Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),

$6,000,000, to remain available until expended.

OFFICE OF THE UNDER SECRETARY FOR MARKETING AND

REGULATORY PROGRAMS

For necessary salaries and expenses of the Office of the Under

Secretary for Marketing and Regulatory Programs to administer

programs under the laws enacted by the Congress for the Animal

and Plant Health Inspection Service; the Agricultural Marketing

Service; and the Grain Inspection, Packers and Stockyards Administration; $724,000.

ANIMAL AND PLANT HEALTH INSPECTION SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For expenses, not otherwise provided for, necessary to prevent,

control, and eradicate pests and plant and animal diseases; to

carry out inspection, quarantine, and regulatory activities; and to

protect the environment, as authorized by law, $815,461,000, of

which $4,140,000 shall be available for the control of outbreaks

of insects, plant diseases, animal diseases and for control of pest

animals and birds to the extent necessary to meet emergency conditions; of which $39,000,000 shall be used for the boll weevil eradication program for cost share purposes or for debt retirement for

active eradication zones; of which $33,340,000 shall be available

for a National Animal Identification program: Provided, That no

funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require

minimum matching by the States of at least 40 percent: Provided

further, That this appropriation shall be available for the operation

and maintenance of aircraft and the purchase of not to exceed

four, of which two shall be for replacement only: Provided further,

That, in addition, in emergencies which threaten any segment of

the agricultural production industry of this country, the Secretary

may transfer from other appropriations or funds available to the

agencies or corporations of the Department such sums as may

be deemed necessary, to be available only in such emergencies

for the arrest and eradication of contagious or infectious disease

or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection

Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the

Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended

balances of funds transferred for such emergency purposes in the

preceding fiscal year shall be merged with such transferred

amounts: Provided further, That appropriations hereunder shall

be available pursuant to law (7 U.S.C. 2250) for the repair and

alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the

fiscal year shall not exceed 10 percent of the current replacement

value of the building.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2129

In fiscal year 2006, the agency is authorized to collect fees

to cover the total costs of providing technical assistance, goods,

or services requested by States, other political subdivisions,

domestic and international organizations, foreign governments, or

individuals, provided that such fees are structured such that any

entity’s liability for such fees is reasonably based on the technical

assistance, goods, or services provided to the entity by the agency,

and such fees shall be credited to this account, to remain available

until expended, without further appropriation, for providing such

assistance, goods, or services.

BUILDINGS AND FACILITIES

For plans, construction, repair, preventive maintenance,

environmental support, improvement, extension, alteration, and

purchase of fixed equipment or facilities, as authorized by 7 U.S.C.

2250, and acquisition of land as authorized by 7 U.S.C. 428a,

$4,996,000, to remain available until expended.

AGRICULTURAL MARKETING SERVICE

MARKETING SERVICES

For necessary expenses to carry out services related to consumer protection, agricultural marketing and distribution, transportation, and regulatory programs, as authorized by law, and for

administration and coordination of payments to States, $75,376,000,

including funds for the wholesale market development program

for the design and development of wholesale and farmer market

facilities for the major metropolitan areas of the country: Provided,

That this appropriation shall be available pursuant to law (7 U.S.C.

2250) for the alteration and repair of buildings and improvements,

but the cost of altering any one building during the fiscal year

shall not exceed 10 percent of the current replacement value of

the building.

Fees may be collected for the cost of standardization activities,

as established by regulation pursuant to law (31 U.S.C. 9701).

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $65,667,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:

Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up

to 10 percent with notification to the Committees on Appropriations

of both Houses of Congress.

FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY

(SECTION 32)

(INCLUDING TRANSFERS OF FUNDS)

Funds available under section 32 of the Act of August 24,

1935 (7 U.S.C. 612c), shall be used only for commodity program

expenses as authorized therein, and other related operating

expenses, including not less than $20,000,000 for replacement of

a system to support commodity purchases, except for: (1) transfers

to the Department of Commerce as authorized by the Fish and

Wildlife Act of August 8, 1956; (2) transfers otherwise provided

Notification.

119 STAT. 2130 PUBLIC LAW 109–97—NOV. 10, 2005

in this Act; and (3) not more than $16,055,000 for formulation

and administration of marketing agreements and orders pursuant

to the Agricultural Marketing Agreement Act of 1937 and the

Agricultural Act of 1961.

PAYMENTS TO STATES AND POSSESSIONS

For payments to departments of agriculture, bureaus and

departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946

(7 U.S.C. 1623(b)), $3,847,000, of which not less than $2,500,000

shall be used to make a grant under this heading.

GRAIN INSPECTION, PACKERS AND STOCKYARDS ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses to carry out the provisions of the United

States Grain Standards Act, for the administration of the Packers

and Stockyards Act, for certifying procedures used to protect purchasers of farm products, and the standardization activities related

to grain under the Agricultural Marketing Act of 1946, $38,443,000:

Provided, That this appropriation shall be available pursuant to

law (7 U.S.C. 2250) for the alteration and repair of buildings and

improvements, but the cost of altering any one building during

the fiscal year shall not exceed 10 percent of the current replacement value of the building.

LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES

Not to exceed $42,463,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing

services: Provided, That if grain export activities require additional

supervision and oversight, or other uncontrollable factors occur,

this limitation may be exceeded by up to 10 percent with notification

to the Committees on Appropriations of both Houses of Congress.

OFFICE OF THE UNDER SECRETARY FOR FOOD SAFETY

For necessary salaries and expenses of the Office of the Under

Secretary for Food Safety to administer the laws enacted by the

Congress for the Food Safety and Inspection Service, $602,000.

FOOD SAFETY AND INSPECTION SERVICE

For necessary expenses to carry out services authorized by

the Federal Meat Inspection Act, the Poultry Products Inspection

Act, and the Egg Products Inspection Act, including not to exceed

$50,000 for representation allowances and for expenses pursuant

to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),

$837,756,000, of which no less than $753,252,000 shall be available

for Federal food safety inspection; and in addition, $1,000,000 may

be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 63 full time equivalent positions above

the fiscal year 2002 level shall be employed during fiscal year

2006 for purposes dedicated solely to inspections and enforcement

Notification. related to the Humane Methods of Slaughter Act: Provided further,

Notification.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2131

That of the amount available under this heading, notwithstanding

section 704 of this Act $4,000,000, available until September 30,

2007, shall be obligated to include the Humane Animal Tracking

System as part of the Field Automation and Information Management System following notification to the Committees on Appropriations, which shall include a detailed explanation of the components

of such system: Provided further, That of the total amount made

available under this heading, no less than $20,653,000 shall be

obligated for regulatory and scientific training: Provided further,

That this appropriation shall be available pursuant to law (7 U.S.C.

2250) for the alteration and repair of buildings and improvements,

but the cost of altering any one building during the fiscal year

shall not exceed 10 percent of the current replacement value of

the building.

OFFICE OF THE UNDER SECRETARY FOR FARM AND FOREIGN

AGRICULTURAL SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Farm and Foreign Agricultural Services to administer

the laws enacted by Congress for the Farm Service Agency, the

Foreign Agricultural Service, the Risk Management Agency, and

the Commodity Credit Corporation, $635,000.

FARM SERVICE AGENCY

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration

and implementation of programs administered by the Farm Service

Agency, $1,030,000,000: Provided, That the Secretary is authorized

to use the services, facilities, and authorities (but not the funds)

of the Commodity Credit Corporation to make program payments

for all programs administered by the Agency: Provided further,

That other funds made available to the Agency for authorized

activities may be advanced to and merged with this account: Provided further, That none of the funds made available by this Act

may be used to pay the salaries or expenses of any officer or

employee of the Department of Agriculture to close any local or

county office of the Farm Service Agency unless the Secretary

of Agriculture, not later than 30 days after the date on which

the Secretary proposed the closure, holds a public meeting about

the proposed closure in the county in which the local or county

office is located, and, after the public meeting but not later than

120 days before the date on which the Secretary approves the

closure, notifies the Committee on Agriculture and the Committee

on Appropriations of the House of Representatives and the Committee on Agriculture, Nutrition, and Forestry and the Committee

on Appropriations of the Senate, and the members of Congress

from the State in which the local or county office is located of

the proposed closure.

STATE MEDIATION GRANTS

For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), $4,250,000.

Deadlines.

Public

information.

Notification.

119 STAT. 2132 PUBLIC LAW 109–97—NOV. 10, 2005

GRASSROOTS SOURCE WATER PROTECTION PROGRAM

For necessary expenses to carry out wellhead or groundwater

protection activities under section 1240O of the Food Security Act

of 1985 (16 U.S.C. 3839bb–2), $3,750,000, to remain available until

expended.

DAIRY INDEMNITY PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For necessary expenses involved in making indemnity payments

to dairy farmers and manufacturers of dairy products under a

dairy indemnity program, $100,000, to remain available until

expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program

described in the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 2001

(Public Law 106–387, 114 Stat. 1549A–12).

AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and

guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating

(7 U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans

(25 U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available

from funds in the Agricultural Credit Insurance Fund, as follows:

farm ownership loans, $1,608,000,000, of which $1,400,000,000 shall

be for guaranteed loans and $208,000,000 shall be for direct loans;

operating loans, $2,074,632,000, of which $1,150,000,000 shall be

for unsubsidized guaranteed loans, $274,632,000 shall be for subsidized guaranteed loans and $650,000,000 shall be for direct loans;

Indian tribe land acquisition loans, $2,020,000; and for boll weevil

eradication program loans, $100,000,000: Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the

purpose of boll weevil eradication program loans.

For the cost of direct and guaranteed loans, including the

cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm ownership loans,

$17,370,000, of which $6,720,000 shall be for guaranteed loans,

and $10,650,000 shall be for direct loans; operating loans,

$133,849,000, of which $34,845,000 shall be for unsubsidized

guaranteed loans, $34,329,000 shall be for subsidized guaranteed

loans, and $64,675,000 shall be for direct loans; and Indian tribe

land acquisition loans, $81,000.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $312,591,000, of

which $304,591,000 shall be transferred to and merged with the

appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership and operating direct

loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both

Houses of Congress are notified at least 15 days in advance of

any transfer.

Notification.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2133

RISK MANAGEMENT AGENCY

For administrative and operating expenses, as authorized by

section 226A of the Department of Agriculture Reorganization Act

of 1994 (7 U.S.C. 6933), $77,048,000: Provided, That not to exceed

$1,000 shall be available for official reception and representation

expenses, as authorized by 7 U.S.C. 1506(i).

CORPORATIONS

The following corporations and agencies are hereby authorized

to make expenditures, within the limits of funds and borrowing

authority available to each such corporation or agency and in accord

with law, and to make contracts and commitments without regard

to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying

out the programs set forth in the budget for the current fiscal

year for such corporation or agency, except as hereinafter provided.

FEDERAL CROP INSURANCE CORPORATION FUND

For payments as authorized by section 516 of the Federal

Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,

to remain available until expended.

COMMODITY CREDIT CORPORATION FUND

REIMBURSEMENT FOR NET REALIZED LOSSES

For the current fiscal year, such sums as may be necessary

to reimburse the Commodity Credit Corporation for net realized

losses sustained, but not previously reimbursed, pursuant to section

2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,

That of the funds available to the Commodity Credit Corporation

under section 11 of the Commodity Credit Corporation Charter

Act (15 U.S.C 714i) for the conduct of its business with the Foreign

Agricultural Service, up to $5,000,000 may be transferred to and

used by the Foreign Agricultural Service for information resource

management activities of the Foreign Agricultural Service that

are not related to Commodity Credit Corporation business.

HAZARDOUS WASTE MANAGEMENT

(LIMITATION ON EXPENSES)

For the current fiscal year, the Commodity Credit Corporation

shall not expend more than $5,000,000 for site investigation and

cleanup expenses, and operations and maintenance expenses to

comply with the requirement of section 107(g) of the Comprehensive

Environmental Response, Compensation, and Liability Act (42

U.S.C. 9607(g)), and section 6001 of the Resource Conservation

and Recovery Act (42 U.S.C. 6961).

119 STAT. 2134 PUBLIC LAW 109–97—NOV. 10, 2005

TITLE II

CONSERVATION PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR NATURAL RESOURCES AND

ENVIRONMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Natural Resources and Environment to administer

the laws enacted by the Congress for the Forest Service and the

Natural Resources Conservation Service, $744,000.

NATURAL RESOURCES CONSERVATION SERVICE

CONSERVATION OPERATIONS

For necessary expenses for carrying out the provisions of the

Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation

of conservation plans and establishment of measures to conserve

soil and water (including farm irrigation and land drainage and

such special measures for soil and water management as may

be necessary to prevent floods and the siltation of reservoirs and

to control agricultural related pollutants); operation of conservation

plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests

therein for use in the plant materials program by donation,

exchange, or purchase at a nominal cost not to exceed $100 pursuant

to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection

or alteration or improvement of permanent and temporary

buildings; and operation and maintenance of aircraft, $839,519,000,

to remain available until May 31, 2007, of which not less than

$10,650,000 is for snow survey and water forecasting, and not

less than $10,547,000 is for operation and establishment of the

plant materials centers, and of which not less than $27,500,000

shall be for the grazing lands conservation initiative: Provided,

That appropriations hereunder shall be available pursuant to 7

U.S.C. 2250 for construction and improvement of buildings and

public improvements at plant materials centers, except that the

cost of alterations and improvements to other buildings and other

public improvements shall not exceed $250,000: Provided further,

That when buildings or other structures are erected on non-Federal

land, that the right to use such land is obtained as provided in

7 U.S.C. 2250a: Provided further, That this appropriation shall

be available for technical assistance and related expenses to carry

out programs authorized by section 202(c) of title II of the Colorado

River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)): Provided further, That qualified local engineers may be temporarily

employed at per diem rates to perform the technical planning

work of the Service.

WATERSHED SURVEYS AND PLANNING

For necessary expenses to conduct research, investigation, and

surveys of watersheds of rivers and other waterways, and for small

watershed investigations and planning, in accordance with the

Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–

1009), $6,083,000.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2135

WATERSHED AND FLOOD PREVENTION OPERATIONS

For necessary expenses to carry out preventive measures,

including but not limited to research, engineering operations,

methods of cultivation, the growing of vegetation, rehabilitation

of existing works and changes in use of land, in accordance with

the Watershed Protection and Flood Prevention Act (16 U.S.C.

1001–1005 and 1007–1009), the provisions of the Act of April 27,

1935 (16 U.S.C. 590a–f), and in accordance with the provisions

of laws relating to the activities of the Department, $75,000,000,

to remain available until expended; of which up to $10,000,000

may be available for the watersheds authorized under the Flood

Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Provided, That

not to exceed $30,000,000 of this appropriation shall be available

for technical assistance: Provided further, That not to exceed

$1,000,000 of this appropriation is available to carry out the purposes of the Endangered Species Act of 1973 (Public Law 93–

205), including cooperative efforts as contemplated by that Act

to relocate endangered or threatened species to other suitable habitats as may be necessary to expedite project construction.

WATERSHED REHABILITATION PROGRAM

For necessary expenses to carry out rehabilitation of structural

measures, in accordance with section 14 of the Watershed Protection

and Flood Prevention Act (16 U.S.C. 1012), and in accordance

with the provisions of laws relating to the activities of the Department, $31,561,000, to remain available until expended.

RESOURCE CONSERVATION AND DEVELOPMENT

For necessary expenses in planning and carrying out projects

for resource conservation and development and for sound land use

pursuant to the provisions of sections 31 and 32 of the BankheadJones Farm Tenant Act (7 U.S.C. 1010–1011; 76 Stat. 607); the

Act of April 27, 1935 (16 U.S.C. 590a–f); and subtitle H of title

XV of the Agriculture and Food Act of 1981 (16 U.S.C. 3451–

3461), $51,300,000, to remain available until expended: Provided,

That the Secretary shall enter into a cooperative or contribution

agreement, within 45 days of enactment of this Act, with a national

association regarding a Resource Conservation and Development

program and such agreement shall contain the same matching,

contribution requirements, and funding level, set forth in a similar

cooperative or contribution agreement with a national association

in fiscal year 2002: Provided further, That not to exceed $3,411,000

shall be available for national headquarters activities.

TITLE III

RURAL DEVELOPMENT PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR RURAL DEVELOPMENT

For necessary salaries and expenses of the Office of the Under

Secretary for Rural Development to administer programs under

the laws enacted by the Congress for the Rural Housing Service,

the Rural Business-Cooperative Service, and the Rural Utilities

Service, $635,000.

Contracts.

Deadline.

119 STAT. 2136 PUBLIC LAW 109–97—NOV. 10, 2005

RURAL COMMUNITY ADVANCEMENT PROGRAM

(INCLUDING TRANSFERS OF FUNDS)

For the cost of direct loans, loan guarantees, and grants, as

authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except

for sections 381E–H and 381N of the Consolidated Farm and Rural

Development Act, $701,941,000, to remain available until expended,

of which $82,620,000 shall be for rural community programs

described in section 381E(d)(1) of such Act; of which $530,100,000

shall be for the rural utilities programs described in sections

381E(d)(2), 306C(a)(2), and 306D of such Act, of which not to exceed

$500,000 shall be available for the rural utilities program described

in section 306(a)(2)(B) of such Act, and of which not to exceed

$1,000,000 shall be available for the rural utilities program

described in section 306E of such Act; and of which $89,221,000

shall be for the rural business and cooperative development programs described in sections 381E(d)(3) and 310B(f) of such Act:

Provided, That of the total amount appropriated in this account, $25,000,000 shall be for loans and grants to benefit Federally Recognized Native American Tribes, including grants for drinking water

and waste disposal systems pursuant to section 306C of such Act,

of which $4,464,000 shall be available for community facilities

grants to tribal colleges, as authorized by section 306(a)(19) of

the Consolidated Farm and Rural Development Act, and of which

$250,000 shall be available for a grant to a qualified national

organization to provide technical assistance for rural transportation

in order to promote economic development: Provided further, That

of the amount appropriated for rural community programs,

$6,350,000 shall be available for a Rural Community Development

Initiative: Provided further, That such funds shall be used solely

to develop the capacity and ability of private, nonprofit communitybased housing and community development organizations, lowincome rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community

facilities, community and economic development projects in rural

areas: Provided further, That such funds shall be made available

to qualified private, nonprofit and public intermediary organizations

proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall

provide matching funds from other sources, including Federal funds

for related activities, in an amount not less than funds provided:

Provided further, That of the amount appropriated for the rural

business and cooperative development programs, not to exceed

$500,000 shall be made available for a grant to a qualified national

organization to provide technical assistance for rural transportation

in order to promote economic development; $2,000,000 shall be

for grants to the Delta Regional Authority (7 U.S.C. 1921 et seq.)

for any purpose under this heading: Provided further, That of the

amount appropriated for rural utilities programs, not to exceed

$25,000,000 shall be for water and waste disposal systems to benefit

the Colonias along the United States/Mexico border, including

grants pursuant to section 306C of such Act; $25,000,000 shall

be for water and waste disposal systems for rural and native villages

in Alaska pursuant to section 306D of such Act, with up to 2

percent available to administer the program and/or improve interagency coordination may be transferred to and merged with the

appropriation for ‘‘Rural Development, Salaries and Expenses’’, of

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2137

which $100,000 shall be provided to develop a regional system

for centralized billing, operation, and management of rural water

and sewer utilities through regional cooperatives, of which 25 percent shall be provided for water and sewer projects in regional

hubs, and the State of Alaska shall provide a 25 percent cost

share, and grantees may use up to 5 percent of grant funds, not

to exceed $35,000 per community, for the completion of comprehensive community safe water plans; not to exceed $18,250,000 shall

be for technical assistance grants for rural water and waste systems

pursuant to section 306(a)(14) of such Act, unless the Secretary

makes a determination of extreme need, of which $5,600,000 shall

be for Rural Community Assistance Programs and not less than

$850,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for

tribal communities; and not to exceed $13,750,000 shall be for

contracting with qualified national organizations for a circuit rider

program to provide technical assistance for rural water systems:

Provided further, That of the total amount appropriated, not to exceed $21,367,000 shall be available through June 30, 2006, for

authorized empowerment zones and enterprise communities and

communities designated by the Secretary of Agriculture as Rural

Economic Area Partnership Zones; of which $1,067,000 shall be

for the rural community programs described in section 381E(d)(1)

of such Act, of which $12,000,000 shall be for the rural utilities

programs described in section 381E(d)(2) of such Act, and of which

$8,300,000 shall be for the rural business and cooperative development programs described in section 381E(d)(3) of such Act: Provided

further, That of the amount appropriated for rural community pro- grams, $18,000,000 shall be to provide grants for facilities in rural

communities with extreme unemployment and severe economic

depression (Public Law 106–387), with 5 percent for administration

and capacity building in the State rural development offices: Provided further, That of the amount appropriated, $26,000,000 shall

be transferred to and merged with the ‘‘Rural Utilities Service,

High Energy Cost Grants Account’’ to provide grants authorized

under section 19 of the Rural Electrification Act of 1936 (7 U.S.C.

918a): Provided further, That any prior year balances for high

cost energy grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be transferred to and

merged with the ‘‘Rural Utilities Service, High Energy Costs Grants

Account’’.

RURAL DEVELOPMENT SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses for carrying out the administration

and implementation of programs in the Rural Development mission

area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative

agreements; $164,625,000: Provided, That of the funds appropriated

under this title for salaries and expenses, $11,147,000, to remain

available until September 30, 2007, shall be used to complete the

consolidation of Rural Development activities in St. Louis, Missouri:

Provided further, That notwithstanding any other provision of law,

funds appropriated under this section may be used for advertising

and promotional activities that support the Rural Development

mission area: Provided further, That not more than $10,000 may

119 STAT. 2138 PUBLIC LAW 109–97—NOV. 10, 2005

be expended to provide modest nonmonetary awards to non-USDA

employees: Provided further, That any balances available from prior

years for the Rural Utilities Service, Rural Housing Service, and

the Rural Business-Cooperative Service salaries and expenses

accounts shall be transferred to and merged with this appropriation.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For gross obligations for the principal amount of direct and

guaranteed loans as authorized by title V of the Housing Act of

1949, to be available from funds in the rural housing insurance

fund, as follows: $4,821,832,000 for loans to section 502 borrowers,

as determined by the Secretary, of which $1,140,799,000 shall be

for direct loans, and of which $3,681,033,000 shall be for unsubsidized guaranteed loans; $35,000,000 for section 504 housing repair

loans; $100,000,000 for section 515 rental housing; $100,000,000

for section 538 guaranteed multi-family housing loans; $5,000,000

for section 524 site loans; $11,500,000 for credit sales of acquired

property, of which up to $1,500,000 may be for multi-family credit

sales; and $5,048,000 for section 523 self-help housing land development loans.

For the cost of direct and guaranteed loans, including the

cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans,

$170,837,000, of which $129,937,000 shall be for direct loans, and

of which $40,900,000, to remain available until expended, shall

be for unsubsidized guaranteed loans; section 504 housing repair

loans, $10,238,000; repair, rehabilitation, and new construction of

section 515 rental housing, $45,880,000; section 538 multi-family

housing guaranteed loans, $5,420,000; multi-family credit sales of

acquired property, $681,000; and section 523 self-help housing and

development loans, $52,000: Provided, That of the total amount

appropriated in this paragraph, $2,500,000 shall be available

through June 30, 2006, for authorized empowerment zones and

enterprise communities and communities designated by the Secretary of Agriculture as Rural Economic Area Partnership Zones:

Provided further, That any funds under this paragraph initially

allocated by the Secretary for housing projects in the State of

Alaska that are not obligated by September 30, 2006, shall be

carried over until September 30, 2007, and made available for

such housing projects only in the State of Alaska.

For additional costs to conduct a demonstration program for

the preservation and revitalization of the section 515 multi-family

rental housing properties, $9,000,000: Provided, That funding made

available under this heading shall be used to restructure existing

section 515 loans, as the Secretary deems appropriate, expressly

for the purposes of ensuring the project has sufficient resources

to preserve the project for the purpose of providing safe and affordable housing for low-income residents including reducing or eliminating interest; deferring loan payments, subordinating, reducing

or reamortizing loan debt; and other financial assistance including

advances and incentives required by the Secretary.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $454,809,000, which

Alaska.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2139

shall be transferred to and merged with the appropriation for

‘‘Rural Development, Salaries and Expenses’’, of which not less

than $1,000,000 shall be made available for the Secretary to contract with third parties to acquire the necessary automation and

technical services needed to restructure section 515 mortgages.

RENTAL ASSISTANCE PROGRAM

For rental assistance agreements entered into or renewed

pursuant to the authority under section 521(a)(2) or agreements

entered into in lieu of debt forgiveness or payments for eligible

households as authorized by section 502(c)(5)(D) of the Housing

Act of 1949, $653,102,000; and, in addition, such sums as may

be necessary, as authorized by section 521(c) of the Act, to liquidate

debt incurred prior to fiscal year 1992 to carry out the rental

assistance program under section 521(a)(2) of the Act: Provided,

That of this amount, up to $8,000,000 shall be available for debt

forgiveness or payments for eligible households as authorized by

section 502(c)(5)(D) of the Act, and not to exceed $50,000 per project

for advances to nonprofit organizations or public agencies to cover

direct costs (other than purchase price) incurred in purchasing

projects pursuant to section 502(c)(5)(C) of the Act: Provided further,

That agreements entered into or renewed during the current fiscal

year shall be funded for a four-year period: Provided further, That

any unexpended balances remaining at the end of such four-year

agreements may be transferred and used for the purposes of any

debt reduction; maintenance, repair, or rehabilitation of any existing

projects; preservation; and rental assistance activities authorized

under title V of the Act: Provided further, That rental assistance

that is recovered from projects that are subject to prepayment

shall be deobligated and reallocated for vouchers and debt forgiveness or payments consistent with the requirements of this Act

for purposes authorized under section 542 and section 502(c)(5)(D)

of the Housing Act of 1949, as amended.

RURAL HOUSING VOUCHER PROGRAM

For the rural housing voucher program as authorized under

section 542 of the Housing Act of 1949, (without regard to section

542(b)), $16,000,000, to remain available until expended: Provided,

That such vouchers shall be available to any low-income household

(including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid

after September 30, 2005: Provided further, That the amount of

the voucher shall be the difference between comparable market

rent for the section 515 unit and the tenant paid rent for such

unit: Provided further, That funds made available for such vouchers,

shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent

practicable, administer such vouchers with current regulations and

administrative guidance applicable for section 8 housing vouchers

administered by the Secretary of the Department of Housing and

Urban Development (including the ability to pay administrative

costs related to delivery of the voucher funds).

119 STAT. 2140 PUBLIC LAW 109–97—NOV. 10, 2005

MUTUAL AND SELF-HELP HOUSING GRANTS

For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain

available until expended: Provided, That of the total amount appro- priated, $1,000,000 shall be available through June 30, 2006, for

authorized empowerment zones and enterprise communities and

communities designated by the Secretary of Agriculture as Rural

Economic Area Partnership Zones.

RURAL HOUSING ASSISTANCE GRANTS

For grants and contracts for very low-income housing repair,

supervisory and technical assistance, compensation for construction

defects, and rural housing preservation made by the Rural Housing

Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and

1490m, $43,976,000, to remain available until expended: Provided,

That $2,976,000 shall be made available for loans to private nonprofit organizations, or such non-profit organizations’ affiliate loan

funds and State and local housing finance agencies, to carry out

a housing demonstration program to provide revolving loans for

the preservation of low-income multi-family housing projects: Provided further, That loans under such demonstration program shall

have an interest rate of not more than 1 percent direct loan to

the recipient: Provided further, That the Secretary may defer the

interest and principal payment to the Rural Housing Service for

up to 3 years and the term of such loans shall not exceed 30

years: Provided further, That of the total amount appropriated,

$1,200,000 shall be available through June 30, 2006, for authorized

empowerment zones and enterprise communities and communities

designated by the Secretary of Agriculture as Rural Economic Area

Partnership Zones.

FARM LABOR PROGRAM ACCOUNT

For the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $31,168,000, to remain available

until expended, for direct farm labor housing loans and domestic

farm labor housing grants and contracts.

RURAL BUSINESS—COOPERATIVE SERVICE

RURAL DEVELOPMENT LOAN FUND PROGRAM ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

For the principal amount of direct loans, as authorized by

the Rural Development Loan Fund (42 U.S.C. 9812(a)), $34,212,000.

For the cost of direct loans, $14,718,000, as authorized by

the Rural Development Loan Fund (42 U.S.C. 9812(a)), of which

$1,724,000 shall be available through June 30, 2006, for Federally

Recognized Native American Tribes and of which $3,449,000 shall

be available through June 30, 2006, for Mississippi Delta Region

counties (as determined in accordance with Public Law 100–460):

Provided, That of such amount made available, the Secretary may

provide up to $1,500,000 for the Delta Regional Authority (7 U.S.C.

1921 et seq.): Provided further, That such costs, including the

cost of modifying such loans, shall be as defined in section 502

of the Congressional Budget Act of 1974: Provided further, That

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2141

of the total amount appropriated, $887,000 shall be available

through June 30, 2006, for the cost of direct loans for authorized

empowerment zones and enterprise communities and communities

designated by the Secretary of Agriculture as Rural Economic Area

Partnership Zones.

In addition, for administrative expenses to carry out the direct

loan programs, $4,793,000 shall be transferred to and merged with

the appropriation for ‘‘Rural Development, Salaries and Expenses’’.

RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT

(INCLUDING RESCISSION OF FUNDS)

For the principal amount of direct loans, as authorized under

section 313 of the Rural Electrification Act, for the purpose of

promoting rural economic development and job creation projects,

$25,003,000.

For the cost of direct loans, including the cost of modifying

loans as defined in section 502 of the Congressional Budget Act

of 1974, $4,993,000, to remain available until expended.

Of the funds derived from interest on the cushion of credit

payments, as authorized by section 313 of the Rural Electrification

Act of 1936, $170,000,000 shall not be obligated and $170,000,000

are rescinded.

RURAL COOPERATIVE DEVELOPMENT GRANTS

For rural cooperative development grants authorized under

section 310B(e) of the Consolidated Farm and Rural Development

Act (7 U.S.C. 1932), $29,488,000, of which $500,000 shall be for

a cooperative research agreement with a qualified academic institution to conduct research on the national economic impact of all

types of cooperatives; and of which $2,500,000 shall be for cooperative agreements for the appropriate technology transfer for rural

areas program: Provided, That not to exceed $1,488,000 shall be

for cooperatives or associations of cooperatives whose primary focus

is to provide assistance to small, minority producers and whose

governing board and/or membership is comprised of at least 75

percent minority; and of which $20,500,000, to remain available

until expended, shall be for value-added agricultural product market

development grants, as authorized by section 6401 of the Farm

Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).

RURAL EMPOWERMENT ZONES AND ENTERPRISE COMMUNITIES GRANTS

For grants in connection with second and third rounds of

empowerment zones and enterprise communities, $11,200,000, to

remain available until expended, for designated rural empowerment

zones and rural enterprise communities, as authorized by the Taxpayer Relief Act of 1997 and the Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999 (Public Law 105–

277): Provided, That of the funds appropriated, $1,000,000 shall

be made available to third round empowerment zones, as authorized

by the Community Renewal Tax Relief Act (Public Law 106–554).

RENEWABLE ENERGY PROGRAM

For the cost of a program of direct loans, loan guarantees,

and grants, under the same terms and conditions as authorized

119 STAT. 2142 PUBLIC LAW 109–97—NOV. 10, 2005

by section 9006 of the Farm Security and Rural Investment Act

of 2002 (7 U.S.C. 8106), $23,000,000 for direct and guaranteed

renewable energy loans and grants: Provided, That the cost of

direct loans and loan guarantees, including the cost of modifying

such loans, shall be as defined in section 502 of the Congressional

Budget Act of 1974.

RURAL UTILITIES SERVICE

RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM

ACCOUNT

(INCLUDING TRANSFER OF FUNDS)

Insured loans pursuant to the authority of section 305 of the

Rural Electrification Act of 1936 (7 U.S.C. 935) shall be made

as follows: 5 percent rural electrification loans, $100,000,000; municipal rate rural electric loans, $100,000,000; loans made pursuant

to section 306 of that Act, rural electric, $2,700,000,000; Treasury

rate direct electric loans, $1,000,000,000; guaranteed underwriting

loans pursuant to section 313A, $1,500,000,000; 5 percent rural

telecommunications loans, $145,000,000; cost of money rural telecommunications loans, $424,000,000; and for loans made pursuant

to section 306 of that Act, rural telecommunications loans,

$125,000,000.

For the cost, as defined in section 502 of the Congressional

Budget Act of 1974, including the cost of modifying loans, of direct

and guaranteed loans authorized by sections 305 and 306 of the

Rural Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows:

cost of rural electric loans, $6,160,000, and the cost of telecommunications loans, $212,000: Provided, That notwithstanding section

305(d)(2) of the Rural Electrification Act of 1936, borrower interest

rates may exceed 7 percent per year.

In addition, for administrative expenses necessary to carry

out the direct and guaranteed loan programs, $38,784,000 which

shall be transferred to and merged with the appropriation for

‘‘Rural Development, Salaries and Expenses’’.

RURAL TELEPHONE BANK PROGRAM ACCOUNT

(INCLUDING TRANSFER AND RESCISSION OF FUNDS)

The Rural Telephone Bank is hereby authorized to make such

expenditures, within the limits of funds available to such corporation in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by

section 104 of the Government Corporation Control Act, as may

be necessary in carrying out its authorized programs.

For administrative expenses, including audits, necessary to continue to service existing loans, $2,500,000, which shall be transferred to and merged with the appropriation for ‘‘Rural Development, Salaries and Expenses’’.

Of the unobligated balances from the Rural Telephone Bank

Liquidating Account, $2,500,000 shall not be obligated and

$2,500,000 are rescinded.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2143

DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM

For the principal amount of direct distance learning and tele- medicine loans, $25,000,000; and for the principal amount of

broadband telecommunication loans, $500,000,000.

For the cost of direct loans and grants for telemedicine and

distance learning services in rural areas, as authorized by 7 U.S.C.

950aaa et seq., $30,375,000, to remain available until expended,

of which $375,000 shall be for direct loans: Provided, That the

cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974: Provided further, That $5,000,000 shall

be made available to convert analog to digital operation those

noncommercial educational television broadcast stations that serve

rural areas and are qualified for Community Service Grants by

the Corporation for Public Broadcasting under section 396(k) of

the Communications Act of 1934, including associated translators

and repeaters, regardless of the location of their main transmitter,

studio-to-transmitter links, and equipment to allow local control

over digital content and programming through the use of highdefinition broadcast, multi-casting and datacasting technologies.

For the cost of broadband loans, as authorized by 7 U.S.C. 901 et seq., $10,750,000, to remain available until September 30,

2007: Provided, That the interest rate for such loans shall be

the cost of borrowing to the Department of the Treasury for obligations of comparable maturity: Provided further, That the cost of

direct loans shall be as defined in section 502 of the Congressional

Budget Act of 1974.

In addition, $9,000,000, to remain available until expended,

for a grant program to finance broadband transmission in rural

areas eligible for Distance Learning and Telemedicine Program

benefits authorized by 7 U.S.C. 950aaa.

TITLE IV

DOMESTIC FOOD PROGRAMS

OFFICE OF THE UNDER SECRETARY FOR FOOD, NUTRITION AND

CONSUMER SERVICES

For necessary salaries and expenses of the Office of the Under

Secretary for Food, Nutrition and Consumer Services to administer

the laws enacted by the Congress for the Food and Nutrition

Service, $599,000.

FOOD AND NUTRITION SERVICE

CHILD NUTRITION PROGRAMS

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses to carry out the National School Lunch

Act (42 U.S.C. 1751 et seq.), except section 21, and the Child

Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections

17 and 21; $12,660,829,000, to remain available through September

30, 2007, of which $7,473,208,000 is hereby appropriated and

$5,187,621,000 shall be derived by transfer from funds available

under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c):

Provided, That none of the funds made available under this heading

119 STAT. 2144 PUBLIC LAW 109–97—NOV. 10, 2005

shall be used for studies and evaluations: Provided further, That

up to $5,235,000 shall be available for independent verification

of school food service claims.

SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC)

For necessary expenses to carry out the special supplemental

nutrition program as authorized by section 17 of the Child Nutrition

Act of 1966 (42 U.S.C. 1786), $5,257,000,000, to remain available

through September 30, 2007, of which such sums as are necessary

to restore the contingency reserve to $125,000,000 shall be placed

in reserve, to remain available until expended, to be allocated

as the Secretary deems necessary, notwithstanding section 17(i)

of such Act, to support participation should cost or participation

exceed budget estimates: Provided, That of the total amount available, the Secretary shall obligate not less than $15,000,000 for

a breastfeeding support initiative in addition to the activities specified in section 17(h)(3)(A): Provided further, That only the provisions

of section 17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective

in 2006; including $14,000,000 for the purposes specified in section

17(h)(10)(B)(i) and $20,000,000 for the purposes specified in section

17(h)(10)(B)(ii): Provided further, That funds made available for

the purposes specified in section 17(h)(10)(B)(ii) shall only be made

available upon a determination by the Secretary that funds are

available to meet caseload requirements without the use of the

contingency reserve funds: Provided further, That none of the funds

made available under this heading shall be used for studies and

evaluations: Provided further, That none of the funds in this Act

shall be available to pay administrative expenses of WIC clinics

except those that have an announced policy of prohibiting smoking

within the space used to carry out the program: Provided further,

That none of the funds provided in this account shall be available

for the purchase of infant formula except in accordance with the

cost containment and competitive bidding requirements specified

in section 17 of such Act: Provided further, That none of the funds

provided shall be available for activities that are not fully

reimbursed by other Federal Government departments or agencies

unless authorized by section 17 of such Act.

FOOD STAMP PROGRAM

For necessary expenses to carry out the Food Stamp Act (7

U.S.C. 2011 et seq.), $40,711,395,000, of which $3,000,000,000 to

remain available through September 30, 2007, shall be placed in

reserve for use only in such amounts and at such times as may

become necessary to carry out program operations: Provided, That

none of the funds made available under this heading shall be

used for studies and evaluations: Provided further, That of the

funds made available under this heading and not already appropriated to the Food Distribution Program on Indian Reservations

(FDPIR) established under section 4(b) of the Food Stamp Act

of 1977 (7 U.S.C. 2013(b)), not less than $3,000,000 shall be used

to purchase bison meat for the FDPIR from Native American bison

producers as well as from producer-owned cooperatives of bison

ranchers: Provided further, That funds provided herein shall be

expended in accordance with section 16 of the Food Stamp Act:

Workfare. Provided further, That this appropriation shall be subject to any

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2145

work registration or workfare requirements as may be required

by law: Provided further, That funds made available for Employment and Training under this heading shall remain available until

expended, as authorized by section 16(h)(1) of the Food Stamp

Act: Provided further, That notwithstanding section 5(d) of the

Food Stamp Act of 1977, any additional payment received under

chapter 5 of title 37, United States Code, by a member of the

United States Armed Forces deployed to a designated combat zone

shall be excluded from household income for the duration of the

member’s deployment if the additional pay is the result of deployment to or while serving in a combat zone, and it was not received

immediately prior to serving in the combat zone.

COMMODITY ASSISTANCE PROGRAM

For necessary expenses to carry out disaster assistance and

the commodity supplemental food program as authorized by section

4(a) of the Agriculture and Consumer Protection Act of 1973 (7

U.S.C. 612c note); the Emergency Food Assistance Act of 1983;

special assistance (in a form determined by the Secretary of Agriculture) for the nuclear affected islands, as authorized by section

103(f)(2) of the Compact of Free Association Amendments Act of

2003 (Public Law 108–188); and the Farmers’ Market Nutrition

Program, as authorized by section 17(m) of the Child Nutrition

Act of 1966, $179,366,000, to remain available through September

30, 2007: Provided, That none of these funds shall be available

to reimburse the Commodity Credit Corporation for commodities

donated to the program: Provided further, That notwithstanding

any other provision of law, effective with funds made available

in fiscal year 2006 to support the Seniors Farmers’ Market Nutrition

Program, as authorized by section 4402 of Public Law 107–171,

such funds shall remain available through September 30, 2007:

Provided further, That of the funds made available under section

27(a) of the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.),

the Secretary may use up to $10,000,000 for costs associated with

the distribution of commodities.

NUTRITION PROGRAMS ADMINISTRATION

For necessary administrative expenses of the domestic nutrition

assistance programs funded under this Act, $140,761,000.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

FOREIGN AGRICULTURAL SERVICE

SALARIES AND EXPENSES

(INCLUDING TRANSFERS OF FUNDS)

For necessary expenses of the Foreign Agricultural Service,

including carrying out title VI of the Agricultural Act of 1954

(7 U.S.C. 1761–1768), market development activities abroad, and

for enabling the Secretary to coordinate and integrate activities

of the Department in connection with foreign agricultural work,

including not to exceed $158,000 for representation allowances and

for expenses pursuant to section 8 of the Act approved August

119 STAT. 2146 PUBLIC LAW 109–97—NOV. 10, 2005

3, 1956 (7 U.S.C. 1766), $147,901,000: Provided, That the Service

may utilize advances of funds, or reimburse this appropriation

for expenditures made on behalf of Federal agencies, public and

private organizations and institutions under agreements executed

pursuant to the agricultural food production assistance programs

(7 U.S.C. 1737) and the foreign assistance programs of the United

States Agency for International Development.

PUBLIC LAW 480 TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS

PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For the cost, as defined in section 502 of the Congressional

Budget Act of 1974, of agreements under the Agricultural Trade

Development and Assistance Act of 1954, and the Food for Progress

Act of 1985, including the cost of modifying credit arrangements

under said Acts, $65,040,000, to remain available until expended:

Provided, That the Secretary of Agriculture may implement a commodity monetization program under existing provisions of the Food

for Progress Act of 1985 to provide no less than $5,000,000 in

local-currency funding support for rural electrification development

overseas.

In addition, for administrative expenses to carry out the credit

program of title I, Public Law 83–480, and the Food for Progress

Act of 1985, to the extent funds appropriated for Public Law 83–

480 are utilized, $3,385,000, of which $168,000 may be transferred

to and merged with the appropriation for ‘‘Foreign Agricultural

Service, Salaries and Expenses’’, and of which $3,217,000 may

be transferred to and merged with the appropriation for ‘‘Farm

Service Agency, Salaries and Expenses’’.

PUBLIC LAW 480 TITLE I OCEAN FREIGHT DIFFERENTIAL GRANTS

(INCLUDING TRANSFER OF FUNDS)

For ocean freight differential costs for the shipment of agricultural commodities under title I of the Agricultural Trade Development and Assistance Act of 1954 and under the Food for Progress

Act of 1985, $11,940,000, to remain available until expended: Provided, That funds made available for the cost of agreements under

title I of the Agricultural Trade Development and Assistance Act

of 1954 and for title I ocean freight differential may be used interchangeably between the two accounts with prior notice to the

Committees on Appropriations of both Houses of Congress.

PUBLIC LAW 480 TITLE II GRANTS

For expenses during the current fiscal year, not otherwise

recoverable, and unrecovered prior years’ costs, including interest

thereon, under the Agricultural Trade Development and Assistance

Act of 1954, for commodities supplied in connection with dispositions

abroad under title II of said Act, $1,150,000,000, to remain available

until expended.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2147

COMMODITY CREDIT CORPORATION EXPORT LOANS PROGRAM ACCOUNT

(INCLUDING TRANSFERS OF FUNDS)

For administrative expenses to carry out the Commodity Credit

Corporation’s export guarantee program, GSM 102 and GSM 103,

$5,279,000; to cover common overhead expenses as permitted by

section 11 of the Commodity Credit Corporation Charter Act and

in conformity with the Federal Credit Reform Act of 1990, of which

$3,440,000 may be transferred to and merged with the appropriation

for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and of

which $1,839,000 may be transferred to and merged with the appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.

MC GOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD

NUTRITION PROGRAM GRANTS

For necessary expenses to carry out the provisions of section

3107 of the Farm Security and Rural Investment Act of 2002

(7 U.S.C. 1736o–1), $100,000,000, to remain available until

expended: Provided, That the Commodity Credit Corporation is

authorized to provide the services, facilities, and authorities for

the purpose of implementing such section, subject to reimbursement

from amounts provided herein.

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG

ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

FOOD AND DRUG ADMINISTRATION

SALARIES AND EXPENSES

For necessary expenses of the Food and Drug Administration,

including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law

92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose

space in the District of Columbia or elsewhere; for miscellaneous

and emergency expenses of enforcement activities, authorized and

approved by the Secretary and to be accounted for solely on the

Secretary’s certificate, not to exceed $25,000; and notwithstanding

section 521 of Public Law 107–188; $1,838,567,000: Provided, That

of the amount provided under this heading, $305,332,000 shall

be derived from prescription drug user fees authorized by 21 U.S.C.

379h, shall be credited to this account and remain available until

expended, and shall not include any fees pursuant to 21 U.S.C.

379h(a)(2) and (a)(3) assessed for fiscal year 2007 but collected

in fiscal year 2006; $40,300,000 shall be derived from medical

device user fees authorized by 21 U.S.C. 379j, and shall be credited

to this account and remain available until expended; and

$11,318,000 shall be derived from animal drug user fees authorized

by 21 U.S.C. 379j, and shall be credited to this account and remain

available until expended: Provided further, That fees derived from

prescription drug, medical device, and animal drug assessments

received during fiscal year 2006, including any such fees assessed

119 STAT. 2148 PUBLIC LAW 109–97—NOV. 10, 2005

prior to the current fiscal year but credited during the current

year, shall be subject to the fiscal year 2006 limitation: Provided

further, That none of these funds shall be used to develop, establish,

or operate any program of user fees authorized by 31 U.S.C. 9701:

Provided further, That of the total amount appropriated: (1)

$443,153,000 shall be for the Center for Food Safety and Applied

Nutrition and related field activities in the Office of Regulatory

Affairs; (2) $520,564,000 shall be for the Center for Drug Evaluation

and Research and related field activities in the Office of Regulatory

Affairs; (3) $178,714,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office

of Regulatory Affairs; (4) $99,787,000 shall be for the Center for

Veterinary Medicine and for related field activities in the Office

of Regulatory Affairs; (5) $245,770,000 shall be for the Center

for Devices and Radiological Health and for related field activities

in the Office of Regulatory Affairs; (6) $41,152,000 shall be for

the National Center for Toxicological Research; (7) $58,515,000

shall be for Rent and Related activities, of which $21,974,000 is

for White Oak Consolidation, other than the amounts paid to the

General Services Administration for rent; (8) $134,853,000 shall

be for payments to the General Services Administration for rent;

and (9) $116,059,000 shall be for other activities, including the

Office of the Commissioner; the Office of Management; the Office

of External Relations; the Office of Policy and Planning; and central

services for these offices: Provided further, That funds may be

transferred from one specified activity to another with the prior

approval of the Committees on Appropriations of both Houses of

Congress.

In addition, mammography user fees authorized by 42 U.S.C.

263b may be credited to this account, to remain available until

expended.

In addition, export certification user fees authorized by 21

U.S.C. 381 may be credited to this account, to remain available

until expended.

BUILDINGS AND FACILITIES

For plans, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities of or used

by the Food and Drug Administration, where not otherwise provided, $8,000,000, to remain available until expended.

INDEPENDENT AGENCIES

COMMODITY FUTURES TRADING COMMISSION

For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase

and hire of passenger motor vehicles, and the rental of space (to

include multiple year leases) in the District of Columbia and elsewhere, $98,386,000, including not to exceed $3,000 for official reception and representation expenses.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2149

FARM CREDIT ADMINISTRATION

LIMITATION ON ADMINISTRATIVE EXPENSES

Not to exceed $44,250,000 (from assessments collected from

farm credit institutions and from the Federal Agricultural Mortgage

Corporation) shall be obligated during the current fiscal year for

administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated

with receiverships.

TITLE VII

GENERAL PROVISIONS

(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)

SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture

for the current fiscal year under this Act shall be available for

the purchase, in addition to those specifically provided for, of not

to exceed 320 passenger motor vehicles, of which 320 shall be

for replacement only, and for the hire of such vehicles.

SEC. 702. Hereafter, funds appropriated by this or any other

Appropriations Act to the Department of Agriculture (excluding

the Forest Service) shall be available for uniforms or allowances

as authorized by law (5 U.S.C. 5901–5902).

SEC. 703. Hereafter, funds appropriated by this or any other

Appropriations Act to the Department of Agriculture (excluding

the Forest Service) shall be available for employment pursuant

to the second sentence of section 706(a) of the Department of

Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5 U.S.C.

3109.

SEC. 704. New obligational authority provided for the following

appropriation items in this Act shall remain available until

expended: Animal and Plant Health Inspection Service, the contingency fund to meet emergency conditions, information technology

infrastructure, fruit fly program, emerging plant pests, boll weevil

program, low pathogen avian influenza program, up to $33,340,000

in animal health monitoring and surveillance for the animal identification system, up to $1,500,000 in the scrapie program for indemnities, up to $3,000,000 in the emergency management systems

program for the vaccine bank, up to $1,000,000 for wildlife services

methods development, up to $1,000,000 of the wildlife services

operations program for aviation safety, and up to 25 percent of

the screwworm program; Food Safety and Inspection Service, field

automation and information management project; Cooperative State

Research, Education, and Extension Service, funds for competitive

research grants (7 U.S.C. 450i(b)), funds for the Research, Education, and Economics Information System, and funds for the Native

American Institutions Endowment Fund; Farm Service Agency,

salaries and expenses funds made available to county committees;

Foreign Agricultural Service, middle-income country training program, and up to $2,000,000 of the Foreign Agricultural Service

appropriation solely for the purpose of offsetting fluctuations in

international currency exchange rates, subject to documentation

by the Foreign Agricultural Service.

7 USC 2209b.

7 USC 2225a.

7 USC 2209g.

119 STAT. 2150 PUBLIC LAW 109–97—NOV. 10, 2005

SEC. 705. The Secretary of Agriculture may transfer unobligated

balances of discretionary funds appropriated by this Act or other

available unobligated discretionary balances of the Department of

Agriculture to the Working Capital Fund for the acquisition of

plant and capital equipment necessary for the delivery of financial,

administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture: Provided,

That none of the funds made available by this Act or any other

Act shall be transferred to the Working Capital Fund without

the prior approval of the agency administrator: Provided further,

That none of the funds transferred to the Working Capital Fund

pursuant to this section shall be available for obligation without

the prior approval of the Committees on Appropriations of both

Houses of Congress.

SEC. 706. No part of any appropriation contained in this Act

shall remain available for obligation beyond the current fiscal year

unless expressly so provided herein.

SEC. 707. Hereafter, not to exceed $50,000 in each fiscal year

of the funds appropriated by this or any other Appropriations

Act to the Department of Agriculture (excluding the Forest Service)

shall be available to provide appropriate orientation and language

training pursuant to section 606C of the Act of August 28, 1954

(7 U.S.C. 1766b).

SEC. 708. No funds appropriated by this Act may be used

to pay negotiated indirect cost rates on cooperative agreements

or similar arrangements between the United States Department

of Agriculture and nonprofit institutions in excess of 10 percent

of the total direct cost of the agreement when the purpose of

such cooperative arrangements is to carry out programs of mutual

interest between the two parties. This does not preclude appropriate

payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis

for all agencies for which appropriations are provided in this Act.

SEC. 709. None of the funds in this Act shall be available

to pay indirect costs charged against competitive agricultural

research, education, or extension grant awards issued by the

Cooperative State Research, Education, and Extension Service that

exceed 20 percent of total Federal funds provided under each award:

Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7

U.S.C. 3310), funds provided by this Act for grants awarded

competitively by the Cooperative State Research, Education, and

Extension Service shall be available to pay full allowable indirect

costs for each grant awarded under section 9 of the Small Business

Act (15 U.S.C. 638).

SEC. 710. Hereafter, loan levels provided in this or any other

Appropriations Act to the Department of Agriculture shall be considered estimates, not limitations.

SEC. 711. Appropriations to the Department of Agriculture for

the cost of direct and guaranteed loans made available in the

current fiscal year shall remain available until expended to cover

obligations made in the current fiscal year for the following

accounts: the Rural Development Loan Fund program account, the

Rural Electrification and Telecommunication Loans program

account, and the Rural Housing Insurance Fund program account.

7 USC 2208a.

7 USC 1766b

note.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2151

SEC. 712. Of the funds made available by this Act, not more than $1,800,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and

task forces of the Department of Agriculture, except for panels

used to comply with negotiated rule makings and panels used

to evaluate competitively awarded grants.

SEC. 713. None of the funds appropriated by this Act may

be used to carry out section 410 of the Federal Meat Inspection

Act (21 U.S.C. 679a) or section 30 of the Poultry Products Inspection

Act (21 U.S.C. 471).

SEC. 714. No employee of the Department of Agriculture may

be detailed or assigned from an agency or office funded by this

Act to any other agency or office of the Department for more

than 30 days unless the individual’s employing agency or office

is fully reimbursed by the receiving agency or office for the salary

and expenses of the employee for the period of assignment.

SEC. 715. None of the funds appropriated or otherwise made

available to the Department of Agriculture or the Food and Drug

Administration shall be used to transmit or otherwise make available to any non-Department of Agriculture or non-Department of

Health and Human Services employee questions or responses to

questions that are a result of information requested for the appropriations hearing process.

SEC. 716. None of the funds made available to the Department

of Agriculture by this Act may be used to acquire new information

technology systems or significant upgrades, as determined by the

Office of the Chief Information Officer, without the approval of

the Chief Information Officer and the concurrence of the Executive

Information Technology Investment Review Board: Provided, That

notwithstanding any other provision of law, none of the funds

appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without the

prior approval of the Committees on Appropriations of both Houses

of Congress: Provided further, That none of the funds available

to the Department of Agriculture for information technology shall

be obligated for projects over $25,000 prior to receipt of written

approval by the Chief Information Officer.

SEC. 717. (a) None of the funds provided by this Act, or provided

by previous Appropriations Acts to the agencies funded by this

Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury

of the United States derived by the collection of fees available

to the agencies funded by this Act, shall be available for obligation

or expenditure through a reprogramming of funds which—

(1) creates new programs;

(2) eliminates a program, project, or activity;

(3) increases funds or personnel by any means for any

project or activity for which funds have been denied or

restricted;

(4) relocates an office or employees;

(5) reorganizes offices, programs, or activities; or

(6) contracts out or privatizes any functions or activities

presently performed by Federal employees; unless the Committees on Appropriations of both Houses of Congress are notified

15 days in advance of such reprogramming of funds.

(b) None of the funds provided by this Act, or provided by

previous Appropriations Acts to the agencies funded by this Act

Notification.

Notification.

119 STAT. 2152 PUBLIC LAW 109–97—NOV. 10, 2005

that remain available for obligation or expenditure in the current

fiscal year, or provided from any accounts in the Treasury of the

United States derived by the collection of fees available to the

agencies funded by this Act, shall be available for obligation or

expenditure for activities, programs, or projects through a reprogramming of funds in excess of $500,000 or 10 percent, whichever is less, that: (1) augments existing programs, projects, or

activities; (2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent

as approved by Congress; or (3) results from any general savings

from a reduction in personnel which would result in a change

in existing programs, activities, or projects as approved by Congress;

unless the Committees on Appropriations of both Houses of Congress are notified 15 days in advance of such reprogramming of

funds.

(c) The Secretary of Agriculture, the Secretary of Health and

Human Services, or the Chairman of the Commodity Futures

Trading Commission shall notify the Committees on Appropriations

of both Houses of Congress before implementing a program or

activity not carried out during the previous fiscal year unless the

program or activity is funded by this Act or specifically funded

by any other Act.

SEC. 718. With the exception of funds needed to administer

and conduct oversight of grants awarded and obligations incurred

in prior fiscal years, none of the funds appropriated or otherwise

made available by this or any other Act may be used to pay

the salaries and expenses of personnel to carry out the provisions

of section 401 of Public Law 105–185, the Initiative for Future

Agriculture and Food Systems (7 U.S.C. 7621).

SEC. 719. None of the funds appropriated by this or any other

Act shall be used to pay the salaries and expenses of personnel

who prepare or submit appropriations language as part of the

President’s Budget submission to the Congress of the United States

for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies that assumes revenues or

reflects a reduction from the previous year due to user fees proposals

that have not been enacted into law prior to the submission of

the Budget unless such Budget submission identifies which additional spending reductions should occur in the event the user fees

proposals are not enacted prior to the date of the convening of

a committee of conference for the fiscal year 2007 appropriations

Act.

SEC. 720. None of the funds made available by this or any

other Act may be used to close or relocate a State Rural Development office unless or until cost effectiveness and enhancement

of program delivery have been determined.

SEC. 721. In addition to amounts otherwise appropriated or

made available by this Act, $2,500,000 is appropriated for the

purpose of providing Bill Emerson and Mickey Leland Hunger

Fellowships, through the Congressional Hunger Center.

SEC. 722. Hereafter, notwithstanding section 412 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C.

1736f), any balances available to carry out title III of such Act

as of the date of enactment of this Act, and any recoveries and

reimbursements that become available to carry out title III of

such Act, may be used to carry out title II of such Act.

7 USC 1736f

note.

Notification.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2153

SEC. 723. There is hereby appropriated $1,250,000 for a grant

to the National Sheep Industry Improvement Center, to remain

available until expended.

SEC. 724. The Secretary of Agriculture shall—

(1) as soon as practicable after the date of enactment

of this Act, conduct an evaluation of any impacts of the court

decision in Harvey v. Veneman, 396 F.3d 28 (1st Cir. Me.

2005); and

(2) not later than 90 days after the date of enactment

of this Act, submit to Congress a report that—

(A) describes the results of the evaluation conducted

under paragraph (1);

(B) includes a determination by the Secretary on

whether restoring the National Organic Program, as in

effect on the day before the date of the court decision

described in paragraph (1), would adversely affect organic

farmers, organic food processors, and consumers;

(C) analyzes issues regarding the use of synthetic

ingredients in processing and handling;

(D) analyzes the utility of expedited petitions for

commercially unavailable agricultural commodities and

products; and

(E) considers the use of crops and forage from land

included in the organic system plan of dairy farms that

are in the third year of organic management.

SEC. 725. Hereafter, of any shipments of commodities made

pursuant to section 416(b) of the Agricultural Act of 1949 (7 U.S.C.

1431(b)), the Secretary of Agriculture shall, to the extent practicable, direct that tonnage equal in value to not more than

$25,000,000 shall be made available to foreign countries to assist

in mitigating the effects of the Human Immunodeficiency Virus

and Acquired Immune Deficiency Syndrome on communities,

including the provision of—

(1) agricultural commodities to—

(A) individuals with Human Immunodeficiency Virus

or Acquired Immune Deficiency Syndrome in the communities; and

(B) households in the communities, particularly

individuals caring for orphaned children; and

(2) agricultural commodities monetized to provide other

assistance (including assistance under microcredit and microenterprise programs) to create or restore sustainable livelihoods

among individuals in the communities, particularly individuals

caring for orphaned children.

SEC. 726. Notwithstanding any other provision of law, the

Natural Resources Conservation Service shall provide financial and

technical assistance—

(1) from funds available for the Watershed and Flood

Prevention Operations program—

(A) to the Kane County, Illinois, Indian Creek Watershed Flood Prevention Project, in an amount not to exceed

$1,000,000;

(B) for the Muskingam River Watershed, Mohican

River, Jerome and Muddy Fork, Ohio, obstruction removal

projects, in an amount not to exceed $1,800,000;

HIV/AIDS.

7 USC 1431f.

Deadline.

Reports.

119 STAT. 2154 PUBLIC LAW 109–97—NOV. 10, 2005

(C) to the Hickory Creek Special Drainage District,

Bureau County, Illinois, in an amount not to exceed

$50,000; and

(D) to the Little Red River Irrigation project, Arkansas,

in an amount not to exceed $210,000;

(2) through the Watershed and Flood Prevention Operations program for—

(A) the Matanuska River erosion control project in

Alaska;

(B) the Little Otter Creek project in Missouri;

(C) the Manoa Watershed project in Hawaii;

(D) the West Tarkio project in Iowa;

(E) the Steeple Run and West Branch DuPage River

Watershed projects in DuPage County, Illinois; and

(F) the Coal Creek project in Utah;

(3) through the Watershed and Flood Prevention Operations program to carry out the East Locust Creek Watershed

Plan Revision in Missouri, including up to 100 percent of the

engineering assistance and 75 percent cost share for construction cost of site RW1; and

(4) through funds of the Conservation Operations program

provided for the Utah Conservation Initiative for completion

of the American Fork water quality and habitat restoration

project in Utah.

SEC. 727. Hereafter, none of the funds made available in this

Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a

transfer made by, or transfer authority provided in, this or any

other appropriation Act.

SEC. 728. Notwithstanding any other provision of law, of the

funds made available in this Act for competitive research grants

(7 U.S.C. 450i(b)), the Secretary may use up to 22 percent of

the amount provided to carry out a competitive grants program

under the same terms and conditions as those provided in section

401 of the Agricultural Research, Extension, and Education Reform

Act of 1998 (7 U.S.C. 7621).

SEC. 729. None of the funds appropriated or made available

by this or any other Act may be used to pay the salaries and

expenses of personnel to carry out section 14(h)(1) of the Watershed

Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)).

SEC. 730. None of the funds made available to the Food and

Drug Administration by this Act shall be used to close or relocate,

or to plan to close or relocate, the Food and Drug Administration

Division of Pharmaceutical Analysis in St. Louis, Missouri, outside

the city or county limits of St. Louis, Missouri.

SEC. 731. None of the funds appropriated or made available

by this or any other Act may be used to pay the salaries and

expenses of personnel to carry out subtitle I of the Consolidated

Farm and Rural Development Act (7 U.S.C. 2009dd through dd–

7).

SEC. 732. Hereafter, agencies and offices of the Department

of Agriculture may utilize any unobligated salaries and expenses

funds to reimburse the Office of the General Counsel for salaries

and expenses of personnel, and for other related expenses, incurred

in representing such agencies and offices in the resolution of complaints by employees or applicants for employment, and in cases

7 USC 2209h.

Missouri.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2155

and other matters pending before the Equal Employment Opportunity Commission, the Federal Labor Relations Authority, or the

Merit Systems Protection Board with the prior approval of the

Committees on Appropriations of both Houses of Congress.

SEC. 733. None of the funds appropriated or made available

by this or any other Act may be used to pay the salaries and

expenses of personnel to carry out section 6405 of Public Law

107–171 (7 U.S.C. 2655).

SEC. 734. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to enroll in excess of 150,000 acres

in the calendar year 2006 wetlands reserve program as authorized

by 16 U.S.C. 3837.

SEC. 735. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel who carry out an environmental quality

incentives program authorized by chapter 4 of subtitle D of title

XII of the Food Security Act of 1985 (16 U.S.C. 3839aa et seq.)

in excess of $1,017,000,000.

SEC. 736. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to expend the $23,000,000 made available

by section 9006(f) of the Farm Security and Rural Investment

Act of 2002 (7 U.S.C. 8106(f)).

SEC. 737. None of the funds appropriated or otherwise made

available under this or any other Act shall be used to pay the

salaries and expenses of personnel to expend the $80,000,000 made

available by section 601(j)(1) of the Rural Electrification Act of

1936 (7 U.S.C. 950bb(j)(1)).

SEC. 738. None of the funds made available in fiscal year

2006 or preceding fiscal years for programs authorized under the

Agricultural Trade Development and Assistance Act of 1954 (7

U.S.C. 1691 et seq.) in excess of $20,000,000 shall be used to

reimburse the Commodity Credit Corporation for the release of

eligible commodities under section 302(f)(2)(A) of the Bill Emerson

Humanitarian Trust Act (7 U.S.C. 1736f–1): Provided, That any

such funds made available to reimburse the Commodity Credit

Corporation shall only be used pursuant to section 302(b)(2)(B)(i)

of the Bill Emerson Humanitarian Trust Act.

SEC. 739. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to expend the $120,000,000 made available by section 6401(a) of Public Law 107–171.

SEC. 740. Notwithstanding subsections (c) and (e)(2) of section

313A of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2))

in implementing section 313A of that Act, the Secretary shall,

with the consent of the lender, structure the schedule for payment

of the annual fee, not to exceed an average of 30 basis points

per year for the term of the loan, to ensure that sufficient funds

are available to pay the subsidy costs for note guarantees under

that section.

SEC. 741. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to carry out a Conservation Security

Program authorized by 16 U.S.C. 3838 et seq., in excess of

$259,000,000.

119 STAT. 2156 PUBLIC LAW 109–97—NOV. 10, 2005

SEC. 742. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to carry out section 2502 of Public

Law 107–171 in excess of $43,000,000.

SEC. 743. Of the unobligated balances available in the Special

Supplemental Nutrition Program for Women, Infants, and Children

reserve account, $32,000,000 is hereby rescinded.

SEC. 744. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to carry out section 2503 of Public

Law 107–171 in excess of $73,500,000.

SEC. 745. With the exception of funds provided in fiscal year

2005, none of the funds appropriated or otherwise made available

by this or any other Act shall be used to carry out section 6029

of Public Law 107–171.

SEC. 746. Hereafter, none of the funds appropriated or otherwise made available in this Act shall be expended to violate Public

Law 105–264.

SEC. 747. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to carry out a ground and surface water

conservation program authorized by section 2301 of Public Law

107–171 in excess of $51,000,000.

SEC. 748. None of the funds made available by this Act may

be used to issue a final rule in furtherance of, or otherwise implement, the proposed rule on cost-sharing for animal and plant health

emergency programs of the Animal and Plant Health Inspection

Service published on July 8, 2003 (Docket No. 02–062–1; 68 Fed.

Reg. 40541).

SEC. 749. Hereafter, notwithstanding any other provision of

law, the Secretary of Agriculture may use appropriations available

to the Secretary for activities authorized under sections 426–426c

of title 7, United States Code, under this or any other Act, to

enter into cooperative agreements, with a State, political subdivision, or agency thereof, a public or private agency, organization,

or any other person, to lease aircraft if the Secretary determines

that the objectives of the agreement will: (1) serve a mutual interest

of the parties to the agreement in carrying out the programs

administered by the Animal and Plant Health Inspection Service,

Wildlife Services; and (2) all parties will contribute resources to

the accomplishment of these objectives; award of a cooperative

agreement authorized by the Secretary may be made for an initial

term not to exceed 5 years.

SEC. 750. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to carry out section 9010 of Public

Law 107–171 in excess of $60,000,000.

SEC. 751. Hereafter, agencies and offices of the Department

of Agriculture may utilize any available discretionary funds to

cover the costs of preparing, or contracting for the preparation

of, final agency decisions regarding complaints of discrimination

in employment or program activities arising within such agencies

and offices.

SEC. 752. Funds made available under section 1240I and section

1241(a) of the Food Security Act of 1985 in the current fiscal

year shall remain available until expended to cover obligations

7 USC 2209i.

7 USC 426d.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2157

made in the current fiscal year, and are not available for new

obligations.

SEC. 753. There is hereby appropriated $750,000, to remain

available until expended, for the Denali Commission to address

deficiencies in solid waste disposal sites which threaten to contaminate rural drinking water supplies.

SEC. 754. Notwithstanding any other provision of law—

(1) the City of Palmer, Alaska shall be eligible to receive

a water and waste disposal grant under section 306(a) of the

Consolidated Farm and Rural Development Act (7 U.S.C.

1926(a)) in an amount that is equal to not more than 75

percent of the total cost of providing water and sewer service

to the proposed hospital in the Matanuska-Susitna Borough,

Alaska;

(2) or any percentage of cost limitation in current law

or regulations, the construction projects known as the TriValley Community Center addition in Healy, Alaska; the Cold

Climate Housing Research Center in Fairbanks, Alaska; and

the University of Alaska-Fairbanks Allied Health Learning

Center skill labs/classrooms shall be eligible to receive Community Facilities grants in amounts that are equal to not more

than 75 percent of the total facility costs: Provided, That for

the purposes of this paragraph, the Cold Climate Housing

Research Center is designated an ‘‘essential community facility’’

for rural Alaska;

(3) for any fiscal year and hereafter, in the case of a

high cost isolated rural area in Alaska that is not connected

to a road system, the maximum level for the single family

housing assistance shall be 150 percent of the median household

income level in the nonmetropolitan areas of the State and

115 percent of all other eligible areas of the State; and

(4) any former RUS borrower that has repaid or prepaid

an insured, direct or guaranteed loan under the Rural Electrification Act, or any not-for-profit utility that is eligible to

receive an insured or direct loan under such Act, shall be

eligible for assistance under Section 313(b)(2)(B) of such Act

in the same manner as a borrower under such Act.

SEC. 755. There is hereby appropriated $1,000,000, to remain

available until expended, for a grant to the Ohio Livestock Expo

Center in Springfield, Ohio.

SEC. 756. Hereafter, notwithstanding the provisions of the

Consolidated Farm and Rural Development Act (including the associated regulations) governing the Community Facilities Program,

the Secretary may allow all Community Facility Program facility

borrowers and grantees to enter into contracts with not-for-profit

third parties for services consistent with the requirements of the

Program, grant, and/or loan: Provided, That the contracts protect

the interests of the Government regarding cost, liability, maintenance, and administrative fees.

SEC. 757. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to carry out an Agricultural Management

Assistance Program as authorized by section 524 of the Federal

Crop Insurance Act in excess of $6,000,000 (7 U.S.C. 1524).

SEC. 758. Notwithstanding any other provision of law, the

Secretary of Agriculture is authorized to make funding and other

assistance available through the emergency watershed protection

7 USC 1926f.

42 USC 1472

note.

Alaska.

Grants.

119 STAT. 2158 PUBLIC LAW 109–97—NOV. 10, 2005

program under section 403 of the Agricultural Credit Act of 1978

(16 U.S.C. 2203) to repair and prevent damage to non-Federal

land in watersheds that have been impaired by fires initiated by

the Federal Government and shall waive cost sharing requirements

for the funding and assistance.

SEC. 759. None of the funds appropriated or otherwise made

available by this or any other Act shall be used to pay the salaries

and expenses of personnel to carry out a Biomass Research and

Development Program in excess of $12,000,000, as authorized by

Public Law 106–224 (7 U.S.C. 7624 note).

SEC. 760. None of the funds provided in this Act may be

used for salaries and expenses to carry out any regulation or rule

insofar as it would make ineligible for enrollment in the conservation reserve program established under subchapter B of chapter

1 of subtitle D of title XII of the Food Security Act of 1985 (16

U.S.C. 3831 et seq.) land that is planted to hardwood trees as

of the date of enactment of this Act and was enrolled in the

conservation reserve program under a contract that expired prior

to calendar year 2002.

SEC. 761. Notwithstanding 40 U.S.C. 524, 571, and 572, the

Secretary of Agriculture may sell the US Water Conservation Laboratory, Phoenix, Arizona, and credit the net proceeds of such

sale as offsetting collections to its Agricultural Research Service

Buildings and Facilities account. Such funds shall be available

until September 30, 2007 to be used to replace these facilities

and to improve other USDA-owned facilities.

SEC. 762. None of the funds provided in this Act may be

used for salaries and expenses to draft or implement any regulation

or rule insofar as it would require recertification of rural status

for each electric and telecommunications borrower for the Rural

Electrification and Telecommunication Loans program.

SEC. 763. The Secretary of Agriculture may use any unobligated

carryover funds made available for any program administered by

the Rural Utilities Service (not including funds made available

under the heading ‘‘Rural Community Advancement Program’’ in

any Act of appropriation) to carry out section 315 of the Rural

Electrification Act of 1936 (7 U.S.C. 940e).

SEC. 764. There is hereby appropriated $650,000, to remain

available until expended, to carry out provisions of section 751

of division A of Public Law 108–7.

SEC. 765. (a) Notwithstanding any other provision of law, and

until the receipt of the decennial Census in the year 2010, the

Secretary of Agriculture shall consider—

(1) the City of Bridgeton, New Jersey, the City of Kinston,

North Carolina, and the City of Portsmouth, Ohio as rural

areas for the purposes of Rural Housing Service Community

Facilities Program loans and grants;

(2) the Township of Bloomington, Illinois (including individuals and entities with projects within Township) shall be

eligible for Rural Housing Service Community Facilities Programs loans and grants;

(3) the City of Lone Grove, Oklahoma (including individuals

and entities with projects within the city) shall be eligible

for Rural Housing Service Community Facilities Program loans

and grants;

(4) the City of Butte/Silverbow, Montana, rural areas for

purposes of eligibility for Rural Utilities Service water and

State listing.

Loans.

Grants.

Arizona.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2159

waste water loans and grants and Rural Housing Service

Community Facilities Program loans and grants;

(5) Cleburne County, Arkansas, rural areas for purposes

of eligibility of Rural Utilities Service water and waste water

loans and grants;

(6) the designated Census track areas for the Upper

Kanawha Valley Enterprise Community, West Virginia, rural

areas for purposes of eligibility for rural empowerment zones

and enterprise community programs in the rural development

mission area;

(7) the Municipality of Carolina, Puerto Rico, as meeting

the eligibility requirements for Rural Utilities Service water

and waste water loans and grants;

(8) the Municipalities of Vega Baja, Manati, Guayama,

Fajardo, Humacao, and Naguabo, Puerto Rico, (including

individuals and entities with projects within the Municipalities)

shall be eligible for Rural Community Advancement Program

loans and grants and intermediate relending programs;

(9) the City of Hidalgo, Texas as a rural area for the

purpose of the Rural Business-Cooperative Service Rural Business Enterprise Grant Program;

(10) the City of Elgin, Oklahoma (including individuals

and entities with projects within the city) shall be eligible

for Rural Utilities Service water and waste water loans and

grants; and

(11) the City of Lodi, California, the City of Atchison,

Kansas, and the City of Belle Glade, Florida as rural areas

for the purposes of the Rural Utilities Service water and waste

water loans and grants.

SEC. 766. There is hereby appropriated $200,000 for a grant

to Alaska Village Initiatives for the purpose of administering a

private lands wildlife management program in Alaska.

SEC. 767. There is hereby appropriated $2,250,000, to remain

available until expended, for a grant to the Wisconsin Federation

of Cooperatives for pilot Wisconsin-Minnesota health care cooperative purchasing alliances.

SEC. 768. The counties of Burlington and Camden, New Jersey

(including individuals and entities with projects within these counties) shall be eligible for loans and grants under the Rural Community Advancement Program for fiscal year 2006 to the same extent

they were eligible for such assistance during the fiscal year 2005

under section 106 of Chapter 1 of Division B of Public Law 108–

324 (188 Stat. 1236).

SEC. 769. Hereafter, notwithstanding any other provision of

law, funds made available to States administering the Child and

Adult Care Food Program, for the purpose of conducting audits

of participating institutions, funds identified by the Secretary as

having been unused during the initial fiscal year of availability

may be recovered and reallocated by the Secretary: Provided, That

States may use the reallocated funds until expended for the purpose

of conducting audits of participating institutions.

SEC. 770. The Secretary of Agriculture is authorized and

directed to quitclaim to the City of Elkhart, Kansas, all rights,

title and interests of the United States in that tract of land comprising 151.7 acres, more or less, located in Morton County, Kansas,

and more specifically described in a deed dated March 11, 1958,

from the United States of America to the City of Elkhart, State

Kansas.

42 USC 1766

note.

New Jersey.

Loans.

Grants.

119 STAT. 2160 PUBLIC LAW 109–97—NOV. 10, 2005

of Kansas, and filed of record April 4, 1958 at Book 34 at Page

520 in the office of the Register of Deeds of Morton County, Kansas.

SEC. 771. There is hereby appropriated $2,500,000 to carry

out the Healthy Forests Reserve Program authorized under Title

V of Public Law 108–148 (16 U.S.C. 6571–6578).

SEC. 772. Unless otherwise authorized by existing law, none

of the funds provided in this Act, may be used by an executive

branch agency to produce any prepackaged news story intended

for broadcast or distribution in the United States unless the story

includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared

or funded by that executive branch agency.

SEC. 773. In addition to other amounts appropriated or otherwise made available by this Act, there is hereby appropriated to

the Secretary of Agriculture $7,000,000, of which not to exceed

5 percent may be available for administrative expenses, to remain

available until expended, to make specialty crop block grants under

section 101 of the Specialty Crops Competitiveness Act of 2004

(Public Law 108–465; 7 U.S.C. 1621 note).

SEC. 774. The Rural Electrification Act of 1936 is amended

by inserting after section 315 (7 U.S.C. 940e) the following:

‘‘SEC. 316. EXTENSION OF PERIOD OF EXISTING GUARANTEE.

(a) IN GENERAL.—Subject to the limitations in this section and

the provisions of the Federal Credit Reform Act of 1990, as

amended, a borrower of a loan made by the Federal Financing

Bank and guaranteed under this Act may request an extension

of the final maturity of the outstanding principal balance of such

loan or any loan advance thereunder. If the Secretary and the

Federal Financing Bank approve such an extension, then the period

of the existing guarantee shall also be considered extended.

‘‘(b) LIMITATIONS.—

‘‘(1) FEASIBILITY AND SECURITY.—Extensions under this section shall not be made unless the Secretary first finds and

certifies that, after giving effect to the extension, in his judgment the security for all loans to the borrower made or guaranteed under this Act is reasonably adequate and that all such

loans will be repaid within the time agreed. 

‘‘(2) EXTENSION OF USEFUL LIFE OR COLLATERAL.—Extensions under this section shall not be granted unless the borrower first submits with its request either—

‘‘(A) evidence satisfactory to the Secretary that a Federal or State agency with jurisdiction and expertise has

made an official determination, such as through a licensing

proceeding, extending the useful life of a generating plant

or transmission line pledged as collateral to or beyond

the new final maturity date being requested by the borrower, or

‘‘(B) a certificate from an independent licensed engineer

concluding, on the basis of a thorough engineering analysis

satisfactory to the Secretary, that the useful life of the

generating plant or transmission line pledged as collateral

extends to or beyond the new final maturity date being

requested by the borrower.

‘‘(3) AMOUNT ELIGIBLE FOR EXTENSION.—Extensions under

this section shall not be granted if the principal balance

extended exceeds the appraised value of the generating plant

or transmission line referred to in subsection paragraph (2).

7 USC 940f.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2161

‘‘(4) PERIOD OF EXTENSION.—Extensions under this section

shall in no case result in a final maturity greater than 55

years from the time of original disbursement and shall in

no case result in a final maturity greater than the useful

life of the plant.

‘‘(5) NUMBER OF EXTENSIONS.—Extensions under this section shall not be granted more than once per loan advance.

‘‘(c) FEES.— ‘‘(1) IN GENERAL.—A borrower that receives an extension

under this section shall pay a fee to the Secretary which shall

be credited to the Rural Electrification and Telecommunications

Loans Program account. Such fees shall remain available without fiscal year limitation to pay the modification costs for

extensions.

‘‘(2) AMOUNT.—The amount of the fee paid shall be equal

to the modification cost, calculated in accordance with section

502 of the Federal Credit Reform Act of 1990, as amended,

of such extension.

‘‘(3) PAYMENT.—The borrower shall pay the fee required

under this section at the time the existing guarantee is

extended by making a payment in the amount of the required

fee.’’.

SEC. 775. (a) IN GENERAL.—The Secretary of Health and

Human Services, on behalf of the United States may, whenever

the Secretary deems desirable, relinquish to the State of Arkansas

all or part of the jurisdiction of the United States over the lands

and properties encompassing the Jefferson Labs campus in the

State of Arkansas that are under the supervision or control of

the Secretary.

(b) TERMS.—Relinquishment of jurisdiction under this section

may be accomplished, under terms and conditions that the Secretary

deems advisable,

(1) by filing with the Governor of the State of Arkansas

a notice of relinquishment to take effect upon acceptance

thereof; or

(2) as the laws of such State may otherwise provide.

(c) DEFINITION.—In this section, the term ‘‘Jefferson Labs campus’’ means the lands and properties of the National Center for

Toxicological Research and the Arkansas Regional Laboratory.

SEC. 776. Section 204(b)(3)(A) of the Child Nutrition and WIC

Reauthorization Act of 2004 (118 Stat. 781; 42 U.S.C. 1751 note)

is amended by striking ‘‘July 1, 2006’’ and inserting ‘‘October 1,

2005’’.

SEC. 777. (a) Section 18(f)(1)(B) of the Richard B. Russell

National School Lunch Act (42 U.S.C. 1769(f)(1)(B)) is amended—

(1) by striking ‘‘April 2004’’ and inserting ‘‘June 2005’’;

and

(2) in clause (ii), by striking ‘‘66.67’’ and inserting ‘‘75’’.

(b) The amendments made by subsection (a) take effect on

January 1, 2006.

SEC. 778. None of the funds in this Act may be used to retire

more than 5 percent of the Class A stock of the Rural Telephone

Bank, except in the event of liquidation or dissolution of the telephone bank during fiscal year 2006, pursuant to section 411 of

the Rural Electrification Act of 1936, as amended, or to maintain

any account or subaccount within the accounting records of the

Rural Telephone Bank the creation of which has not specifically

Effective date.

42 USC 1769

note.

Notice.

Arkansas.

119 STAT. 2162 PUBLIC LAW 109–97—NOV. 10, 2005

been authorized by statute: Provided, That notwithstanding any

other provision of law, none of the funds appropriated or otherwise

made available in this Act may be used to transfer to the Treasury

or to the Federal Financing Bank any unobligated balance of the

Rural Telephone Bank telephone liquidating account which is in

excess of current requirements and such balance shall receive

interest as set forth for financial accounts in section 505(c) of

the Federal Credit Reform Act of 1990.

SEC. 779. There is hereby appropriated $6,000,000 to carry

out Section 120 of Public Law 108–265 in Utah, Wisconsin, New

Mexico, Texas, Connecticut, and Idaho.

SEC. 780. Section 508(a)(4)(B) of the Federal Crop Insurance

Act (7 U.S.C. 1508(a)(4)(B)) is amended by inserting ‘‘or similar

commodities’’ after ‘‘the commodity’’.

SEC. 781. (a) Notwithstanding subtitles B and C of the Dairy

Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.), during

fiscal year 2006, the National Dairy Promotion and Research Board

may obligate and expend funds for any activity to improve the

environment and public health.

(b) The Secretary of Agriculture shall review the impact of

any expenditures under subsection (a) and include the review in

the 2007 report of the Secretary to Congress on the dairy promotion

program established under subtitle B of the Dairy Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.).

SEC. 782. The Federal facility located at the South Mississippi

Branch Experiment Station in Poplarville, Mississippi, and known

as the ‘‘Southern Horticultural Laboratory’’, shall be known and

designated as the ‘‘Thad Cochran Southern Horticultural Laboratory’’: Provided, That any reference in law, map, regulation, document, paper, or other record of the United States to such Federal

facility shall be deemed to be a reference to the ‘‘Thad Cochran

Southern Horticultural Laboratory’’.

SEC. 783. As soon as practicable after the Agricultural Research

Service operations at the Western Cotton Research Laboratory

located at 4135 East Broadway Road in Phoenix, Arizona, have

ceased, the Secretary of Agriculture shall convey, without consideration, to the Arizona Cotton Growers Association and Supima all

right, title, and interest of the United States in and to the real

property at that location, including improvements.

SEC. 784. (a) IN GENERAL.—In carrying out a livestock assistance, compensation, or feed program, the Secretary of Agriculture

shall include horses and deer within the definition of ‘‘livestock’’

covered by the program.

(b) CONFORMING AMENDMENTS.—

(1) Section 602(2) of the Agricultural Act of 1949 (7 U.S.C.

1471(2)) is amended—

(A) by inserting ‘‘horses, deer,’’ after ‘‘bison,’’; and

(B) by striking ‘‘equine animals used for food or in

the production of food,’’.

(2) Section 806 of the Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106–387; 114 Stat. 1549A–

51) is amended by inserting ‘‘(including losses to elk, reindeer,

bison, horses, and deer)’’ after ‘‘livestock losses’’.

(3) Section 10104(a) of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1472(a)) is amended by striking

‘‘and bison’’ and inserting ‘‘bison, horses, and deer’’.

7 USC 1471 note.

Arizona.

Real property.

Federal buildings

and facilities.

Mississippi.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2163

(4) Section 203(d)(2) of the Agricultural Assistance Act

of 2003 (Public Law 108–7; 117 Stat. 541) is amended by

striking ‘‘and bison’’ and inserting ‘‘bison, horses, and deer’’.

(c) APPLICABILITY.— (1) IN GENERAL.—This section and the amendments made

by this section apply to losses resulting from a disaster that

occurs on or after July 28, 2005.

(2) PRIOR LOSSES.—This section and the amendments made

by this section do not apply to losses resulting from a disaster

that occurred before July 28, 2005.

SEC. 785. Amounts made available for the Plant Materials

Center in Fallon, Nevada, under the heading ‘‘Conservation Operations’’ under the heading ‘‘Natural Resources Conservation Service’’

of title II of the Agriculture, Rural Development, Food and Drug

Administration, and Related Agencies Appropriations Act, 2005

(Public Law 108–447; 118 Stat. 2823) shall remain available until

expended.

SEC. 786. None of the funds made available in this Act may

be used to study, complete a study of, or enter into a contract

with a private party to carry out, without specific authorization

in a subsequent Act of Congress, a competitive sourcing activity

of the Secretary of Agriculture, including support personnel of the

Department of Agriculture, relating to rural development or farm

loan programs.

SEC. 787. None of the funds made available under this Act

shall be available to pay the administrative expenses of a State

agency that, after the date of enactment of this Act and prior

to receiving certification in accordance with the provisions set forth

in section 17(h)(11)(E) of the Child Nutrition Act of 1966, authorizes

any new for-profit vendor(s) to transact food instruments under

the Special Supplemental Nutrition Program for Women, Infants,

and Children (WIC) if it is expected that more than 50 percent

of the annual revenue of the vendor from the sale of food items

will be derived from the sale of supplemental foods that are obtained

with WIC food instruments, except that the Secretary may approve

the authorization of such a vendor if the approval is necessary

to assure participant access to program benefits.

SEC. 788. Of the unobligated balances under section 32 of

the Act of August 24, 1935, $37,601,000 are hereby rescinded.

SEC. 789. None of the funds provided in this Act may be

obligated or expended for any activity the purpose of which is

to require a recipient of any grant that was funded in Public

Law 102–368 and Public Law 103–50 for ‘‘Rural Housing for

Domestic Farm Labor’’ in response to Hurricane Andrew to pay

the United States any portion of any interest earned with respect

to such grants: Provided, That such funds are expended by the

grantee within 18 months of the date of enactment of this section

for the purposes of providing farm labor housing consistent with

the purpose authorized in title V of the Housing Act of 1949,

as determined by the Secretary.

SEC. 790. There is hereby appropriated $140,000 to remain

available until expended, for a grant to the University of Nevada

at Reno; $400,000 to remain available until expended for a grant

to the Ohio Center for Farmland Policy Innovation at Ohio State

University, Columbus, Ohio; $200,000 to remain available until

expended, for a grant to Utah State University for a farming and

dairy training initiative; $500,000, to remain available until

Deadline.

7 USC 1471 note.

119 STAT. 2164 PUBLIC LAW 109–97—NOV. 10, 2005

expended, for a grant to the Nueces County, Texas Regional Fairground; and $350,000 to provide administrative support for a world

hunger organization: Provided, That none of the funds may be

used for a monetary award to an individual.

SEC. 791. There is hereby appropriated $1,000,000 to establish

a demonstration intermediate relending program for the construction and rehabilitation of housing for the Mississippi Band of

Choctaw Indians: Provided, That the interest rate for direct loans

shall be 1 percent: Provided further, That no later than 1 year

after the establishment of this program the Secretary shall provide

the Committees on Appropriations with a report providing information on the program structure, management, and general demographic information on the loan recipients.

SEC. 792. Section 285 of the Agricultural Marketing Act of

1946 (7 U.S.C. 1638d) is amended by striking ‘‘2006’’ and inserting

‘‘2008’’.

SEC. 793. None of the funds appropriated or otherwise made

available by this Act shall be used to pay salaries and expenses

of personnel who implement or administer section 508(e)(3) of the

Federal Crop Insurance Act (7 U.S.C. 1508(e)(3)) or any regulation,

bulletin, policy or agency guidance issued pursuant to section

508(e)(3) of such Act for the 2007 reinsurance year.

SEC. 794. Effective 120 days after the date of enactment of

this Act, none of the funds made available in this Act may be

used to pay the salaries or expenses of personnel to inspect horses

under section 3 of the Federal Meat Inspection Act (21 U.S.C.

603) or under the guidelines issued under section 903 the Federal

Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901

note; Public Law 104–127).

SEC. 795. (a) Subject to subsection (b), none of the funds made

available in this Act may be used to—

(1) grant a waiver of a financial conflict of interest requirement pursuant to section 505(n)(4) of the Federal Food, Drug,

and Cosmetic Act (21 U.S.C. 355(n)(4)) for any voting member

of an advisory committee or panel of the Food and Drug

Administration; or

(2) make a certification under section 208(b)(3) of title

18, United States Code, for any such voting member.

(b) Subsection (a) shall not apply to a waiver or certification

if—

(1) not later than 15 days prior to a meeting of an advisory

committee or panel to which such waiver or certification applies,

the Secretary of Health and Human Services discloses on the

Internet website of the Food and Drug Administration—

(A) the nature of the conflict of interest at issue; and

(B) the nature and basis of such waiver or certification

(other than information exempted from disclosure under

section 552 of title 5, United States Code (popularly known

as the Freedom of Information Act)); or

(2) in the case of a conflict of interest that becomes known

to the Secretary less than 15 days prior to a meeting to which

such waiver or certification applies, the Secretary shall make

such public disclosure as soon as possible thereafter, but in

no event later than the date of such meeting.

(c) None of the funds made available in this Act may be used

to make a new appointment to an advisory committee or panel

of the Food and Drug Administration unless the Commissioner

Reports.

Public

information.

Deadline.

Internet.

Effective date.

Deadline.

Reports.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2165

of Food and Drugs submits a quarterly report to the Inspector

General of the Department of Health and Human Services and

the Committees on Appropriations of the House and Senate on

the efforts made to identify qualified persons for such appointment

with minimal or no potential conflicts of interest.

SEC. 796. Section 274(a)(1) of the Immigration and Nationality

Act (8 U.S.C. 1324(a)(1)) is amended by adding at the end the

following:

‘‘(C) It is not a violation of clauses (ii) or (iii) of subparagraph (A), or of clause (iv) of subparagraph (A) except

where a person encourages or induces an alien to come

to or enter the United States, for a religious denomination

having a bona fide nonprofit, religious organization in the

United States, or the agents or officers of such denomination or organization, to encourage, invite, call, allow, or

enable an alien who is present in the United States to

perform the vocation of a minister or missionary for the

denomination or organization in the United States as a

volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical

assistance, and other basic living expenses, provided the

minister or missionary has been a member of the denomination for at least one year.’’.

SEC. 797. (a) Section 2111(a)(1) of the Organic Foods Production

Act of 1990 (7 U.S.C. 6510(a)(1)) is amended by inserting ‘‘not

appearing on the National List’’ after ‘‘ingredient’’.

(b) Section 2118 of the Organic Foods Production Act of 1990

(7 U.S.C. 6517) is amended—

(1) in subsection (c)(1)—

(A) in the paragraph heading, by inserting ‘‘IN ORGANIC

PRODUCTION AND HANDLING OPERATIONS’’ after ‘‘SUBSTANCES’’;

(B) in subparagraph (B)—

(i) in clause (i), by inserting ‘‘or’’ at the end; and

(ii) in clause (ii), by striking ‘‘or’’ at the end and

inserting ‘‘and’’; and

(C) by striking clause (iii); and

(2) in subsection (d), by adding at the end the following:

‘‘(6) EXPEDITED PETITIONS FOR COMMERCIALLY UNAVAILABLE

ORGANIC AGRICULTURAL PRODUCTS CONSTITUTING LESS THAN 5

PERCENT OF AN ORGANIC PROCESSED PRODUCT.—The Secretary

may develop emergency procedures for designating agricultural

products that are commercially unavailable in organic form

for placement on the National List for a period of time not

to exceed 12 months.’’.

(c) Section 2110(e)(2) of the Organic Foods Production Act of

1990 (7 U.S.C. 6509(e)(2)) is amended—

(1) by striking ‘‘A dairy’’ and inserting the following:

‘‘(A) IN GENERAL.—Except as provided in subparagraph

(B), a dairy’’; and

(2) by adding at the end the following:

‘‘(B) TRANSITION GUIDELINE.—Crops and forage from

land included in the organic system plan of a dairy farm

that is in the third year of organic management may be

consumed by the dairy animals of the farm during the

12-month period immediately prior to the sale of organic

milk and milk products.’’.

119 STAT. 2166 PUBLIC LAW 109–97—NOV. 10, 2005

SEC. 798. AMENABLE SPECIES.—The Federal Meat Inspection

Act (21 U.S.C. 601 et seq.) is amended—

(1) by striking ‘‘cattle, sheep, swine, goats, horses, mules,

and other equines’’ each place it appears and inserting ‘‘amenable species’’;

(2) in section 1, by adding at the end the following new

subsection:

‘‘(w) The term ‘amenable species’ means—

‘‘(1) those species subject to the provisions of this Act

on the day before the date of the enactment of the Agriculture,

Rural Development, Food and Drug Administration, and

Related Agencies Appropriations Act, 2006; and

‘‘(2) any additional species of livestock that the Secretary

considers appropriate.’’; and

(3) in section 19—

(A) by striking ‘‘horses, mules, or other equines’’ and

inserting ‘‘species designated by regulations in effect on

the day before the date of the enactment of the Agriculture,

Rural Development, Food and Drug Administration, and

Related Agencies Appropriations Act, 2006’’; and

(B) by striking ‘‘cattle, sheep, swine, or goats’’ and

inserting ‘‘other amenable species’’.

(b) EFFECTIVE DATE.—The amendments made by subsection

(a) shall take effect on the day after the effective date of section

794 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006.

SEC. 799. Public Law 109–54, the Department of the Interior,

Environment, and Related Agencies Appropriations Act, 2006, is

amended as follows:

(1) Under the heading ‘‘National Park Service, Construction’’—

(A) by striking ‘‘of which’’ after ‘‘$301,291,000, to

remain available until expended,’’ and inserting ‘‘and’’;

(B) in the sixth proviso, by striking ‘‘hereinafter’’ and

inserting ‘‘hereafter’’ and, after ‘‘Annex’’, inserting the following: ‘‘and the Blue Ridge Parkway Regional Destination

Visitor Center’’; and

(C) in the seventh proviso, by striking ‘‘solicitation

and contract’’ and inserting ‘‘solicitations and contracts’’.

(2) Under the heading ‘‘National Park Service, Land

Acquisition and State Assistance’’ by striking ‘‘$74,824,000’’

and inserting ‘‘$64,909,000’’.

(3) Under the heading ‘‘Departmental Management, Salaries and Expenses’’ by striking ‘‘$127,183,000’’ and inserting

‘‘$117,183,000’’.

(4) In title II, under the heading ‘‘Environmental Protection

Agency, State and Tribal Assistance Grants’’—

(A) before the period at the end of the first paragraph,

insert ‘‘: Provided further, That of the funds made available

under this heading in division I of Public Law 108–447,

$300,000 is for the Haleyville, Alabama, North Industrial

Area Water Storage Tank project: Provided further, That

the referenced statement of the managers under the

heading ‘‘Environmental Protection Agency, State and

Tribal Assistance Grants’’ in Public Law 107–73, in reference to item 184, is deemed to be amended by striking

‘‘$2,000,000’’ and inserting ‘‘$29,945’’ and by inserting after

Ante, p. 528.

Ante, p. 518.

Ante, p. 509.

Ante, p. 508.

21 USC 601 note.

21 USC 619.

21 USC 603–605,

608, 609, 615,

617, 618, 620,

621.

21 USC 601.

PUBLIC LAW 109–97—NOV. 10, 2005 119 STAT. 2167

LEGISLATIVE HISTORY—H.R. 2744:

HOUSE REPORTS: Nos. 109–102 (Comm. on Appropriations) and 109–255

(Comm. of Conference).

SENATE REPORTS: No. 109–92 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 151 (2005):

June 8, considered and passed House.

Sept. 15, 19–22, considered and passed Senate, amended.

Oct. 28, House agreed to conference report.

Nov. 2, 3, Senate considered and agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):

Nov. 10, Presidential statement.

Æ

‘‘improvements’’ the following: ‘‘, $500,000 to the City of

Sheridan for water system improvements, $500,000 to

Meagher County/Martinsdale Water and Sewer District for

Martinsdale Water System Improvements, and $970,055

to the City of Bozeman for Hyalite Waterline and Intake’’;

and

(B) in the second paragraph strike ‘‘original’’.

(5) Under the heading ‘‘Forest Service, Land Acquisition’’

by striking ‘‘land that are encumbered’’ and all that follows

through ‘‘under this section,’’ and inserting the following: ‘‘lands

that are encumbered by unpatented claims acquired under

this section, or with previously appropriated funds,’’.

(6) At the end of title IV—General Provisions, insert the

following:

‘‘SEC. 440. REDESIGNATION OF WILDERNESS.

‘‘(a) REDESIGNATION.—Section 140(c)(4) of division E of Public

Law 108–447 is amended by striking ‘National’.

‘‘(b) REFERENCES.—Any reference in a law, map, regulation,

document, paper, or other record of the United States to the ‘Gaylord

A. Nelson National Wilderness’ shall be deemed to be a reference

to the ‘Gaylord A. Nelson Wilderness’.’’.

This Act may be cited as the ‘‘Agriculture, Rural Development,

Food and Drug Administration, and Related Agencies Appropriations Act, 2006’’.

Approved November 10, 2005.

16 USC 1132

note.

Ante, p. 559.

Ante, p. 535.

Ante, p. 530.