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Page:United States Statutes at Large Volume 101 Part 2.djvu/1048

 101 STAT. 1330-254

Grants. Contracts.

Reports.

Reports.

PUBLIC LAW 100-203—DEC. 22, 1987

"(2) The Director of the Office of Subseabed Disposal Research shall be responsible for carrying out research, development, and demonstration activities on all aspects of subseabed disposal of highlevel radioactive waste and spent nuclear fuel, subject to the general supervision of the Secretary. The Director of the Office shall be directly responsible to the Director of the Office of Energy Research, and the first such Director shall be appointed within 30 days of the date of enactment of the Nuclear Waste Policy Amendments Act of 1987. "(3) In carrying out his responsibilities under this Act, the Secretary may make grants to, or enter into contracts with, the Subseabed Consortium described in subsection (d) of this section, and other persons. "(4)(A) Within 60 days of the date of enactment of the Nuclear Waste Policy Amendments Act of 1987, the Secretary shall establish a university-based Subseabed Consortium involving leading oceanographic universities and institutions, national laboratories, and other organizations to investigate the technical and institutional feasibility of subseabed disposal. "(B) The Subseabed Consortium shall develop a research plan and budget to achieve the following objectives by 1995: "(i) demonstrate the capacity to identify and characterize potential subseabed disposal sites; "(ii) develop conceptual designs for a subseabed disposal system, including estimated costs and institutional requirements; and "(iii) identify and assess the potential impacts of subseabed disposal on the human and marine environment. "(C) In 1990, and again in 1995, the Subseabed Consortium shall report to Congress on the progress being made in achieving the objectives of paragraph (2). "(5) The Director of the Office of Subseabed Disposal Research shall annually prepare and submit a report to the Congress on the activities and expenditures of the Office.'. SEC. 5604. DRY CASK STORAGE.

Reports.

(a) STUDY.—During the period between the date of the enactment of the Nuclear Waste Policy Amendments Act of 1987 and October 1, 1988, the Secretary of Energy (hereinafter in this section referred to as the "Secretary") shall conduct a study and evaluation of the use of dry cask storage technology at the sites of civilian nuclear power reactors for the temporary storage of spent nuclear fuel until such time as a permanent geologic repository has been constructed and licensed by the Nuclear Regulatory Commission (hereinafter in this section referred to as the "Commission") and is capable of receiving spent nuclear fuel. The Secretary shall report to Congress on the study under this paragraph by October 1, 1988. (b) CONTENTS OF STUDY.—In conducting the study under paragraph (1) the Secretary shall— (1) consider the costs of dry csisk storage technology, the extent to which dry cask storage on the site of civilian nuclear power reactors will affect human health and the environment, the extent to which the storage on the sites of civilian nuclear power reactors affects the costs and risk of transporting spent nuclear fuel to a central facility such as a monitored retrievable storage facility, and any other factors the Secretary considers appropriate; 7 > < ii»

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101 STAT. 1330-255

(2) consider the extent to which amounts in the Nuclear Waste Fund established in section 302(c) of the Nuclear Waste Policy Act of 1982 (42 U.S.C. 10222(c)) can be used, and should be used, to provide funds to construct, operate, maintain, and safeguard spent nuclear fuel in dry cask storage at the sites for civilian nuclear power reactors; (3) consult with the Commission and include the views of the Commission in the report under paragraph (1); and (4) solicit the views of State and local governments and the public. SEC. 506.5. AMENDMENTS TO THE TABLE OF CONTENTS.

The table of contents of the Nuclear Waste Policy Act of 1982 is amended by— (1) adding at the end of subtitle C the following new sections: "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

142. i43. 144. 145. 146. 147. 148. 149.

Authorization of monitored retrievable storage. Monitored Retrievable Storage Commission. Survey. Site selection. Notice of disapproval. Benefits agreement. Construction authorization. Financial assistance.";

(2) adding at the end of title I the following new subtitles: "SUBTITLE E—REDIRECTION OF THE NUCLEAR WASTE PROGRAM

"Sec. 160. Selection of Yucca Mountain site. "Sec. 161. Siting a second repository. "SUBTITLE F—BENEFITS

"Sec. "Sec. "Sec. "Sec.

170. 171. 172. 173.

Benefits agreements. Content of agreements. Review panel. Termination. "SUBTITLE G—OTHER BENEFITS

"Sec. 174. Consideration in siting facilities. "Sec. 175. Report. "SUBTITLE H—TRANSPORTATION

"Sec. 180. Transportation.";

(3) adding at the end of title II the following new section. "Sec. 224. Subseabed disposal."; and

(4) adding at the end the following new titles: "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec. "Sec.

401. 402. 403. 404. 405. 406. 407. 408. 409. 410.

"TITLE IV—NUCLEAR WASTE NEGOTIATOR Definition. The Office of Nuclear Waste Negotiator. Duties of the Negotiator. Environmental assessment of sites. Site characterization; licensing. Monitored retrievable storage Environmental impact statement. Administrative powers of the Negotiator Cooperation of other departments and agencies. Termination of the office.".

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


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Page:United States Statutes at Large Volume 101 Part 2.djvu/1050

 101 STAT. 1330-256 Federal Onshore Oil and Gas Leasing Reform Act of 1987. Contracts. 30 USC 181 note.

PUBLIC LAW 100-203—DEC. 22, 1987

Subtitle B—Federal Onshore Oil and Gas Leasing Reform Act of 1987 SEC. 5101. SHORT TITLE; REP^ERENCES.

(a) SHORT TITLE.—This subtitle may be cited as the "Federal Onshore Oil and Gas Leasing Reform Act of 1987". (b) REFERENCES.—Any reference in this subtitle to the "Act of February 25, 1920", is a reference to the Act of February 25, 1920, entitled "An Act to promote the mining of coal, phosphate, oil, oil shale, gas, and sodium on the public domain" (30 U.S.C. 181 and following). , SEC. 5102. OIL AND GAS LEASING SYSTEM.

Regulations.

"

r

(a) COMPETITIVE BIDDING.—Section 17(b)(1) of the Act of February 25, 1920 (30 U.S.C. 226(b)(1)), is amended to read as follows: "(b)(1)(A) All lands to be leased which are not subject to leasing under paragraph (2) of this subsection shall be leased as provided in this paragraph to the highest responsible qualified bidder by competitive bidding under general regulations in units of not more than 2,560 acres, except in Alaska, where units shall be not more than 5,760 acres. Such units shall be as nearly compact as possible. Lease sales shall be conducted by oral bidding. Lease sales shall be held for each State where eligible lands are available at least quarterly and more frequently if the Secretary of the Interior determines such sales are necessary. A lease shall be conditioned upon the payment of a royalty at a rate of not less than 12.5 percent in amount or value of the production removed or sold from the lease. The Secretary shall accept the highest bid from a responsible qualified bidder which is equal to or greater than the national minimum acceptable bid, without evaluation of the value of the lands proposed for lease. Leases shall be issued within 60 days following payment by the successful bidder of the remainder of the bonus bid, if any, and the annual rental for the first lease year. All bids for less than the national minimum acceptable bid shall be rejected. Lands for which no bids are received or for which the highest bid is less than the national minimum acceptable bid shall be offered promptly within 30 days for leasing under subsection (c) of this section and shall remain available for leasing for a period of 2 years after the competitive lease sale. "(B) The national minimum acceptable bid shall be $2 per acre for a period of 2 years from the date of enactment of the Federal Onshore Oil and Gas Leasing Reform Act of 1987. Thereafter, the Secretary may establish by regulation a higher national minimum acceptable bid for all leases based upon a finding that such action is necessary: (i) to enhance financial returns to the United States; and (ii) to promote more efficient management of oil and gas resources on Federal lands. Ninety days before the Secretary makes any change in the national minimum acceptable bid, the Secretary shall notify the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate. The proposal or promulgation of any regulation to establish a national minimum acceptable bid shall not be considered a major Federal action subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969.".

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1051

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-257

(b) NONCOMPETITIVE LEASING.—Section 17(c) of the Act of February 25, 1920 (30 U.S.C. 226(c)), is amended to read as follows: "(c)(1) If the lands to be leased are not leased under subsection (b)(1) of this section or are not subject to competitive leasing under subsection (b)(2) of this section, the person first making application for the lease who is qualified to hold a lease under this Act shall be entitled to a lease of such lands without competitive bidding, upon payment of a non-refundable application fee of at least $75. A lease under this subsection shall be conditioned upon the payment of a royalty at a rate of 12.5 percent in amount or value of the production removed or sold from the lease. Leases shall be issued within 60 days of the date on which the Secretary identifies the first responsible qualified applicant. "(2)(A) Lands (i) which were posted for sale under subsection (b)(1) of this section but for which no bids were received or for which the highest bid was less than the national minimum acceptable bid and (ii) for which, at the end of the period referred to in subsection (b)(l) of this section no lease has been issued and no lease application is pending under paragraph (1) of this subsection, shall again be available for leasing only in accordance with subsection (b)(1) of this section. "(B) The land in any lease which is issued under paragraph (1) of this subsection or under subsection (b)(1) of this section which lease terminates, expires, is cancelled or is relinquished shall again be available for leasing only in accordance with subsection (b)(1) of this section.". (c) RENTAUS.—Section 17(d) of the Act of February 25, 1920 (30

U.S.C. 226(d)), is amended to read as follows: "(d) All leases issued under this section, as amended by the Federal Onshore Oil and Gas Leasing Reform Act of 1987, shall be conditioned upon payment by the lessee of a rental of not less than $1.50 per acre per year for the first through fifth years of the lease and not less than $2 per acre per year for each year thereafter. A minimum royalty in lieu of rental of not less than the rental which otherwise would be required for that lease year shall be payable at the expiration of each lease year beginning on or after a discovery of oil or gas in paying quantities on the lands leased.". (d) NOTICE AND RECLAMATION.—(1) Section 17 of the Act of February 25, 1920 (30 U.S.C. 226), is amended by redesignating subsections (f) through (k) as subsections (i) through (n) and by adding the following new subsections (f) through (h): "(f) At least 45 days before offering lands for lease under this Public section, and at least 30 days before approving applications for information. permits to drill under the provisions of a lease or substantially modifying the terms of any lease issued under this section, the Secretary shall provide notice of the proposed action. Such notice shall be posted in the appropriate local office of the leasing and land management agencies. Such notice shall include the terms or modified lease terms and maps or a narrative description of the affected lands. Where the inclusion of maps in such notice is not practicable, maps of the affected lands shall be made available to the public for review. Such maps shall show the location of all tracts to be leased, and of all leases already issued in the general area. The requirements of this subsection are in addition to any public notice required by other law. "(g) The Secretary of the Interior, or for National Forest lands. Regulations the Secretary of Agriculture, shall regulate all surface-disturbing

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1052

 101 STAT. 1330-258

PUBLIC LAW 100-203—DEC. 22, 1987

activities conducted pursuant to any lease issued under this Act, and shall determine reclamation and other actions as required in the interest of conservation of surface resources. No permit to drill on an oil and gas lease issued under this Act may be granted without the analysis and approval by the Secretary concerned of a plan of operations covering proposed surface-disturbing activities within the lease area. The Secretary concerned shall, by rule or regulation, establish such standards as may be necessary to ensure that an adequate bond, surety, or other financial arrangement will be established prior to the commencement of surface-disturbing activities on any lease, to ensure the complete and timely reclamation of the leeise tract, and the restoration of any lands or surface waters adversely affected by lease operations after the abandonment or cessation of oil and gas operations on the lease. The Secretary shall not issue a lease or leases or approve the assignment of any lease or leases under the terms of this section to any person, association, corporation, or any subsidiary, affiliate, or person controlled by or under common control with such person, gissociation, or corporation, during any period in which, as determined by the Secretary of the Interior or Secretary of Agriculture, such entity has failed or refused to comply in any material respect with the reclamation requirements and other standards established under this section for any prior lease to which such requirements and standards applied. Prior to making such determination with respect to any such entity the concerned Secretary shall provide such entity with adequate notification and an opportunity to comply with such reclamation requirements and other standards and shall consider whether any administrative or judicial appeal is pending. Once the entity has complied with the reclamation requirement or other standard concerned an oil or gas lease may be issued to such entity under this Act. "(h) The Secretary of the Interior may not issue any lease on National Forest System Lands reserved from the public domain over the objection of the Secretary of Agriculture.". (2) Section 31(h) of the Act of February 25, 1920 (30 U.S.C. 188(h)), is amended by striking out "section 17(j)" and substituting "section 17(m)". SEC. 5103. ASSIGNMENTS.

7

Sections 30(a) and 30(b) of the Act of February 25, 1920 (30 U.S.C. 187a, 187b), are redesignated as sections 30A and 30B, respectively, and the third sentence of section 30A, as so redesignated, is amended to read as follows: "The Secretary shall disapprove the assignment or sublease only for lack of qualification of the assignee or sublessee or for lack of sufficient bond: Provided, however, That the Secretary may, in his discretion, disapprove an assignment of any of the following, unless the assignment constitutes the entire lease or is demonstrated to further the development of oil and gas: "(1) A separate zone or deposit under any lease. "(2) A part of a legal subdivision. "(3) Less than 640 acres outside Aleiska or of less than 2,560 acres within Alaska. Requests for approval of assignment or sublease shall be processed promptly by the Secretary. Except where the assignment or sublease is not in accordance with applicable law, the approval shall be given within 60 days of the date of receipt by the Secretary of a request for such approval.". ^

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1053

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-259

SEC. 5104. LEASE CANCELLATION.

The first sentence of section Slflj) of the Act of February 25, 1920 (30 U.S.C. 1880t))) is amended to read as follows: "Any lease issued after August 21, 1935, under the provisions of section 17 of this Act shall be subject to cancellation by the Secretary of the Interior after 30 days notice upon the failure of the lessee to comply with any of the provisions of the lease, unless or until the leasehold contains a well capable of production of oil or gas in paying quantities, or the lease is committed to an approved cooperative or unit plan or communitization agreement under section 17(m) of this Act which contains a well capable of production of unitized substances in paying quantities.".

,v

,,.

SEC. 5105. ALASKA NATIONAL INTEREST LANDS CONSERVATION ACT.

Section 1008 of the Alaska National Interest Lands Conservation Act (16 U.S.C. 3148) is amended as follows: (1) Subsections (c) and (e) are deleted in their entirety. (2) The second sentence of subsection 1008(d) is deleted. SEC. 5106. PENDING APPLICATIONS, OFFERS, AND BIDS.

30 USC 226 note.

(a) Notwithstanding any other provision of this subtitle and except as provided in subsection (b) of this section, all noncompetitive oil and gas lease applications and offers and competitive oil and gas bids pending on the date of enactment of this subtitle shall be processed, and leases shall be issued under the provisions of the Act of February 25, 1920, as in effect before its amendment by this subtitle, except where the issuance of any such lease would not be lawful under such provisions or other applicable law, (b) No noncompetitive lease applications or offers pending on the date of enactment of this subtitle for lands within the Shawnee National Forest, Illinois; the Ouachita National Forest, Arkansas; Fort Chafee, Arkansas; or Eglin '* Air Force Base, Florida; shall be processed until these lands are posted for competitive bidding in accordance with section 5102 of this subtitle. If any such tract does not receive a bid equal to or greater than the national minimum acceptable bid from a responsible qualified bidder then the noncompetitive applications or offers pending for such a tract shall be reinstated and noncompetitive leases issued under the Act of February 25, 1920, as in effect before its amendment by this subtitle, except where the issuance of any such lease would not be lawful under such provisions or other applicable law. If competitive leases are issued for any such tract, then the pending noncompetitive application or offer shall be rejected. (c) Except as provided in subsections (a) and (b) of this section, all oil and gas leasing pursuant to the Act of February 25, 1920, after the date of enactment of this subtitle shall be conducted in accordance with the provisions of this subtitle. SEC. 5107. REGULATIONS; TEST SALE.

30 USC 226 note.

(a) REGULATIONS.—The Secretary shall issue final regulations to implement this subtitle within 180 days after the enactment of this subtitle. The regulations shall be effective when published in the

Effective date.

Federal Register. (b) TREATMENT UNDER OTHER LAW.—The

proposal or promulgation of such regulations shall not be considered a major Federal "Copy read "Elgin".

Federal Register,

publication.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1054

 101 STAT. 1330-260

PUBLIC LAW 100-203—DEC. 22, 1987

action subject to the requirements of section 102(2)(C) of the National Environmental Policy Act of 1969. (c) TEST SALE.—The Secretary may hold one or more lease sales conducted in accordance with the amendments made by this subtitle before promulgation of regulations referred to in subsection (a). Sale procedures for such sale shall be established in the notice of sale. SEC..5108. ENFORCEMENT.

The Act of February 25, 1920, is amended by inserting after section 40 the following new section: 30 USC 195.

"SEC. 41. ENFORCEMENT.

•'- •'<'• ^"•.-•'-"; -'-^ -^n.*•>•.;.;^.:-:. -,

"(a) VIOLATIONS.—It shall be unlawful for any person: "(1) to organize or participate in any scheme, arrangement, plan, or agreement to circumvent or defeat the provisions of this Act or its implementing regulations, or "(2) to seek to obtain or to obtain any money or property by means of false statements of material facts or by failing to state material facts concerning: " •' ' ' ' " "(A) the value of any lease or portion thereof issued or to be issued under this Act; "(B) the availability of any land for leasing under this Act; "(C) the ability of any person to obtain leases under this Act; or "(D) the provisions of this Act and its implementing regulations. "(h) PENALTY.—Any person who knowingly violates the provisions of subsection (a) of this section shall be punished by a fine of not more than $500,000, imprisonment for not more than five years, or both. "(c) CIVIL ACTIONS.—Whenever it shall appear that any person is engaged, or is about to engage, in any act which constitutes or will constitute a violation of subsection (a) of this section, the Attorney General may institute a civil action in the district court of the United States for the judicial district in which the defendant resides or in which the violation occurred or in which the lease or land involved is located, for a temporary restraining order, injunction, civil penalty of not more than $100,000 for each violation, or other appropriate remedy, including but not limited to, a prohibition from participation in exploration, leasing, or development of any Federal mineral, or any combination of the foregoing. "(d) CORPORATIONS.—(1) Whenever a corporation or other entity is subject to civil or criminal action under this section, any officer, employee, or agent of such corporation or entity who knowingly authorized, ordered, or carried out the proscribed activity shall be subject to the same action. ,, J ^;,, "(2) Whenever any officer, employee, or agent of a corporation or other entity is subject to civil or criminal action under this section for activity conducted on behalf of the corporation or other entity, the corporation or other entity shall be subject to the same action, unless it is shown that the officer, employee, or agent was acting without the knowledge or consent of the corporation or other entity^ "(e) REMEDIES, FINES, AND IMPRISONMENT.—The remedies, penalties, fines, and imprisonment p|rescribed in this section shall be concurrent and cumulative and the exercise of one shall not preclude the exercise of the others. Further, the remedies, penalties.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1055

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-261

fines, and imprisonment prescribed in this section shall be in addition to any other remedies, penalties, fines, and imprisonment afforded by any other law or regulation. "(f) STATE CIVIL ACTIONS.—(1) A State may commence a civil

action under subsection (c) of this section against any person conducting activity within the State in violation of this section. Civil actions brought by a State shall only be brought in the United States district court for the judicial district in which the defendant resides or in which the violation occurred or in which the lease or land involved is located. The district court shall have jurisdiction, without regard to the amount in controversy or the citizenship of the parties, to order appropriate remedies and penalties as described in subsection (c) of this section. "(2) A State shall notify the Attorney General of the United States of any civil action filed by the State under this subsection within 30 days of filing of the action. The Attorney General of the United States shall notify a State of any civil action arising from activity conducted within that State filed by the Attorney General under this subsection within 30 days of filing of the action. "(3) Any civil penalties recovered by a State under this subsection shall be retained by the State and may be expended in such manner and for such purposes as the State deems appropriate. If a civil action is jointly brought by the Attorney General and a State, by more than one State or by the Attorney General and more than one State, any civil penalties recovered as a result of the joint action shall be shared by the parties bringing the action in the manner determined by the court rendering judgment in such action. "(4) If a State has commenced a civil action against a person conducting activity within the State in violation of this section, the Attorney General may join in such action but may not institute a separate action arising from the same activity under this section. If the Attorney General has commenced a civil action against a person conducting activity within a State in violation of this section, that State may join in such action but may not institute a separate action arising from the same activity under this section. "(5) Nothing in this section shall deprive a State of jurisdiction to enforce its own civil and criminal laws against any person who may also be subject to civil and criminal action under this section.'.

' " <^^- '-'5 J C

., ^ ^ ' '*^"

SEC. 5109. PAYMENTS TO STATES.

Section 35 of the Act of February 25, 1920 (30 U.S.C. 191) is amended by adding the following at the end thereof: "In determining the amount of payments to States under this section, the amount of such payments shall not be reduced by any administrative or other costs incurred by the United States.". SEC. 5110. REPORT.

The Secretary shall submit annually for 5 years after enactment of this subtitle to the Congress a report containing appropriate information to facilitate congressional monitoring of this subtitle. Such report shall include, but not be limited to— (1) the number of acres leased, and the number of leases issued, competitively and noncompetitively; (2) the amount of revenue received from bonus bids, filing^ fees, rentals, and royalties; (3) the amount of production from competitive and noncompetitive leases; and

30 USC 226 note.

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 101 STAT. 1330-262

PUBLIC LAW 100-203—DEC. 22, 1987

(4) such other data and information as will facilitate— (A) an assessment of the onshore oil and gas leasing system, and •* (B) a comparison of the system as revised by this subtitle with the system in operation prior to the enactment of this subtitle. 30 USC 226 note.

SEC.."il 11. LAND USE STUDY.

The National Academy of Sciences and the Comptroller General of the United States shall conduct a study of the manner in which oil and gas resources are considered in the land use plans developed by the Secretary of the Interior in accordance with provisions of the Federal Land Policy and Management Act of 1976 (90 Stat. 2743) and the Secretary of Agriculture in accordance with the Forest and Rangeland Renewable Resources Planning Act of 1974 (88 Stat. 476), as amended by the National Forest Management Act of 1976 (90 Stat. 2949), and recommend any improvements that may be necessary to ensure that— (1) potential oil and gas resources are adequately addressed in planning documents; (2) the social, economic, and environmental consequences of exploration and development of oil and gas resources are determined; and (3) any stipulations to be applied to oil and gas leases are clearly identified. SEC. 5112. LANDS NOT SUBJECT TO OIL AND GAS LEASING.

The Act of February 25, 1920, is amended by adding the following at the end thereof: 30 USC 226-3.

"SEC. 43. LANDS NOT SUBJECT TO OIL AND GAS LEASING.

"(a) PROHIBITION.—The Secretary shall not issue any oil and gas lease under this Act on any of the following Federal lands: "(1) Lands recommended for wilderness allocation by the surface managing agency. "(2) Lands within Bureau of Land Management wilderness study areas. "(3) Lands designated by Congress as wilderness study areas, except where oil and gas leasing is specifically allowed to continue by the statute designating the study area. "(4) Lands within areas allocated for wilderness or further planning in Executive Communication 1504, Ninety-Sixth Congress (House Document numbered 96-119), unless such lands are allocated to uses other than wilderness by a land and resource management plan or have been released to uses other than wilderness by an act of Congress. "(b) EXPLORATION.—In the case of any area of National Forest or public lands subject to this section, nothing in this section shall affect any authority of the Secretary of the Interior (or for National Forest Lands reserved from the public domain, the Secretary of Agriculture) to issue permits for exploration for oil and gas by means not requiring construction of roads or improvement of existing roads if such activity is conducted in a manner compatible with the preservation of the wilderness environment.".

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 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-263

SEC. 5113. SHORT TITLE.

The Act of February 25, 1920, is amended by inserting after section 43 the following new section: "SEC. 44. SHORT TITLE.

"This Act may be cited as the 'Mineral Leasing Act'.".

Mineral Leasing Act. 30 USC 181 note.

Subtitle C—Land and Water Conservation Fund and Tongass Timber Supply Fund SEC. 5201. LAND AND WATER CONSERVATION FUND ACT AMENDMENTS.

(a) ADMISSION FEES.—Section 4(a) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(a)) is amended as follows: (1) Paragraph (1) is amended by striking out "$10" and inserting in lieu thereof "$25" in the first sentence. (2) Paragraph (1) is further amended by striking out "(1)" and inserting in lieu thereof "(I)(A)" and adding the following new subparagraph at the end thereof: "(B) For admission into a specific designated unit of the National Park System, or into several specific units located in a particular geographic area, the Secretary is authorized to make available an annual admission permit for a reasonable fee. The fee shall not exceed $15 regardless of how many units of the park system are covered. The permit shall convey the privileges of, and shall be subject to the same terms and conditions as, the Golden Eagle Passport, except that it shall be valid only for admission into the specific unit or units of the National Park System indicated at the time of purchase.". (3) Paragraph (2) is amended by adding the following sentences at the end thereof: "The fee for a single-visit permit at any designated area applicable to those persons entering by private, noncommercial vehicle shall be no more than $5 per vehicle. The single-visit permit shall admit the permittee and all persons accompanying him in a single vehicle. The fee for a single-visit permit at any designated area applicable to those persons entering by any means other than a private noncommercial vehicle shall be no more than $3 per person. Except as otherwise provided in this subsection, the maximum fee amounts set forth in this paragraph shall apply to all designated areas.". (4) Paragraph (3) is amended by adding the following new sentence at the end thereof: "Notwithstanding any other provision of this Act, no admission fee may be charged at any unit of the National Park System which provides significant outdoor recreation opportunities in an urban environment and to which access is publicly available at multiple locations.". (5) Add the following new paragraphs: "(6)(A) No later than 60 days after the date of enactment of this paragraph, the Secretary of the Interior shall submit to the Committee on Interior and Insular Affairs of the United States House of Representatives and the Committee on Energy and Natural Resources of the United States Senate a report on the entrance fees proposed to be charged at units of the National Park System. The report shall include a list of units of the

91-194 O - 90 - 34: QL.3 Part 2

Reports.

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 101 STAT. 1330-264

PUBLIC LAW 100-203—DEC. 22, 1987

National Park System and the entrance fee proposed to be charged at each unit. The Secretary of the Interior shall include in the report an explanation of the guidelines used in applying the criteria in subsection (d). "(B) Following submittal of the report to the respective ^ committees, any proposed changes to matters covered in the "> '"" •report, including the addition or deletion of park units or the increase or decrease of fee levels at park units shall not take effect until 60 days after notice of the proposed change has been submitted to the committees. "(7) No admission fee may be charged at any unit of the National Park System for admission of any person 16 years of age or less. "(8) No admission fee may be charged at any unit of the j. National Park System for admission of organized school groups or outings conducted for educational purposes by schools or other bona fide educational institutions. "(9) No admission fee may be charged at the following units of f the National Park System; U.S.S. Arizona Memorial, Independ\ ence National Historical Park, any unit of the National Park System within the District of Columbia, Arlington House— ?- Robert E. Lee National Memorial, San Juan National Historic { Site, and Canaveral National Seashore. t "(10) For each unit of the National Park System where an c- admission fee is collected, the Director shall annually designate s at least one day during periods of high visitation as a 'Fee-Free £ Day' when no admission fee shall be charged. f> "(11) In the case of the following parks, the fee for a single^ visit permit applicable to those persons entering by private, > noncommercial vehicle (the permittee and all persons accompanying him in a single vehicle) shall be no more than $10 per vehicle and the fee for a single-visit permit applicable to persons ^ entering by any means other than a private noncommercial '•" vehicle shall be no more than $5 per person: Yellowstone National Park and Grand Teton National Park and after the end of fiscal year 1990, Grand Canyon National Park. In the case of ^ Yellowstone and Grand Teton, a single-visit fee collected at one ^ unit shall also admit the vehicle or person who paid such fee for ' a single-visit to the other unit. ' "(12) Notwithstanding section 203 of the Alaska National ^ Interest Lands Conservation Act, the Secretary may charge an admission fee under this section at Denali National Park and Preserve in Alaska.". (b) VISITOR RESERVATION SERVICES.—Section 4(f) of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a(f)) is amended to read as follows: Contracts. "(f) The head of any Federal agency, under such terms and conditions as he deems appropriate, may contract with any public or private entity to provide visitor reservation services. Any such contract may provide that the contractor shall be permitted to .^ric deduct a commission to be fixed by the agency head from the amount charged the public for providing such services and to remit the net proceeds therefrom to the contracting agency.". (c) SPECIAL PROVISIONS.—Section 4 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601-6a) is amended by adding the following new subsections at the end thereof:

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101 STAT. 1330-265

"(i)(1) Except in the case of fees collected by the United States Contracts. Fish and Wildlife Service or the Tennessee Valley Authority, all receipts from fees collected pursuant to this section by any Federal agency (or by any public or private entity under contract with a Federal agency) shall be covered into a special account for that agency established in the Treasury of the United States. Fees collected by the Secretary of Agriculture pursuant to this subsection shall continue to be available for the purposes of distribution to States and counties in accordance with applicable law. "(2) Amounts covered into the special account for each agency during each fiscal year shall, after the end of such fiscal year, be available for appropriation solely for the purposes and in the manner provided in this subsection. No funds shall be transferred from fee receipts made available under this Act to each unit of the national park system: Provided, however, That in making appropriations, funds derived from such fees may be used for any purpose authorized therein. Funds credited to the special account shall remain available until expended. "(3) For agencies other than the National Park Service, such funds shall be made available for resource protection, research, interpretation, and maintenance activities related to resource protection in areas managed by that agency at which outdoor recreation is available. To the extent feasible, such funds should be used for purposes (as provided for in this paragraph) which are directly related to the activities which generated the funds, including but not limited to water-based recreational activities and camping. "(4) Amounts covered into the special account for the National Park Service shall be allocated among park system units in accordance with subsection (j) for obligation or expenditure by the Director of the National Park Service for the following purposes: "(A) In the case of receipts from the collection of admission fees: for resource protection, research, and interpretation at units of the National Park System. "(B) In the case of receipts from the collection of user fees: for resource protection, research, interpretation, and maintenance activities related to resource protection at units of the National Park System. "(j)(l) 10 percent of the funds made available to the Director of the National Park Service under subsection (i) in each fiscal year shall be allocated among units of the National Park System on the basis of need in a manner to be determined by the Director. "(2) 40 percent of the funds made available to the Director of the National Park Service under subsection (i) in each fiscal year shall be allocated among units of the National Park System in accordance with paragraph (3) of this subsection and 50 percent shall be allocated in accordance with paragraph (4) of this subsection. "(3) The amount allocated to each unit under this paragraph for each fiscal year shall be a fraction of the total allocation to all units under this paragraph. The fraction for each unit shall be determined by dividing the operating expenses at that unit during the prior fiscal year by the total operating expenses at all units during the prior fiscal year. "(4) The amount allocated to each unit under this paragraph for each fiscal year shall be a fraction of the total allocation to all units under this paragraph. The fraction for each unit shall be determined by dividing the user fees and admission fees collected under

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PUBLIC LAW 100-203—DEC. 22, 1987

this section at that unit during the prior fiscal year by the total of user fees and admission fees collected under this section at all units during the prior fiscal year. "(5) Amounts allocated under this subsection to any unit for any fiscal year and not expended in that fiscal year shall remain available for expenditure at that unit until expended. "(k) When authorized by the head of the collecting agency, volunteers at designated areas may sell permits and collect fees authorized or established pursuant to this section. The head of such agency shall ensure that such volunteers have adequate training regarding— "(1) the sale of permits and the collection of fees, "(2) the purposes and resources of the areas in which they are assigned, and "(3) the provision of assistance and information to visitors to the designated area. The Secretary shall require a surety bond for any such volunteer performing services under this subsection. Funds available to the collecting agency may be used to cover the cost of any such surety bond. The head of the collecting agency may enter into arrangements with qualified public or private entities pursuant to which such entities may sell (without cost to the United States) annual admission permits (including Golden Eagle Peissports) at any appropriate location. Such arrangements shall require each such entity to reimburse the United States for the full amount to be received from the sale of such permits at or before the agency delivers the permits to such entity for sale. "(1)(1) Where the National Park Service provides transportation to view all or a portion of any unit of the National Park System, the Director may impose a charge for such service in lieu of an admission fee under this section. The charge imposed under this paragraph shall not exceed the maximum admission fee under subsection (a). "(2) Notwithstanding any other provision of law, half of the charges imposed under paragraph (1) shall be retained by the unit of the National Park System at which the service was provided. The remainder shall be covered into the special account referred to in subsection (i) in the same manner as receipts from fees collected pursuant to this section. Fifty percent of the amount retained shall be expended only for maintenance of transportation systems at the unit where the charge was imposed. The remaining 50 percent of the retained amount shall be expended only for activities related to resource protection at such units. "(m) Where the primary public access to a unit of the National Park System is provided by a concessioner, the Secretary may charge an admission fee at such units only to the extent that the total of the fee charged by the concessioner for access to the unit and the admission fee does not exceed the maximum amount of the admission fee which could otherwise be imposed under subsection (a).". 16 USC 460/-5a. (d) REPEALS.—(1) Title I of Public Law 96-514 is amended by striking out the following provisions which appear under the heading "Land and Water Conservation Fund": "Notwithstanding the provisions of Public Law 90-401, revenues from recreation fee collections by Federal agencies shall hereafter be paid into the Land and Water Conservation Fund, to be available for appropriation for any or all purposes authorized by the Land and Water Conservation

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101 STAT. 1330-267

Fund Act of 1965, as amended, without regard to the source of such (2) Section 402 of the Act of October 12, 1979 (93 Stat. 664), is hereby repealed. (3) The seventh paragraph of title I of the Energy and Water Development Appropriation Act, 1982, entitled "Special Recreation Use Fees" is hereby repealed. (e) STUDY.—(1) The Secretary of the Interior shall assess the extent to which traffic congestion and overcrowding occurs at certain park system units during times of sesisonally high usage and shall conduct a study of the following— (A) the feasibility of reducing vehicular traffic within national park system units through fee reductions for visitors traveling by bus and through other means which could shift visitation from automobiles to buses; and (B) the feasibility of encouraging more even seasonal distribution of visitation. (2) The study shall include a pilot project to be carried out in Yosemite National Park. For purposes of such pilot project, the Secretary may reduce the fees for admission of various classes or categories of visitors to Yosemite National Park and may reduce the admission fees imposed at the park during seasons with low visitation. A report containing the results of the study shall be transmitted to the Committee on Interior and Insular Affairs of the United States House of Representatives and to the Committee on Energy and Natural Resources of the United States Senate within 3 years after the enactment of this Act.

16 USC 460/-6b.

16 USC 460Z-5a note. 16 USC 460/-6a note.

Reports.

(f) EXTENSION OF LAND AND WATER CONSERVATION FUND.—(1)

Section 2 of the Land and Water Conservation Fund Act of 1965 (16 16 USC 460Z-5. U.S.C. 4601 and following) is amended as follows: (A) In the matter preceding subsection (a) strike "1989" and substitute "2015". (B) In subsection (c)(1) strike "1989" and substitute "2015". (2) The last sentence of section 3 of the Land and Water Conservation Fund Act of 1965 (16 U.S.C. 4601 and following) is amended to 16 USC 460/-6. read as follows: "Moneys made available for obligation or expenditure from the fund or from the special account established under section 4(i)(l) may be obligated or expended only as provided in this Act.". (g) RELATIONSHIP TO FISCAL YEAR 1988 APPROPRIATIONS.—For purposes of legislation providing appropriations for the fiscal year 1988 to the Department of the Interior, the provisions of this section shall be treated as "permanent statutory language" establishing entrance fees for the National Park Service. SEC. 5202. TONGASS TIMBER SUPPLY FUND.

From the period beginning on October 1, 1987, and extending until September 30, 1989, the provisions of section 705(a) of the Alaska National Interest Lands Conservation Act of 1980 (16 U.S.C. 539(d)) shall not be effective. In lieu thereof, the following provision shall apply: "There is hereby authorized to be appropriated the sum of at least $40,000,000 annually (or such sums as the Secretary of Agriculture determines necessary) to maintain the timber supply from the Tongass National Forest to dependent industry at a rate of 4,500,000,000 foot board measure per decade."

16 USC 539d note.

Appropriation authorization.

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PUBLIC LAW 100-203—DEC. 22, 1987

Subtitle D—Reclamation 43 USC 421b note.

Contracts.

SEC. 5301. SALE OF BUREAU OF RECLAMATION LOANS.

(a) SALE.—The Secretary of the Interior (hereinafter in this section referred to as the "Secretary"), under such terms as the Secretary shall prescribe, shall sell or otherwise dispose of loan» made pursuant to the Distribution System Loans Act (43 U.S.C. 421a421d), the Small Reclamation Projects Act (43 U.S.C. 422a-4221), and the Rehabilitation and Betterment Act (43 U.S.C. 504-505) in such amounts as to realize net proceeds to the Federal Government of not less than $130,000,000 in the fiscal year ending September 30, 1988. In the conduct of such sales, the Secretary shall take such actions as he deems appropriate to accommodate, effectuate, and otherwise protect the rights and obligations of the United States and the borrowers under the contracts executed to provide for repayment of such loans. (b) SAVINGS PROVISIONS.—Nothing in this section, including the prepayment or other disposition of any loan or loans, shall— ^. (1) except to the extent that prepayment may have been , ^ authorized heretofore, relieve the borrower from the application ^^ of the provisions of Federal Reclamation law (Act of June 17, J 1902, and Acts amendatory thereof or supplementary thereto, K' including the Reclamation Reform Act of 1982), including acre'.. age limitations, to the extent such provisions would apply r^ absent such prepayment, or (2) authorize the transfer of title to any federally owned f; facilities funded by the loans specified in subsection (a) of this section without a specific Act of Congress. (c) FEES AND EXPENSES OF PROGRAM.—Proceeds from the conduct of the program authorized by this section shall be first used to pay the fees and expenses of such program and the net proceeds shall be deposited in the Treasury of the United States as miscellaneous receipts. (d) TERMINATION.—The authority granted by this section to sell or otherwise dispose of loans shall terminate on December 31, 1988. SEC. 5302. RECLAMATION REFORM ACT AMENDMENTS.

43 USC 390ww.

•mj Reports.

Contracts.

(a) AUDIT.—Section 224 of the Reclamation Reform Act of 1982 (Public Law 97-293) is amended by adding the following new subsections after subsection (f): "(g) In addition to any other audit or compliance activities which may otherwise be undertaken, the Secretary of the Interior, or his designee, shall conduct a thorough audit of the compliance with the reclamation law of the United States, specifically including this Act, by legal entities and individuals subject to such law. At a minimum, the Secretary shall complete audits of those legal entities and individuals whose landholdings or operations exceed 960 acres within 3 years. The Secretary shall submit an annual written report to the Senate Committee on Energy and Natural Resources and the House Committee on Interior and Insular Affairs. Such report shall summarize the legal entities and individuals audited, the results of such audits, and the actions taken by the Secretary to correct any instances of noncompliance with the reclamation law. "(h) The provisions of section 205(c) are and have been applicable to all recordable contracts executed prior to October 12, 1982, and any decision, rule, or regulation promulgated by the Department of

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101 STAT. 1330-269

the Interior to the contrary is hereby revoked: Provided, That notwithstanding the provisions of subsection (i), the Secretary shall not seek reimbursement for any amounts due under this subsection or section 205(c) which was due prior to the date of enactment of this subsection. "(i) When the Secretary finds that any individual or legal entity subject to reclamation law, including this Act, has not paid the required amount for irrigation water delivered to a landholding pursuant to reclamation law, including this Act, he shall collect the amount of any underpayment with interest accruing from the date the required payment was due until paid. The interest rate shall be determined by the Secretary of the Treasury on the basis of the weighted average yield of all interest bearing marketable issues sold by the Treasury during the period of underpayment.". (b) REVOCABLE TRUSTS.—Section 214 of the Reclamation Reform Act of 1982 (Public Law 97-293) is amended by inserting "(a)" after 43 USC 390nn. "214" and by adding the following new subsection at the end thereof: "(b) Lands placed in a revocable trust shall be attributable to the grantor if— "(1) the trust is revocable at the discretion of the grantor and revocation results in the title to such lands reverting either directly or indirectly to the grantor; or "(2) the trust is revoked or terminated by its terms upon the expiration of a specified period of time and the revocation or termination results in the title to such lands reverting either directly or indirectly to the grantor.".

^

Subtitle E—Panama Canal

SEC. 5401. REFERENCE TO THE PANAMA CANAL ACT OF 1979. Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Panama Canal Act of 1979 (22 U.S.C. 3601 and following).

PART 1—PANAMA CANAL REAUTHORIZATION SEC. 5411. OPERATING EXPENSES.

There is authorized to be appropriated from the Panama Canal Commission Fund to the Panama Canal Commission (hereafter in this part referred to as the "Commission") for the fiscal year beginning October 1, 1987, not to exceed $467,050,000, for necessary expenses of the Commission incurred under the Panama Canal Act of 1979 (22 U.S.C. 3601 and following), including expenses for— (1) the hire of passenger motor vehicles and aircraft; (2) the purchase of passenger motor vehicles as may be necessary for fiscal year 1988, the number and price of which shall not exceed the amount provided in appropriation Acts; except that large heavy-duty passenger sedans used to transport Commission employees across the Isthmus of Panama may be purchased for fiscal year 1988 without regard to price limitations set forth in applicable regulations of any department or agency of the United States;

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4 > • J '/:

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(3) official receptions and representation expenses, except that not more than $43,000 may be made available for such expenses, of which (A) not more than $10,000 may be made available for such expenses of the Supervisory Board of the Commission, (B) not more than $5,000 may be made available for such expenses of the Secretary of the Commission, and (C) not more than $28,000 may be made available for such expenses of the Administrator of the Commission; (4) the procurement of expert and consultant services as provided in section 3109 of title 5, United States Code; (5) a residence for the Administrator of the Commission; (6) uniforms, or allowances therefor, as authorized by section 5901 and 5902 of title 5, United States Code; (7) disbursements by the Administrator of the Commission for employee recreation and community projects; and (8) the operation of guide services.

SEC. 5412. CAPITAL OUTLAY.

Of any funds appropriated pursuant to section 5411, not more than $37,000,000 (which is authorized to remain available until expended) may be made available for the acquisition, construction, replacement and improvements of facilities, structures, and equipment required by the Commission. SEC. 5413. AUTHORIZATION OF ADDITIONAL APPROPRIATIONS.

In addition to the amount authorized to be appropriated by section 5411, there are authorized to be appropriated to the Commission for the fiscal year 1988 such amounts as may be necessary for— (1) increases in salary, pay, retirement, and other employee benefits provided by law; (2) covering payments to Panama under paragraph 4(a) of Article XIII of the Panama Canal Treaty of 1977, as provided by section 1341(a) of the Panama Canal Act of 1979 (22 U.S.C. 3751(a)); and (3) increased costs for fuel. . SEC. 5414. INSURANCE.

Section 1419 (22 U.S.C. 3779) is amended by inserting "or other unpredictable events" after "marine accidents'. Contracts. 22 USC 3712a

SEC. 5415. AUTHORITY TO LEASE OFFICE SPACE.

Notwithstanding section 210 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 490), the Commission is authorized to negotiate directly and enter into contracts for the lease of, and for improvements to, real property in the United States for use by the Commission as office space, on such terms as the Commission considers to be in the interest of the United States, and to make direct payments therefor. SEC. 5416. COMPENSATION OF BOARD MEMBERS.

Section 11020)) (22 U.S.C. 3612(b)) is amended by inserting before the period at the end thereof the following: "or, as authorized by the Chairman of the Board, while on '^ official Panama Canal Commission business". "Copy read "an".

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101 STAT. 1330-271

SEC. 5117. SKTTLEMKNT OF CLAIMS.

(a) SETTLEMENT OF CLAIMS.—Section 1401(b) (22 U.S.C. 3761(b)) is amended to read as follows: "(b) The Commission may pay not more than $50,000 on any claim described in subsection (a).". (b) INJURIES TO VESSELS WITHOUT PILOTS.—Section 1411(b)(1) (22 U.S.C. 3771(b)(1)) is amended by striking out "adjust and pay" and all that follows through "$50,000" and inserting in lieu thereof "pay not more than $50,000 on the claim". SEC. 5118. REPORT TO CONGRESS.

22 USC 3871

Out of the funds authorized to be appropriated by this part, the Commission shall prepare and submit to the Congress a report on— (1) the condition of the Panama Canal and potential adverse effects on United States shipping and commerce; (2) tho effect on canal operations of the military forces under Manuel Noriega. General Noriega; and (8) the Commission's evaluation of the effect on canal operations if the Panamanian Government continues to withhold its consent to major factors in the United States Senate's ratification of the Panama Canal Treaties. PART 2—PANAMA CANAL REVOLVING FUND SEC..5421. SHORT TITLE.

Panama Canal Revolving Fund ^2 USC 3601

This part may be referred to as the "Panama Canal Revolving note. Fund Act". SEC. 5422. ESTABLISHMENT OF REVOLVING FUND.

(a) ESTABLISHMENT.—Section 1302 (22 U.S.C. 3712) is amended by striking out subsections (a) through (d) and inserting in lieu thereof the following: "SEC. 1302. (a)(1) There is established in the Treasury of the United States a revolving fund to be known as the 'Panama Canal Revolving Fund'. The Panama Canal Revolving Fund shall, subject to subsection (c), be available to the Commission to carry out the purposes, functions, and powers authorized by this Act, including for— "(A) the hire of passenger motor vehicles and aircraft; "(B) uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; "(C) official receptions and representation expenses of the Board, the Secretary of the Commission, and the Administrator; "(D) the operation of guide services; "(E) a residence for the Administrator; "(F) disbursements by the Administrator for employee and community projects; and "(G) the procurement of expert and consultant services as provided in section 3109 of title 5, United States Code. "(2) On the effective date of the Panama Canal Revolving Fund Act— "(A) the Panama Canal Commission Fund shall be terminated and the unappropriated balance, including undeposited receipts as of the close of business on the day before the effective date of the Panama Canal Revolving Fund Act, shall be transferred to the Panama Canal Revolving Fund;

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PUBLIC LAW 100-203—DEC. 22, 1987

"(B) the unexpended balance of appropriations to the Commisc^i sion, as of the close of business on the day before the effective date of the Panama Canal Revolving Fund Act, shall be trans*n ferred to the Panama Canal Revolving Fund, and such amounts, including amounts appropriated for capital expenditures, shall remain available until expended; "(C) the assets and liabilities recorded before such effective date under the 'Panama Canal Commission Fund' shall be recorded under the Panama Canal Revolving Fund; and r.jji J "(D) the Panama Canal Emergency Fund shall be terminated jj; and the remaining balance shall be transferred to the Panama Canal Revolving Fund. "(b) Upon completion of the transfers of funds under subsection (a)"(1) amounts attributable to interest on the investment of the ' "" ' ' '' United States in the Panama Canal which accrued before January 1, 1986, shall be transferred from the Panama Canal Revolving Fund to the general fund of the Treasury; and "(2) such amounts as were appropriated to the Commission in the fiscal year which ended September 30, 1980, and for which the Commission has not reimbursed the general fund of the ,,,„.,, Treasury, shall be transferred to the general fund of the b < - ". . Treasury. "(c)(1) There shall be deposited in the Panama Canal Revolving Fund, on a continuing basis, toll receipts and all other receipts of the Commission. Except as provided in section 1303 and subject to paragraph (2), no funds may be obligated or expended by the Commission in any fiscal year unless such obligation or expenditure has been specifically authorized by law. "(2) No funds may be obligated or expended by the Commission in any fiscal year for administrative expenses except to the extent or in such amounts as are provided in appropriations Acts. "(3) No funds may be authorized for the use of the Commission, or obligated or expended by the Commission in any fiscal year in excess of— "(A) the amount of revenues deposited in the Panama Canal ' Revolving Fund during such fiscal year, plus "(B) the amount of revenues deposited in the Panama Canal Revolving Fund before such fiscal year and remaining unexpended at the beginning of such fiscal year. Reports. Not later than 30 days after the end of each fiscal year, the Secretary of the Treasury shall report to the Congress the amount of revenues deposited in the Panama Canal Revolving Fund during such fiscal year. "(d) With the approval of the Secretary of the Treasury, the Commission may deposit amounts in the Panama Canal Revolving Fund in any Federal Reserve bank, any depository for public funds, or in such other places and in such manner as the Commission and the Secretary may agree. "(e) The Committee on Appropriations of each House of Congress shall review the annual budget of the Commission, including operations and capital expenditures.". (b) CONFORMING AMENDMENTS.—(1) The section heading for sec-

22 USC 3712.

tion 1302 is amended to read as follows:

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 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-273

"PANAMA CANAL REVOLVING F U N D ".

(2) The item relating to section 1302 in the table of contents of the Panama Canal Act of 1979 is amended to read as follows: "1302. Panama Canal Revolving Fund.". SEC. 5423. EMERGENCY AUTHORITY.

(a) GRANT OF AUTHORITY.—Section 1303 (22 U.S.C. 3713) is

amended to read as follows: "SEC. 1303. If authorizing legislation described in section 1302(c)(l) has not been enacted for a fiscal year, then the Commission may withdraw funds from the Panama Canal Revolving Fund in order to defray emergency expenses and to ensure the continuous, efficient, and safe operation of the Panama Canal, including expenses for capital projects. The authority of this section may not be used for administrative expenses. The authority of this section may be exercised only until authorizing legislation described in section 1302(c)(1) is enacted, or for a period of 24 months after the end of the fiscal year for which such authorizing legislation was last enacted, whichever occurs first. Within 60 days after the end of any calendar Reports. quarter in which expenditures are made under this section, the Commission shall report such expenditures to the appropriate committees of the Congress.". (b) CONFORMING AMENDMENTS.—(1) The section heading for section 1303 is amended by striking out " F U N D " and inserting in lieu 22 USC 3713. thereof "AUTHORITY".

(2) The item relating to section 1303 in the table of contents of the Panama Canal Act of 1979 is amended by striking out "fund" and inserting in lieu thereof "authority". SEC. 5424. BORROWING AUTHORITY.

(a) GRANT OF AUTHORITY.—Subchapter I of chapter 3 of title I (22 U.S.C. 3711 and following) is amended by adding at the end thereof the following new section: "BORROWING AUTHORITY

"SEC. 1304. (a) The Panama Canal Commission may borrow from 22 USC 3714. the Treasury, for any of the purposes of the Commission, not more than $100,000,000 outstanding at any time. For this purpose, the Commission may issue to the Secretary of the Treasury its notes or other obligations— "(1) which shall have maturities (of not later than December 31, 1999) agreed upon by the Commission and the Secretary of the Treasury, and "(2) which may be redeemable at the option of the Commission before maturity. "(h) Amounts borrowed under this section shall not be available for payments to Panama under Article XIII of the Panama Canal Treaty of 1977. "(c) Amounts borrowed under this section shall increase the investment of the United States in the Panama Canal, and repayment of such amounts shall decrease such investment. "(d) The Commission shall report to the Congress and to the Office Reports. of Management and Budget on each exercise of borrowing authority under this section.".

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(b) CONFORMING AMENDMENT.—The table of contents of the Panama Canal Act of 1979 is amended by inserting after the item relating to section 1303 the following: "1304. Borrowing authority.". SEC. 5425. CALCULATION OF INTEREST.

(a) CALCULATION OF INTEREST.—Section 1603 (22 U.S.C. 3793) is amended— (1) in subsection OJXIXA), by striking out "appropriations to the Commission made on or after the effective date of this Act" and inserting in lieu thereof "the Panama Canal Revolving Fund,"; (2) in subsection fl3)(2)(A), by striking out "covered into the Panama Canal Commission Fund pursuant to section 1302 of this Act" and inserting in lieu thereof "deposited in the Panama Canal Revolving Fund"; and (3) by adding at the end thereof the following new subsection: "(d) The Panama Canal Commission shall pay to the Treasury of the United States interest on the investment of the United States, as determined under this section. Such interest shall be deposited in the general fund of the Treasury.". SEC. 5426. PAYMENTS TO THE REPUBLIC OF PANAMA.

The second sentence of section 1341(e) (22 U.S.C. 3751(e)) is amended— (1) by striking out "and" before "(6)"; and (2) by inserting before the period ", and (7) amounts programmed to meet working capital requirements". SEC. 5427. BASES OF TOLLS.

Section 16020b) (22 U.S.C 3792(b)) is amended by inserting "working capital," after "depreciation,". SEC. 5428. TECHNICAL AND CONFORMING AMENDMENTS. (a) APPLIANCES FOR EMPLOYEES INJURED BEFORE SEPTEMBER 7,

1916.—Section 1246 (22 U.S.C. 3683) is amended by striking out "appropriated" and inserting in lieu thereof "available". (b) DISASTER REUEF.—Section 1343 (22 U.S.C. 3753) is amended by striking out "available funds appropriated" and inserting in lieu thereof "funds available". (c) CONGRESSIONAL RESTRAINTS ON PROPERTY TRANSFERS AND

TAX EXPENDITURES.—Section 1344(b)(4) (22 U.S.C. 375403X4)) is amended— (1) by striking out "appropriated to or" and inserting in lieu thereof "available"; and (2) by striking out "Panama Canal Commission Fund" and inserting in lieu thereof "Panama Canal Revolving Fund". (d) CIVIL SERVICE RETIREMENT AND DISABILITY FUND.—Section

8348(i)(2) of title 5, United States Code, is amended by striking out "The Secretary of the Treasury shall pay to the Fund from appropriations" and inserting in lieu thereof "The Panama Canal Commission shall pay to the Fund from funds available to it". (e) CANAL ZONE GOVERNMENT FUNDS.—Section 1301 (22 U.S.C.

3711) is amended— (1) by amending the second sentence to read as follows: "The Commission may, to the extent of funds available to it, pay

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claims or make payments chargeable to such accounts, upon proper audit of such claims or payments."; and (2) by striking out the third sentence. SEC. 5429. EFFECTIVE DATE.

22 USC 3683

This part and the amendments made by this part take effect on January 1, 1988.

Subtitle F—Abandoned Mine Funds in Wyoming SEC. 5501. ALLOCATION OF ABANDONED MINE RECLAMATION FUNDS IN WYOMING.

Notwithstanding any other provision of law, the State of Wyoming may, subject to a plan approved by the Governor, expend not more than $2,000,000 from its allocation of fiscal year 1987 appropriated funds under section 402(g) of Public Law 95-87 for direct assistance to citizens evacuated from their homes in the Rawhide and Horizon Subdivisions in Campbell County, Wyoming, due to hazards from methane and hydrogen sulfide gases.

Subtitle G—Nuclear Regulatory Commission User Fees SEC. 5601. USER FEES.

Section 760103)(1)(A) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (Public Law 99-272; 100 Stat. 147) is amended 42 USC 2213. by inserting "; except that for fiscal years 1988 and 1989, such percentage shall be increased an additional 6 percent of such costs plus all other assessments made by the Nuclear Regulatory Commission pursuant to House Joint Resolution 395, 100th Congress, 1st Session, as enacted; but in no event shall such percentage be less than a total of 45 percent of such costs in each such fiscal year" after "with respect to such fiscal year".

TITLE VI—CIVIL SERVICE AND POSTAL SERVICE PROGRAMS SEC. 6001. PARTIAL DEFERRED PAYMENT OF LUMP-SUM CREDIT FOR CERTAIN INDIVIDUALS ELECTING ALTERNATIVE FORMS OF ANNUITIES.

(a) IN GENERAL.—Notwithstanding any other provision of law, and except as provided in subsection (c), any lump-sum credit payable to an employee or Member pursuant to the election of an alternative form of annuity by such employee or Member under section 8343a or section 8420a of title 5, United States Code, shall be paid in accordance with the schedule under subsection (b) (instead of the schedule which would otherwise apply), if the commencement date of the annuity payable to such employee or Member occurs after January 3, 1988, and before October 1, 1989. 0>) SCHEDULE OF PAYMENTS.—The schedule of payment of any lump-sum credit subject to this section is as follows:

5 USC 8343a note.

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The Encyclopedia Americana (1920)/Lanier, Sidney

LANIER, Sidney, American poet: b. Macon, Ga., 3 Feb. 1842; d. Lynn, N. C., 7 Sept. 1881. His father, Robert Lanier, a lawyer of Macon, came from a family noted for a love of music and art. An ancestor, Jerome Lanier, a Huguenot refugee, was well known at the court of Queen Elizabeth as a musical composer; another forebear, Nicholas Lanier, was director of music at the court of James I and Charles I, and first marahal of the Society of Musicians incorporated at the Restoration. Sidney Lanier's mother, Mary Anderson, belonged to a prominent Virginia family also noted for decided talent for music and poetry. The poet's artistic temperament was therefore a direct inheritance. As a Child Lanier was passionately fond of music and without any instruction learned to play on the guitar, piano, flute and violin. A critic said of him in later years: “In his hands the flute was transformed into a voice that set heavenly harmonies into vibration.” This passion for music also showed itself in his keen sensitiveness to rhythmic effect. At 14 he entered the sophomore class of Oglethorpe College, Georgia, and after three years graduated with distinction. He was tutor in the college until the outbreak of the Civil War, when he joined the Confederate army as a private soldier. He fought in several important battles, was transferred to the signal service and finally became signal officer of a blockade runner. In the autumn of 1864 he was captured and confined in Point Look Prison. He had taken advantage of every leisure moment to pursue his studies in literature, modern languages and music, and during his long idle hours in prison he gained a complete mastery of the technique of the flute. He was released in February 1865 and made his way on foot to Macon, but the fatigue of the journey added to the previous hardships of camp and prison caused a severe illness which did irreparable damage to his lungs. The years that followed were years of hand-to-hand fight for a subsistence. For two years be was

clerk in a hotel in Montgomery, and there wrote his novel ‘Tiger Lilies,’ a book of power and promise, but hastily written and poorly sustained; he taught at Prattville, Ala., and studied and practised law with his father for five years in Macon. In December 1867 he married Miss Mary Day of Macon, and her belief in his genius, her willingness to endure with him privation and hardship made possible the valiant struggle and the achievement of the next 14 years. In the autmnn of 1873, after an unsuccessful attempt to re-establish his health by a winter in Texas, he determined to move to Baltimore, where he could find greater opportunities for culture. He played the flute in the Peabody orchestra; in the intervals of hemorrhage he wrote articles for magazines; he gave lectures on literature in private schools; and thus, with the generous aid of his father, he supplied the necessities of his family. His study of languages, of Anglo-Saxon and early English texts, of English and of foreign literature, was incessant and systematic. In February 1879 he was appointed lecturer on English literature at the Johns Hopkins University, and this position he held until his death. His two principal courses of lectures at the university are embodied in his ‘Science of English Verse’ (1879), a thorough and suggestive treatise on English metre, declaring that English verse depends on stress, not accent, and that it is based on certain easily recognized musical rhythms, and ‘The English Novel,’ a masterly treatment of the development of the idea of personality and its place m the modern novel. Again and again Lanier was driven by illness to Texas, to Florida, to North Carolina, but he was never idle; he studied much, he thought largely on all vital subjects, on love, life, art, economics, religion, and now and then he gave to the world poems of exquisite truth and beauty. In the spring of 1881 it became evident that the unequal fight was nearing its end, and as a last resort he tried tent life in the mountains of North Carolina. The last illness came at Lynn, in Polk County, and on a morning of early September he passed away.

Lanier's most important prose works besides those already mentioned are ‘The Boy's Froissart’ (1878); ‘The Boy's King Arthur’ (1880); ‘The Boy's Mabinogion’ (1881); ‘The Boy's Percy’ (1882); 'Shakespeare and his Forerunners' (1902). His best-known poems are ‘Hymus of the Marshes’ ‘Clover’; ‘The Song of the Chattahoochee’; ‘The Crystal’; ‘Corn’; ‘The Symphony’ and ‘The Centennial Meditation.’ The distinctive characteristics of his poetry are a wholesome outlook upon life, a constant recognition of the highest in character and in thought and a varied fresh and melodious rhythm. His passion for good and love, his robustness, his high conception of the meaning and power of the love of man and woman, proclaim his close kinship to Browning. In questions of social economics Lanier was abreast of his time; he believed in the rights of the individual, he hated the iron hand of unjust trade, but he realized that these problems must be solved in the “patient modern way.” He knew that the great poet must be an artist in sound and color, as well as a thinker, and that no labor was too arduous for perfecting verse forms; to attain perfection in his art the poet must make the mechanical verse fulfil its

vast possibilities, he must gain the mastery over inugination, so that imagination may become his servant. But for Lanier there was no art for art's sake; art was consecrated to man and to God. Like all true poets he lived near to nature, and he has described our Southern scenery with loving faithfulness warmed by vivid imagination. He has given new meaning to “our forests of live-oak beautifully braided and woven with intricate shades of the vine; to our broad fronded fern and keen-leaved canes.” The luxuriance of the Southern forests, the wealth of undergrowth, the warmth, the color, the singing birds live in his poetry, but there is no undue heat, no tropical languor. Whittier has not been more faithful to the rocky coasts, to the snowstorms of New England, than has Lanier to the South. His letters and complete poems were edited by his widow with a memoir by William Hayes Ward (New York 1881, 1884, 1906), with bibliography. Consult also ‘The Lanier Book’ (New York 1904), and Nims, ‘Sidney Lanier’ (Boston 1905). See ‘.’


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(1) 60 percent of the lump-sum credit shall be payable on the date on which, but for the enactment of this section, the full amount of the lump-sum credit would otherwise be payable. (2) The remainder of the lump-sum credit shall be payable on ,i f the date which occurs 12 months after the date described in paragraph (1). An amount payable in accordance with paragraph (2) shall be payable with interest, computed using the rate under section 8334(e)(3) of title 5, United States Code. Regulations. (c) EXCEPTIONS.—The Office of Personnel Management shall prescribe regulations under which this section shall not apply— (1) in the case of any individual who is separated from f' Government service involuntarily, other than for cause on charges of misconduct or delinquency; and (2) in the case of any individual as to whom the application of this section would be against equity and good conscience, due to a life-threatening affliction or other critical medical condition affecting such individual. (d) ANNUITY BENEFITS NOT AFFECTED.—Nothing in this section shall affect the commencement date, the amount, or any other aspect of any annuity benefits payable under section 8343a or section 8420a of title 5, United States Code. (e) DEFINITIONS.—For purposes of this section, the terms "lumpsum credit", "employee, and "Member" each has the meaning given such term by section 8331 or section 8401 of title 5, United States Code, as appropriate. 39 USC 2003 no<^e.

SEC. 6002. CONTRIBUTIONS BY THE UNITED STATES POSTAL SERVICE TO THE CIVIL SERVICE RETIREMENT AND DISABILITY FUND. (a) ESTABLISHMENT OF POSTAL SERVICE ESCROW FUND.—There is

established as a separate account in the United States Treasury, the "Postal Service Escrow Fund".'^ Such Fund shall— (1) have such amounts described under subsection (b)(2) deposited no later than October 31, 1988; (2) not be available for expenditures of any amounts therein during the existence of such Fund; and (3) cease to exist on October 1, 1989, and on such date all amounts deposited in such Fund under subsection (b)(2) shall be deposited in the Postal Service Fund established under section 2003 of title 39, United States Code. (b) DEPOSIT OF CERTAIN SAVINGS IN CERTAIN FUNDS.— (1) FISCAL YEAR 1988.—From all funds available to

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the United States Postal Service in fiscal year 1988, the Postal Service shall deposit into the Civil Service Retirement and Disability Fund established under section 8348 of title 5, United States Code, an amount of $350,000,000 in fiscal year 1988, in addition to any amount deposited pursuant to subsection (h) of such section. (2) FISCAL YEAR 1989.—From all funds available to the United States Postal Service in fiscal year 1989, the Postal Service shall deposit into the Postal Service Escrow Fund an amount of $465,000,000 no later than October 31, 1988. (c) CAPITAL LIMITATIONS FOR FISCAL YEARS 1988 AND 1989.— (1) The United States Postal Service may not make any commitment or obligation to expend any monies deposited in the Postal Service Fund established under section 2003 of title 39, United States Code, for the capital investment program— (A) in excess of $625,000,000 in fiscal year 1988; and "• Copy read "Fund." ".

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(B) in excess of $1,995,000,000 in fiscal year 1989. (2) CAPITAL INVESTMENT PROGRAMS.—For the purposes of paragraph (1) the term "capital investment program" shall include all investments in long-term assets and capital investment expenditures (including direct and indirect costs associated with such investments and expenditures, such as obligations through contracts). SEC. 6003. CONTRIBUTIONS BY THE UNITED STATES POSTAL SERVICE TO 5 USC 8906 note. THE EMPLOYEES HEALTH BENEFITS FUND. (a) CONTRIBUTIONS FOR CERTAIN ANNUITANTS OF THE UNITED

STATES POSTAL SERVICE.—As partial payment to the Employees

Health Benefits Fund established under section 8909 of title 5, United States Code, for benefits of certain annuitants and survivor annuitants (no portion of the cost of which was paid by the Postal Service before the date of enactment of this section) the Postal Service shall pay into the Employee Health Benefits Fund $160,000,000 in fiscal year 1988, and $270,000,000 in fiscal year 1989 in addition to any amount deposited into such Fund pursuant to section 8906 of such title 5 in each such fiscal year. (b) PAYMENT LIMITATIONS IN FISCAL YEARS 1988 AND 1989.—The

partial payment required by subsection (a) of this section shall— (1) be from all funds available to the United States Postal Service in each such fiscal year; (2) be from funds representing savings to the United States Postal Service resulting from savings from the operating budget of the United States Postal Service in each such fiscal year; and (3) be paid into such Fund in each such fiscal year, without— (A) increasing borrowing under section 2005 of title 39, United States Code; (B) using any budgetary resources other than budgetary resources derived from the operating budget of the United States Postal Service; or (C) increasing postal rates under chapter 36 of title 39, United States Code, for the purposes of financing such payment. (c) IMPLEMENTATION PLANS, PROGRESS REPORTS, AND COMPUANCE FOR FISCAL YEARS 1988 AND 1989.—

(1) IMPLEMENTATION.—No later than March 1, 1988 for fiscal year 1988, and October 1, 1988 for fiscal year 1989, the United States Postal Service shall— (A) formulate an implementation plan specifically enumerating the methods by which the Postal Service shall make the payments required under subsection (b) and fulfill the conditions required under paragraphs (1), (2), and (3) of such subsection; and (B) submit such plan to the Committee on Governmental •—h Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives. (2) INTERIM REPORT.—NO later than July 15, 1988 for fiscal " * year 1988, and March 1, 1989 for fiscal year 1989, the United States Postal Service shall submit an interim report to the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives on the status of meeting the guidelines and goals of the plans submitted under pargigraph (I)(B), and any adjustments necessary to meet the requirements under the

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provisions of subsection (b) of this section for each such fiscal year. (3) PRELIMINARY AUDIT AND REPORT BY THE GENERAL ACCOUNT-

ING OFFICE.—No later than September 1, 1988 for fiscal year 1988, and September 1, 1989 for fiscal year 1989, the General Accounting Office shall— (A) conduct an audit of the plans and adjustments to the plans submitted by the United States Postal Service under paragraphs (1) and (2) of this subsection and determine the extent of compliance of the Postal Service with such plans and the requirements of subsection (b) of this section; and (B) submit a report of such audit and determinations to the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives. ^° (4) DETERMINATION OF COMPLIANCE.—On October 31, 1988

for fiscal year 1988, and on October 31, 1989 for fiscal year 1989, the General Accounting Office shall— (A) make a final audit and determination of whether the United States Postal Service is in compliance with the requirements of subsection (b) of this section; (B) submit a final report for each such fiscal year on such compliance to the Committee on Governmental Affairs of the Senate and the Committee on Post Office and Civil Service of the House of Representatives; and (C) include in each final report submitted under subparagraph (B), such recommendations (if applicable) for any actions to enforce compliance with the provisions of subsection (b) of this section. (5) COMPLIANCE IN FISCAL YEARS 1988 AND 1989.—Based on the determination of compliance required by subsection (c)(4) of this section for fiscal years 1988 and 1989, the Congress shall (after receiving the recommendation of the General Accounting Office under paragraph (4)(C)) determine appropriate action, if necessary, to enforce compliance with any payment limitation under subsection (b) of this section. SEC. 6004. TECHNICAL CLARIFICATION.

For purposes of section 202 of the Balanced Budget and Emergency Deficit Reaffirmation Act of 1987, the amendments made by this title shall be considered an exception under subsection (b) of such section.

TITLE VII—VETERANS' PROGRAMS SEC. 7001. SALES OF VENDEE LOANS WITH OR WITHOUT RECOURSE.

Section 1816(d) of title 38, United States Code, is amended— (1) by redesignating paragraph (3) as subparagraph (C); (2) by inserting after paragraph (2) the following: "(3)(A) Before October 1, 1989, notes evidencing such loans may be sold with or without recourse as determined by the Administrator, with respect to specific proposed sales of such notes, to be in the best interest of the effective functioning of the loan guaranty program under this chapter, taking into consideration the comparative cost'° Paragraphs "(4)", "(A)", "(B)", and "(C)", indented wrong.

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effectiveness of each type of sale. In comparing the cost-effectiveness of conducting a proposed sale of such notes with recourse or without recourse, the Administrator shall, based on available estimates regarding likely market conditions and other pertinent factors as of the time of the sale, determine and consider— "(i) the average amount by which the selling price for such notes sold with recourse would exceed the selling price for such notes if sold without recourse; and "(ii) the total cost of selling such notes with recourse, • including— "(I) any estimated discount or premium; 1(« "(II) the projected cost, based on Veterans' Administration experience with the sale of notes evidencing vendee loans with recourse and the quality of the loans evidenced by the notes to be sold, of repurchasing defaulted notes; "(III) the total servicing cost with respect to repurchased notes, including the costs of taxes and insurance, collecting monthly payments, servicing delinquent accounts, and terminating insoluble loans; "(IV) the costs of managing and disposing of properties acquired as the result of defaults on such notes; "(V) the loss or gain on resale of such properties; and "(VI) any other cost determined appropriate by the Administrator. "(B) Not later than 60 days after making any sale described in Reports. subparagraph (A) of this paragraph occurring before October 1, 1989, the Administrator shall submit to the Committees on Veterans' Affairs of the Senate and the House of Representatives a report describing— "(i) the application of the provisions of such subparagraph, and each of the determinations required thereunder, in the case of such sale; "(ii) the results of the sale in comparison to the anticipated results; and "(iii) actions taken by the Administrator to facilitate the marketing of the notes involved."; and (3) in subparagraph (C), as redesignated by clause (1) of this section— (A) by striking out "The Administrator may sell any note securing" and inserting in lieu thereof "Beginning on October 1, 1989, the Administrator may sell any note evidencing"; and (B) by redesignating clauses (A) and (B) as clauses (i) and (ii), respectively. SEC. 7002. LOAN FEE EXTENSION.

Section 1829(c) of title 38, United States Code, is amended by striking out "1987" and inserting in lieu thereof "1989". SEC. 7003. CASH SALES OF PROPERTIES ACQUIRED THROUGH FORECLOSURES.

(a) IN GENERAL.—Section 1816(d)(l) of title 38, United States Code, is amended by striking out "not more than 75 percent, nor less than 60 percent," in the first sentence and inserting in lieu thereof "not more than 65 percent, nor less than 50 percent,'. O> EFFECTIVE DATE.—The amendment made by subsection (a) 38 USC 1816 t) shall take effect as of October 1, 1987. "ot^

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PUBLIC LAW 100-203—DEC. 22, 1987

SEC. 7004. STATUTORY CONSTRUCTION. (a) STATUTORY CONSTRUCTION FOR PURPOSES OF THE BALANCED BUDGET AND EMERGENCY DEFICIT CONTROL REAFFIRMATION ACT OF

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1987.—For the purposes of subsections (a) and (b) of section 202 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987 (Public Law 100-119), the amendments made by section 7003 achieve savings made possible by changes in program requirements. ^^ RULE FOR CONSTRUCTION OF DUPUCATE PROVISIONS.—In applying the provisions of this title and the provisions of the Veterans' Home Loan Program Improvements and Property Rehabilitation Act of 1987 which make the same amendments as the provisions of this title— (1) the identical provisions of title 38, United States Code, amended by the provisions of this title and the provisions of such Act shall be treated as having been amended only once; and (2) in executing to title 38, United States Code, the amendments made by this title and by such Act, such amendments shall be executed so as to appear only once in the law.

TITLE VIII—BUDGET POLICY AND FISCAL PROCEDURES SEC. 8001. DEFENSE AND DOMESTIC DISCRETIONARY SPENDING LIMITS.

(a) AGGREGATE ALLOCATIONS FOR DEFENSE.—The levels of budget authority and budget outlays for fiscal years 1988 and 1989 for major functional category 050 (National Defense) shall be: (1) Fiscal year 1988: (A) New budget authority, $292,000,000,000. (B) Outlays, $285,400,000,000. (2) Fiscal year 1989: (A) New budget authority, $299,500,000,000. (B) Outlays, $294,000,000,000. O> AGGREGATE ALLOCATIONS FOR DOMESTIC DISCRETIONARY SPENDt)

ING.—The levels of total budget authority and total budget outlays for fiscal years 1988 and 1989 for all discretionary spending in categories other than major functional category 050 (National Defense) shall be: (1) Fiscal year 1988: c, (A) New budget authority, $162,900,000,000. (B) Outlays, $176,800,000,000. (2) Fiscal year 1989: (A) New budget authority, $166,200,000,000. (B) Outlays, $185,300,000,000. (c) FISCAL YEAR 1989 BUDGET RESOLUTION.— (1) HOUSE OF REPRESENTATIVES.—The Committee on

the

Budget of the House of Representatives ® shall report a concur^ rent resolution on the budget for fiscal year 1989, pursuant to section 301 of the Congressional Budget Act of 1974, in accordance with the appropriate levels of budget authority and budget outlays for major functional category 050 (National Defense) and for all discretionary spending in categories other than •• Copy read "Representative".

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major functional category 050 as set forth in subsections (a)(2) and (b)(2). (2) P O I N T OF ORDER IN THE SENATE ON AGGREGATE ALLOCATIONS FOR DEFENSE A N D DOMESTIC DISCRETIONARY SPENDING FOR FISCAL YEAR 1989. —

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(A) Except as provided in subparagraph (E), it shall not be in order in the Senate to consider any concurrent resolution on the budget for fiscal year 1989 (including a conference report thereon), or any amendment to such a resolution, that would fail to be consistent with the allocations in subsections (a) and (b) for such fiscal year. (B) Subparagraph (A) may be waived or suspended by a vote of three-fifths of the Members of the Senate, duly chosen and sworn. (C) If the ruling of the presiding officer of the Senate sustains a point of order raised pursuant to subparagraph (A), a vote of three-fifths of the Members of the Senate, duly chosen and sworn, shall be required to sustain an appeal of such ruling. Debate on any such appeal shall be limited to two hours, to be equally divided between, and controlled by, the Majority and Minority Leaders, or their designees. (D) For purposes of this paragraph, the levels of new budget authority, spending authority as described in section 401(c)(2), outlays, and new credit authority for a fiscal year shall be determined on the basis of estimates made by the Committee on the Budget of the Senate. (E) This paragraph shall not apply if a declaration of war by the Congress is in effect or if a resolution pursuant to section 254(a) of the Balanced Budget and Emergency Deficit Control Act of 1985 has been enacted.

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(d) ALLOCATIONS PURSUANT TO FISCAL YEAR 1989 BUDGET RESOLU-

TION.—(1) The allocations required to be included in the joint explanatory statement accompanying the conference report on the concurrent resolution on the budget for fiscal year 1989, pursuant to section 302(a) of the Congressional Budget Act of 1974, shall be based upon the levels set forth in subsections (a)(2) and (b)(2) of this section. (2) The Committee on Appropriations of each House shall, after consulting with the Committee on Appropriations of the other House, make the subdivisions required under section 302(b)(1) of the Congressional Budget Act of 1974 consistent with the allocations in subsections (a)(2) and (b)(2) for fiscal year 1989. SEC. 8002. RESTORATION OF FUNDS SEQUESTERED.

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2 USC 902 note.

(a) ORDER RESCINDED.—Upon the enactment of this Act and House Joint Resolution 395,100th Congress,* ^ IQI session, the orders issued by the President on October 20, 1987, and November 20, 1987, pursuant to section 252 of the Balanced Budget and Emergency Deficit Control Act of 1985 are hereby rescinded. 3 CFR, 1987 (b) AMOUNTS RESTORED.—Except as otherwise provided in sections Comp., pp. 3ii, 4001, 4041(b), and 4061, any action taken to implement the orders referred to in subsection (a) shall be reversed, and any sequesterable resource that has been reduced or sequestered by such orders is hereby restored, revived, or released and shall be available to the
 * Copy read "Congres".

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same extent and for the same purpose as if the orders had not been issued. SEC. 8003. TECHNICAL AMENDMENTS TO THE CONGRESSIONAL BUDGET ACT OF 1974.

88 Stat. 297.

(a) REFERENCES IN SECTION.—Except as otherwise specifically provided, whenever in this section an amendment is expressed in terms of an amendment to or repeal of a section or other provision, the reference shall be considered to be made to that section or other provision of the Congressional Budget and Impoundment Control Act of 1974. (b) REVISION OF TABLE OF CONTENTS.—Section 1(b) is amended by striking "Disapproval of proposed deferrals" and inserting "Proposed deferrals'. (c) REDESIGNATION OF SUBPARAGRAPH HEADINGS.—Section 3(7) (as

2 USC 622.

2 USC 636.

amended by section 106(a) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) is amended by— (1) striking section 3(7)(C); (2) redesignating section 3(7)(D) as 3(7)(C); (3) redesignating section 3(7)(E) as 3(7)(D); (4) redesignating section 3(7)(F) as 3(7)(E); (5) redesignating section 3(7)(G) as 3(7)(F); (6) redesignating section 3(7)(H) as 3(7)(G); and (7) redesignating section 3(7)(1) as 3(7)(H). (d) GRAMMATICAL CLARIFICATION OF SECTION 305(c).—Section 305(c) (as amended by section 209 of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) is amended by inserting a comma after "therewith". (e) SUBSTITUTION OF "PROPOSED" FOR "MADE" WITH REGARD TO

AMENDMENTS IN COMMITTEE.—Section 252(c)(2)(F)(ii) of the Balanced

2 USC 902.

2 USC 901.

1 USC 106 note.

Budget and Emergency Deficit Control Act of 1985 (as amended by section 102(a) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) is amended by striking "made" and inserting "proposed". (f) CLARIFICATION OF BUDGET BASELINE.—Section 251(a)(6)(B) of the Balanced Budget and Emergency Deficit Control Act of 1985 (as amended by section 102(a) of the Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987) is amended by striking out "and" before "contract authority" and by inserting before the semicolon at the end thereof the following: ", and that authority to provide insurance through the Federal Housing Administration Fund is continued". SEC. 8004. PREPARATION OF PRINTED ENROLLED BILL.

(a) PREPARATION OF PRINTED ENROLLMENT.—(1) Upon the enactment of this Act enrolled as a hand enrollment, the Clerk of the House of Representatives shall prepare a printed enrollment of this Act as in the case of a bill or joint resolution to which sections 106 and 107 of title 1, United States Code, apply. Such enrollment shall be a correct enrollment of this Act as enrolled in the hand enrollment. (2) A printed enrollment prepared pursuant to paragraph (1) may, in order to conform to customary style for printed laws, include corrections in spelling, punctuation, indentation, type face, and type size and other necessary stylistic corrections to the hand enrollment. Such a printed enrollment shall include notations (in the margins or as otherwise appropriate) of all such corrections. o^a

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