I
105TH CONGRESS
1ST SESSION
H. R. 1871
Making emergency supplemental appropriations for recovery from natural
disasters, and for overseas peacekeeping efforts, including those in
Bosnia, for the fiscal year ending September 30, 1997, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 12, 1997
Mr. LIVINGSTON introduced the following bill; which was referred to the Com-
mittee on Appropriations, and in addition to the Committee on the Budg-
et, for a period to be subsequently determined by the Speaker, in each
case for consideration of such provisions as fall within the jurisdiction of
the committee concerned
JUNE 12, 1997
The Committees on Appropriations and the Budget discharged; considered and
passed
A BILL
Making emergency supplemental appropriations for recovery
from natural disasters, and for overseas peacekeeping
efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives 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 re-
covery from natural disasters, and for overseas peacekeep-
ing efforts, including those in Bosnia, for the fiscal year
ending September 30, 1997, and for other purposes,
namely:
TITLE I—EMERGENCY SUPPLEMENTAL APPRO-
PRIATIONS FOR THE DEPARTMENT OF DE-
FENSE
CHAPTER 1
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel,
Army’’, $306,800,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
Navy’’, $7,900,000: Provided, That such amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel,
Marine Corps’’, $300,000: Provided, That such amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel,
Air Force’’, $29,100,000: Provided, That such amount is
designated by Congress as an emergency requirement pur-
suant to section 251(b)(2)(D)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE
OVERSEAS CONTINGENCY OPERATIONS TRANSFER FUND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Overseas Contingency
Operations Transfer Fund’’, $1,430,100,000: Provided,
That the Secretary of Defense may transfer these funds
only to Department of Defense operation and maintenance
accounts: Provided further, That the funds transferred
shall be merged with and shall be available for the same
purposes and for the same time period, as the appropria-
tion to which transferred: Provided further, That the
transfer authority provided in this paragraph is in addi-
tion to any other transfer authority available to the De-
partment of Defense: Provided further, That such amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
OPLAN 34A/35 P.O.W. PAYMENTS
For payments to individuals under section 657 of
Public Law 104–201, $20,000,000, to remain available
until expended.
REVOLVING AND MANAGEMENT FUNDS
RESERVE MOBILIZATION INCOME INSURANCE FUND
For an additional amount for the ‘‘Reserve Mobiliza-
tion Income Insurance Fund’’, $72,000,000, to remain
available until expended: Provided, That the entire amount
is designated by Congress as an emergency requirement
pursuant to section 251(b)(2)(D)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended.
GENERAL PROVISIONS, CHAPTER 1
(TRANSFER OF FUNDS)
SEC. 101. The Secretary of the Navy shall transfer
up to $23,000,000 to ‘‘Operation and Maintenance, Ma-
rine Corps’’ from the following accounts in the specified
amounts, to be available only for reimbursing costs in-
curred for repairing damage caused by hurricanes, flood-
ing, and other natural disasters during 1996 and 1997
to real property and facilities at Marine Corps facilities
(including Camp Lejeune, North Carolina; Cherry Point,
North Carolina; and the Mountain Warfare Training Cen-
ter, Bridgeport, California);
‘‘Military 
Personnel, 
Marine 
Corps’’,
$4,000,000;
‘‘Operation and Maintenance, Marine Corps’’,
$11,000,000;
‘‘Procurement of Ammunition, Navy and Ma-
rine Corps, 1996/1998’’, $4,000,000; and
‘‘Procurement, Marine Corps, 1996/1998’’,
$4,000,000.
SEC. 102. In addition to the amounts appropriated
in title VI of the Department of Defense Appropriations
Act, 1997 (as contained in section 101(b) of Public Law
104–208), under the heading ‘‘Defense Health Program’’,
$21,000,000 is hereby appropriated and made available
only for the provision of direct patient care at military
treatment facilities.
SEC. 103. In addition to the amounts appropriated
in title II of the Department of Defense Appropriations
Act, 1997 (as contained in section 101(b) of Public Law
104–208), under the heading ‘‘Operation and Mainte-
nance, Defense-Wide’’, $10,000,000 is hereby appro-
priated and made available only for force protection and
counter-terrorism initiatives.
SEC. 104. In addition to the amounts provided in
Public Law 104–208, $25,800,000 is appropriated under
the heading ‘‘Overseas Humanitarian, Disaster and Civic
Aid’’: Provided, That from the funds available under that
heading, the Secretary of Defense shall make a grant in
the amount of $25,800,000 to the American Red Cross
for Armed Forces emergency services.
SEC. 105. REPORT ON COST AND SOURCE OF FUNDS
FOR MILITARY ACTIVITIES RELATING TO BOSNIA.—(a)
Not later than 60 days after enactment of this Act, the
President shall submit to Congress the report described
in subsection (b).
(b) REPORT ELEMENTS.—The report referred to in
subsection (a) shall include the following:
(1) A detailed description of the estimated cu-
mulative cost of all United States activities relating
to Bosnia after December 1, 1995, including—
(A) the cost of all deployments, training
activities, and mobilization and other pre-
paratory activities of the Armed Forces; and
(B) the cost of all other activities relating
to United States policy toward Bosnia, includ-
ing humanitarian assistance, reconstruction as-
sistance, aid and other financial assistance, the
rescheduling or forgiveness of bilateral or multi-
lateral aid, in-kind contributions, and any other
activities of the United States Government.
(2) A detailed accounting of the source of funds
obligated or expended to meet the costs described in
paragraph (1), including—
(A) in the case of expenditures of funds of
Department of Defense, a breakdown of such
expenditures by military service or defense
agency, line item, and program; and
(B) in the case of expenditures of funds of
other departments and agencies of the United
States, a breakdown of such expenditures by
department or agency and by program.
SEC. 106. For an additional amount for ‘‘Family
Housing, Navy and Marine Corps’’ to cover the incremen-
tal Operation and Maintenance costs arising from hurri-
cane damage to family housing units at Marine Corps
Base Camp Lejeune, North Carolina and Marine Corps
Air Station Cherry Point, North Carolina, $6,480,000, as
authorized by 10 U.S.C. 2854.
CHAPTER 2
RESCISSIONS
DEPARTMENT OF DEFENSE—MILITARY
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $57,000,000 are rescinded.
MILITARY PERSONNEL, NAVY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $18,000,000 are rescinded.
MILITARY PERSONNEL, MARINE CORPS
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $5,000,000 are rescinded.
MILITARY PERSONNEL, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $23,000,000 are rescinded.
OPERATION AND MAINTENANCE
OPERATION AND MAINTENANCE, ARMY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $196,000,000 are rescinded.
OPERATION AND MAINTENANCE, NAVY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $51,000,000 are rescinded.
OPERATION AND MAINTENANCE, MARINE CORPS
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $3,000,000 are rescinded.
OPERATION AND MAINTENANCE, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $117,000,000 are rescinded.
OPERATION AND MAINTENANCE, DEFENSE-WIDE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $25,000,000 are rescinded.
ENVIRONMENTAL RESTORATION, ARMY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, NAVY
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $250,000 are rescinded.
ENVIRONMENTAL RESTORATION, FORMERLY USED
DEFENSE SITES
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $250,000 are rescinded.
FORMER SOVIET UNION THREAT REDUCTION
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $2,000,000 are rescinded.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $1,085,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $5,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $13,000,000 are rescinded.
MISSILE PROCUREMENT, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $2,707,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $24,000,000 are rescinded.
PROCUREMENT OF WEAPONS AND TRACKED COMBAT
VEHICLES, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $2,296,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $15,400,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $5,000,000 are rescinded.
PROCUREMENT OF AMMUNITION, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $3,236,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $18,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $11,000,000 are rescinded.
OTHER PROCUREMENT, ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $2,502,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $21,000,000 are rescinded.
AIRCRAFT PROCUREMENT, NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $34,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $52,000,000 are rescinded.
WEAPONS PROCUREMENT, NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $16,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $6,000,000 are rescinded.
PROCUREMENT OF AMMUNITION, NAVY AND MARINE
CORPS
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $812,000 are rescinded.
SHIPBUILDING AND CONVERSION, NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 102–396, $10,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 103–139, $18,700,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $33,000,000 are rescinded.
OTHER PROCUREMENT, NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $4,237,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $3,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $8,000,000 are rescinded.
PROCUREMENT, MARINE CORPS
(RESCISSION)
Of the funds made available under this heading in
Public Law 103–335, $1,207,000 are rescinded.
AIRCRAFT PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $49,376,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $40,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $41,000,000 are rescinded.
MISSILE PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $16,020,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $163,000,000 are rescinded.
PROCUREMENT OF AMMUNITION, AIR FORCE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $7,700,000 are rescinded.
OTHER PROCUREMENT, AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $3,659,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $10,000,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $20,000,000 are rescinded.
PROCUREMENT, DEFENSE-WIDE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $8,860,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $16,113,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $5,000,000 are rescinded.
NATIONAL GUARD AND RESERVE EQUIPMENT
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $5,029,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $8,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND
EVALUATION
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
ARMY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $4,366,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $18,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
NAVY
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $16,878,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $9,600,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
AIR FORCE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $24,245,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $172,000,000 are rescinded.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION,
DEFENSE-WIDE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 104–61, $95,714,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $87,000,000 are rescinded.
DEVELOPMENTAL TEST AND EVALUATION, DEFENSE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $6,692,000 are rescinded.
OPERATIONAL TEST AND EVALUATION, DEFENSE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–61, $160,000 are rescinded.
REVOLVING AND MANAGEMENT FUNDS
NATIONAL DEFENSE SEALIFT FUND
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $25,200,000 are rescinded.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $21,000,000 are rescinded.
CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE
(RESCISSIONS)
Of the funds made available under this heading in
Public Law 103–335, $456,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–61, $20,652,000 are rescinded.
Of the funds made available under this heading in
Public Law 104–208, $27,000,000 are rescinded.
DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE
(RESCISSION)
Of the funds made available under this heading in
Public Law 104–208, $2,000,000 are rescinded.
GENERAL PROVISIONS, CHAPTER 2
(RESCISSIONS)
SEC. 201. Of the funds appropriated in the Military
Construction Appropriations Act, 1996 (Public Law 104–
32), amounts are hereby rescinded from the following ac-
counts in the specified amounts:
‘‘Military Construction, Air National Guard’’,
$5,000,000;
‘‘Military 
Construction, 
Defense-wide’’,
$41,000,000;
‘‘Base Realignment and Closure Account, Part
II’’, $35,391,000;
‘‘Base Realignment and Closure Account, Part
III’’, $75,638,000; and
‘‘Base Realignment and Closure Account, Part
IV’’, $22,971,000:
Provided, That of the funds appropriated in the Military
Construction Appropriations Act, 1997 (Public Law 104–
196), amounts are hereby rescinded from the following ac-
counts in the specified amounts:
‘‘Military Construction, Army’’, $1,000,000;
‘‘Military Construction, Navy’’, $2,000,000;
‘‘Military 
Construction, 
Air 
Force’’,
$3,000,000; and
‘‘Military 
Construction, 
Defense-wide’’,
$3,000,000.
(RESCISSION)
SEC. 202. Of the funds appropriated for ‘‘Military
Construction, Navy’’ under Public Law 103–307,
$6,480,000 is hereby rescinded.
CHAPTER 3
GENERAL PROVISIONS—THIS TITLE
SEC. 301. The Department of Defense is directed to
report to the congressional defense committees 30 days
prior to transferring management, development, and ac-
quisition authority over the elements of the National Mis-
sile Defense Program from the Military Services: Pro-
vided, That the Joint Requirements Oversight Council is
directed to conduct an analysis and submit recommenda-
tions as to the recommended future roles of the Military
Services with respect to development and deployment of
the elements of the National Missile Defense Program:
Provided further, That the analysis and recommendations
shall be submitted to the congressional defense committees
within 60 days of enactment of this Act: Provided further,
That for 60 days following enactment of this Act, the De-
partment of Defense shall take no actions to delay or defer
planned activities under the National Missile Defense Pro-
gram based solely on the conduct of the Joint Require-
ments Oversight Council analysis.
SEC. 302. Notwithstanding section 3612(a) of title
22, United States Code, the incumbent may continue to
serve as the Secretary of Defense designee on the Board
of the Panama Canal Commission if he retires as an offi-
cer of the Department of Defense, until and unless the
Secretary of Defense designates another person to serve
in this position.
SEC. 303. AUTHORITY OF SECRETARY OF DEFENSE
TO ENTER INTO LEASE OF BUILDING NO. 1, LEXINGTON
BLUE GRASS STATION, LEXINGTON, KENTUCKY.—
(a) AUTHORITY TO ENTER INTO LEASE.—The
Secretary of Defense may enter into an agreement
for the lease of Building No. 1, Lexington Blue
Grass Station, Lexington, Kentucky, and any real
property associated with the building, for purposes
of the use of the building by the Defense Finance
and Accounting Service. The agreement shall meet
the requirements of this section.
(b) TERM.—(1) The agreement under this sec-
tion shall provide for a lease term of not to exceed
50 years, but may provide for one or more options
to renew or extend the term of the lease.
(2) The agreement shall include a provision
specifying that, if the Secretary ceases to require the
leased building for purpose of the use of the building
by the Defense Finance and Accounting Service be-
fore the expiration of the term of the lease (includ-
ing any extension or renewal of the term under an
option provided for in paragraph (1)), the remainder
of the lease term may, upon the approval of the les-
sor of the building, be satisfied by the Secretary or
another department or agency of the Federal Gov-
ernment (including a military department) for an-
other purpose similar to such purpose.
(c) CONSIDERATION.—(1) The agreement under
this section may not require rental payments by the
United States under the lease under the agreement.
(2) The Secretary or other lessee, if any, under
subsection (b)(2) shall be responsible under the
agreement for payment of any utilities associated
with the lease of the building covered by the agree-
ment and for maintenance and repair of the build-
ing.
(d) IMPROVEMENT.—The agreement under this
section may provide for the improvement of the
building covered by the agreement by the Secretary
or other lessee, if any, under subsection (b)(2).
(e) LIMITATION ON CERTAIN ACTIVITIES.—The
Secretary may not obligate or expend funds for the
costs of any utilities, maintenance and repair, or im-
provements under this lease under this section in
any fiscal year unless funds are appropriated or oth-
erwise made available for the Department of De-
fense for such payment in such fiscal year.
SEC. 304. Notwithstanding 31 U.S.C. 1502(a), 31
U.S.C. 1552(a), and 31 U.S.C. 1553(a), funds appro-
priated in Public Law 101–511, Public Law 102–396, and
Public Law 103–139, under the heading ‘‘Weapons Pro-
curement, Navy’’, that were obligated and expended to set-
tle claims on the MK–50 torpedo program may continue
to be obligated and expended to settle those claims.
SEC. 305. None of the funds available to the Depart-
ment of Defense in this or any other Act shall be available
to pay the cost of operating a National Missile Defense
Joint Program Office which includes more than 55 mili-
tary and civilian personnel located in the National Capital
Region.
SEC. 306. Funds obligated by the National Aero-
nautics and Space Administration (NASA) in the amount
of $61,300,000 during fiscal year 1996, pursuant to the
‘‘Memorandum of Agreement between the National Aero-
nautics and Space Administration and the United States
Air Force on Titan IV/Centaur Launch Support for the
Cassini Mission,’’ signed September 8, 1994, and Septem-
ber 23, 1994, and Attachments A, B, and C to that Memo-
randum, shall be merged with Air Force appropriations
available for research, development, test and evaluation
and procurement for fiscal year 1996, and shall be avail-
able for the same time period as the appropriation with
which merged, and shall be available for obligation only
for those Titan IV vehicles and Titan IV-related activities
under contract.
SEC. 307. For the purposes of implementing the
1997 Defense Experimental Program to Stimulate Com-
petitive Research (DEPSCoR), the term ‘‘State’’ means
a State of the United States, the District of Columbia,
Puerto Rico, Guam and the Virgin Islands of the United
States, American Samoa and the Commonwealth of the
Northern Mariana Islands.
TITLE II—EMERGENCY SUPPLEMENTAL AP-
PROPRIATIONS FOR RECOVERY FROM NAT-
URAL DISASTERS
CHAPTER 1
DEPARTMENT OF AGRICULTURE
FARM SERVICE AGENCY
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM
ACCOUNT
For an additional amount for the ‘‘Agricultural Cred-
it Insurance Fund Program Account’’ for the additional
cost of direct and guaranteed loans authorized by 7 U.S.C.
1928–1929, including the cost of modifying such loans as
defined in section 502 of the Congressional Budget Act
of 1974, resulting from flooding and other natural disas-
ters, $23,000,000, to remain available until expended, of
which $18,000,000 shall be available for emergency in-
sured loans and $5,000,000 shall be available for sub-
sidized guaranteed operating loans: Provided, That the en-
tire amount shall be available only to the extent that an
official budget request for $23,000,000 that includes des-
ignation of the entire amount of the request as an emer-
gency requirement as defined in the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended, is
transmitted by the President to the Congress: Provided
further, That such amount is designated by Congress as
an 
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of such Act.
For an additional amount for the ‘‘Agricultural Cred-
it Insurance Fund Program Account’’ for the additional
cost of direct operating loans authorized by 7 U.S.C.
1928–1929, including the cost of modifying such loans as
defined in section 502 of the Congressional Budget Act
of 1974, $6,300,000, to remain available until expended.
EMERGENCY CONSERVATION PROGRAM
For an additional amount for ‘‘Emergency Conserva-
tion Program’’ for expenses, including carcass removal, re-
sulting from flooding and other natural disasters,
$70,000,000, to remain available until expended: Pro-
vided, That the entire amount shall be available only to
the extent that an official budget request for $70,000,000,
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended, is transmitted by the President to the Con-
gress: Provided further, That such amount is designated
by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of such Act.
TREE ASSISTANCE PROGRAM
An amount of $9,000,000 is provided for assistance
to small orchardists to replace or rehabilitate trees and
vineyards damaged by natural disasters: Provided, That
the entire amount shall be available only to the extent that
an official budget request of $9,000,000, that includes
designation of the entire amount of the request as an
emergency requirement as defined in the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended,
is transmitted by the President to the Congress: Provided
further, That such amount is designated by Congress as
an 
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of such Act.
COMMODITY CREDIT CORPORATION FUND
DISASTER RESERVE ASSISTANCE PROGRAM
Effective only for losses in the fiscal year beginning
October 1, 1996, through the date of enactment of this
Act, the Secretary may use up to $50,000,000 from pro-
ceeds earned from the sale of grain in the disaster reserve
established in the Agricultural Act of 1970 to implement
a livestock indemnity program for losses from natural dis-
asters pursuant to a Presidential or Secretarial declara-
tion requested prior to the date of enactment of this Act
in a manner similar to catastrophic loss coverage available
for other commodities under 7 U.S.C. 1508(b): Provided,
That in administering a program described in the preced-
ing sentence, the Secretary shall, to the extent practicable,
utilize gross income and payment limitations conditions
established for the Disaster Reserve Assistance Program
for the 1996 crop year: Provided further, That notwith-
standing any other provision of law, beginning on October
1, 1997, grain in the disaster reserve established in the
Agricultural Act of 1970 shall not exceed 20 million bush-
els: Provided further, That the entire amount shall be
available only to the extent an official budget request, that
includes designation of the entire amount of the request
as an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985, as
amended, is transmitted by the President to the Congress:
Provided further, That the entire amount is designated by
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of such Act.
NATURAL RESOURCES CONSERVATION SERVICE
WATERSHED AND FLOOD PREVENTION OPERATIONS
For an additional amount for ‘‘Watershed and Flood
Prevention Operations’’ to repair damages to the water-
ways and watersheds, including debris removal that would
not be authorized under the Emergency Watershed Pro-
gram, resulting from flooding and other natural disasters,
including those in prior years, $166,000,000, to remain
available until expended: Provided, That the entire amount
shall be available only to the extent an official budget re-
quest for $166,000,000, that includes designation of the
entire amount of the request as an emergency requirement
as defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to the Congress: Provided further, That the en-
tire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of such
Act: Provided further, That if the Secretary determines
that the cost of land and farm structures restoration ex-
ceeds the fair market value of an affected agricultural
land, the Secretary may use sufficient amounts, not to ex-
ceed $15,000,000, from funds provided under this heading
to accept bids from willing sellers to provide floodplain
easements for such agricultural land inundated by floods:
Provided further, That none of the funds provided under
this heading shall be used for the salmon memorandum
of understanding.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
RURAL HOUSING ASSISTANCE PROGRAM
Any unobligated balances remaining in the ‘‘Rural
Housing Insurance Fund Program Account’’ from prior
years’ disaster supplementals shall be available until ex-
pended for Section 502 housing loans, Section 504 loans
and grants, Section 515 loans, and domestic farm labor
grants to meet emergency needs resulting from natural
disasters: Provided, That such unobligated balances shall
be available only to the extent an official budget request
that includes designation of the entire amount of the re-
quest as an emergency requirement as defined in the Bal-
anced Budget and Emergency Deficit Control Act of 1985
is transmitted by the President to the Congress: Provided
further, That such unobligated balances are designated by
Congress as an emergency requirement pursuant to sec-
tion 251(b)(2)(D)(i) of such Act: Provided further, That
notwithstanding section 520 of the Housing Act of 1949,
as amended, (42 U.S.C. 1490) the College Station area
of Pulaski County, Arkansas shall be eligible for loans and
grants available through the Rural Housing Service: Pro-
vided further, That funds made available in Public Law
104–180 for Community Facility Grants for the Rural
Housing Assistance Program may be provided to any com-
munity otherwise eligible for a Community Facility Loan
for expenses directly or indirectly resulting from flooding
and other natural disasters.
RURAL UTILITIES SERVICE
RURAL UTILITIES ASSISTANCE PROGRAM
For an additional amount for ‘‘Rural Utilities Assist-
ance Program’’, for the cost of direct loans, loan guaran-
tees, and grants, including the cost of modifying loans as
defined in section 502 of the Congressional Budget Act
of 1974, for emergency expenses resulting from flooding
and other natural disasters, $4,000,000, to remain avail-
able until September 30, 1998: Provided, That the entire
amount shall be available only to the extent that an official
budget request for $4,000,000, that includes designation
of the entire amount of the request as an emergency re-
quirement as defined in the Balanced Budget and Emer-
gency Deficit Control Act of 1985, as amended, is trans-
mitted by the President to the Congress: Provided further,
That the entire amount is designated by Congress as an
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
FOOD AND CONSUMER SERVICE
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR
WOMEN, INFANTS, AND CHILDREN (WIC)
For an additional amount for the ‘‘Special Supple-
mental Nutrition Program for Women, Infants, and Chil-
dren (WIC)’’ as authorized by section 17 of the Child Nu-
trition Act of 1966, as amended (42 U.S.C. et seq.),
$76,000,000, to remain available through September 30,
1998: Provided, That the Secretary shall allocate such
funds through the existing formula or, notwithstanding
sections 17(g), (h), or (i) of such Act and the regulations
promulgated thereunder, such other means as the Sec-
retary deems necessary.
GENERAL PROVISION, CHAPTER 1
SEC. 1001. COLLECTION AND DISSEMINATION OF INFORMA-
TION 
ON 
PRICES 
RECEIVED 
FOR 
BULK
CHEESE.
(a) IN GENERAL.—Not later than 30 days after the
date of enactment of this Act, the Secretary of Agriculture
shall collect and disseminate, on a weekly basis, statis-
tically reliable information, obtained from cheese manufac-
turing areas in the United States on prices received and
terms of trade involving bulk cheese, including information
on the national average price for bulk cheese sold through
spot and forward contract transactions. To the maximum
extent practicable, the Secretary shall report the prices
and terms of trade for spot and forward contract trans-
actions separately.
(b) CONFIDENTIALITY.—All information provided to,
or acquired by, the Secretary under subsection (a) shall
be kept confidential by each officer and employee of the
Department of Agriculture except that general weekly
statements may be issued that are based on the informa-
tion and that do not identify the information provided by
any person.
(c) REPORT.—Not later than 150 days after the date
of enactment of this Act, the Secretary shall report to the
Committee on Agriculture, and the Committee on Appro-
priations, of the House of Representatives and the Com-
mittee on Agriculture, Nutrition, and Forestry, and the
Committee on Appropriations, of the Senate, on the rate
of reporting compliance by cheese manufacturers with re-
spect to the information collected under subsection (a). At
the time of the report, the Secretary may submit legisla-
tive recommendations to improve the rate of reporting
compliance.
(d) TERMINATION
OF EFFECTIVENESS.—The au-
thority provided by subsection (a) terminates effective
April 5, 1999.
CHAPTER 2
DEPARTMENT OF COMMERCE
ECONOMIC DEVELOPMENT ADMINISTRATION
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For an additional amount for ‘‘Economic Develop-
ment Assistance Programs’’ for emergency infrastructure
expenses and the capitalization of revolving loan funds re-
lated to recent flooding and other natural disasters,
$52,200,000, to remain available until expended, of which
not to exceed $2,000,000 may be available for administra-
tive expenses and may be transferred to and merged with
the appropriations for ‘‘Salaries and Expenses’’: Provided,
That the entire amount is designated by Congress as an
emergency 
requirement 
pursuant 
to 
section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
INDUSTRIAL TECHNOLOGY SERVICES
Of the amount provided under this heading in Public
Law 104–208 for the Advanced Technology Program, not
to exceed $35,000,000 shall be available for the award of
new grants.
NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
Within amounts available for ‘‘Operations, Research,
and Facilities’’ for Satellite Observing Systems, not to ex-
ceed $7,000,000 is available until expended to provide dis-
aster assistance related to recent flooding and red tide
pursuant to section 312(a) of the Magnuson-Stevens Fish-
ery Conservation and Management Act, and not to exceed
$2,000,000 is available until expended to implement the
Magnuson-Stevens Fishery Conservation and Manage-
ment Act: Provided, That the entire amount shall be avail-
able only to the extent that an official budget request for
$9,000,000, that includes designation of the entire
amount of the request as an emergency requirement as
defined in the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended, is transmitted by the
President to Congress: Provided further, That the entire
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of such
Act.
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from flooding and other nat-
ural disasters, $10,800,000, to remain available until ex-
pended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
RELATED AGENCY
COMMISSION ON THE ADVANCEMENT OF FEDERAL LAW
ENFORCEMENT
For an additional amount for the operations of the
Commission on the Advancement of Federal Law Enforce-
ment, $2,000,000, to remain available until expended.
GENERAL PROVISIONS, CHAPTER 2
SEC. 2001. Of the funds currently contained within
the ‘‘Counterterrorism Fund’’ of the Department of Jus-
tice, $3,000,000 is provided for allocation by the Attorney
General to the appropriate unit or units of government
in Ogden, Utah, for necessary expenses, including en-
hancements and upgrade of security and communications
infrastructure, to counter any potential terrorism threat
related to the 2002 Winter Olympic games to be held in
Utah.
SEC. 2002. EXPANDING SMALL BUSINESS PARTICI-
PATION IN DREDGING.—Section 722(a) of the Small Busi-
ness Competitiveness Demonstration Program Act of 1988
(15 U.S.C. 644 note) is amended by striking ‘‘September
30, 1996’’ and inserting ‘‘September 30, 1997’’.
SEC. 2003. Section 101 of the Marine Mammal Pro-
tection Act of 1972 (16 U.S.C. 1371) is amended by add-
ing at the end thereof the following:
‘‘(d) GOOD SAMARITAN EXEMPTION.—It shall not be
a violation of this Act to take a marine mammal if—
‘‘(1) such taking is imminently necessary to
avoid serious injury, additional injury, or death to a
marine mammal entangled in fishing gear or debris;
‘‘(2) reasonable care is taken to ensure the safe
release of the marine mammal, taking into consider-
ation the equipment, expertise, and conditions at
hand;
‘‘(3) reasonable care is exercised to prevent any
further injury to the marine mammal; and
‘‘(4) such taking is reported to the Secretary
within 48 hours.’’.
SEC. 2004. Notwithstanding any other provision of
law, the Secretary of Commerce shall have the authority
to reprogram or transfer up to $41,000,000 of the
amounts provided under ‘‘National Oceanic and Atmos-
pheric Administration, Operations, Research, and Facili-
ties’’ for Satellite Observing Systems in Public Law 104–
208 for other programmatic and operational requirements
of the National Oceanic and Atmospheric Administration
and the Department of Commerce subject to notification
of the Committees on Appropriations of the House of Rep-
resentatives and the Senate in accordance with section 605
of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriations Act, 1997
and which shall not be available for obligation or expendi-
ture except in compliance with the procedure set forth in
that section.
CHAPTER 3
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES,
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE
For an additional amount for ‘‘Flood Control, Mis-
sissippi River and Tributaries, Arkansas, Illinois, Ken-
tucky, Louisiana, Mississippi, Missouri, and Tennessee’’
for emergency expenses due to flooding and other natural
disasters, $20,000,000, to remain available until ex-
pended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
OPERATION AND MAINTENANCE, GENERAL
For an additional amount for ‘‘Operation and Main-
tenance, General’’ for emergency expenses due to flooding
and other natural disasters, $150,000,000, to remain
available until expended: Provided, That of the total
amount appropriated, the amount for eligible navigation
projects which may be derived from the Harbor Mainte-
nance Trust Fund pursuant to Public Law 99–662, shall
be derived from that fund: Provided further, That of the
total amount appropriated, $5,000,000 shall be available
solely for the Secretary of the Army, acting through the
Chief of Engineers, to pay the costs of the Corps of Engi-
neers and other Federal agencies associated with the de-
velopment of necessary studies, an interagency manage-
ment plan, environmental documentation, continued mon-
itoring, and other activities related to allocations of water
in the Alabama-Coosa-Tallapoosa and Apalachicola-
Chattahoochee-Flint River Basins: Provided further, That
no portion of such $5,000,000 may be used by the Corps
of Engineers to revise its master operational manuals or
water control plans for operation of the reservoirs for the
two river basins until (1) the interstate compacts for the
two river basins are ratified by the Congress by law; and
(2) the water allocation formulas for the two river basins
have been agreed to by the States of Alabama, Georgia,
and Florida and the Federal representative to the com-
pacts: Provided further, That the preceding proviso shall
not apply to the use of such funds for any environmental
reviews necessary for the Federal representative to ap-
prove the water allocation formulas for the two river ba-
sins: Provided further, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and
Coastal Emergencies’’ due to flooding and other natural
disasters, $415,000,000, to remain available until ex-
pended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That with $5,000,000 of the funds appro-
priated herein, the Secretary of the Army is directed to
initiate and complete preconstruction engineering and de-
sign and the associated Environmental Impact Statement
for an emergency outlet from Devils Lake, North Dakota,
to the Sheyenne River: Provided further, That of the funds
appropriated under this paragraph, $5,000,000 shall be
used for the project consisting of channel restoration and
improvements on the James River authorized by section
401(b) of the Water Resources Development Act of 1986
(Public Law 99–662; 100 Stat. 4128) if the Secretary of
the Army determines that the need for such restoration
and improvements constitutes an emergency.
DEPARTMENT OF THE INTERIOR
BUREAU OF RECLAMATION
OPERATION AND MAINTENANCE
For an additional amount for ‘‘Operation and Main-
tenance’’, $7,355,000, to remain available until expended,
to repair damage caused by floods and other natural disas-
ters: Provided, That of the total appropriated, the amount
for program activities that can be financed by the Rec-
lamation Fund shall be derived from that fund: Provided
further, That the entire amount is designated by Congress
as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 3
SEC. 3001. (a) Beginning in fiscal year 1997 and
thereafter, the United States members and the alternate
members appointed under the Susquehanna River Basin
Compact (Public Law 91–575), and the Delaware River
Basin Compact (Public Law 87–328), shall be officers of
the U.S. Army Corps of Engineers, who hold Presidential
appointments as Regular Army officers with Senate con-
firmation, and who shall serve without additional com-
pensation.
(b) Section 2, Reservations, Paragraph (u) of Public
Law 91–575 (84 Stat. 1509) and section 15.1, Reserva-
tions, Paragraph (d) of Public Law 87–328 (75 Stat. 688,
691) are hereby repealed.
(c) Section 2.2 of Public Law 87–328 (75 Stat. 688,
691) is amended by striking the words ‘‘during the term
of office of the President’’ and inserting the words ‘‘at
the pleasure of the President’’.
SEC. 3002. Notwithstanding section 5 of the Rec-
lamation Safety of Dams Act of 1978, Public Law 95–
578, as amended, the Secretary of the Interior is author-
ized to obligate up to $1,200,000 for carrying out actual
construction for safety of dam purposes to modify the Wil-
low Creek Dam, Sun River Project, Montana.
SEC. 3003. (a) CONSULTATION AND CONFERENC-
ING.—As provided by regulations issued under the Endan-
gered Species Act (16 U.S.C. 1531 et seq.) for emergency
situations, formal consultation or conferencing under sec-
tion 7(a)(2) or section 7(a)(4) of the Act for any action
authorized, funded or carried out by any Federal agency
to repair a Federal or non-Federal flood control project,
facility or structure may be deferred by the Federal agen-
cy authorizing, funding or carrying out the action, if the
agency determines that the repair is needed to respond
to an emergency causing an imminent threat to human
lives and property in 1996 or 1997. Formal consultation
or conferencing shall be deferred until the imminent threat
to human lives and property has been abated. For pur-
poses of this section, the term repair shall include preven-
tive and remedial measures to restore the project, facility
or structure to remove an imminent threat to human lives
and property.
(b) REASONABLE AND PRUDENT MEASURES.—Any
reasonable and prudent measures specified under section
7 of the Endangered Species Act (16 U.S.C. 1536) to min-
imize the impact of an action taken under this section
shall be related both in nature and extent to the effect
of the action taken to repair the flood control project, fa-
cility or structure.
CHAPTER 4
FOREIGN OPERATIONS, EXPORT FINANCING,
AND RELATED PROGRAMS
ASSISTANCE TO UKRAINE
SEC. 4001. The President may waive the minimum
funding requirements contained in subsection (k) under
the heading ‘‘Assistance for the New Independent States
of the Former Soviet Union’’ contained in the Foreign Op-
erations, Export Financing, and Related Programs Appro-
priations Act, 1997, as included in Public Law 104–208,
for activities for the government of Ukraine funded in that
subsection, if he determines and so reports to the Commit-
tees on Appropriations that the government of Ukraine:
(1) has not made progress toward implementa-
tion of comprehensive economic reform;
(2) is not taking steps to ensure that United
States businesses and individuals are able to operate
according to generally accepted business principles;
or
(3) is not taking steps to cease the illegal
dumping of steel plate.
CHAPTER 5
DEPARTMENT OF THE INTERIOR
BUREAU OF LAND MANAGEMENT
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ‘‘Construction’’ to re-
pair damage caused by floods and other natural disasters,
$4,796,000, to remain available until expended, of which
$4,403,000 is to be derived by transfer from unobligated
balances of funds under the heading, ‘‘Oregon and Califor-
nia Grant Lands’’, made available as supplemental appro-
priations in Public Law 104–134: Provided, That the en-
tire amount is designated by Congress as an emergency
requirement pursuant to section 251(b)(2)(D)(i) of the
Balanced Budget and Emergency Deficit Control Act of
1985, as amended.
OREGON AND CALIFORNIA GRANT LANDS
For an additional amount for ‘‘Oregon and California
Grant Lands’’ to repair damage caused by floods and
other natural disasters, $2,694,000, to remain available
until expended and to be derived from unobligated bal-
ances of funds under the heading, ‘‘Oregon and California
Grant Lands’’, made available as supplemental appropria-
tions in Public Law 104–134: Provided, That the entire
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the Bal-
cost-effective emergency acquisition of land and water
rights necessitated by floods and other natural disasters:
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
NATIONAL PARK SERVICE
CONSTRUCTION
For an additional amount for ‘‘Construction’’ for
emergency expenses resulting from flooding and other nat-
ural disasters, $187,321,000, to remain available until ex-
pended: Provided, That the entire amount is designated
by Congress as an emergency requirement pursuant to
section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended: Pro-
vided further, That of this amount, $30,000,000 shall be
available only to the extent an official budget request for
a specific dollar amount, that includes designation of the
entire amount of the request as an emergency requirement
as defined in such Act, is transmitted by the President
to Congress, and upon certification by the Secretary of
the Interior to the President that a specific amount of
such funds is required for (1) repair or replacement of
concession use facilities at Yosemite National Park if the
Secretary determines, after consulting with the Director
of the Office of Management and Budget, that the repair
or replacement of those facilities cannot be postponed until
completion of an agreement with the Yosemite Conces-
sions Services Corporation or any responsible third party
to satisfy its repair or replacement obligations for the fa-
cilities, or (2) the Federal portion, if any, of the costs of
repair or replacement of such concession use facilities:
Provided further, That nothing herein should be construed
as impairing in any way the rights of the United States
against the Yosemite Concession Services Corporation or
any other party or as relieving the Corporation or any
other party of its obligations to the United States: Pro-
vided further, That prior to any final agreement by the
Secretary with the Corporation or any other party con-
cerning its obligation to repair or replace concession use
facilities, the Solicitor of the Department of the Interior
shall certify that the agreement fully satisfies the obliga-
tions of the Corporation or third party: Provided further,
That nothing herein, or any payments, repairs, or replace-
ments made by the Corporation or a third party in fulfill-
ment of the Corporation’s obligations to the United States
to repair and replace damaged facilities, shall create any
possessory interest for the Corporation or such third party
in such repaired or replaced facilities: Provided further,
That any payments made to the United States by the Cor-
poration or a third party for repair or replacement of con-
cession use facilities shall be deposited in the General
Fund of the Treasury or, where facilities are repaired or
replaced by the Corporation or any other third party, an
equal amount of appropriations for ‘‘Construction’’ shall
be rescinded.
For an additional amount for ‘‘Construction’’,
$10,000,000, to remain available until expended, to make
repairs, construct facilities, and provide visitor transpor-
tation and for related purposes at Yosemite National
Park.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For an additional amount for ‘‘Surveys, Investiga-
tions, and Research’’, $4,650,000, to remain available
until September 30, 1998, to repair or replace damaged
equipment and facilities caused by floods and other natu-
ral disasters: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
BUREAU OF INDIAN AFFAIRS
OPERATION OF INDIAN PROGRAMS
For an additional amount for ‘‘Operation of Indian
Programs’’, $14,317,000, to remain available until Sep-
tember 30, 1998, for emergency response activities, in-
cluding emergency school operations, heating costs, emer-
gency welfare assistance, and to repair and replace facili-
ties and resources damaged by snow, floods, and other
natural disasters: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
CONSTRUCTION
For an additional amount for ‘‘Construction’’,
$6,249,000, to remain available until expended, to repair
damages caused by floods and other natural disasters:
Provided, That the entire amount is designated by Con-
gress as an emergency requirement pursuant to section
251(b)(2)(D)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended: Provided further,
That notwithstanding any other provision of law, funds
appropriated herein and in Public Law 104–208 to the
Bureau of Indian Affairs for repair of the Wapato irriga-
tion project shall be made available on a nonreimbursable
basis.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
NATIONAL FOREST SYSTEM
For an additional amount for ‘‘National Forest Sys-
tem’’ for emergency expenses resulting from flooding and
other natural disasters, $39,677,000, to remain available
until expended: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
RECONSTRUCTION AND CONSTRUCTION
For an additional amount for ‘‘Reconstruction and
Construction’’ for emergency expenses resulting from
flooding and other natural disasters, $27,685,000, to re-
main available until expended: Provided, That the entire
amount is designated by Congress as an emergency re-
quirement pursuant to section 251(b)(2)(D)(i) of the Bal-
anced Budget and Emergency Deficit Control Act of 1985,
as amended.
DEPARTMENT OF HEALTH AND HUMAN
SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
For an additional amount for ‘‘Indian Health Serv-
ices’’ for emergency expenses resulting from flooding and
other natural disasters, $1,000,000, to remain available
until expended: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
INDIAN HEALTH FACILITIES
For an additional amount for ‘‘Indian Health Facili-
ties’’ for emergency expenses resulting from flooding and
other natural disasters, $2,000,000, to remain available
until expended: Provided, That the entire amount is des-
ignated by Congress as an emergency requirement pursu-
ant to section 251(b)(2)(D)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985, as amended.
GENERAL PROVISIONS, CHAPTER 5
SEC. 5001. Section 101(c) of Public Law 104–134
is amended as follows: Under the heading ‘‘Title III—
General Provisions’’ amend sections 315(c)(1)(A) and
315(c)(1)(B) by striking in each of those sections ‘‘104%’’
and inserting in lieu thereof ‘‘100%’’; by striking in each
of those sections ‘‘1995’’ and inserting in lieu thereof
‘‘1994’’; and by striking in each of those sections ‘‘and
thereafter annually adjusted upward by 4%,’’.
SEC. 5002. Section 101(d) of Public Law 104–208
is amended as follows: Under the heading ‘‘Administrative
Provisions, Indian Health Service’’ strike the seventh pro-
viso and insert the following in lieu thereof: ‘‘: Provided
further, That with respect to functions transferred by the
Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and
services to those entities, on a reimbursable basis, includ-
ing payment in advance with subsequent adjustment, and
the reimbursements received therefrom, along with the
funds received from those entities pursuant to the Indian
Self Determination Act, may be credited to the same or
subsequent appropriation account which provided the
funding, said amounts to remain available until ex-
pended’’.
SEC. 5003. (a) EXTENSION
AND
EFFECTIVE
DATE.—Section 3711(b)(1) of the San Carlos Apache
Tribe Water Rights Settlement Act of 1992 (106 Stat.
4752) is amended by striking ‘‘June 30, 1997’’ and insert-
ing ‘‘March 31, 1999’’.
(b) EXTENSION FOR RIVER SYSTEM GENERAL ADJU-
DICATION.—Section 3711 of such Act is amended by add-
ing at the end the following new subsection:
‘‘(c) EXTENSION FOR RIVER SYSTEM GENERAL AD-
JUDICATION.—If, at any time prior to March 31, 1999,
the Secretary notifies the Committee on Indian Affairs of
the United States Senate or the Committee on Resources
in the United States House of Representatives that the
Settlement Agreement, as executed by the Secretary, has
been submitted to the Superior Court of the State of Ari-
zona in and for Maricopa County for consideration and
approval as part of the General Adjudication of the Gila
River System and Source, the March 31, 1999, referred
to in subsection (b)(1) shall be deemed to be changed to
December 31, 1999.’’.
(c) COUNTIES.—Section 3706(b)(3) of such Act is
amended by inserting ‘‘Gila, Graham, Greenlee,’’ after
‘‘Maricopa,’’.
(d) PARTIES TO AGREEMENT.—Section 3703(2) of
such Act is amended by adding at the end the following
new sentence: ‘‘The Gila Valley Irrigation District and the
Franklin Irrigation District shall be added as parties to
the Agreement, but only so long as none of the aforemen-
tioned parties objects to adding the Gila Valley Irrigation
and/or the Franklin Irrigation District as parties to the
Agreement.’’.
(e) DEFINITIONS.—Section 3703 of such Act is
amended by adding the following new paragraphs:
‘‘(12) ‘Morenci mine complex’ means the lands owned
or leased by Phelps Dodge Corporation, now or in the fu-
ture, delineated in a map as ‘Phelps Dodge Mining, Min-
eral Processing, and Auxiliary Facilities Water Use Area’,
which map is dated March 19, 1996, and is on file with
the Secretary of the Interior.
‘‘(13) ‘Upper Eagle Creek Wellfield’ means that area
in Greenlee County which is bounded by the eastern
boundary of Graham County on the west, the southern
boundary of the Black River watershed on the north, a
line running north and south 5 miles east of the eastern
boundary of Graham County on the east, and the southern
boundary of the natural drainage of Cottonwood Canyon
on the south.’’.
(f) BLACK RIVER FACILITIES.—Section 3711 of such
Act, as amended by subsection (b) of this Act, is further
amended by adding at the end the following:
‘‘(d) BLACK RIVER FACILITIES.—
‘‘(1) IN GENERAL.—The provisions and agree-
ments set forth or referred to in paragraphs (2), (3),
and (4) below shall be enforceable against the Unit-
ed States in United States district court, and the
immunity of the United States for such purposes
and for no other purpose is hereby waived. The pro-
visions and agreements set forth or referred to in
paragraphs (2)(A), (3), and (4) below shall be en-
forceable against the Tribe in United States district
court, and the immunity of the Tribe for such pur-
poses and for no other purpose, is hereby waived.
The specific agreements made by the Tribe and set
forth in paragraph (5) shall be enforceable against
the Tribe in United States district court, and the
immunity of the Tribe is hereby waived as to such
specific agreements and for no other purpose.
‘‘(2) INTERIM PERIOD.—
‘‘(A) As of July 23, 1997, Phelps Dodge
shall vacate the reservation and no longer rely
upon permit #2000089, dated July 25, 1944.
On such date the United States, through the
Bureau of Reclamation, shall enter, operate,
and maintain the Black River pump station,
outbuildings, the pipeline, related facilities, and
certain caretaker quarters (hereinafter referred
to collectively as the ‘Black River facilities’).
‘‘(B) The United States and Phelps Dodge
shall enter into a contract for delivery of water
pursuant to subparagraph (C), below. Water for
delivery to Phelps Dodge from the Black River
shall not exceed an annual average of 40 acre
feet per day, or 14,000 acre feet per year. All
diversions from Black River to Phelps Dodge
shall be junior to the diversion and use of up
to 7,300 acre feet per year by the San Carlos
Apache Tribe, and no such diversion for Phelps
Dodge shall cause the flow of Black River to
fall below 20 cubic feet per second. The United
States shall account for the costs for operating
and maintaining the Black River facilities, and
Phelps Dodge shall reimburse the United States
for such costs. Phelps Dodge shall pay to the
United States, for delivery to the Tribe, the
sum of $20,000 per month, with an annual CPI
adjustment from July 23, 1997, for purposes of
compensating the Tribe for United States use
and occupancy of the Black River facilities.
Phelps Dodge and the Tribe shall cooperate
with the United States in effectuating an or-
derly transfer of the operations of the Black
River facilities from Phelps Dodge to the Unit-
ed States.
‘‘(C) Notwithstanding any other provision
of law, the contract referred to in subparagraph
(B) between the United States and Phelps
Dodge which provides for the diversion of water
from the Black River into the Black River fa-
cilities, and the delivery of such water to Phelps
Dodge at that location where the channel of
Eagle Creek last exits the reservation for use in
the Morenci mine complex and the towns of
Clifton and Morenci and at no other location, is
ratified and confirmed.
‘‘(D) The power line right-of-way over the
Tribe’s Reservation which currently is held by
Phelps Dodge shall remain in place. During the
interim period, Phelps Dodge shall provide
power to the United States for operation of the
pump station and related facilities without
charge, and Phelps Dodge shall pay a monthly
right-of-way fee to the Tribe of $5,000 per
month, with an annual CPI adjustment from
July 23, 1997.
‘‘(E) Any questions regarding the water
claims associated with Phelps Dodge’s use of
the Upper Eagle Creek Wellfield, its diversions
of surface water from Eagle Creek, the San
Francisco River, Chase Creek, and/or its use of
other water supplies are not addressed in this
title. No provision in this subsection shall affect
or be construed to affect any claims by the
Tribe, the United States, or Phelps Dodge to
groundwater or surface water.
‘‘(3) FINAL ARRANGEMENTS AND TERMS.—The
interim period described in paragraph (2) shall ex-
tend until all conditions set forth in paragraph
(3)(B) have been satisfied. At such time, the follow-
ing final arrangements shall apply, based on the
terms set forth below. Such terms shall bind the
Tribe, the United States, and Phelps Dodge, and
shall be enforceable pursuant to subsection (d)(1) of
this Act.
‘‘(A) The United States shall hold the
Black River facilities in trust for the Tribe,
without cost to the Tribe or the United States.
‘‘(B) Responsibility for operation of the
Black River facilities shall be transferred from
the United States to the Tribe. The United
States shall train Tribal members during the
interim period, and the responsibility to operate
the Black River facilities shall be transferred
upon satisfaction of 2 conditions—
‘‘(i) a finding by the United States
that the Tribe has completed necessary
training and is qualified to operate the
Black River facilities; and
‘‘(ii) execution of the contract de-
scribed in paragraph (3)(E), which con-
tract shall be executed on or before De-
cember 31, 1998. In the event that the
contract is not executed by December 31,
1998, the transfer described in this sub-
section shall occur on December 31, 1998
(so long as condition (i) of this subpara-
graph has been satisfied), based on appli-
cation of the contract terms described in
paragraph (3)(E), which terms shall be en-
forceable under this Act. Upon the ap-
proval of the Secretary, the Tribe may con-
tract with third parties to operate the
Black River facilities.
‘‘(C) Power lines currently operated by
Phelps Dodge on the Tribe’s Reservation, and
the right-of-way associated with such power
lines, shall be surrendered by Phelps Dodge to
the Tribe, without cost to the Tribe. Prior to
the surrender of the power lines, the Bureau of
Reclamation shall arrange for an inspection of
the power lines and associated facilities by a
qualified third party and shall obtain a certifi-
cation that such power lines and facilities are of
sound design and are in good working order.
Phelps Dodge shall pay for the cost of such in-
spection and certification. Concurrently with
the surrender of the power lines and the right-
of-way, Phelps Dodge shall construct a switch
station at the boundary of the Reservation at
which the Tribe may switch power on or off and
shall deliver ownership and control of such
switch station to the Tribe. Subsequent to the
transfer of the power lines and the right-of-way
and the delivery of ownership and control of the
switch station to the Tribe, Phelps Dodge shall
have no further obligation or liability of any na-
ture with respect to the ownership, operation,
or maintenance of the power lines, the right-of-
way, or the switch station.
‘‘(D) The Tribe and the United States will
enter into an exchange agreement with the Salt
River Project which will deliver CAP water con-
trolled by the Tribe to the Salt River Project in
return for the diversion of water from the Black
River into the Black River facilities. The ex-
change agreement shall be subject to review and
approval by Phelps Dodge, which approval shall
not be unreasonably withheld. Notwithstanding
any other provision of law, the contract referred
to in this subparagraph is ratified and con-
firmed.
‘‘(E) The Tribe, the United States, and
Phelps Dodge will execute a contract covering
the lease and delivery of CAP water from the
Tribe to Phelps Dodge on the following terms:
‘‘(i) The Tribe will lease to Phelps
Dodge 14,000 acre feet of CAP water per
year as of the date on which the interim
period referred to in paragraph (2) expires.
The lease shall be subject to the terms and
conditions identified in the Tribal CAP De-
livery 
Contract 
referenced 
in 
section
3706(b). The leased CAP water shall be
delivered to Phelps Dodge from the Black
River pursuant to the exchange referred to
in subparagraph (D) above, based on di-
versions from the Black River that shall
not exceed an annual average of 40 acre
feet per day and shall not cause the flow
of Black River to fall below 20 cubic feet
per second. Such CAP water shall be deliv-
ered to Phelps Dodge at that location
where the channel of Eagle Creek last exits
the Reservation, to be utilized in the
Morenci mine complex and the towns of
Clifton and Morenci, and at no other loca-
tion.
‘‘(ii) The leased CAP water shall be
junior to the diversion and use of up to
7,300 acre feet per year from the Black
and Salt Rivers by the San Carlos Apache
Tribe.
‘‘(iii) The lease will be for a term of
50 years or, if earlier, the date upon which
mining activities at the Morenci mine com-
plex cease, with a right to renew for an ad-
ditional 50 years upon a finding by the
Secretary that the water is needed for con-
tinued mining activities at the Morenci
mine complex. The lease shall have the fol-
lowing financial terms:
‘‘(I) The Tribe will lease CAP
water at a cost of $1,200 per acre
foot. Phelps Dodge shall pay to the
United States, on behalf of the Tribe,
the sum of $5,000,000 upon the ear-
lier of the execution of the agreement,
or upon the expiration of the interim
period referred to in paragraph (2)
hereof, which amount shall be a pre-
payment for and applicable to the
first 4,166 acre feet of CAP water to
be delivered in each year during the
term of the lease.
‘‘(II) Phelps Dodge shall pay the
United States, on behalf of the Tribe,
the sum of $65 per acre foot per year,
with an annual CPI adjustment for
the remaining 9,834 acre feet of water
to be delivered pursuant to the lease
each year. Such payments shall be
made in advance on January 1 of
each year, with a reconciliation made
at year-end, if necessary, in the event
that less than 14,000 acre feet of
CAP water is diverted from the Black
River due to shortages in the CAP
system or on the Black River.
‘‘(III) Phelps Dodge shall pay in
advance each month the Tribe’s rea-
sonable costs associated with the
Tribe’s operation, maintenance, and
replacement of the Black River facili-
ties for purposes of delivering water to
Phelps Dodge pursuant to the lease,
which costs shall be based upon the
experience of the Bureau of Reclama-
tion in operating the Black River fa-
cilities during the interim period re-
113
cation’’ (hereafter in this title referred to as the ‘‘Commis-
sion’’).
SEC. 40003. MEMBERSHIP OF COMMISSION.
(a) APPOINTMENT.—The Commission shall be com-
posed of 11 members as follows:
(1) Three individuals shall be appointed by the
Speaker of the House.
(2) Two individuals shall be appointed by the
Minority Leader of the House.
(3) Three individuals shall be appointed by the
Majority Leader of the Senate.
(4) Two individuals shall be appointed by the
Minority Leader of the Senate.
(5) One individual shall be appointed by the
Secretary of Education.
(b) ADDITIONAL QUALIFICATIONS.—Each of the in-
dividuals appointed under subsection (a) shall be an indi-
vidual with expertise and experience in higher education
finance (including the financing of State institutions of
higher education), Federal financial aid programs, edu-
cation economics research, public or private higher edu-
cation administration, or business executives who have
managed successful cost reduction programs.
(c) CHAIRPERSON AND VICE CHAIRPERSON.—The
members of the Commission shall elect a Chairperson and