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PUBLIC LAW 99-661—NOV. 14, 1986 (4) For defense nuclear materials production, $1,516,348,000, to be allocated as follows: (A) For uranium enrichment for naval reactors, $170,000,000. (B) For other uranium enrichment, $14,500,000. (C) For production reactor operations, $586,320,000. (D) For processing of defense nuclear materials, including ^ ^ naval reactors fuel, $489,000,000, of which $70,900,000 shall be used for special isotope separation. (E) For supporting services, $234,200,000. (F) For program direction, $22,328,000. (5) For defense nuclear waste and byproduct management, $431,990,000, to be allocated as follows: (A) For interim waste management, $309,945,000. (B) For long-term waste management technology, $80,605,000. (C) For terminal waste storage, $39,100,000. (D) For program direction, $2,340,000. (6) For nuclear materials safeguards and security technology .development program, $60,408,000. (7) For security investigations, $33,300,000. (8) For naval reactors development, $516,505,000.

SEC. 3112. PLANT AND CAPITAL EQUIPMENT

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,t

\ "

(a) AUTHORIZATIONS.—Funds are authorized to be appropriated to the Department of Energy for fiscal year 1987 for plant and capital equipment (including maintenance, restoration, planning, construc'; tion, acquisition, modification of facilities, and the continuation of projects authorized in prior years, land acquisition related thereto, and acquisition and fabrication of capital equipment not related to construction) necessary for national security programs as follows: .^' (1) For weapons activities: Project 87-D-lOl, general plant projects, various loca'• tions, $29,000,000. Project 87-D-104, safeguards and security enhancements, phase II, Lawrence Livermore National Laboratory, Liver' ' more, California, $2,000,000. Project 87-D-121, general plant projects, various locations, $30,000,000. Project 87-D-123, protective clothing decontamination facility. Rocky Flats Plant, Golden, Colorado, $500,000. Project 87-D-127, environmental, safety and health upgrade. Mound Plant, Miamisburg, Ohio, $2,400,000. Project 87-D-130, receiving and shipping facility, Pinellas Plant, St. Petersburg, Florida, $300,000. Project 86-D-103, decontamination and waste treatment -' facility, Lawrence Livermore National Laboratory, Livermore, California, $5,300,000, for a total project authorization of $9,000,000. ' ^ Project 86-D-104, strategic defenses facility, Sandia National Laboratories, Albuquerque, New Mexico, $13,000,000, for a total project authorization of $17,000,000. Project 86-D-105, instrumentation systems laboratory, Sandia National Laboratories, Albuquerque, New Mexico, • - $5,800,000, for a total project authorization of $12,000,000. Project 86-D-106, laboratory data communications center, Los Alamos National Laboratory, Los Alamos, New

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Mexico, $12,000,000, for a total project authorization of $15,000,000. Project 86-D-122, structural upgrade of existing plutonium facilities, Rocky Flats Plant, Golden, Colorado, $2,420,000, for a total project authorization of $5,420,000. Project 86-D-123, environmental hazards elimination, various locations, $15,000,000, for a total project authorization of $23,700,000. Project 86-D-124, safeguards and site security upgrading. Phase II, Mound Plant, Miamisburg, Ohio, $1,880,000, for a total project authorization of $4,880,000. Project 86-D-125, safeguards and site security upgrade, Phase II, Pantex Plant, Amarillo, Texas, $8,410,000, for a total project authorization of $9,910,000. Project 86-D-130, tritium loading facility replacement, Savannah River Plant, Aiken, South Carolina, $29,700,000. for a total project authorization of $34,700,000. Project 85-D-102, nuclear weapons research, development, and testing facilities revitalization, Phase I, various locations, $14,085,000, for a total project authorization of $114,885,000. Project 85-D-103, safeguards and security enhancements, Lawrence Livermore National Laboratory and Sandia National Laboratories, Livermore, California, $6,500,000, for a total project authorization of $27,600,000. Project 85-D-105, combined device assembly facility, Nevada Test Site, Las Vegas, Nevada, $7,400,000, for a total project authorization of $22,000,000. Project 85-D-106, hardened engineering test building, Lawrence Livermore National Laboratory, Livermore, California, $330,000, for a total project authorization of $3,030,000. Project 85-D-112, enriched uranium recovery improvements, Y-12 Plant, Oak Ridge, Tennessee, $19,000,000, for a total project authorization of $38,800,000. Project 85-D-113, power plant and steam distribution system, Pantex Plant, Amarillo, Texas, $1,790,000, for a total project authorization of $24,790,000. Project 85-D-115, renovate plutonium building utility systems. Rocky Flats Plant, Golden, Colorado, $13,440,000, for a total project authorization of $34,040,000. Project 85-D-121, air and water pollution control facilities, Y-12 Plant, Oak Ridge, Tennessee, $9,160,000, for a total project authorization of $28,160,000. Project 85-D-125, tactical bomb production facilities, various locations, $12,800,000, for a total project authorization of $28,800,000. Project 84-D-102, radiation-hardened integrated circuit laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $3,000,000, for a total project authorization of $40,500,000. Project 84-D-107, nuclear testing facilities revitalization, various locations, $13,300,000, for a total project authorization of $79,240,000. Project 84-D-112, Trident II warhead production facilities, various locations, $14,500,000, for a total project authorization of $155,200,000.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text: A Dynamical Theory of the Electromagnetic Field/Part V


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Project 84-D-124, environmental improvements, Y-12 Plant, Oak Ridge, Tennessee, $9,280,000, for a total authorization of $38,280,000. •'* Project 84-D-211, safeguards and site security upgrading, • ' Y-12 Plant, Oak Ridge, Tennessee, $27,220,000, for a total • project authorization of $40,220,000. Project 82-D-107, utilities and equipment restoration, replacement, and upgrade, Phase III, various locations, $97,904,000, for a total project authorization of $838,304,000. Project 82-D-144, simulation technology laboratory, Sandia National Laboratories, Albuquerque, New Mexico, $6,000,000, for a total project authorization of $40,000,000. (2) For materials production: Project 87-D-146, general plant projects, various loca"..,J\'.,, tions, $31,980,000. Project 87-D-149, reduced chemical discharges to process jjsewers, Richland, Washington, $3,150,000. ...",^ Project 87-D-i50, radioactive liquid effluent treatment facility, partial design only, Richland, Washington, ' $4,000,000. Project 87-D-152, environmental protection plantwide, ...,.' Savannah River, South Carolina, $1,500,000. .,.'i Project 87-D-159, environmental, health, and safety improvements, Phase I, Feed Materials Production Center, Fernald, Ohio, $10,000,000. Project 86-D-149, productivity retention program. Phases I and II, various locations, $42,625,000, for a total project
 * .. authorization of $66,825,000.

, •... Project 86-D-150, in-core neutron monitoring system, N .. reactor, Richland, Washington, $2,760,000, for a total project authorization of $7,220,000. ' Project 86-D-151, PUREX electrical system upgrade, Richland, Washington, $2,480,000, for a total project authorization of $4,980,000. Project 86-D-152, reactor electrical distribution system. Savannah River, South Carolina, $5,410,000, for a total project authorization of $7,410,000. • Project 86-D-153, additional line III furnace. Savannah ' ' ' ' River, South Carolina, $7,605,000, for a total project authorization of $9,105,000. ' ^ Project 86-D-154, effluent treatment facility. Savannah River, South Carolina, $15,650,000, for a total project authorization of $18,150,000. ''. Project 86-D-156, plantwide safeguards systems, Savan'^ ' nah River, South Carolina, $8,550,000, for a total project authorization of $11,550,000. ''- ' Project 85-D-139, fuel processing restoration, Idaho Fuels ,3.5p: Processing Facility, Idaho National Engineering Laboratory, Idaho, $32,430,000, for a total project authorization of $54,430,000. Project 85-D-140, productivity and radiological improveas- 0 ments. Feed Materials Production Center, Fernald, Ohio, $21,000,000, for a total project authorization of $39,000,000. Project 85-D-145, fuel production facility. Savannah River, South Carolina, $27,500,000, for a total project authorization of $53,300,000.

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'•'• Project 84-D-134, safeguards and security improvements, plantwide, Savannah River, South Carolina, $7,515,000, for a total project authorization of $34,415,000. Project 84-D-135, process facility modifications, Richland, Washington, $24,475,000, for a total project authorization of $56,975,000. Project 84-D-136, enriched uranium conversion facility modifications, Y-12 Plant, Oak Ridge, Tennessee, $1,000,000, for a total project authorization of $20,600,000. Project 82-D-124, restoration of production capabilities, ^hases II, III, IV, and V, various locations, $3,511,000, for a total project authorization of $352,045,000. '3) For defense waste and byproducts management: Project 87-D-171, general plant projects, interim waste operations and long-term waste management technology, various locations, $24,535,000. Project 87-D-172, WESF K-3 filter upgrade, Richland, Washington, $500,000. Project 87-D-173, 242-A evaporator crystallizer upgrade, Richland, Washington, $2,800,000. Project 87-D-174, 241-AQ tank farm, Richland, Washington, $2,100,000. Project 87-D-175, steam system rehabilitation, Phase I, Richland, Washington, $900,000. Project 87-D-177, test reactor area liquid radioactive waste cleanup system. Phase III, Idaho National Engineering Laboratory, Idaho, $700,000. Project 87-D-180, burial ground expansion, Savannah River, South Carolina, $2,000,000. Project 87-D-181, diversion box and pump pit containment buildings, Savannah River, South Carolina, $960,000. Project 86-D-172, B-plant F-filter, Richland, Washington, $2,949,000, for a total project authorization of $3,949,000. Project 86-D-174, low-level waste processing and shipping system. Feed Materials Production Center, Fernald, Ohio, $8,072,000, for a total authorization of $10,572,000. Project 86-D-175, Idaho National Engineering Laboratory security upgrade, Idaho National Engineering Laboratory, Idaho, $5,258,000, for a total project authorization of $7,258,000. Project 85-D-158, central warehouse upgrade, Richland, Washington, $1,044,000, for a total project authorization of $6,744,000. Project 85-D-159, new waste transfer facilities, Savannah River, South Carolina, $4,118,000, for a total project authorization of $24,118,000. Project 85-D-160, test reactor area security system upgrade, Idaho National Engineering Laboratory, Idaho, $2,703,000, for a total project authorization of $6,953,000. Project 81-T-105, defense waste processing facility, Savannah River, South Carolina, $123,967,000. for a total project authorization of $721,467,000. (4) For naval reactors development: Project 87-N-lOl, general plant projects, various locations, $4,800,000.

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PUBLIC LAW 99-661—NOV. 14, 1986 ,

Project 87-N-102, Kesselring site facilities upgrade, Knolls Atomic Power Laboratory, West Milton, New York, $5,000,000. Project 87-N-103, computation laboratory addition, .;~ Bettis Atomic Power Laboratory, West Mifflin, Pennsylvania, $2,300,000. (5) For verification and control technology: j Project 85-D-171, Space Science Laboratory, Los Alamos, New Mexico, $2,000,000, for a total project authorization of
 * y

$7,500,000. (6) For capital equipment not related to construction: (A) For weapons activities, $278,000,000. (B) For the defense inertial confinement fusion program, , $9,000,000. ^^^'VA ^^^ p^^ materials production, $107,200,000. Y; ' (D) poj. defense waste and byproducts management, $35,505,000. • (E) For verification and control technology, $4,200,000. (F) For nuclear safeguards and security, $4,800,000. (G) For naval reactors development, $49,200,000. (b) REDUCTION IN AMOUNT FOR PRIOR PROJECT.—The amount previously authorized for Project 84-D-113, Antisubmarine Warfare/ Standoff Weapon Warhead production facilities, various locations, is hereby reduced by $5,000,000, for a total project authorization of $5,000,000. Not more than $5,000,000 of the funds authorized for such project in fiscal year 1986 may be obligated or expended for such project. SEC. 3113. AUTHORIZATION ACTIVITIES

FOR

STRATEGIC

DEFENSE

INITIATIVE

Of the amounts authorized to be appropriated in sections 3111 and 3112, $317,000,000 is authorized for programs, projects, and activities of the Department of Energy relating to the Strategic Defense Initiative. PART B—RECURRING GENERAL PROVISIONS SEC. 3121. REPROGRAMMING

(a) NOTICE TO CONGRESS.—(1) Except as otherwise provided in this title— (1) no amount appropriated pursuant to this title may be used for any program in excess of 105 percent of the amount ' authorized for that program by this title or $10,000,000 more J than the amount authorized for that program by this title, whichever is the lesser, and (2) no amount appropriated pursuant to this title may be used for any program which has not been presented to, or requested of, the Congress, unless a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the Committees on Armed Services and Appropriations of the Senate and House of Representatives of notice from the Secretary of Energy (hereinafter in this part referred to as the "Secretary") containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or unless each such committee

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before the expiration of such period has transmitted to the Secretary written notice to the effect that such committee has no objection to the proposed action. (b) LIMITATION ON AMOUNT OBLIGATED.—In no event may the total amount of funds obligated pursuant to this title exceed the total amount authorized to be appropriated by this title. SEC. 3122. LIMITS ON GENERAL PLANT PROJECTS

(a) IN GENERAL.—The Secretary may carry out any construction project under the general plant projects provisions authorized by this title if the total estimated cost of the project does not exceed $1,200,000. (b) REPORT TO CONGRESS.—If, at any time during the construction of any general plant project authorized by this title, the estimated cost of the project is revised because of unforeseen cost variations and the revised cost of the project exceeds $1,200,000, the Secretary shall immediately furnish to the appropriate committees of Congress a complete report explaining the reasons for the cost variation. SEC. 3123. LIMITS ON CONSTRUCTION PROJECTS

(a) IN GENERAL.—Whenever the current estimated cost of a construction project which is authorized by section 3112 of this title, or which is in support of national security programs of the Department of Energy and was authorized by any previous Act, exceeds by more than 25 percent the higher of— (1) the amount authorized for the project; or (2) the amount of the total estimated cost for the project as shown in the most recent budget justification data submitted to Congress, construction may not be started or additional obligations incurred in connection with the project above the total estimated cost, as the case may be, unless a period of 30 calendar days (not including any day on which either House of Congress is not in session because of adjournment of more than three calendar days to a day certain) has passed after receipt by the Committees on Armed Services and Appropriations of the Senate and House of Representatives of notice from the Secretary of Energy containing a full and complete statement of the action proposed to be taken and the facts and circumstances relied upon in support of such proposed action, or unless each such committee before the expiration of such period has transmitted to the Secretary written notice to the effect that such committee has no objection to the proposed action. (b) EXCEPTION.—Subsection (a) shall not apply to any construction project which has a current estimated cost of less than $5,000,000. SEC. 3124. FUND TRANSFER AUTHORITY

To the extent specified in appropriation Acts, funds appropriated pursuant to this title may be transferred to other agencies of the Government for the performance of the work for which the funds were appropriated. Funds so transferred may be merged with the appropriations of the agency to which the funds are transferred. SEC. 3125. AUTHORITY FOR CONSTRUCTION DESIGN

(a) IN GENERAL.—(1) Within the amounts authorized by this title for plant engineering and design, the Secretary may carry out advance planning and construction designs (including architectural and engineering services) in connection with any proposed construe-

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tion project if the total estimated cost for such planning and design does not exceed $2,000,000. (2) In any case in which the total estimated cost for such planning and design exceeds $300,000, the Secretary shall notify the Committees on Armed Services and Appropriations of the Senate and House of Representatives in writing of the details of such project at least 30 days before any funds are obligated for design services for such project. (b) SPECIFIC AUTHORITY REQUIRED.—In any case in which the total estimated cost for advance planning and construction design in connection with any construction project exceeds $2,000,000, funds for such design must be specifically authorized by law. SEC. 3126. AUTHORITY FOR EMERGENCY CONSTRUCTION DESIGN '^ Defense and national security.

In addition to the advance planning and construction design authorized by section 3112, the Secretary may perform planning and design utilizing available funds for any Department of Energy defense activity construction project whenever the Secretary determines that the design must proceed expeditiously in order to meet the needs of national defense or to protect property or human life. SEC. 3127. FUNDS AVAILABLE FOR ALL NATIONAL SECURITY PROGRAMS OF THE DEPARTMENT OF ENERGY

Subject to the provisions of appropriation Acts, amounts appropriated pursuant to this title for management and support activities and for general plant projects are available for use, when necessary, in connection with all national security programs of the Department of Energy. SEC. 3128. ADJUSTMENTS FOR PAY INCREASES

Appropriations authorized by this title for salary, pay, retirement, or other benefits for Federal employees may be increased by such amounts as may be necessary for increases in such benefits authorized by law. ^,,,j,., | |, SEC. 3129. AVAILABILITY OF FUNDS

When so specified in an appropriation Act, amounts appropriated for "Operating Expenses" or for "Plant and Capital Equipment" may remain available until expended. PART C—MISCELLANEOUS PROVISIONS 42 USC 7261a.

SEC. 3131. PROTECTION OF SENSITIVE TECHNICAL INFORMATION

Contracts.

(a) PROPERTY RiGHTS IN INVENTIONS AND DISCOVERIES.—Whenever any contractor makes an invention or discovery to which the title vests in the Department of Energy pursuant to exercise of section 202(a) (ii) or (iv) of title 35, United States Code, or pursuant to section 152 of the Atomic Energy Act of 1954 (42 U.S.C. 2182) or section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908) in the course of or under any Government contract or subcontract of the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy and the contractor requests waiver of any or all of the Government's property rights, the Secretary of Energy may decide to waive the Government's rights and assign the rights in such invention or discovery. Such decision shall be made within a reasonable time (which shall

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usually be six months from the date of the request by the contractor for assignment of such rights). (b) MATTERS TO BE CONSIDERED.—In making a decision under this Defense and section, the Secretary shall consider, in addition to the applicable national policies of section 152 of the Atomic Enerf^^ Act of 1954 (42 U.S.C. security. 2182) or subsections (c) and (d) of section 9 of the Federal Nonnuclear Energy Research and Development Act of 1974 (42 U.S.C. 5908)— (1) whether national security will be compromised; (2) whether sensitive technical information (whether classified or unclassified) under the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy for which dissemination is controlled under Federal statutes and regulations will be released to unauthorized persons; (3) whether an organizational conflict of interest contemplated by Federal statutes and regulations will result; and (4) whether failure to assert such a claim will adversely affect the operation of the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy. SEC. 3132. RESTRICTION ON USE OF FUNDS TO PAY PENALTIES UNDER 42 USC 7273a. ENVIRONMENTAL LAWS

(a) RESTRICTION.—Funds appropriated to the Department of Energy for the Naval Nuclear Propulsion Program or the nuclear weapons programs or other atomic energy defense activities of the Department of Energy may not be used to pay a penalty, fine, or forfeiture in regard to a defense activity or facility of the Department of Energy due to a failure to comply with any environmental requirement. (b) EXCEPTION.—Subsection (a) shall not apply with respect to an environmental requirement if— (1) the President fails to request funds for compliance with the environmental requirement; or (2) the Congress has appropriated funds for such purpose (and such funds have not been sequestered, deferred, or rescinded) and the Secretary of Energy fails to use the funds for such purpose. SEC. 3133. COMMUNITY ASSISTANCE PAYMENTS

Section 1532 of the Department of Energy National Security and Military Applications of Nuclear Energy Authorization Act of 1986 (title XV of Public Law 99-145; 99 Stat. 773) is amended by adding at the end the following new subsection:

42 USC 2391 note.

"(d) RULE OF CONSTRUCTION.—The authority of the Secretary of Tennessee.

Energy under subsection (a) to provide a final financial settlement with Anderson County and Roane County, Tennessee, and with the City of Oak Ridge, Tennessee, and terminate all annual assistance payments made to those entities pursuant to section 91 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2391) does not affect any other right, function, or duty of the Secretary with respect to such Act (42 U.S.C. 2301), and the Secretary shall consider the purposes of such Act a continuing atomic energy defense function of the Department of Energy.".

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SEC. 3134. AUTHORITY FOR DEPARTMENT OF ENERGY CONTRACTOR EMPLOYEES TO CARRY FIREARMS BEYOND BOUNDARIES OF A DOE FACILITY 42 USC 2201.

Section 161 k. of the Atomic Energy Act of 1954 is amended— (1) by inserting "and subcontractors (at any tier)" in the second sentence after "employees of its contractors"; "" (2) by striking out "owned by the United States and" in the second sentence and inserting in lieu thereof "under the jurisdiction of the United States"; f • s (3) by inserting "or being transported to or from such facilif f ties" in the second sentence after "contracted to the United vj, States"; •=' (4) by inserting after the third sentence the following new sentence: "An employee of a contractor or subcontractor authorized to carry firearms under this subsection may make such arrests only when the individual to be arrested is within, or in direct flight from, the area of such offense."; and J (5) by striking out the semicolon at the end and inserting in lieu thereof the following: ". The Secretary, with the approval of the Attorney General, shall issue guidelines to implement this subsection;". SEC. 3135. REPORT ON CONTAINMENT FACILITIES

Safety.

The Secretary of Energy shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the costs and effects on safety that would result from constructing containment facilities for nuclear reactors of the Department of Energy compared with the costs and effects on safety involved in constructing a new production reactor. Such report shall be submitted not later than March 15, 1987. SEC. 3136. STUDY OF PRODUCTION REACTOR SAFETY

Washington. Union of Soviet Socialist Republics.

Reports.

Reports.

(a) REQUIREMENT FOR INDEPENDENT STUDY.—(1) The Secretary of

Energy shall request the National Academy of Sciences and the National Academy of Engineering— (A) to make an independent assessment of the safety of continuing operations of the "N" Production Reactor, located near Richland, Washington, including any technical and safety issues raised by the nuclear reactor accident at Chernobyl in the Soviet Union; and (B) to provide a report on such assessment, together with findings and recommendations, concurrently to Congress and the Secretary not later than March 1, 1987., (2) The assessment should— (A) be made by distinguished scientists and engineers drawn from the councils of the National Academy of Sciences, the National Academy of Engineering, and the National Institute of Medicine chosen with regard for their special competence and expertise; and (B) be conducted in a manner that would allow for appropriate public participation in the review process consistent with statutory requirements to prevent the unauthorized disclosure of classified information. (b) REVIEW AND COMMENT BY SECRETARY.—The Secretary shall review the findings and recommendations contained in the report under subsection (a) and shall separately provide to Congress a report containing—

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(1) the Secretary's comments on such findings and recommendations; and (2) a description (including cost assessments) of plans of the Secretary to correct any technical problems described in the report or to carry out recommendations set forth in the report. SEC. 3137. IMPLEMENTATION OF THE RECOMMENDATIONS OF THE PRESIDENT'S BLUE RIBBON TASK GROUP ON NUCLEAR WEAPONS PROGRAM MANAGEMENT

(a) ESTABLISHMENT OF COUNCIL.—(1) Chapter 7 of title 10, United States Code, is amended by adding at the end the following new section: "§ 179. Nuclear Weapons Council 10 USC 179. "(a) There is a Joint Nuclear Weapons Council (hereinafter in this section referred to as the 'Council') composed of three members as follows: "(1) The Director of Defense Research and Engineering. "(2) The Vice Chairman of the Joint Chiefs of Staff. "(3) One senior representative of the Department of Energy appointed by the Secretary of Energy. "(b)(1) Except as provided in paragraph (2), the Chairman of the Council shall be the member appointed under subsection (a)(1). "(2) A meeting of the Council shall be chaired by the representative appointed under subsection (a)(3) whenever the matter under consideration is within the primary responsibility or concern of the Department of Energy, as determined by majority vote of the Council. "(c)(1) The Secretary of Defense and the Secretary of Energy shall enter into an agreement with the Council to furnish necessary staff and administrative services to the Council. "(2) The Assistant to the Secretary of Defense for Atomic Energy shall be the Staff Director of the Council. "(d) The Council shall be responsible for the following matters: "(1) Preparing the annual Nuclear Weapons Stockpile Memorandum. "(2) Developing nuclear weapons stockpiles options and the costs of such options. "(3) Coordinating programming and budget matters pertaining to nuclear weapons programs between the Department of Defense and the Department of Energy. "(4) Identifying various options for cost-effective schedules for ^„., nuclear weapons production. "(5) Considering safety, security, and control issues for existing weapons and for proposed new weapon program starts. "(6) Ensuring that adequate consideration is given to design, performance, and cost tradeoffs for all proposed new nuclear weapons programs. "(7) Providing broad guidance regarding priorities for research on nuclear weapons. ' "(8) Preparing comments on annual proposals for budget levels for research on nuclear weapons and transmitting those comments to the Secretary of Defense and the Secretary of Energy before the preparation of the annual budget requests by the Secretaries of those departments. "(9) Providing—

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Reports.

PUBLIC LAW 99-661—NOV. 14, 1986 "(A) broad guidance regarding priorities for research on improved conventional weapons, and "(B) comments on annual proposals for budget levels for research on improved conventional weapons, and transmitting such guidance and comments to the Secretary of Defense before the preparation of the annual budget request of the Department of Defense. "(e) The Council shall submit to the Committees on Armed Services and on Appropriations of the Senate and House of Representatives a report on the actions that have been taken by the Department of Defense and the Department of Energy to implement the recommendations of the President's Blue Ribbon Task Group on Nuclear Weapons Program Management. The Council shall include in such report its recommendation on the role and composition of the staff on the Council. The Council shall submit such report to the Committees not later than March 1, 1987.". (2) The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

"179. Nuclear Weapons eouncil." 10 USC 179 note.

(b) CHAIRMAN OF J C S TO SERVE ON COUNCIL I F THERE IS N O VICE CHAIRMAN OF JCS.—If on the date of the enactment of this section

the position of Vice Chairman of the Joint Chiefs of Staff, or comparable position, has not been established by law, the Chairman of the Joint Chiefs of Staff shall be a member of the Nuclear Weapons Council established by section 179 of title 10, United States Code, as added by subsection (a). If the position of Vice Chairman of the Joint Chiefs of Staff (or comparable position) is established by law after the date of the enactment of this section, the Chairman of the Joint Chiefs of Staff shall remain a member of such Council only until an individual has been appointed Vice Chairman of the Joint Chiefs of Staff. (c) REPEAL.—Section 27 of the Atomic Energy Act of 1954 (42 U.S.C. 2037) is repealed. SEC. 3138. EXTENSION OF DATE FOR CERTAIN CONTRACT AUTHORITY

New Mexico.

42 USC 2394 note.

(a) EXTENSION.—Section 94 of the Atomic Energy Community Act of 1955 (42 U.S.C. 2394) is amended by striking out "June 30, 1986" and "June 30, 1987" and inserting in lieu thereof "June 30, 1996" in both places. (b) BUDGET ACT CONTRACT LIMITATION.—(1) Such section is further amended by adding at the end the following new sentence: "The authority to enter into a contract under the preceding sentence with the Los Alamos School Board and with the county of Los Alamos, New Mexico, shall be effective with respect to a period before July 1, 1996, only to the extent or in such amounts as are provided in appropriation Acts.". (2) The amendment made by paragraph (1) shall not apply with respect to a contract with the county of Los Alamos, New Mexico, to the extent that it covers the period before July 1, 1987.

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TITLE II—NATIONAL DEFENSE STOCKPILE

100 STAT. 4067 r

SEC. 3201. EXTENSION OF PROHIBITION ON REDUCTIONS IN STOCKPILE GOALS

50 USC 98d note.

Section 1612(a)(1) of the Department of Defense Authorization Act, 1986 (Public Law 99-145; 99 Stat. 776), is amended by striking out "October 1, 1986" and inserting in lieu thereof "October 1, 1987". SEC. 3202. DESIGNATION OF NATIONAL DEFENSE STOCKPILE MANAGER

-

(a) DESIGNATION OF SINGLE STOCKPILE MANAGER.—The Strategic

and Critical Materials Stockpiling Act is amended by inserting after section 6 the following new section: " N A T I O N A L D E F E N S E STOCKPILE MANAGER

"SEC. 6A. (a) The President shall designate a single Federal President of U.S. official to perform the functions of the President under this Act. The 50 USC 98e-l. official designated shall be an officer who holds a civilian position to which the person was appointed by the President, by and with the advice and consent of the Senate. "(b) The officer designated by the President under this section shall be known for purposes of his functions under this Act as the 'National Defense Stockpile Manager'.". (b) DEADLINE FOR DESIGNATION.—The President shall designate an 50 USC 98e-l official as the National Defense Stockpile Manager, as required by note. section 6A of the Strategic and Critical Materials Stock Piling Act (as added by subsection (a)), not later than February 15, 1987. SEC. 3203. EXTENSION OF USES OF STOCKPILE TRANSACTION FUND AND CODIFICATION OF REVOLVING FUND PROVISIONS

.^

(a) IN GENERAL.—Section 9(b) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C 98h(b)) is amended— (1) by striking out the second sentence of paragraph (1); and (2) by striking out paragraphs (2) and (3) and inserting in lieu thereof the following: "(2) Subject to section 5(a)(1), moneys covered into the fund under 50 USC 98d. paragraph (1) are hereby made available (subject to such limitations as may be provided in appropriation Acts) for the following purposes: "(A) The acquisition of strategic and critical materials under section 6(a)(1). 50 USC 98e. "(B) Transportation, storage, and other incidental expenses y, related to such acquisition. "(C) Development of current specifications of stockpile mate' = • r rials and the upgrading of existing stockpile materials to meet current specifications (including transportation, when ecoI-: nomical, related to such upgrading). "(D) Testing and quality studies of stockpile materials. "(E) Studying future material and mobilization requirements for the stockpile. "(F) Other reasonable requirements for management of the stockpile. "(3) Moneys in the fund shall remain available until expended.". (b) CONFORMING AMENDMENT.—Section 110 of Public Law 97-377

(96 Stat. 1911) is amended by striking out "Notwithstanding" and all

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that follows through "That during" and inserting in lieu thereof "During". (c) APPLICABILITY OF AMENDMENTS.—The amendments made by subsection (a) apply with respect to funds covered into the National Defense Stockpile Fund before, on, or after the date of the enactment of this Act. SEC. 3204. AUTHORIZED DISPOSALS FROM NATIONAL DEFENSE STOCKPILE President of U.S. 50 USC 98d note.

(a) IN GENERAL.—(1) The President is authorized to dispose of the following quantities of materials that are currently held in the National Defense Stockpile (established by section 3 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98b)) and that are hereby determined to be excess to the current requirements of the stockpile: I .

,.

Contracts.

50 USC 98d.

Antimony Diamonds, Industrial Stone Iodine Mercury Mica, Muscovite Film Mica, Muscovite Splittings Silicon Carbide Silver (Coinage Program Only) Tannin, Chestnut Tannin, Quebracho Thorium Nitrate Tin Tungsten

1,500 short tons 1,125,000 carats. 800,000 pounds .- j 3,700 flasks 3,000 pounds 262,000 pounds 7,600 short tons • • 3,000,000 troy ounces 1,000 long tons 4,000 long tons 10,000 pounds 4,000 metric tons 1,900,000 pounds of tungsten metal equivalent

(2) Authority provided by paragraph (1) is in addition to any other authority provided by law to dispose of materials from the National Defense Stockpile. (b) SPECIAL DISPOSAL AUTHORITY.—During fiscal year 1987, the President may contract to carry out authorized disposals of materials from the National Defense Stockpile without regard to the limitation in section 5(b)(2) of the Strategic and Critical Materials Stock Piling Act, but only to the extent that the total amount received (or to be received) from such disposals does not exceed the amount obligated from the National Defense Stockpile Transaction Fund during such fiscal year for purposes authorized under section 9(b)(2) of such Act (as amended by section 3203). SEC. 3205. CONVERSION OF CHROMIUM AND MANGANESE ORE TO HIGH CARBON FERROCHROMIUM AND HIGH CARBON FERROMANGANESE

President of U.S. Contracts. 50 USC 98d note.

(a) REQUIRED UPGRADING.—During each of fiscal years 1987 through 1993, the President shall— (1) obtain bids from domestic producers of high carbon ferrochromium and of high carbon ferromanganese; and (2) award contracts for the conversion of chromium and manganese ores held in the National Defense Stockpile into high carbon ferrochromium and high carbon ferromanganese, respectively. (b) QUANTITIES TO B E UPGRADED.—(1) Contracts awarded under subsection (a) shall provide for the addition of not less than 53,500 short tons of high carbon ferrochromium and not less than 67,500 short tons of high carbon ferromanganese to the National Defense Stockpile during each of the fiscal years covered by subsection (a).

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(2) If, during any fiscal year referred to in subsection (a), the minimum quantity of high carbon ferrochromium or high carbon ferromanganese to be added to the National Defense Stockpile, as required by paragraph (1), is not met, the quantity of such material to be added to the stockpile in the next fiscal year shall be increased by the quantity of the deficiency. (c) SEVEN-YEAR MINIMUM QUANTITIES.—The total quantities of high carbon ferrochromium and high carbon ferromanganese to be added to the National Defense Stockpile over the seven fiscal years referred to in subsection (a) shall be as follows: (1) High carbon ferrochromium, 374,000 short tons. (2) High carbon ferromanganese, 472,000 short tons. (d) DEFINITION.—In this section, the term "National Defense Stockpile" means the stockpile provided for in section 4 of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c). SEC. 3206. REPORT ON WAR EMERGENCY SITUATIONS AND MOBILIZATION REQUIREMENTS

(a) REQUIREMENT.—The Secretary of Defense shall submit to Congress a report describing war emergency situations that would necessitate total mobilization of the economy of the United States for a conventional global war of a duration of at least three years. With respect to each such war emergency situation, the Secretary shall include estimates of— (1) the length and intensity of the assumed emergency; (2) the military force structure to be mobilized; and (3) the defense expenditures required during each such war emergency situation. (b) STOCKPILE PLANNING.—The Secretary shall indicate in the report which of the war emergency situations described in the report should serve as the basis for planning for and management of the National Defense Stockpile. (c) DEADLINE FOR REPORT.—The report under subsection (a) shall be submitted not later than January 31, 1987. SEC. 3207. MISCELLANEOUS TECHNICAL AMENDMENTS

(a) TECHNICAL AMENDMENTS.—(1) Section 4(a) of the Strategic and Critical Materials Stock Piling Act (50 U.S.C. 98c(a)) is amended— (A) by striking out "on the day before the date of the date of the enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979" in paragraphs (1) and (3) and inserting in lieu thereof "on July 29, 1979", and (B) by ^riking out "on or after the date of the enactment of the Strategic and Critical Materials Stock Piling Revision Act of 1979" in paragraph (2) and inserting in lieu thereof "after July 29, 1979". (2) Section 5(b) of such Act (50 U.S.C. 98d(b)) is amended by striking out "(4)" and inserting in lieu thereof "(3), (4),". (3) Section 11(b) of such Act (50 U.S.C. 98h-2) is amended by striking out "each year" and all that follows through "the next fiscal year" and inserting in lieu thereof "each year, at the time that the Budget is submitted to Congress pursuant to section 1105 of title 31, United States Code, for the next fiscal year,". (b) CLARIFYING AMENDMENT.—Section 6(a)(3) of such Act (50 U.S.C. 98e(a)(3)) is amended by striking out "the form most" and inserting in lieu thereof "a form more".

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 100 STAT. 4070

PUBLIC LAW 99-661—NOV. 14, 1986 TITLE III—CIVIL DEFENSE

.

r

SEC. 3301. AUTHORIZATION OF APPROPRIATIONS FOR CIVIL DEFENSE FUNCTIONS

There is hereby authorized to be appropriated for fiscal year 1987 the sum of $120,565,000 to carry out the provisions of the Federal Civil Defense Act of 1950 (50 U.S.C. App. 2251 et seq.).

Child Nutrition

DIVISION D—CHILD NUTRITION

Wndmentsof 42 USC 1751

P R O G R A M S

...

SEC. 4001. SHORT TITLE; TABLE OF CONTENTS

(a) SHORT TITLE.—This division may be cited as the "Child Nutrition Amendments of 1986". 0)) TABLE OF CONTENTS FOR DIVISION.—The table of contents for this division is as follows: Sec. 4001. Short title; table of contents. Sec. Sec. Sec. Sec. Sec.

TITLE I—REAUTHORIZATION OF CHILD NUTRITION PROGRAMS 4101. Summer Food Service Program for children. , 4102. Commodity Distribution Program. 4103. State administrative expenses. 4104. Special supplemental food program for women, infants, and children. 4105. Nutrition Education and Training Program.

Sec. Sec. Sec. Sec. Sec.

TITLE II—SCHOOL LUNCH AND BREAKFAST PROGRAMS 4201. Basis of commodity assistance. 4202. Inclusion of whole milk as a school lunch beverage. 4203. Automatic eligibility for certain programs. usj 4204. Limitation on meal contracting. 4205. Change in tuition limitation for private schools. 4206. Use of school lunch facilities for elderly programs. 4207. Pilot projects for administration of child nutrition programs by contract or direct disbursement. 4208. Department of Defense Overseas Dependents' Schools. 4209. Restoration of certain kindergartens to the special milk program. 4210. Improvement of breakfast program meal pattern. 4211. Extension of offer versus serve provision to the school breakfast program. 4212. Staffing standards.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE III—SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN 4301. Costs for Nutrition Services and Administration. 4302. State eligibility for WIC funds. 4303. Participation report. 4304. Plan of operation and administration. 4305. Public comment. 4306. Availability of program benefits. 4307. Repayment of certain benefits by recipients. 4308. Priority funds for WIC migrant programs. 4309. Improving State agency administrative systems. ' 4310. Paperwork reduction.

' -.i • 4311. Allocation standards. 4312. Advance payments. ,. 4313. Availability of funds. '

Sec. Sec. Sec. Sec. Sec. Sec. Sec.

Sec. Sec. Sec. Sec.

4401. 4402. 4403. 4404.

TITLE IV—OTHER NUTRITION PROGRAMS Hearings on Federal audit actions under the Child Care Food Program. Basis for nutrition education grants. Extension of alternative means of assistance. National Donated Commodity Processing Programs.

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 PUBLIC LAW 99-661—NOV. 14, 1986 TITLE V—TECHNICAL CORRECTIONS Sec. 4501. Obsolete provisions. Sec. 4502. Obsolete references to Health, Education, and Welfare. Sec. 4503. Conforming amendments.

100 STAT. 4071 ,,,;

^:

TITLE I—REAUTHORIZATION OF CHILD NUTRITION PROGRAMS SEC. 4101. SUMMER FOOD SERVICE PROGRAM FOR CHILDREN

Section 13(p) of the National School Lunch Act (42 U.S.C. 1761(p)) is amended by striking out "1984" and inserting in lieu thereof "1989". SEC. 4102. COMMODITY DISTRIBUTION PROGRAM

Section 14(a) of the National School Lunch Act (42 U.S.C. 1762a(a)) is amended by striking out "1984" and inserting in lieu thereof "1989". SEC. 4103. STATE ADMINISTRATIVE EXPENSES

Section 7(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1776(i)) is amended by striking out "1984" and inserting in lieu thereof "1989". SEC. 4104. SPECIAL SUPPLEMENTAL INFANTS, AND CHILDREN

FOOD

PROGRAM

FOR WOMEN,

Section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786) is amended— (1) in subsection (c)(2), by striking out "Subject to" and all that follows through "1984" and inserting in lieu thereof "Subject to amounts appropriated to carry out this section under subsection (g)"; (2) in subsection (g)— (A) by designating the first and second sentences as paragraphs (1) and (3), respectively; and (B) by amending paragraph (1) (as so designated) to read as follows: "(1) There are authorized to be appropriated to carry out this section $1,570,000,000 for the fiscal year ending September 30, 1986, such sums as may be necessary for each of the fiscal years ending September 30, 1987, and September 30, 1988, and $1,782,000,000 for the fiscal year ending September 30, 1989."; and (3) in subsection (h)(2), by striking out "1984" and inserting in lieu thereof "1989". SEC. 4105. NUTRITION EDUCATION AND TRAINING PROGRAM

'

The first sentence of section 19(j)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1788(j)(2)) is amended by striking out "1984" and inserting in lieu thereof "1989".

SEC. 4201. BASIS OF COMMODITY ASSISTANCE
 * TITLE II—SCHOOL LUNCH AND BREAKFAST PROGRAMS

Section 60b) of the National School Lunch Act (42 U.S.C. 1755(b)) is amended— (1) in the first sentence, by striking out "May 15" and inserting in lieu thereof "June 1"; and (2) in the second sentence, by striking out "June 15" and inserting in lieu thereof "July 1".

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PUBLIC LAW 99-661—NOV. 14, 1986

SEC. 4202. INCLUSION OF WHOLE MILK AS A SCHOOL LUNCH BEVERAGE

Effective July 1, 1986, section 9(a) of the National School Lunch Act (42 U.S.C. 1758(a)) is amended— (1) by designating the first, second, and third sentences as paragraphs (1), (3), and (4), respectively; and (2) by inserting after paragraph (1) (as so designated) the following new paragraph: "(2) In addition to such other forms of milk as the Secretary may determine, the lunches shall offer whole milk as a beverage.'. SEC. 4203. AUTOMATIC ELIGIBILITY FOR CERTAIN PROGRAMS

Effective July 1, 1986, section 9(b) of the National School Lunch Act (42 U.S.C. 1758(b)) is amended by adding at the end thereof the following new paragraph: "(6)(A) A child shall be considered automatically eligible for a free lunch and breakfast under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), respectively, without further application or eligibility determination, if the child is a member of— "(i) a household receiving assistance under the food stamp program authorized under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.); or ^^'",1 "(ii) an AFDC assistance unit (under the aid to families with dependent children program authorized under part A of title IV j, of the Social Security Act (42 U.S.C. 601 et seq.)), in a State where the standard of eligibility for the assistance does not exceed 130 percent of the poverty line (as defined in section 673(2) of the Community Services Block Grant Act (42 U.S.C. 9902(2))). "(B) Proof of receipt of food stamps or aid to families with dependent children shall be sufficient to satisfy any verification requirement imposed under paragraph (2)(C).". SEC. 4204. LIMITATION ON MEAL CONTRACTING

Effective July 1, 1986, section 9 of the National School Lunch Act (42 U.S.C. 1758) is amended by adding at the end thereof the following new subsection: "(e) A school or school food authority participating in a program under this Act may not contract with a food service company to provide a la carte food service unless the company agrees to offer free, reduced-price, and full-price reimbursable meals to all eligible children.". SEC. 4205. CHANGE IN TUITION LIMITATION FOR PRIVATE SCHOOLS (a) SCHOOL LUNCH PROGRAMS.—Section 12(d)(5) of the National

School Lunch Act (42 U.S.C. 1760(d)(5)) is amended— (1) in clause (A) of the first sentence, by striking out "$1,500" and inserting in lieu thereof "$2,000"; and (2) by adding at the end thereof the following new sentence: ' "On July 1, 1988, and each July 1 thereafter, the Secretary shall adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.". (b) SCHOOL BREAKFAST PROGRAMS.—Section 15(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1784(c)) is amended— (1) in clause (A) of the first sentence, by striking out "$1,500" and inserting in lieu thereof "$2,000"; and

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100 STAT. 4073

o

(2) by adding at the end thereof the following new sentence: "On July 1, 1988, and each July 1 thereafter, the Secretary shall •c^ adjust the tuition limitation amount prescribed in clause (A) of the first sentence of this paragraph to reflect changes in the J Consumer Price Index for All Urban Consumers during the most recent 12-month period for which the data is available.", (c) APPLICATION.—(1) The amendments made by subsections (a)(1) 42 USC 1760 and (b)(1) shall apply for the fiscal year beginning on October 1, note. 1986, and each school year thereafter. (2) The amendments made by subsections (a)(2) and (b)(2) shall apply for the school year beginning on July 1, 1988, and each school year thereafter. SEC. 4206. USE OF SCHOOL LUNCH FACILITIES FOR ELDERLY PROGRAMS

Section 12 of the National School Lunch Act (42 U.S.C. 1760) is amended by adding at the end thereof the following new subsection: "(i) Facilities, equipment, and personnel provided to a school food authority for a program authorized under this Act or the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) may be used, as determined by a local educational agency, to support a nonprofit nutrition program for the elderly, including a program funded under the Older Americans Act of 1965 (42 U.S.C. 3001 et seq.).". SEC. 4207. PILOT PROJECTS FOR ADMINISTRATION OF CHILD NUTRITION PROGRAMS BY CONTRACT OR DIRECT DISBURSEMENT (a) PILOT PROJECTS.—Section 20 of the National School Lunch Act

(42 U.S.C. 1769) is amended by striking out subsection (d) and inserting in lieu thereof the following new subsection: "(d) The Secretary may conduct pilot projects in not more than three States in which the Secretary is currently administering programs to evaluate the effects of the Secretary contracting with private profit and nonprofit organizations to act as a State agency under this Act and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) for schools, institutions, or service institutions referred to in section 10 of this Act and section 5 of the Child Nutrition Act of 1966 (42 U.S.C. 1774).". (b) CONFORMING AMENDMENT.—The first sentence of section 20(c) of the National School Lunch Act is amended by striking out "except for the pilot projects conducted under subsection (d) of this section,". SEC. 4208. DEPARTMENT OF DEFENSE OVERSEAS DEPENDENTS' SCHOOLS (a) SCHOOL LUNCHES.—Section 22(d) of the National School Lunch Act (42 U.S.C. 1769b(d)) (as added by section 1408(a) of the Education Amendments of 1978 (92 Stat. 2368)) is amended by striking out "and for" and all that follows through "reduced-price lunch". (b) SCHOOL BREAKFASTS.—Section 20(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1789) is amended by striking out "and for" and all that follows through "reduced-price breakfast". SEC. 4209. RESTORATION OF CERTAIN KINDERGARTENS TO THE SPECIAL MILK PROGRAM

Effective October 1, 1986, section 3(a) of the Child Nutrition Act of 1966 (42 U.S.C. 1772(a)) is amended— (1) in the first sentence— (A) by inserting "(1)" after the subsection designation;

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PUBLIC LAW 99-661—NOV. 14, 1986

(B) by redesignating clauses (1) and (2) as subparagraphs (A) and (B), respectively; and (C) in subparagraph (A) (as so redesignated), by inserting "except as provided in paragraph (2)," after "and under,"; (2) by designating the second through eighth sentences as paragraphs (3) through (9), respectively; and . I (3) by inserting after paragraph (1) (as so designated) the following new paragraph: "(2) The limitation imposed under paragraph (1)(A) for participation of nonprofit schools in the special milk program shall not apply to split-session kindergarten programs conducted in schools in which children do not have access to the meal service program operating in schools the children attend as authorized under this Act or the National School Lunch Act (42 U.S.C. 1751 et seq.).". SEC. 4210. IMPROVEMENT OF BREAKFAST PROGRAM MEAL PATTERN

(a) ADDITIONAL ASSISTANCE.—Effective October 1, 1986, section 4(b)

Securities. Agriculture and agricultural commodities.

State and local governments. 42 USC 1766 note.

Regulations.

of the Child Nutrition Act of 1966 (42 U.S.C. 1773(b)) is amended by adding at the end thereof the following new paragraphs: "(3) The Secretary shall increase by 3 cents the annually adjusted payment for each breakfast served under this Act and section 17 of the National School Lunch Act (42 U.S.C. 1766). These funds shall be used to assist States, to the extent feasible, in improving the nutritional quality of the breakfasts. "(4) Notwithstanding any other provision of law, whenever stocks of agricultural commodities are acquired by the Secretary or the Commodity Credit Corporation and are not likely to be sold by the Secretary or the Commodity Credit Corporation or otherwise used in programs of commodity sale or distribution, the Secretary shall make such commodities available to school food authorities and eligible institutions serving breakfasts under this Act in a quantity equal in value to not less than 3 cents for each breakfast served under this Act and section 17 of the National School Lunch Act. "(5) Expenditures of funds from State and local sources for the maintenance of the breakfast program shall not be diminished as a result of funds or commodities received under paragraph (3) or (4).". (b) NUTRITION REQUIREMENTS.—(1) The Secretary of Agriculture shall review and revise the nutrition requirements for meals served under the breakfast program authorized under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and section 17 of the National School Lunch Act (42 U.S.C. 1766) to improve the nutritional quality of the meals, taking into consideration both the findings of the National Evaluation of School Nutrition Programs and the need to provide increased flexibility in meal planning to local food authorities. (2) Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture shall promulgate regulations to implement the revisions. SEC. 4211. EXTENSION OF OFFER VERSUS SERVE PROVISION TO THE SCHOOL BREAKFAST PROGRAM

Section 4(e) of the Child Nutrition Act of 1966 (42 U.S.C. 1773(e)) is amended— (1) by inserting "(1)" after the subsection designation; and (2) by adding at the end thereof the following new paragraph: "(2) At the option of a local school food authority, a student in a school under the authority that participates in the school breakfast

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100 STAT. 4075

program under this Act may be allowed to refuse not more than one item of a breakfast that the student does not intend to consume. A refusal of an offered food item shall not affect the full charge to the student for a breakfast meeting the requirements of this section or the amount of payments made under this Act to a school for the breakfast.". SEC. 4212. STAFFING STANDARDS

Section 7 of the Child Nutrition Act of 1966 (42 U.S.C. 1776) (as amended by section 103) is further amended— (1) by striking out subsection (b); and (2) by redesignating subsections (c) through (i) as subsections (b) through (h), respectively.

Ante, p. 4071.

TITLE III—SPECIAL SUPPLEMENTAL FOOD PROGRAM FOR WOMEN, INFANTS, AND CHILDREN SEC. 4301. COSTS FOR NUTRITION SERVICES AND ADMINISTRATION

(a) DEFINITIONS.—Section 17(b) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(b)) is amended— (1) by striking out paragraph (1); (2) by redesignating paragraphs (2), (3), and (4) as paragraphs (1), (2), and (3), respectively; and (3) by inserting after paragraph (3) (as so redesignated) the following new paragraph: "(4) 'Costs for nutrition services and administration' means costs that shall include, but not be limited to, costs for certification of eligibility of persons for participation in the program (including centrifuges, measuring boards, spectrophotometers, and scales used for the certification), food delivery, monitoring, nutrition education, outreach, startup costs, and general administration applicable to implementation of the program under this section, such as the cost of staff, transportation, insurance, developing and printing food instruments, and administration of State and local agency offices.". (b) CONFORMING AMENDMENTS.—Section 17 of such Act is amended— (1) by striking out "administrative funds" each place it appears in subsections (fKll), (h)(2), (h)(3), and (h)(4) and inserting in lieu thereof "funds for nutrition services and administration"; and (2) by striking out "administrative costs" each place it appears irl subsection (h) and inserting in lieu thereof "costs for nutrition services and administration". SEC. 4302. STATE ELIGIBILITY FOR WIC FUNDS

(a) EuGiBiLiTY.—Section 17(c) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(c)) is amended by adding at the end thereof the following new paragraph: "(4) A State shall be ineligible to participate in programs authorized under this section if the Secretary determines that State or local sales taxes are collected within the State on purchases of food made to carry out this section.". (b) APPLICATION.—The amendment made by subsection (a) shall apply to a State beginning with the fiscal year that commences after the end of the first regular session of the State legislature following the date of the enactment of this Act.

Taxes,

42 USC 1786 "ote.

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PUBLIC LAW 99-661—NOV. 14, 1986

SEC. 4303. PARTICIPATION REPORT

(a) BIENNIAL REPORT.—Section 17(d) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(d)) is amended by adding at the end thereof the following new paragraph: "(4) The Secretary shall report biennially to Congress on— "(A) the income and nutritional risk characteristics of participants in the program; "(B) participation in the program by members of families of •' migrant farmworkers; and "(C) such other matters relating to participation in the program as the Secretary considers appropriate.". (b) USE OF EVALUATION FUNDS FOR REPORT.—Section 17(g)(3) of Ante, p. 4071.

such Act (as amended by section 104(2)(A)) is further amended by inserting "preparing the report required under subsection (d)(4), after "health benefits,". SEC. 4304. PLAN OF OPERATION AND ADMINISTRATION

State and local governments.

Indians.

(a) PLAN.—Paragraph (1) of section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(fKl)) is amended to read as follows: "(1)(A) Each State agency shall submit annually to the Secretary, by a date specified by the Secretary, a plan of operation and administration for a fiscal year. "(B) To be eligible to receive funds under this section for a fiscal year, a State agency must receive the approval of the Secretary for the plan submitted for the fiscal year. "(C) The plan shall include— "(i) a description of the food delivery system of the State > . supplemental foods under the program, to be administered in .;: accordance with standards developed by the Secretary; State agency; "(iii) a plan to coordinate operations under the program with ' special counseling services, such as the expanded food and nutrition education program, immunization programs, prenatal care, well-child care, family planning, alcohol and drug abuse counseling, child abuse counseling, and with the aid to families with dependent children, food stamp, and maternal and child health care programs; "(iv) a plan to provide program benefits under this section to, and to meet the special nutrition education needs of, eligible "(v) a plan to expend funds to carry out the program during the relevant fiscal year; "(vi) a plan to provide program benefits under this section to unserved and underserved areas in the State, if sufficient funds • are available to carry out this clause; "(vii) a plan to provide program benefits under this section to eligible persons most in need of the benefits and to enroll " ' eligible women in the early months of pregnancy, to the maxi• mum extent practicable; and "(viii) such other information as the Secretary may require. "(D) The Secretary may permit a State agency to submit only those parts of a plan that differ from plans submitted for previous fiscal years. "(E) The Secretary may not approve any plan that permits a person to participate simultaneously in both the program
 * agency and the method of enabling participants to receive
 * >v "(ii) a description of the financial management system of the
 * r migrants and Indians;

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PUBLIC LAW 99-661—NOV. 14, 1986

authorized under this section and the commodity supplemental food program authorized under sections 4 and 5 of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note).". (b) APPLICATION.—The amendment made by subsection (a) shall apply to a plan submitted by a State agency under section 17(f)(1) of the Child Nutrition Act of 1966 for the fiscal year ending September 30, 1987, and each fiscal year thereafter. SEC. 4305. PUBLIC COMMENT

n

42 USC 1786 note.

jrfe

Paragraph (2) of section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)(2)) is amended to read as follows: "(2) A State agency shall establish a procedure under which members of the general public are provided an opportunity to comment on the development of the State agency plan.". SEC. 4306. AVAILABILITY OF PROGRAM BENEFITS

Paragraph (8) of section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(fK8)) is amended to read as follows: "(8)(A) The State agency shall, in cooperation with participating State and local local agencies, publicly announce and distribute information on the governments. availability of program benefits (including the eligibility criteria for participation and the location of local agencies operating the program) to offices and organizations that deal with significant numbers of potentially eligible persons (including health and medical organizations, hospitals and clinics, welfare and unemployment offices, social service agencies, farmworker organizations, Indian tribal organizations, and religious and community organizations in low income areas). "(B) The information shall be publicly announced by the State agency and by local agencies at least annually. "(C) The State agency and local agencies shall distribute the information in a manner designed to provide the information to potentially eligible persons who are most in need of the benefits, including pregnant women in the early months of pregnancy.". SEC. 4307. REPAYMENT OF CERTAIN BENEFITS BY RECIPIENTS

Effective October 1, 1986, section 17(f) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(f)) is amended by adding at the end thereof the following new paragraph: "(15) If a State agency determines that a member of a family has received an overissuance of food benefits under the program authorized by this section as the result of such member intentionally making a false or misleading statement or intentionally misrepresenting, concealing, or withholding facts, the State agency shall recover, in cash, from such member an amount that the State agency determines is equal to the value of the overissued food benefits, unless the State agency determines that the recovery of the benefits would not be cost effective.". SEC. 4308. PRIORITY FUNDS FOR WIC MIGRANT PROGRAMS

(a) PRIORITY FUNDING.—Effective October 1, 1986, section 17(g) of Effective date. .he Child Nutrition Act of 1966 (42 U.S.C. 1786(g)) (as amended by section 104(2)(A)) is further amended by inserting after paragraph Ante, p. 4071. (1) the following new paragraph: "(2) Of the sums appropriated for any fiscal year for programs authorized under this section, not less than nine-tenths of 1 percent shall be available first for services to eligible members of migrant

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 100 STAT. 4078

42 USC 1786 note.

PUBLIC LAW 99-661—NOV. 14, 1986

populations. The migrant services shall be provided in a manner consistent with the priority system of a State for program participation.". (b) ACCOUNTABILITY.—To the extent possible, accountability for migrant services under section 17(g)(2) of the Child Nutrition Act of 1966 (as added by subsection (a)) shall be conducted under regulations in effect on the date of the enactment of this Act. SEC. 4309. IMPROVING STATE AGENCY ADMINISTRATIVE SYSTEMS

Ante, p. 4071.

Section 17(g)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(g)(3)) (as amended by sections 104(2)(A) and 303(b)) is further amended by inserting "providing technical assistance to improve State agency administrative systems," after "subsection (d)(4),". SEC. 4310. PAPERWORK REDUCTION

^, ,?..; »*f..^

Section 17(h)(1) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(1)) is amended by adding at the end thereof the following new sentence: "The Secretary shall limit to a minimal level any documentation required under the preceding sentence.". SEC. 4311. ALLOCATION STANDARDS

Section 17(h)(3) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(3)) is amended— (1) in the second sentence, by striking out ", which satisfy allocation guidelines established by the Secretary"; and (2) by striking out the last sentence. SEC. 4312. ADVANCE PAYMENTS

'

-^

Effective October 1, 1986, section 17(h)(4) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(4)) is amended by striking out "shall" and inserting in lieu thereof "may". , s t; - ' SEC. 4313. AVAILABILITY OF FUNDS

State and local governments.

''"'

'"'^'

42 USC 1786 ^°^-

(a) AVAILABILITY.—Section 17(i) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(i)) is amended— (1) by designating the first, second, third, fourth, and fifth (2) by inserting after paragraph (2) (as so designated) the following new paragraph: "(3)(A) Notwithstanding paragraph (2)— "(i) not more than 1 percent of the amount of funds allocated ^o a State agency under this section for supplemental foods for a fiscal year may be expended by the State agency for expenses incurred under this section for supplemental foods during the preceding fiscal year; or "(ii) not more than 1 percent of the amount of funds allocated to a State agency for a fiscal year under this section may be expended by the State agency during the subsequent fiscal year. "(B) Any funds made available to a State agency in accordance with subparagraph (A)(ii) for a fiscal year shall not affect the amount of funds allocated to the State agency for such year.". (b) APPLICATION.—Section 17(i)(3)(A)(i) of the Child Nutrition Act of 1966 (as amended by subsection (a)) shall not apply to appropriations made before the date of enactment of this Act.
 * sentences as paragraphs (1), (2), (4), (5), and (6), respectively; and

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 PUBLIC LAW 99-661—NOV. 14, 1986

100 STAT. 4079

TITLE IV—OTHER NUTRITION PROGRAMS SEC. 4401. HEARINGS ON FEDERAL AUDIT ACTIONS UNDER THE CHILD CARE FOOD PROGRAM

Section 17(e) of the National School Lunch Act (42 U.S.C. 1766(e)) is amended— (1) by striking out "The" and inserting in lieu thereof "(1) Except as provided in paragraph (2), the"; and (2) by adding at the end thereof the following new paragraphs: "(2) A State is not required to provide a hearing to an institution concerning a State action taken on the basis of a Federal audit determination. "(3) If a State does not provide a hearing to an institution concerning a State action taken on the basis of a Federal audit determination, the Secretary, on request, shall afford a hearing to the institution concerning the action.".

State and local governments.

SEC. 4402. BASIS FOR NUTRITION EDUCATION GRANTS

Section 19(j)(2) of the Child Nutrition Act of 1966 (42 U.S.C. 1788(j)(2)) is amended by striking out "$75,000" each place it appears and inserting in lieu thereof "$50,000". SEC. 4403. EXTENSION OF ALTERNATIVE MEANS OF ASSISTANCE

Section 14 of the National School Lunch Act (42 U.S.C. 1762a) is amended by adding at the end thereof the following new subsection: "(g)(1) As used in this subsection, the term 'eligible school district' has the same meaning given such term in section 1581(a) of the Food Security Act of 1985. "(2) In accordance with the terms and conditions of section 1581 of such Act, the Secretary shall permit an eligible school district to continue to receive assistance in the form of cash or commodity letters of credit assistance, in lieu of commodities, to carry out the school lunch program operated in the district. "(3)(A) On request of a participating school district (and after consultation with the Comptroller General of the United States with respect to accounting procedures used to determine any losses) and subject to the availability of funds, the Secretary shall provide cash compensation to an eligible school district for losses sustained by the district as a result of the alteration of the methodology used to conduct the study referred to in section 1581(a) of such Act during the school year ending June 30, 1983. "(B) There are authorized to be appropriated $50,000 to carry out this paragraph, to be available without fiscal year limitation.", SEC. 4404. NATIONAL DONATED COMMODITY PROCESSING PROGRAMS

In accordance with the terms and conditions of section 1114(a)(2) of the Agriculture and Food Act of 1981 (7 U.S.C. 1431e(a)(2)\ whenever a commodity is made available without charge or credit under any nutrition program administered by the Secretary of Agriculture, the Secretary shall encourage consumption of the commodity through agreements with private companies under which the commodity is reprocessed into end-food products for use by eligible recipient agencies.

99 Stat. 1594.

7 USC 1431e note.

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PUBLIC LAW 99-661—NOV. 14, 1986 TITLE V—TECHNICAL CORRECTIONS

SEC. 4501. OBSOLETE PROVISIONS (a) NUTRITION PROGRAM STAFF STUDY; TRUST TERRITORY APPRO-

PRIATIONS.—(1) Sections 18 and 19 of the National School Lunch Act

, < > '. ' ' -•

(42 U.S.C. 1767 and 1768) are repealed. (2) The first sentence of section 3 of such Act (42 U.S.C. 1752) is amended by striking out "sections 13, 17, and 19" and inserting in lieu thereof "sections 13 and 17". (b) STUDY OF MENU CHOICE.—Section 22 of such Act (42 U.S.C. 1769c) (as added by section 9 of the Child Nutrition Amendments of 1978 (92 Stat. 3623)) is repealed. (c) CONFORMING AMENDMENTS.—(1) The National School Lunch Act (as amended by sections 207 and 208(a) and subsection (b)) is further amended by redesignating sections 20, 21, and 22 (42 U.S.C. 1769, 1769a, and 1769b) as sections 18, 19, and 20, respectively. (2) Clause (3) of the first sentence of section 6(a) of such Act (42 U.S.C. 1755(a)) is amended by striking out "section 20" and inserting in lieu thereof "section 18". SEC. 4502. OBSOLETE REFERENCES TO HEALTH, EDUCATION, AND WELFARE

42 USC 1771 "ot®-

(a) REFERENCES I N NATIONAL SCHOOL L U N C H ACT.—Clause (1) of the sixth sentence of section 17(a) of the National School L u n c h Act (42 U.S.C. 1766(a)) is amended by striking out " Health, Education, and Welfare" and inserting in lieu thereof " Health and Human Services". OD) REFERENCES I N CHILD NUTRITION ACT O F 1966.—(1) The Child Nutrition Act of 1966 is amended by striking out " Health, Education, and Welfare" each place it a p p e a r s in section 4(a) (42 U.S.C. 1773(a)), subsections (b)(6), (b)(13), (e)(2), (k)(l), and (k)(2) of section 17 (42 U.S.C. 1786), and subsections (d)(2) and (d)(3) of section 19 (42 U.S.C. 1788) and inserting in lieu thereof " Health and Human Services (2) Section 190X3) of the Child N u t r i t i o n Act of 1966 (42 U.S.C. 1788(j)(3)) is amended by striking ou t "Office of Education of the Department of Health, Education, and Welfare" and inserting in lieu thereof " Department of Education".

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 PUBLIC LAW 99-661—NOV. 14, 1986 SEC. 4503. CONFORMING AMENDMENTS

"^r^S.

(a) DEFINITION OF SECRETARY.—Section 12(d)

100 STAT. 4081 -

of the

National

School Lunch Act (42 U.S.C. 1760(d)) is amended by adding at the end thereof the following new paragraph: "(8)'Secretary'means the Secretary of Agriculture.". (b) REDESIGNATION OF SUBSECTION.—Section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1788) (as amended by sections 105, 402, and 5020t)X2)) is further amended by redesignating subsection (j) as

Ante, pp. 4071,

subsection (i).

4079.4080.

Approved November 14, 1986.

'5

Wit ^.. • >

LEGISLATIVE HISTORY—S. 2638 (H.R. 4428): HOUSE REPORTS: No. 99-718 accompanying H.R. 4428 (Comm. on Armed Services) and No. 99-101 (Comm. on Conference). SENATE REPORTS: No. 99-331 (Comm. on Armed Services). CONGRESSIONAL RECORD, Vol. 132 (1986): Aug. 1, 4-9, considered and passed Senate. Aug. 4, 5, 7, 8, 11-15, H.R. 4428 considered and passed House. Sept. 18, proceedings vacated and S. 2638 considered and passed House, amended, in lieu of H.R. 4428. Oct. 15, House and Senate agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 22 (1986): Nov. 14, Presidential statement.

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 100 STAT. 4082

PUBLIC LAW 99-662—NOV. 17, 1986

Public Law 99- 662 99th Congress •"i^itj-L/S

Nov. 17, 1986 [H.R. 6] Water Resources Development Act of 1986. 33 USC 2201 note.

An Act

To provide for the conservation and development of water and related resources and the improvement and rehabilitation of the Nation's water resources infrastructure.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

(a) SHORT TITLE.—This Act may be cited as the "Water Resources Development Act of 1986". (b) TABLE OF CONTENTS.— Title I—Cost Sharing Title II—Harbor Development Title III—Inland Waterway Transportation System Title IV—Flood Control Title V—Shoreline Protection Title VI—Water Resources Conservation and Development Title VII—Water Resources Studies Title VIII—Project Modifications Title IX—General Provisions Title X—Project Deauthorizations Title XI—Miscellaneous Programs and Projects Title XII—Dam Safety Title XIII—Namings Title XIV—Revenue Provisions

33 USC 2201.

SEC. 2. DEFINITION OF SECRETARY.

For purposes of this Act, the term "Secretary' means the Secretary of the Army. TITLE I—COST SHARING 33 USC 2211. Contracts.

SEC. 101. HARBORS. (a) CONSTRUCTION.— (1) PAYMENTS DURING CONSTRUCTION.—The

non-Federal interests for a navigation project for a harbor or inland harbor, or any separable element thereof, on which a contract for physical construction has not been awarded before the date of enactment of this Act shall pay, during the period of construction of the project, the following costs associated with general navigation features: (A) 10 percent of the cost of construction of the portion of the project which has a depth not in excess of 20 feet; plus (B) 25 percent of the cost of construction of the portion of the project which has a depth in excess of 20 feet but not in excess of 45 feet; plus (C) 50 percent of the cost of construction of the portion of the project which has a depth in excess of 45 feet. (2) ADDITIONAL lo PERCENT PAYMENT OVER 30 YEARS.—The

non-Federal interests for a project to which paragraph (1) applies shall pay an additional 10 percent of the cost of the general navigation features of the project in cash over a period

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 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4083

not to exceed 30 years, at an interest rate determined pursuant to section 106. The value of lands, easements, rights-of-way, relocations, and dredged material disposal areas provided under paragraph (3) shall be credited toward the payment required under this paragraph. (3) LANDS, EASEMENTS, AND RIGHTS-OF-WAY.—The non-Federal interests for a project to which paragraph (1) applies shall provide the lands, easements, rights-of-way, relocations (other than utility relocations under paragraph (4)), and dredged material disposal areas necessary for the project. (4) UTIUTY RELOCATIONS.—The non-Federal interests for a project to which paragraph (1) applies shall perform or assure the performance of all relocations of utilities necessary to carry out the project, except that in the case of a project for a deepdraft harbor and in the case of a project constructed by nonFederal interests under section 204, one-half of the cost of each such relocation shall be borne by the owner of the facility being relocated and one-half of the cost of each such relocation shall be borne by the non-Federal interests. 0)) OPERATION AND MAINTENANCE.—The Federal share of the cost of operation and maintenance of each navigation project for a harbor or inland harbor constructed pursuant to this Act shall be 100 percent, except that in the case of a deep-draft harbor, the nonFederal interests shall be responsible for an amount equal to 50 percent of the excess of the cost of the operation and maintenance of such project over the cost which the Secretary determines would-be incurred for operation and maintenance of such project if such project had a depth of 45 feet. (c) EROSION OR SHOAUNG ATTRIBUTABLE TO FEDERAL NAVIGATION

WORKS.—Costs of constructing projects or measures for the prevention or mitigation of erosion or shoaling damages attributable to Federal navigation works shall be shared in the same proportion as the cost sharing provisions applicable to the project causing such erosion or shoaling. The non-Federal interests for the project causing the erosion or shoaling shall agree to operate and maintain such measures. (d) NON-FEDERAL PAYMENTS DURING CONSTRUCTION.—The amount of any non-Federal share of the cost of any navigation project for a harbor or inland harbor shall be paid to the Secretary. Amounts required to be paid during construction shall be paid on an annual basis during the period of construction, beginning not later than one year after construction is initiated. (e) AGREEMENT.—Before initiation of construction of a project to Contracts. which this section applies, the Secretary and the non-Federal interests shall enter into a cooperative agreement according to the provisions of section 221 of the Flood Control Act of 1970. The non- 42 USC 1962d-5b. Federal interests shall agree to— (1) provide to the Federal Government lands, easements, and ' rights-of-way, and to provide dredged material disposal areas and perform the necessary relocations required for construction, operation, and maintenance of such project; (2) hold and save the United States free from damages due to the construction or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors; (3) provide to the Federal Government the non-Federal share of all other costs of construction of such project; and

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 100 STAT. 4084

PUBLIC LAW 99-662—NOV. 17, 1986 (4) in the case of a deep-draft harbor, be responsible for the non-Federal share of operation and maintenance required by subsection (b) of this section.

33 USC 2212.

SEC. 102. INLAND WATERWAY TRANSPORTATION.

(a) CONSTRUCTION.—One-half of the costs of construction— (1) of each project authorized by title III of this Act, (2) of the project authorized by section 1103(j) of this Act, and e- ^ (3) allocated to inland navigation for the project authorized by section 844 of this Act, shall be paid only from amounts appropriated from the general fund of the Treasury. One-half of such costs shall be paid only from amounts appropriated from the Inland Waterways Trust Fund. For purposes of this subsection, the term "construction" shall include planning, designing, engineering, surveying, the acquisition of all lands, easements, and rights-of-way necessary for the project, including lands for disposal of dredged material, and relocations necessary for the project. (b) OPERATION AND MAINTENANCE.—The Federal share of the cost of operation and maintenance of any project for navigation on the inland waterways is 100 percent. (c) AUTHORIZATIONS FROM GENERAL FUND.—Any Federal respon-

sibility— (1) with respect to a project authorized by title III or section 11030"), or (2) with respect to the portion of the project authorized by section 844 allocated to inland navigation, which responsibility is not provided for in subsection (a) of this section shall be paid only from amounts appropriated from the general fund of the Treasury., rf 33 USC 2213.

SEC. 103. FLOOD CONTROL AND OTHER PURPOSES.

'

(a) FLOOD CONTROL.— (1) GENERAL RULE.—The non-Federal interests for a project

feirjt.m •>, ': ^

with costs assigned to flood control (other than a nonstructural project) shall— ••J: (A) pay 5 percent of the cost of the project assigned to flood control during construction of the project; (B) provide all lands, easements, rights-of-way, and dredged material disposal areas required only for flood control and perform all related necessary relocations; and (C) provide that portion of the joint costs of lands, easements, rights-of-way, dredged materisd disposal areas, and ...;,. relocations which is assigned to flood control. (2) 25 PERCENT MINIMUM CONTRIBUTION —If the value of the less than 25 percent of the cost of the project assigned to flood
 * <ftr
 * ?op contributions required under paragraph (1) of t h i s subsection is

control, the non-Federal interest shall pay during construction of the project such additional amounts as are necessary so that the total contribution of the non-Federal interests under this subsection is equal to 25 percent of the cost of the project • assigned to flood control. ^ (3) 50 PERCENT MAXIMUM.—The non-Federal share under b i paragraph (1) shall not exceed 50 percent of the cost of the project assigned to flood control. The preceding sentence does tnor not modify the requirement of paragraph (I)(A) of this subsection, iw:

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 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4085

iv T (4) DEFERRED PAYMENT OF AMOUNT EXCEEDING 30 PERCENT.—If

the total amount of the contribution required under paragraph (1) of this subsection exceeds 30 percent of the cost of the project assigned to flood control, the non-Federal interests may pay the amount of the excess to the Secretary over a 15-year period (or such shorter period as may be agreed to by the Secretary and the non-Federal interests) beginning on the date construction of the project or separable element is completed, at an interest rate determined pursuant to section 106, The preceding sentence does not modify the requirement of paragraph (1)(A) of this subsection. (b) NONSTRUCTURAL FLOOD CONTROL PROJECTS.—The non-Federal share of the cost of nonstructural flood control measures shall be 25 percent of the cost of such measures. The non-Federal interests for any such measures shall be required to provide all lands, easements, rights-of-way, dredged material disposal areas, and relocations necessary for the project, but shall not be required to contribute any amount in cash during construction of the project. (c) OTHER PURPOSES.—The non-Federal share of the cost assigned to other project purposes shall be as follows: (1) hydroelectric power: 100 percent, except that the market- Energy. ing of such power and the recovery of costs of constructing, operating, maintaining, and rehabilitating such projects shall be in accordance with existing law: Provided, That after the date of enactment of this Act, the Secretary shall not submit to Congress any proposal for the authorization of any water resources project that has a hydroelectric power component unless such proposal contains the comments of the appropriate Power Marketing Administrator designated pursuant to section 302 of the Department of Energy Organization Act (Public Law 95-91) concerning the appropriate Power Marketing Adminis- 42 USC 7152 tration's ability to market the hydroelectric power expected to be generated and not required in the operation of the project under the applicable Federal power marketing law, so that, 100 percent of operation, maintenance and replacement costs, 100 percent of the capital investment allocated to the purpose of hydroelectric power (with interest at rates established pursuant to or prescribed by applicable law), and any other costs assigned in accordance with law for return from power revenues can be returned within the period set for the return of such costs by or pursuant to such applicable Federal power marketing law; (2) municipal and industrial water supply: 100 percent; '(3) agricultural water supply: 35 percent; Agriculture and (4) recreation, including recreational navigation: 50 percent of agricultural separable costs and, in the case of any harbor or inland harbor commodities. or channel project, 50 percent of joint and separable costs allocated to recreational navigation; (5) hurricane and storm damage reduction: 35 percent; and (6) aquatic plant control: 50 percent of control operations. (d) CERTAIN OTHER COSTS ASSIGNED TO PROJECT PURPOSES.—Costs

of constructing projects or measures for beach erosion control and water quality enhancement shall be assigned to appropriate project purposes listed in subsections (a), 0>), and (c) and shall be shared in the same percentage as the purposes to which the costs are assigned, except that all costs assigned to benefits to privately owned shores (where use of such shores is limited to private interests) or to prevention of losses of private lands shall be borne by non-Federal

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 100 STAT. 4086

PUBLIC LAW 99-662—NOV. 17, 1986

interests and all costs assigned to the protection of federally owned shores shall be borne by the United States. (e) APPLICABILITY.—

(1) IN GENERAL.—This section applies to any project (including any small project which is not specifically authorized by Congress and for which the Secretary has not approved funding before the date of enactment of this Act), or separable element thereof, on which physical construction is initiated after April 30, 1986, as determined by the Secretary, except as provided in paragraph (2). Mississippi. (2) EXCEPTIONS.—This section shall not apply to the Yazoo Kentucky. Basin, Mississippi, Demonstration Erosion Control Program, au23 USC 104 note. thorized by Public Law 98-8, or to the Harlan, Kentucky, or 94 Stat. 1339. Barbourville, Kentucky, elements of the project authorized by section 202 of Public Law 96-367. (f) DEFINITION OF SEPARABLE ELEMENT.—For purposes of this Act, the term "separable element" means a portion of a project— (1) which is physically separable from other portions of the project; and (2) which— (A) achieves hydrologic effects, or (B) produces physical or economic benefits, which are separately identifiable from those produced by other portions of the project. (g) DEFERRAL OF PAYMENT.—(1) With respect to the projects listed in paragraph (2), no amount of the non-Federal share required under this section shall be required to be paid during the three-year period beginning on the date of enactment of this Act. (2) The projects referred to in paragraph (1) are the following: Louisiana. Arkansas. (A) Boeuf and Tensas Rivers, Tensas Basin, Louisiana and 33 USC 701bArkansas, authorized by the Flood Control Act of 1946; 721o. (B) Eight Mile Creek, Arkansas, authorized by Public Law 9999 Stat. 293. 88; and (C) Rocky Bayou Area, Yazoo Backwater Area, Yazoo Basin, Mississippi, authorized by the Flood Control Act approved August 18, 1941. 33 USC (h) ASSIGNED JOINT AND SEPARABLE COSTS.—The share of the costs 702a-702m. specified under this section for each project purpose shall apply to the joint and separable costs of construction of each project assigned to that purpose, except as otherwise specified in this Act. (i) LANDS, EASEMENTS, RIGHTS-OF-WAY, DREDGED MATERIAL DISPOSAL AREAS, AND RELOCATIONS.—The non-Federal interests for a

project to which this section applies shall provide all lands, easements, rights-of-way, and dredged material disposal areas required for the project and perform all necessary relocations, except to the extent limited by any provision of this section. The value of any contribution under the preceding sentence shall be included in the non-Federal share of the project specified in this section, Contracts.

(j) AGREEMENT.— (1) REQUIREMENT FOR AGREEMENT.—Any

project to which this section applies (other than a project for hydroelectric power) shall be initiated only after non-Federal interests have entered into binding agreements with the Secretary to pay 100 percent of the operation, maintenance, and replacement and rehabilita• tion costs of the project, to pay the non-Federal share of the costs of construction required by this section, and to hold and '•• save the United States free from damages due to the construe-

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 PUBLIC LAW 99-662—NOV. 17, 1986

100 STAT. 4087

tion or operation and maintenance of the project, except for damages due to the fault or negligence of the United States or its contractors. (2) ELEMENTS OF AGREEMENT.—The agreement required pursuant to paragraph (1) shall be in accordance with the requirements of section 221 of the Flood Control Act of 1970 (84 Stat. 1818) and shall provide for the rights and duties of the United States and the non-Federal interest with respect to the construction, operation, and maintenance of the project, including, but not limited to, provisions specifying that, in the event the non-Federal interest fails to provide the required nonFederal share of costs for such work, the Secretary— (A) shall terminate or suspend work on the project unless the Secretary determines that continuation of the work is in the interest of the United States or is necessary in order to satisfy agreements with other non-Federal interests in connection with the project; and Man (B) may terminate or adjust the rights and privileges of the non-Federal interest to project outputs under the terms of the agreement, (k) PAYMENT OPTIONS.—Except as otherwise provided in this section, the Secretary may permit the full non-Federal contribution to be made without interest during construction of the project or separable element, or with interest at a rate determined pursuant to section 106 over a period of not more than thirty years from the date of completion of the project or separable element. Repayment contracts shall provide for recalculation of the interest rate at five-year intervals. (1) DELAY OF INITIAL PAYMENT.—At the request of any non-Federal interest the Secretary may permit such non-Federal interest to delay the initial payment of any non-Federal contribution under this section or section 101 for up to one year after the date when construction is begun on the project for which such contribution is to be made. Any such delay in initial payment shall be subject to interest charges for up to six months at a rate determined pursuant to section 106. (m) ABILITY TO PAY.—Any cost-sharing agreement under this section for flood control or agricultural water supply shall be subject to the ability of a non-Federal interest to pay. The ability of any non-Federal interest to pay shall be determined by the Secretary in accordance with procedures established by the Secretary. SEC. 104. GENERAL CREDIT FOR FLOOD CONTROL. (a) GuiDEUNES.—Within one year after the date of enactment of this Act, the Secretary shall issue guidelines to carry out this section, consistent with the principles and guidelines on project formulation. The guidelines shall include criteria for determining whether work carried out by non-Federal interests is compatible with a project for flood control and procedures for making such determinations. The guidelines under this section shall be promulgated after notice in the Federal Register and opportunity for comment. (b) ANALYSIS OF COSTS AND BENEFITS.—The guidelines established under subsection (a) shall provide for the Secretary to consider, in analyzing the costs and benefits of a proposed project for flood control, the costs and benefits produced by any flood control work carried out by non-Federal interests that the Secretary determines

Contracts.

42 USC

1962d-5b.

Contracts.

Agriculture and agricultural commodities.

33 USC 2214.

Federal Register, publication.

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 100 STAT. 4088

Reports.

Reports.

PUBLIC LAW 99-662—NOV. 17, 1986

to be compatible with the project. For purposes of the preceding sentence the Secretary may consider only work carried out after the date which is 5 years before the first obligation of funds for the reconnaissance study for such project. In no case may work which was carried out more than 5 years before the date of the enactment of this Act be considered under this subsection, unless otherwise provided in this Act. (c) CREDITING OF NON-FEDERAL SHARE.—The guidelines established under subsection (a) shall provide for crediting the cost of work carried out by the non-Federal interests against the nonFederal share of the cost of an authorized project for flood control as follows: (1) Work which is carried out after the end of the reconnaissance study and before the submission to Congress of the final report of the Chief of Engineers on the project and which is determined by the Secretary to be compatible with the project shall be included as part of the project and shall be recommended by the Secretary in the final report for credit against the non-Federal share of the cost of the project. (2) Work which is carried out after submission of the final report of the Chief of Engineers to Congress and which is determined by the Secretary to be compatible with the project shall be considered as part of the project and shall be credited by the Secretary against the non-Federal share of the cost of the project in accordance with the guidelines promulgated pursuant to subsection (a). In no event may work which was carried out more than 5 years before the date of enactment of this Act be considered under this subsection, unless otherwise provided in this Act. (d) PROCEDURE FOR WORK DONE BEFORE DATE OF ENACTMENT.—

.im..

42 USC

1962d-5a.

33 USC 2215. Contracts.

The Secretary shall consider, under subsections (b) and (c), work carried out before the date of enactment of this Act by non-Federal interests on a project for fiood control, if the non-Federal interests apply to the Secretary for consideration of such work not later than March 31, 1987. The Secretary shall make determinations under subsections (b) and (c) with respect to such work not later than 6 months after guidelines are issued under subsection (a). (e) PROCEDURE FOR WORK DONE AFTER DATE OF ENACTMENT —The Secretary shall consider work carried out after the date of enactment of this Act by non-Federal interests on a project for fiood control under subsections (b) and (c) in accordance with the guidelines issued under subsection (a). The guidelines shall require prior approval by the Secretary of any fiood control work carried out after the date of enactment of this Act in order to be considered under this section, taking into account the economic and environmental feasibility of the project. if) LIMITATION NOT APPLICABLE.—Any fiood control work included as part of the non-Federal share of the cost of a project under this section shall not be subject to the limitation contained in the last sentence of section 215(a) of the Flood Control Act of 1968. (g) CASH CONTRIBUTION NOT AFFECTED.—Nothing in this section affects the requirement of section 103(a)(l)(A). SEC. 105. FEASIBILITY STUDIES; PLANNING, ENGINEERING, AND DESIGN.

(a) FEASIBILITY STUDIES.—(1) The Secretary shall not initiate any feasibility study for a water resources project after the date of enactment of this Act until appropriate non-Federal interests agree.

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