[United States Statutes at Large, Volume 119, 109th Congress, 1st Session]
[From the U.S. Government Publishing Office, www.gpo.gov]

119 STAT. 2120

Public Law 109-97
109th Congress

An Act


 
Making appropriations for Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies for the fiscal year ending
September 30, 2006, and for other purposes.  NOTE: Nov. 10,
2005 -  [H.R. 2744]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,  NOTE: Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2006.  That the following sums are appropriated,
out of any money in the Treasury not otherwise appropriated, for
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies programs for the fiscal year ending September 30, 2006,
and for other purposes, namely:

TITLE I

AGRICULTURAL PROGRAMS

Production, Processing and Marketing

Office of the Secretary

For necessary expenses of the Office of the Secretary of
Agriculture, $5,127,000: Provided, That not to exceed $11,000 of this
amount shall be available for official reception and representation
expenses, not otherwise provided for, as determined by the Secretary.

Executive Operations


chief economist


For necessary expenses of the Chief Economist, including economic
analysis, risk assessment, cost-benefit analysis, energy and new uses,
and the functions of the World Agricultural Outlook Board, as authorized
by the Agricultural Marketing Act of 1946 (7 U.S.C. 1622g), $10,539,000.


National Appeals Division


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


Office of Budget and Program Analysis


For necessary expenses of the Office of Budget and Program Analysis,
$8,298,000.

[[Page 2121]]
119 STAT. 2121

Homeland Security Staff


For necessary expenses of the Homeland Security Staff, $934,000.

Office of the Chief Information Officer

For necessary expenses of the Office of the Chief Information
Officer, $16,462,000.

Common Computing Environment

For necessary expenses to acquire a Common Computing Environment for
the Natural Resources Conservation Service, the Farm and Foreign
Agricultural Service, and Rural Development mission areas for
information technology, systems, and services, $110,072,000, to remain
available until expended, for the capital asset acquisition of shared
information technology systems, including services as authorized by 7
U.S.C. 6915-16 and 40 U.S.C. 1421-28: Provided, That obligation of these
funds shall be consistent with the Department of Agriculture Service
Center Modernization Plan of the county-based agencies, and shall be
with the concurrence of the Department's Chief Information
Officer:  NOTE: Utah.  Provided further, That of the funds provided
under this section, the Secretary shall acquire one meter natural color
digital ortho-imagery of the entire state of Utah.

Office of the Chief Financial Officer

For necessary expenses of the Office of the Chief Financial Officer,
$5,874,000: Provided,  NOTE: 7 USC 2279h.  That hereafter the Chief
Financial Officer shall actively market and expand cross-servicing
activities of the National Finance Center: Provided further, That no
funds made available by this appropriation may be obligated for FAIR Act
or Circular A-76 activities until the Secretary has submitted to the
Committees on Appropriations of both Houses of Congress and the
Committee on Government Reform of the House of Representatives a report
on the Department's contracting out policies, including agency budgets
for contracting out.

Office of the Assistant Secretary for Civil Rights

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

Office of Civil Rights

For necessary expenses of the Office of Civil Rights, $20,109,000.

Office of the Assistant Secretary for Administration

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

[[Page 2122]]
119 STAT. 2122

Agriculture Buildings and Facilities and Rental Payments


(including transfers of funds)


For payment of space rental and related costs pursuant to Public Law
92-313, including authorities pursuant to the 1984 delegation of
authority from the Administrator of General Services to the Department
of Agriculture under 40 U.S.C. 486, for programs and activities of the
Department which are included in this Act, and for alterations and other
actions needed for the Department and its agencies to consolidate
unneeded space into configurations suitable for release to the
Administrator of General Services, and for the operation, maintenance,
improvement, and repair of Agriculture buildings and facilities, and for
related costs, $187,734,000, to remain available until expended, as
follows: for payments to the General Services Administration and the
Department of Homeland Security for building security, $147,734,000, and
for buildings operations and maintenance,
$40,000,000:  NOTE: Notification.  Provided, That amounts which are
made available for space rental and related costs for the Department of
Agriculture in this Act may be transferred between such appropriations
to cover the costs of additional, new, or replacement space 15 days
after notice thereof is transmitted to the Appropriations Committees of
both Houses of Congress.

Hazardous Materials Management


(including transfers of funds)


For necessary expenses of the Department of Agriculture, to comply
with the Comprehensive Environmental Response, Compensation, and
Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and
Recovery Act (42 U.S.C. 6901 et seq.), $12,000,000, to remain available
until expended: Provided, That appropriations and funds available herein
to the Department for Hazardous Materials Management may be transferred
to any agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.

Departmental Administration


(including transfers of funds)


For Departmental Administration, $23,103,000, to provide for
necessary expenses for management support services to offices of the
Department and for general administration, security, repairs and
alterations, and other miscellaneous supplies and expenses not otherwise
provided for and necessary for the practical and efficient work of the
Department: Provided, That this appropriation shall be reimbursed from
applicable appropriations in this Act for travel expenses incident to
the holding of hearings as required by 5 U.S.C. 551-558.

Office of the Assistant Secretary for Congressional Relations


(INCLUDING TRANSFERS OF FUNDS)


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

[[Page 2123]]
119 STAT. 2123

funded by this Act, including programs involving intergovernmental
affairs and liaison within the executive branch, $3,821,000: Provided,
That these funds may be transferred to agencies of the Department of
Agriculture funded by this Act to maintain personnel at the agency
level:  NOTE: Notification. Deadline.  Provided further, That no funds
made available by this appropriation may be obligated after 30 days from
the date of enactment of this Act, unless the Secretary has notified the
Committees on Appropriations of both Houses of Congress on the
allocation of these funds by USDA agency: Provided further, That no
other funds appropriated to the Department by this Act shall be
available to the Department for support of activities of congressional
relations.

Office of Communications

For necessary expenses to carry out services relating to the
coordination of programs involving public affairs, for the dissemination
of agricultural information, and the coordination of information, work,
and programs authorized by Congress in the Department, $9,509,000:
Provided, That not to exceed $2,000,000 may be used for farmers'
bulletins.

Office of the Inspector General

For necessary expenses of the Office of the Inspector General,
including employment pursuant to the Inspector General Act of 1978,
$80,336,000, including such sums as may be necessary for contracting and
other arrangements with public agencies and private persons pursuant to
section 6(a)(9) of the Inspector General Act of 1978, and including not
to exceed $125,000 for certain confidential operational expenses,
including the payment of informants, to be expended under the direction
of the Inspector General pursuant to Public Law 95-452 and section 1337
of Public Law 97-98.

Office of the General Counsel

For necessary expenses of the Office of the General Counsel,
$39,351,000.

Office of the Under Secretary for Research, Education and Economics

For necessary salaries and expenses of the Office of the Under
Secretary for Research, Education and Economics to administer the laws
enacted by the Congress for the Economic Research Service, the National
Agricultural Statistics Service, the Agricultural Research Service, and
the Cooperative State Research, Education, and Extension Service,
$598,000.

Economic Research Service

For necessary expenses of the Economic Research Service in
conducting economic research and analysis, $75,931,000: Provided, That
none of the funds made available by this Act or any other Act may be
used by the Department of Agriculture to publish, disseminate, or
distribute, internally or externally, Agriculture Information Bulletin
Number 787:  NOTE: Contracts. Reports.  Provided further, That of the


[[Page 2124]]
119 STAT. 2124

funds provided to the Economic Research Service, the Secretary of
Agriculture shall use $350,000 to enter into an agreement for a
comprehensive report on the economic development and current status of
the sheep industry in the United States to be prepared by the National
Academy of Sciences.

National Agricultural Statistics Service

For necessary expenses of the National Agricultural Statistics
Service in conducting statistical reporting and service work,
$140,700,000, of which up to $29,115,000 shall be available until
expended for the Census of Agriculture.

Agricultural Research Service


Salaries and Expenses


For necessary expenses to enable the Agricultural Research Service
to perform agricultural research and demonstration relating to
production, utilization, marketing, and distribution (not otherwise
provided for); home economics or nutrition and consumer use including
the acquisition, preservation, and dissemination of agricultural
information; and for acquisition of lands by donation, exchange, or
purchase at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be equalized
by a payment of money to the grantor which shall not exceed 25 percent
of the total value of the land or interests transferred out of Federal
ownership, $1,135,004,000: Provided,  NOTE: 7 USC 2254.  That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one for
replacement only: Provided further, That appropriations hereunder shall
be available pursuant to 7 U.S.C. 2250 for the construction, alteration,
and repair of buildings and improvements, but unless otherwise provided,
the cost of constructing any one building shall not exceed $375,000,
except for headhouses or greenhouses which shall each be limited to
$1,200,000, and except for 10 buildings to be constructed or improved at
a cost not to exceed $750,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $375,000, whichever is
greater: Provided further,  NOTE: Maryland.  That the limitations on
alterations contained in this Act shall not apply to modernization or
replacement of existing facilities at Beltsville, Maryland: Provided
further, That appropriations hereunder shall be available for granting
easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement
of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C.
113a): Provided further, That the foregoing limitations shall not apply
to the purchase of land at Florence, South Carolina: Provided further,
That funds may be received from any State, other political subdivision,
organization, or individual for the purpose of establishing or operating
any research facility or research project of the Agricultural Research
Service, as authorized by law:  NOTE: Colorado. Contracts.  Provided
further, That the Secretary, through the Agricultural Research Service,
or successor, is authorized to lease approximately 40 acres of land at
the Central Plains Experiment Station, Nunn, Colorado, to the Board of
Governors of the Colorado State University System, for its Shortgrass
Steppe Biological Field Station, on such terms

[[Page 2125]]
119 STAT. 2125

and conditions as the Secretary deems in the public interest: Provided
further, That the Secretary understands that it is the intent of the
University to construct research and educational buildings on the
subject acreage and to conduct agricultural research and educational
activities in these buildings: Provided further, That as consideration
for a lease, the Secretary may accept the benefits of mutual cooperative
research to be conducted by the Colorado State University and the
Government at the Shortgrass Steppe Biological Field Station: Provided
further, That the term of any lease shall be for no more than 20 years,
but a lease may be renewed at the option of the Secretary on such terms
and conditions as the Secretary deems in the public interest: Provided
further, That the Agricultural Research Service may convey all rights
and title of the United States, to a parcel of land comprising 19 acres,
more or less, located in Section 2, Township 18 North, Range 14 East in
Oktibbeha County, Mississippi, originally conveyed by the Board of
Trustees of the Institution of Higher Learning of the State of
Mississippi, and described in instruments recorded in Deed Book 306 at
pages 553-554, Deed Book 319 at page 219, and Deed Book 33 at page 115,
of the public land records of Oktibbeha County, Mississippi, including
facilities, and fixed equipment, to the Mississippi State University,
Starkville, Mississippi, in their ``as is'' condition, when vacated by
the Agricultural Research Service:  NOTE: Tobacco and tobacco
products.  Provided further, That none of the funds appropriated under
this heading shall be available to carry out research related to the
production, processing, or marketing of tobacco or tobacco products.


Buildings and Facilities


For acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities as
necessary to carry out the agricultural research programs of the
Department of Agriculture, where not otherwise provided, $131,195,000,
to remain available until expended.

Cooperative State Research, Education, and Extension Service


Research and Education Activities


For payments to agricultural experiment stations, for cooperative
forestry and other research, for facilities, and for other expenses,
$676,849,000, as follows: to carry out the provisions of the Hatch Act
of 1887 (7 U.S.C. 361a-i), $178,757,000; for grants for cooperative
forestry research (16 U.S.C. 582a through a-7), $22,230,000; for
payments to the 1890 land-grant colleges, including Tuskegee University
and West Virginia State University (7 U.S.C. 3222), $37,591,000, of
which $1,507,496 shall be made available only for the purpose of
ensuring that each institution shall receive no less than $1,000,000;
for special grants for agricultural research (7 U.S.C. 450i(c)),
$128,223,000; for special grants for agricultural research on improved
pest control (7 U.S.C. 450i(c)), $14,798,000; for competitive research
grants (7 U.S.C. 450i(b)), $183,000,000; for the support of animal
health and disease programs (7 U.S.C. 3195), $5,057,000; for
supplemental and alternative crops and products (7 U.S.C. 3319d),
$1,187,000; for grants for research pursuant to the Critical
Agricultural Materials Act (7 U.S.C. 178 et seq.),

[[Page 2126]]
119 STAT. 2126

$1,102,000, to remain available until expended; for the 1994 research
grants program for 1994 institutions pursuant to section 536 of Public
Law 103-382 (7 U.S.C. 301 note), $1,039,000, to remain available until
expended; for rangeland research grants (7 U.S.C. 3333), $1,000,000; for
higher education graduate fellowship grants (7 U.S.C. 3152(b)(6)),
$3,738,000, to remain available until expended (7 U.S.C. 2209b); for a
veterinary medicine loan repayment program pursuant to section 1415A of
the National Agricultural Research, Extension, and Teaching Policy Act
of 1977 (7 U.S.C. 3101 et seq.), $500,000; for higher education
challenge grants (7 U.S.C. 3152(b)(1)), $5,478,000; for a higher
education multicultural scholars program (7 U.S.C. 3152(b)(5)),
$998,000, to remain available until expended (7 U.S.C. 2209b); for an
education grants program for Hispanic-serving Institutions (7 U.S.C.
3241), $6,000,000; for noncompetitive grants for the purpose of carrying
out all provisions of 7 U.S.C. 3242 (section 759 of Public Law 106-78)
to individual eligible institutions or consortia of eligible
institutions in Alaska and in Hawaii, with funds awarded equally to each
of the States of Alaska and Hawaii, $3,250,000; for a secondary
agriculture education program and 2-year post-secondary education (7
U.S.C. 3152(j)), $1,000,000; for aquaculture grants (7 U.S.C. 3322),
$3,968,000; for sustainable agriculture research and education (7 U.S.C.
5811), $12,400,000; for a program of capacity building grants (7 U.S.C.
3152(b)(4)) to colleges eligible to receive funds under the Act of
August 30, 1890 (7 U.S.C. 321-326 and 328), including Tuskegee
University and West Virginia State University, $12,312,000, to remain
available until expended (7 U.S.C. 2209b); for payments to the 1994
Institutions pursuant to section 534(a)(1) of Public Law 103-382,
$2,250,000; for resident instruction grants for insular areas under
section 1491 of the National Agricultural Research, Extension, and
Teaching Policy Act of 1977 (7 U.S.C. 3363), $500,000; and for necessary
expenses of Research and Education Activities, $50,471,000, of which
$2,587,000 for the Research, Education, and Economics Information System
and $2,051,000 for the Electronic Grants Information System, are to
remain available until expended: Provided,  NOTE: Tobacco and tobacco
products.  That none of the funds appropriated under this heading shall
be available to carry out research related to the production,
processing, or marketing of tobacco or tobacco products: Provided
further, That this paragraph shall not apply to research on the medical,
biotechnological, food, and industrial uses of tobacco.


Native American Institutions Endowment Fund


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


Extension Activities


For payments to States, the District of Columbia, Puerto Rico, Guam,
the Virgin Islands, Micronesia, Northern Marianas, and American Samoa,
$455,955,000, as follows: payments for cooperative extension work under
the Smith-Lever Act, to be distributed under sections 3(b) and 3(c) of
said Act, and under section 208(c) of Public Law 93-471, for retirement
and employees' compensation costs for extension agents, $275,730,000;
payments for extension work at the 1994 Institutions under the Smith-
Lever Act (7 U.S.C.

[[Page 2127]]
119 STAT. 2127

343(b)(3)), $3,273,000; payments for the nutrition and family education
program for low-income areas under section 3(d) of the Act, $62,634,000;
payments for the pest management program under section 3(d) of the Act,
$9,960,000; payments for the farm safety program under section 3(d) of
the Act, $4,563,000; payments for New Technologies for Ag Extension
under Section 3(d) of the Act, $1,500,000; payments to upgrade research,
extension, and teaching facilities at the 1890 land-grant colleges,
including Tuskegee University and West Virginia State University, as
authorized by section 1447 of Public Law 95-113 (7 U.S.C. 3222b),
$16,777,000, to remain available until expended; payments for youth-at-
risk programs under section 3(d) of the Smith-Lever Act, $7,728,000; for
youth farm safety education and certification extension grants, to be
awarded competitively under section 3(d) of the Act, $444,000; payments
for carrying out the provisions of the Renewable Resources Extension Act
of 1978 (16 U.S.C. 1671 et seq.), $4,060,000; payments for Indian
reservation agents under section 3(d) of the Smith-Lever Act,
$1,996,000; payments for sustainable agriculture programs under section
3(d) of the Act, $4,067,000; payments for rural health and safety
education as authorized by section 502(i) of Public Law 92-419 (7 U.S.C.
2662(i)), $1,965,000; payments for cooperative extension work by the
colleges receiving the benefits of the second Morrill Act (7 U.S.C. 321-
326 and 328) and Tuskegee University and West Virginia State University,
$33,868,000, of which $1,724,884 shall be made available only for the
purpose of ensuring that each institution shall receive no less than
$1,000,000; for grants to youth organizations pursuant to section 7630
of title 7, United States Code, $2,000,000; and for necessary expenses
of Extension Activities, $25,390,000.


Integrated Activities


For the integrated research, education, and extension grants
programs, including necessary administrative expenses, $55,792,000, as
follows: for competitive grants programs authorized under section 406 of
the Agricultural Research, Extension, and Education Reform Act of 1998
(7 U.S.C. 7626), $45,792,000, including $12,867,000 for the water
quality program, $14,847,000 for the food safety program, $4,167,000 for
the regional pest management centers program, $4,464,000 for the Food
Quality Protection Act risk mitigation program for major food crop
systems, $1,389,000 for the crops affected by Food Quality Protection
Act implementation, $3,106,000 for the methyl bromide transition
program, and $1,874,000 for the organic transition program; for a
competitive international science and education grants program
authorized under section 1459A of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3292b), to remain
available until expended, $1,000,000; for grants programs authorized
under section 2(c)(1)(B) of Public Law 89-106, as amended, $744,000, to
remain available until September 30, 2007 for the critical issues
program, and $1,334,000 for the regional rural development centers
program; and $10,000,000 for the Food and Agriculture Defense Initiative
authorized under section 1484 of the National Agricultural Research,
Extension, and Teaching Act of 1977, to remain available until September
30, 2007.

[[Page 2128]]
119 STAT. 2128

Outreach for Socially Disadvantaged Farmers


For grants and contracts pursuant to section 2501 of the Food,
Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 2279),
$6,000,000, to remain available until expended.

Office of the Under Secretary for Marketing and Regulatory Programs

For necessary salaries and expenses of the Office of the Under
Secretary for Marketing and Regulatory Programs to administer programs
under the laws enacted by the Congress for the Animal and Plant Health
Inspection Service; the Agricultural Marketing Service; and the Grain
Inspection, Packers and Stockyards Administration; $724,000.

Animal and Plant Health Inspection Service


Salaries and Expenses


(including transfers of funds)


For expenses, not otherwise provided for, necessary to prevent,
control, and eradicate pests and plant and animal diseases; to carry out
inspection, quarantine, and regulatory activities; and to protect the
environment, as authorized by law, $815,461,000, of which $4,140,000
shall be available for the control of outbreaks of insects, plant
diseases, animal diseases and for control of pest animals and birds to
the extent necessary to meet emergency conditions; of which $39,000,000
shall be used for the boll weevil eradication program for cost share
purposes or for debt retirement for active eradication zones; of which
$33,340,000 shall be available for a National Animal Identification
program: Provided, That no funds shall be used to formulate or
administer a brucellosis eradication program for the current fiscal year
that does not require minimum matching by the States of at least 40
percent: Provided further, That this appropriation shall be available
for the operation and maintenance of aircraft and the purchase of not to
exceed four, of which two shall be for replacement only: Provided
further, That, in addition, in emergencies which threaten any segment of
the agricultural production industry of this country, the Secretary may
transfer from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to
be available only in such emergencies for the arrest and eradication of
contagious or infectious disease or pests of animals, poultry, or
plants, and for expenses in accordance with sections 10411 and 10417 of
the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections
431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and
any unexpended balances of funds transferred for such emergency purposes
in the preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall be
available pursuant to law (7 U.S.C. 2250) for the repair and alteration
of leased buildings and improvements, but unless otherwise provided the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.

[[Page 2129]]
119 STAT. 2129

In fiscal year 2006, the agency is authorized to collect fees to
cover the total costs of providing technical assistance, goods, or
services requested by States, other political subdivisions, domestic and
international organizations, foreign governments, or individuals,
provided that such fees are structured such that any entity's liability
for such fees is reasonably based on the technical assistance, goods, or
services provided to the entity by the agency, and such fees shall be
credited to this account, to remain available until expended, without
further appropriation, for providing such assistance, goods, or
services.


Buildings and Facilities


For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and purchase
of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and
acquisition of land as authorized by 7 U.S.C. 428a, $4,996,000, to
remain available until expended.

Agricultural Marketing Service


Marketing Services


For necessary expenses to carry out services related to consumer
protection, agricultural marketing and distribution, transportation, and
regulatory programs, as authorized by law, and for administration and
coordination of payments to States, $75,376,000, including funds for the
wholesale market development program for the design and development of
wholesale and farmer market facilities for the major metropolitan areas
of the country: Provided, That this appropriation shall be available
pursuant to law (7 U.S.C. 2250) for the alteration and repair of
buildings and improvements, but the cost of altering any one building
during the fiscal year shall not exceed 10 percent of the current
replacement value of the building.
Fees may be collected for the cost of standardization activities, as
established by regulation pursuant to law (31 U.S.C. 9701).


limitation on administrative expenses


Not to exceed $65,667,000 (from fees collected) shall be obligated
during the current fiscal year for administrative expenses:
Provided,  NOTE: Notification.  That if crop size is understated and/
or other uncontrollable events occur, the agency may exceed this
limitation by up to 10 percent with notification to the Committees on
Appropriations of both Houses of Congress.


Funds for Strengthening Markets, Income, and Supply (Section 32)


(including transfers of funds)


Funds available under section 32 of the Act of August 24, 1935 (7
U.S.C. 612c), shall be used only for commodity program expenses as
authorized therein, and other related operating expenses, including not
less than $20,000,000 for replacement of a system to support commodity
purchases, except for: (1) transfers to the Department of Commerce as
authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers
otherwise provided

[[Page 2130]]
119 STAT. 2130

in this Act; and (3) not more than $16,055,000 for formulation and
administration of marketing agreements and orders pursuant to the
Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of
1961.


Payments to States and Possessions


For payments to departments of agriculture, bureaus and departments
of markets, and similar agencies for marketing activities under section
204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)),
$3,847,000, of which not less than $2,500,000 shall be used to make a
grant under this heading.

Grain Inspection, Packers and Stockyards Administration


Salaries and Expenses


For necessary expenses to carry out the provisions of the United
States Grain Standards Act, for the administration of the Packers and
Stockyards Act, for certifying procedures used to protect purchasers of
farm products, and the standardization activities related to grain under
the Agricultural Marketing Act of 1946, $38,443,000: Provided, That this
appropriation shall be available pursuant to law (7 U.S.C. 2250) for the
alteration and repair of buildings and improvements, but the cost of
altering any one building during the fiscal year shall not exceed 10
percent of the current replacement value of the building.


Limitation on Inspection and Weighing Services Expenses


Not to exceed $42,463,000 (from fees collected) shall be obligated
during the current fiscal year for inspection and weighing
services:  NOTE: Notification.  Provided, That if grain export
activities require additional supervision and oversight, or other
uncontrollable factors occur, this limitation may be exceeded by up to
10 percent with notification to the Committees on Appropriations of both
Houses of Congress.

Office of the Under Secretary for Food Safety

For necessary salaries and expenses of the Office of the Under
Secretary for Food Safety to administer the laws enacted by the Congress
for the Food Safety and Inspection Service, $602,000.

Food Safety and Inspection Service

For necessary expenses to carry out services authorized by the
Federal Meat Inspection Act, the Poultry Products Inspection Act, and
the Egg Products Inspection Act, including not to exceed $50,000 for
representation allowances and for expenses pursuant to section 8 of the
Act approved August 3, 1956 (7 U.S.C. 1766), $837,756,000, of which no
less than $753,252,000 shall be available for Federal food safety
inspection; and in addition, $1,000,000 may be credited to this account
from fees collected for the cost of laboratory accreditation as
authorized by section 1327 of the Food, Agriculture, Conservation and
Trade Act of 1990 (7 U.S.C. 138f): Provided, That no fewer than 63 full
time equivalent positions above the fiscal year 2002 level shall be
employed during fiscal year 2006 for purposes dedicated solely to
inspections and enforcement related to the Humane Methods of Slaughter
Act:  NOTE: Notification.  Provided further,


[[Page 2131]]
119 STAT. 2131

That of the amount available under this heading, notwithstanding section
704 of this Act $4,000,000, available until September 30, 2007, shall be
obligated to include the Humane Animal Tracking System as part of the
Field Automation and Information Management System following
notification to the Committees on Appropriations, which shall include a
detailed explanation of the components of such system: Provided further,
That of the total amount made available under this heading, no less than
$20,653,000 shall be obligated for regulatory and scientific training:
Provided further, That this appropriation shall be available pursuant to
law (7 U.S.C. 2250) for the alteration and repair of buildings and
improvements, but the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement value
of the building.

Office of the Under Secretary for Farm and Foreign Agricultural Services

For necessary salaries and expenses of the Office of the Under
Secretary for Farm and Foreign Agricultural Services to administer the
laws enacted by Congress for the Farm Service Agency, the Foreign
Agricultural Service, the Risk Management Agency, and the Commodity
Credit Corporation, $635,000.

Farm Service Agency


Salaries and Expenses


(including transfers of funds)


For necessary expenses for carrying out the administration and
implementation of programs administered by the Farm Service Agency,
$1,030,000,000: Provided, That the Secretary is authorized to use the
services, facilities, and authorities (but not the funds) of the
Commodity Credit Corporation to make program payments for all programs
administered by the Agency: Provided further, That other funds made
available to the Agency for authorized activities may be advanced to and
merged with this  NOTE: Deadlines. Public
information. Notification.  account: Provided further, That none of the
funds made available by this Act may be used to pay the salaries or
expenses of any officer or employee of the Department of Agriculture to
close any local or county office of the Farm Service Agency unless the
Secretary of Agriculture, not later than 30 days after the date on which
the Secretary proposed the closure, holds a public meeting about the
proposed closure in the county in which the local or county office is
located, and, after the public meeting but not later than 120 days
before the date on which the Secretary approves the closure, notifies
the Committee on Agriculture and the Committee on Appropriations of the
House of Representatives and the Committee on Agriculture, Nutrition,
and Forestry and the Committee on Appropriations of the Senate, and the
members of Congress from the State in which the local or county office
is located of the proposed closure.


State Mediation Grants


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

[[Page 2132]]
119 STAT. 2132

GRASSROOTS SOURCE WATER PROTECTION PROGRAM


For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act of
1985 (16 U.S.C. 3839bb-2), $3,750,000, to remain available until
expended.


Dairy Indemnity Program


(including transfer of funds)


For necessary expenses involved in making indemnity payments to
dairy farmers and manufacturers of dairy products under a dairy
indemnity program, $100,000, to remain available until expended:
Provided, That such program is carried out by the Secretary in the same
manner as the dairy indemnity program described in the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2001 (Public Law 106-387, 114 Stat. 1549A-12).


Agricultural Credit Insurance Fund Program Account


(including transfers of funds)


For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7
U.S.C. 1941 et seq.) loans, Indian tribe land acquisition loans (25
U.S.C. 488), and boll weevil loans (7 U.S.C. 1989), to be available from
funds in the Agricultural Credit Insurance Fund, as follows: farm
ownership loans, $1,608,000,000, of which $1,400,000,000 shall be for
guaranteed loans and $208,000,000 shall be for direct loans; operating
loans, $2,074,632,000, of which $1,150,000,000 shall be for unsubsidized
guaranteed loans, $274,632,000 shall be for subsidized guaranteed loans
and $650,000,000 shall be for direct loans; Indian tribe land
acquisition loans, $2,020,000; and for boll weevil eradication program
loans, $100,000,000: Provided, That the Secretary shall deem the pink
bollworm to be a boll weevil for the purpose of boll weevil eradication
program loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans as defined in section 502 of the Congressional Budget
Act of 1974, as follows: farm ownership loans, $17,370,000, of which
$6,720,000 shall be for guaranteed loans, and $10,650,000 shall be for
direct loans; operating loans, $133,849,000, of which $34,845,000 shall
be for unsubsidized guaranteed loans, $34,329,000 shall be for
subsidized guaranteed loans, and $64,675,000 shall be for direct loans;
and Indian tribe land acquisition loans, $81,000.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $312,591,000, of which $304,591,000
shall be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.
Funds appropriated by this Act to the Agricultural Credit Insurance
Program Account for farm ownership and operating direct loans and
guaranteed loans may be transferred among these
programs:  NOTE: Notification.  Provided, That the Committees on
Appropriations of both Houses of Congress are notified at least 15 days
in advance of any transfer.

[[Page 2133]]
119 STAT. 2133

Risk Management Agency

For administrative and operating expenses, as authorized by section
226A of the Department of Agriculture Reorganization Act of 1994 (7
U.S.C. 6933), $77,048,000: Provided, That not to exceed $1,000 shall be
available for official reception and representation expenses, as
authorized by 7 U.S.C. 1506(i).

CORPORATIONS

The following corporations and agencies are hereby authorized to
make expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accord with law, and
to make contracts and commitments without regard to fiscal year
limitations as provided by section 104 of the Government Corporation
Control Act as may be necessary in carrying out the programs set forth
in the budget for the current fiscal year for such corporation or
agency, except as hereinafter provided.

Federal Crop Insurance Corporation Fund

For payments as authorized by section 516 of the Federal Crop
Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain
available until expended.

Commodity Credit Corporation Fund


reimbursement for net realized losses


For the current fiscal year, such sums as may be necessary to
reimburse the Commodity Credit Corporation for net realized losses
sustained, but not previously reimbursed, pursuant to section 2 of the
Act of August 17, 1961 (15 U.S.C. 713a-11): Provided, That of the funds
available to the Commodity Credit Corporation under section 11 of the
Commodity Credit Corporation Charter Act (15 U.S.C 714i) for the conduct
of its business with the Foreign Agricultural Service, up to $5,000,000
may be transferred to and used by the Foreign Agricultural Service for
information resource management activities of the Foreign Agricultural
Service that are not related to Commodity Credit Corporation business.


hazardous waste management


(limitation on expenses)


For the current fiscal year, the Commodity Credit Corporation shall
not expend more than $5,000,000 for site investigation and cleanup
expenses, and operations and maintenance expenses to comply with the
requirement of section 107(g) of the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and
section 6001 of the Resource Conservation and Recovery Act (42 U.S.C.
6961).

[[Page 2134]]
119 STAT. 2134

TITLE II

CONSERVATION PROGRAMS

Office of the Under Secretary for Natural Resources and Environment

For necessary salaries and expenses of the Office of the Under
Secretary for Natural Resources and Environment to administer the laws
enacted by the Congress for the Forest Service and the Natural Resources
Conservation Service, $744,000.

Natural Resources Conservation Service


Conservation Operations


For necessary expenses for carrying out the provisions of the Act of
April 27, 1935 (16 U.S.C. 590a-f), including preparation of conservation
plans and establishment of measures to conserve soil and water
(including farm irrigation and land drainage and such special measures
for soil and water management as may be necessary to prevent floods and
the siltation of reservoirs and to control agricultural related
pollutants); operation of conservation plant materials centers;
classification and mapping of soil; dissemination of information;
acquisition of lands, water, and interests therein for use in the plant
materials program by donation, exchange, or purchase at a nominal cost
not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C.
428a); purchase and erection or alteration or improvement of permanent
and temporary buildings; and operation and maintenance of aircraft,
$839,519,000, to remain available until May 31, 2007, of which not less
than $10,650,000 is for snow survey and water forecasting, and not less
than $10,547,000 is for operation and establishment of the plant
materials centers, and of which not less than $27,500,000 shall be for
the grazing lands conservation initiative: Provided, That appropriations
hereunder shall be available pursuant to 7 U.S.C. 2250 for construction
and improvement of buildings and public improvements at plant materials
centers, except that the cost of alterations and improvements to other
buildings and other public improvements shall not exceed $250,000:
Provided further, That when buildings or other structures are erected on
non-Federal land, that the right to use such land is obtained as
provided in 7 U.S.C. 2250a: Provided further, That this appropriation
shall be available for technical assistance and related expenses to
carry out programs authorized by section 202(c) of title II of the
Colorado River Basin Salinity Control Act of 1974 (43 U.S.C. 1592(c)):
Provided further, That qualified local engineers may be temporarily
employed at per diem rates to perform the technical planning work of the
Service.


Watershed Surveys and Planning


For necessary expenses to conduct research, investigation, and
surveys of watersheds of rivers and other waterways, and for small
watershed investigations and planning, in accordance with the Watershed
Protection and Flood Prevention Act (16 U.S.C. 1001-1009), $6,083,000.

[[Page 2135]]
119 STAT. 2135

Watershed and Flood Prevention Operations


For necessary expenses to carry out preventive measures, including
but not limited to research, engineering operations, methods of
cultivation, the growing of vegetation, rehabilitation of existing works
and changes in use of land, in accordance with the Watershed Protection
and Flood Prevention Act (16 U.S.C. 1001-1005 and 1007-1009), the
provisions of the Act of April 27, 1935 (16 U.S.C. 590a-f), and in
accordance with the provisions of laws relating to the activities of the
Department, $75,000,000, to remain available until expended; of which up
to $10,000,000 may be available for the watersheds authorized under the
Flood Control Act (33 U.S.C. 701 and 16 U.S.C. 1006a): Provided, That
not to exceed $30,000,000 of this appropriation shall be available for
technical assistance: Provided further, That not to exceed $1,000,000 of
this appropriation is available to carry out the purposes of the
Endangered Species Act of 1973 (Public Law 93-205), including
cooperative efforts as contemplated by that Act to relocate endangered
or threatened species to other suitable habitats as may be necessary to
expedite project construction.


Watershed Rehabilitation Program


For necessary expenses to carry out rehabilitation of structural
measures, in accordance with section 14 of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012), and in accordance with the
provisions of laws relating to the activities of the Department,
$31,561,000, to remain available until expended.


Resource Conservation and Development


For necessary expenses in planning and carrying out projects for
resource conservation and development and for sound land use pursuant to
the provisions of sections 31 and 32 of the Bankhead-Jones Farm Tenant
Act (7 U.S.C. 1010-1011; 76 Stat. 607); the Act of April 27, 1935 (16
U.S.C. 590a-f); and subtitle H of title XV of the Agriculture and Food
Act of 1981 (16 U.S.C. 3451-3461), $51,300,000, to remain available
until expended:  NOTE: Contracts. Deadline.  Provided, That the
Secretary shall enter into a cooperative or contribution agreement,
within 45 days of enactment of this Act, with a national association
regarding a Resource Conservation and Development program and such
agreement shall contain the same matching, contribution requirements,
and funding level, set forth in a similar cooperative or contribution
agreement with a national association in fiscal year 2002: Provided
further, That not to exceed $3,411,000 shall be available for national
headquarters activities.

TITLE III

RURAL DEVELOPMENT PROGRAMS

Office of the Under Secretary for Rural Development

For necessary salaries and expenses of the Office of the Under
Secretary for Rural Development to administer programs under the laws
enacted by the Congress for the Rural Housing Service, the Rural
Business-Cooperative Service, and the Rural Utilities Service, $635,000.

[[Page 2136]]
119 STAT. 2136

Rural Community Advancement Program


(including transfers of funds)


For the cost of direct loans, loan guarantees, and grants, as
authorized by 7 U.S.C. 1926, 1926a, 1926c, 1926d, and 1932, except for
sections 381E-H and 381N of the Consolidated Farm and Rural Development
Act, $701,941,000, to remain available until expended, of which
$82,620,000 shall be for rural community programs described in section
381E(d)(1) of such Act; of which $530,100,000 shall be for the rural
utilities programs described in sections 381E(d)(2), 306C(a)(2), and
306D of such Act, of which not to exceed $500,000 shall be available for
the rural utilities program described in section 306(a)(2)(B) of such
Act, and of which not to exceed $1,000,000 shall be available for the
rural utilities program described in section 306E of such Act; and of
which $89,221,000 shall be for the rural business and cooperative
development programs described in sections 381E(d)(3) and 310B(f) of
such Act: Provided, That of the total amount appropriated in this
account, $25,000,000 shall be for loans and grants to benefit Federally
Recognized Native American Tribes, including grants for drinking water
and waste disposal systems pursuant to section 306C of such Act, of
which $4,464,000 shall be available for community facilities grants to
tribal colleges, as authorized by section 306(a)(19) of the Consolidated
Farm and Rural Development Act, and of which $250,000 shall be available
for a grant to a qualified national organization to provide technical
assistance for rural transportation in order to promote economic
development: Provided further, That of the amount appropriated for rural
community programs, $6,350,000 shall be available for a Rural Community
Development Initiative: Provided further, That such funds shall be used
solely to develop the capacity and ability of private, nonprofit
community-based housing and community development organizations, low-
income rural communities, and Federally Recognized Native American
Tribes to undertake projects to improve housing, community facilities,
community and economic development projects in rural areas: Provided
further, That such funds shall be made available to qualified private,
nonprofit and public intermediary organizations proposing to carry out a
program of financial and technical assistance: Provided further, That
such intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That of the amount
appropriated for the rural business and cooperative development
programs, not to exceed $500,000 shall be made available for a grant to
a qualified national organization to provide technical assistance for
rural transportation in order to promote economic development;
$2,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C.
1921 et seq.) for any purpose under this heading: Provided further, That
of the amount appropriated for rural utilities programs, not to exceed
$25,000,000 shall be for water and waste disposal systems to benefit the
Colonias along the United States/Mexico border, including grants
pursuant to section 306C of such Act; $25,000,000 shall be for water and
waste disposal systems for rural and native villages in Alaska pursuant
to section 306D of such Act, with up to 2 percent available to
administer the program and/or improve interagency coordination may be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses'', of

[[Page 2137]]
119 STAT. 2137

which $100,000 shall be provided to develop a regional system for
centralized billing, operation, and management of rural water and sewer
utilities through regional cooperatives, of which 25 percent shall be
provided for water and sewer projects in regional hubs, and the State of
Alaska shall provide a 25 percent cost share, and grantees may use up to
5 percent of grant funds, not to exceed $35,000 per community, for the
completion of comprehensive community safe water plans; not to exceed
$18,250,000 shall be for technical assistance grants for rural water and
waste systems pursuant to section 306(a)(14) of such Act, unless the
Secretary makes a determination of extreme need, of which $5,600,000
shall be for Rural Community Assistance Programs and not less than
$850,000 shall be for a qualified national Native American organization
to provide technical assistance for rural water systems for tribal
communities; and not to exceed $13,750,000 shall be for contracting with
qualified national organizations for a circuit rider program to provide
technical assistance for rural water systems: Provided further, That of
the total amount appropriated, not to exceed $21,367,000 shall be
available through June 30, 2006, for authorized empowerment zones and
enterprise communities and communities designated by the Secretary of
Agriculture as Rural Economic Area Partnership Zones; of which
$1,067,000 shall be for the rural community programs described in
section 381E(d)(1) of such Act, of which $12,000,000 shall be for the
rural utilities programs described in section 381E(d)(2) of such Act,
and of which $8,300,000 shall be for the rural business and cooperative
development programs described in section 381E(d)(3) of such Act:
Provided further, That of the amount appropriated for rural community
programs, $18,000,000 shall be to provide grants for facilities in rural
communities with extreme unemployment and severe economic depression
(Public Law 106-387), with 5 percent for administration and capacity
building in the State rural development offices: Provided further, That
of the amount appropriated, $26,000,000 shall be transferred to and
merged with the ``Rural Utilities Service, High Energy Cost Grants
Account'' to provide grants authorized under section 19 of the Rural
Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any
prior year balances for high cost energy grants authorized by section 19
of the Rural Electrification Act of 1936 (7 U.S.C. 901(19)) shall be
transferred to and merged with the ``Rural Utilities Service, High
Energy Costs Grants Account''.

Rural Development Salaries and Expenses


(including transfers of funds)


For necessary expenses for carrying out the administration and
implementation of programs in the Rural Development mission area,
including activities with institutions concerning the development and
operation of agricultural cooperatives; and for cooperative agreements;
$164,625,000: Provided, That of the funds appropriated under this title
for salaries and expenses, $11,147,000, to remain available until
September 30, 2007, shall be used to complete the consolidation of Rural
Development activities in St. Louis, Missouri: Provided further, That
notwithstanding any other provision of law, funds appropriated under
this section may be used for advertising and promotional activities that
support the Rural Development mission area: Provided further, That not
more than $10,000 may

[[Page 2138]]
119 STAT. 2138

be expended to provide modest nonmonetary awards to non-USDA employees:
Provided further, That any balances available from prior years for the
Rural Utilities Service, Rural Housing Service, and the Rural Business-
Cooperative Service salaries and expenses accounts shall be transferred
to and merged with this appropriation.

Rural Housing Service


Rural Housing Insurance Fund Program Account


(including transfers of funds)


For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of 1949, to
be available from funds in the rural housing insurance fund, as follows:
$4,821,832,000 for loans to section 502 borrowers, as determined by the
Secretary, of which $1,140,799,000 shall be for direct loans, and of
which $3,681,033,000 shall be for unsubsidized guaranteed loans;
$35,000,000 for section 504 housing repair loans; $100,000,000 for
section 515 rental housing; $100,000,000 for section 538 guaranteed
multi-family housing loans; $5,000,000 for section 524 site loans;
$11,500,000 for credit sales of acquired property, of which up to
$1,500,000 may be for multi-family credit sales; and $5,048,000 for
section 523 self-help housing land development loans.
For the cost of direct and guaranteed loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974, as follows: section 502 loans, $170,837,000, of which
$129,937,000 shall be for direct loans, and of which $40,900,000, to
remain available until expended, shall be for unsubsidized guaranteed
loans; section 504 housing repair loans, $10,238,000; repair,
rehabilitation, and new construction of section 515 rental housing,
$45,880,000; section 538 multi-family housing guaranteed loans,
$5,420,000; multi-family credit sales of acquired property, $681,000;
and section 523 self-help housing and development loans, $52,000:
Provided, That of the total amount appropriated in this paragraph,
$2,500,000 shall be available through June 30, 2006, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones: Provided further,  NOTE: Alaska.  That any funds under this
paragraph initially allocated by the Secretary for housing projects in
the State of Alaska that are not obligated by September 30, 2006, shall
be carried over until September 30, 2007, and made available for such
housing projects only in the State of Alaska.

For additional costs to conduct a demonstration program for the
preservation and revitalization of the section 515 multi-family rental
housing properties, $9,000,000: Provided, That funding made available
under this heading shall be used to restructure existing section 515
loans, as the Secretary deems appropriate, expressly for the purposes of
ensuring the project has sufficient resources to preserve the project
for the purpose of providing safe and affordable housing for low-income
residents including reducing or eliminating interest; deferring loan
payments, subordinating, reducing or reamortizing loan debt; and other
financial assistance including advances and incentives required by the
Secretary.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $454,809,000, which

[[Page 2139]]
119 STAT. 2139

shall be transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses'', of which not less than $1,000,000
shall be made available for the Secretary to contract with third parties
to acquire the necessary automation and technical services needed to
restructure section 515 mortgages.


Rental Assistance Program


For rental assistance agreements entered into or renewed pursuant to
the authority under section 521(a)(2) or agreements entered into in lieu
of debt forgiveness or payments for eligible households as authorized by
section 502(c)(5)(D) of the Housing Act of 1949, $653,102,000; and, in
addition, such sums as may be necessary, as authorized by section 521(c)
of the Act, to liquidate debt incurred prior to fiscal year 1992 to
carry out the rental assistance program under section 521(a)(2) of the
Act: Provided, That of this amount, up to $8,000,000 shall be available
for debt forgiveness or payments for eligible households as authorized
by section 502(c)(5)(D) of the Act, and not to exceed $50,000 per
project for advances to nonprofit organizations or public agencies to
cover direct costs (other than purchase price) incurred in purchasing
projects pursuant to section 502(c)(5)(C) of the Act: Provided further,
That agreements entered into or renewed during the current fiscal year
shall be funded for a four-year period: Provided further, That any
unexpended balances remaining at the end of such four-year agreements
may be transferred and used for the purposes of any debt reduction;
maintenance, repair, or rehabilitation of any existing projects;
preservation; and rental assistance activities authorized under title V
of the Act: Provided further, That rental assistance that is recovered
from projects that are subject to prepayment shall be deobligated and
reallocated for vouchers and debt forgiveness or payments consistent
with the requirements of this Act for purposes authorized under section
542 and section 502(c)(5)(D) of the Housing Act of 1949, as amended.


Rural Housing Voucher Program


For the rural housing voucher program as authorized under section
542 of the Housing Act of 1949, (without regard to section 542(b)),
$16,000,000, to remain available until expended: Provided, That such
vouchers shall be available to any low-income household (including those
not receiving rental assistance) residing in a property financed with a
section 515 loan which has been prepaid after September 30, 2005:
Provided further, That the amount of the voucher shall be the difference
between comparable market rent for the section 515 unit and the tenant
paid rent for such unit: Provided further, That funds made available for
such vouchers, shall be subject to the availability of annual
appropriations: Provided further, That the Secretary shall, to the
maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable for section 8 housing
vouchers administered by the Secretary of the Department of Housing and
Urban Development (including the ability to pay administrative costs
related to delivery of the voucher funds).

[[Page 2140]]
119 STAT. 2140

Mutual and Self-Help Housing Grants


For grants and contracts pursuant to section 523(b)(1)(A) of the
Housing Act of 1949 (42 U.S.C. 1490c), $34,000,000, to remain available
until expended: Provided, That of the total amount appropriated,
$1,000,000 shall be available through June 30, 2006, for authorized
empowerment zones and enterprise communities and communities designated
by the Secretary of Agriculture as Rural Economic Area Partnership
Zones.


Rural Housing Assistance Grants


For grants and contracts for very low-income housing repair,
supervisory and technical assistance, compensation for construction
defects, and rural housing preservation made by the Rural Housing
Service, as authorized by 42 U.S.C. 1474, 1479(c), 1490e, and 1490m,
$43,976,000, to remain available until expended: Provided, That
$2,976,000 shall be made available for loans to private non-profit
organizations, or such non-profit organizations' affiliate loan funds
and State and local housing finance agencies, to carry out a housing
demonstration program to provide revolving loans for the preservation of
low-income multi-family housing projects: Provided further, That loans
under such demonstration program shall have an interest rate of not more
than 1 percent direct loan to the recipient: Provided further, That the
Secretary may defer the interest and principal payment to the Rural
Housing Service for up to 3 years and the term of such loans shall not
exceed 30 years: Provided further, That of the total amount
appropriated, $1,200,000 shall be available through June 30, 2006, for
authorized empowerment zones and enterprise communities and communities
designated by the Secretary of Agriculture as Rural Economic Area
Partnership Zones.


Farm Labor Program Account


For the cost of direct loans, grants, and contracts, as authorized
by 42 U.S.C. 1484 and 1486, $31,168,000, to remain available until
expended, for direct farm labor housing loans and domestic farm labor
housing grants and contracts.

Rural Business--Cooperative Service


Rural Development Loan Fund Program Account


(including transfer of funds)


For the principal amount of direct loans, as authorized by the Rural
Development Loan Fund (42 U.S.C. 9812(a)), $34,212,000.
For the cost of direct loans, $14,718,000, as authorized by the
Rural Development Loan Fund (42 U.S.C. 9812(a)), of which $1,724,000
shall be available through June 30, 2006, for Federally Recognized
Native American Tribes and of which $3,449,000 shall be available
through June 30, 2006, for Mississippi Delta Region counties (as
determined in accordance with Public Law 100-460): Provided, That of
such amount made available, the Secretary may provide up to $1,500,000
for the Delta Regional Authority (7 U.S.C. 1921 et seq.): Provided
further, That such costs, including the cost of modifying such loans,
shall be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That

[[Page 2141]]
119 STAT. 2141

of the total amount appropriated, $887,000 shall be available through
June 30, 2006, for the cost of direct loans for authorized empowerment
zones and enterprise communities and communities designated by the
Secretary of Agriculture as Rural Economic Area Partnership Zones.
In addition, for administrative expenses to carry out the direct
loan programs, $4,793,000 shall be transferred to and merged with the
appropriation for ``Rural Development, Salaries and Expenses''.


Rural Economic Development Loans Program Account


(including rescission of funds)


For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$25,003,000.
For the cost of direct loans, including the cost of modifying loans
as defined in section 502 of the Congressional Budget Act of 1974,
$4,993,000, to remain available until expended.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification Act
of 1936, $170,000,000 shall not be obligated and $170,000,000 are
rescinded.


Rural Cooperative Development Grants


For rural cooperative development grants authorized under section
310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C.
1932), $29,488,000, of which $500,000 shall be for a cooperative
research agreement with a qualified academic institution to conduct
research on the national economic impact of all types of cooperatives;
and of which $2,500,000 shall be for cooperative agreements for the
appropriate technology transfer for rural areas program: Provided, That
not to exceed $1,488,000 shall be for cooperatives or associations of
cooperatives whose primary focus is to provide assistance to small,
minority producers and whose governing board and/or membership is
comprised of at least 75 percent minority; and of which $20,500,000, to
remain available until expended, shall be for value-added agricultural
product market development grants, as authorized by section 6401 of the
Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1621 note).


Rural Empowerment Zones and Enterprise Communities Grants


For grants in connection with second and third rounds of empowerment
zones and enterprise communities, $11,200,000, to remain available until
expended, for designated rural empowerment zones and rural enterprise
communities, as authorized by the Taxpayer Relief Act of 1997 and the
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(Public Law 105-277): Provided, That of the funds appropriated,
$1,000,000 shall be made available to third round empowerment zones, as
authorized by the Community Renewal Tax Relief Act (Public Law 106-554).


Renewable Energy Program


For the cost of a program of direct loans, loan guarantees, and
grants, under the same terms and conditions as authorized

[[Page 2142]]
119 STAT. 2142

by section 9006 of the Farm Security and Rural Investment Act of 2002 (7
U.S.C. 8106), $23,000,000 for direct and guaranteed renewable energy
loans and grants: Provided, That the cost of direct loans and loan
guarantees, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974.

Rural Utilities Service


Rural Electrification and Telecommunications Loans Program Account


(including transfer of funds)


Insured loans pursuant to the authority of section 305 of the Rural
Electrification Act of 1936 (7 U.S.C. 935) shall be made as follows: 5
percent rural electrification loans, $100,000,000; municipal rate rural
electric loans, $100,000,000; loans made pursuant to section 306 of that
Act, rural electric, $2,700,000,000; Treasury rate direct electric
loans, $1,000,000,000; guaranteed underwriting loans pursuant to section
313A, $1,500,000,000; 5 percent rural telecommunications loans,
$145,000,000; cost of money rural telecommunications loans,
$424,000,000; and for loans made pursuant to section 306 of that Act,
rural telecommunications loans, $125,000,000.
For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, including the cost of modifying loans, of direct and
guaranteed loans authorized by sections 305 and 306 of the Rural
Electrification Act of 1936 (7 U.S.C. 935 and 936), as follows: cost of
rural electric loans, $6,160,000, and the cost of telecommunications
loans, $212,000: Provided, That notwithstanding section 305(d)(2) of the
Rural Electrification Act of 1936, borrower interest rates may exceed 7
percent per year.
In addition, for administrative expenses necessary to carry out the
direct and guaranteed loan programs, $38,784,000 which shall be
transferred to and merged with the appropriation for ``Rural
Development, Salaries and Expenses''.


Rural Telephone Bank Program Account


(including transfer and rescission of funds)


The Rural Telephone Bank is hereby authorized to make such
expenditures, within the limits of funds available to such corporation
in accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as may be necessary in carrying out
its authorized programs.
For administrative expenses, including audits, necessary to continue
to service existing loans, $2,500,000, which shall be transferred to and
merged with the appropriation for ``Rural Development, Salaries and
Expenses''.
Of the unobligated balances from the Rural Telephone Bank
Liquidating Account, $2,500,000 shall not be obligated and $2,500,000
are rescinded.

[[Page 2143]]
119 STAT. 2143

Distance Learning, Telemedicine, and Broadband Program


For the principal amount of direct distance learning and
telemedicine loans, $25,000,000; and for the principal amount of
broadband telecommunication loans, $500,000,000.
For the cost of direct loans and grants for telemedicine and
distance learning services in rural areas, as authorized by 7 U.S.C.
950aaa et seq., $30,375,000, to remain available until expended, of
which $375,000 shall be for direct loans: Provided, That the cost of
direct loans shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That $5,000,000 shall be made
available to convert analog to digital operation those noncommercial
educational television broadcast stations that serve rural areas and are
qualified for Community Service Grants by the Corporation for Public
Broadcasting under section 396(k) of the Communications Act of 1934,
including associated translators and repeaters, regardless of the
location of their main transmitter, studio-to-transmitter links, and
equipment to allow local control over digital content and programming
through the use of high-definition broadcast, multi-casting and
datacasting technologies.
For the cost of broadband loans, as authorized by 7 U.S.C. 901 et
seq., $10,750,000, to remain available until September 30, 2007:
Provided, That the interest rate for such loans shall be the cost of
borrowing to the Department of the Treasury for obligations of
comparable maturity: Provided further, That the cost of direct loans
shall be as defined in section 502 of the Congressional Budget Act of
1974.
In addition, $9,000,000, to remain available until expended, for a
grant program to finance broadband transmission in rural areas eligible
for Distance Learning and Telemedicine Program benefits authorized by 7
U.S.C. 950aaa.

TITLE IV

DOMESTIC FOOD PROGRAMS

Office of the Under Secretary for Food, Nutrition and Consumer Services

For necessary salaries and expenses of the Office of the Under
Secretary for Food, Nutrition and Consumer Services to administer the
laws enacted by the Congress for the Food and Nutrition Service,
$599,000.

Food and Nutrition Service


Child Nutrition Programs


(including transfers of funds)


For necessary expenses to carry out the National School Lunch Act
(42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21;
$12,660,829,000, to remain available through September 30, 2007, of
which $7,473,208,000 is hereby appropriated and $5,187,621,000 shall be
derived by transfer from funds available under section 32 of the Act of
August 24, 1935 (7 U.S.C. 612c): Provided, That none of the funds made
available under this heading

[[Page 2144]]
119 STAT. 2144

shall be used for studies and evaluations: Provided further, That up to
$5,235,000 shall be available for independent verification of school
food service claims.


Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)


For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition Act
of 1966 (42 U.S.C. 1786), $5,257,000,000, to remain available through
September 30, 2007, of which such sums as are necessary to restore the
contingency reserve to $125,000,000 shall be placed in reserve, to
remain available until expended, to be allocated as the Secretary deems
necessary, notwithstanding section 17(i) of such Act, to support
participation should cost or participation exceed budget estimates:
Provided, That of the total amount available, the Secretary shall
obligate not less than $15,000,000 for a breastfeeding support
initiative in addition to the activities specified in section
17(h)(3)(A): Provided further, That only the provisions of section
17(h)(10)(B)(i) and section 17(h)(10)(B)(ii) shall be effective in 2006;
including $14,000,000 for the purposes specified in section
17(h)(10)(B)(i) and $20,000,000 for the purposes specified in section
17(h)(10)(B)(ii): Provided further, That funds made available for the
purposes specified in section 17(h)(10)(B)(ii) shall only be made
available upon a determination by the Secretary that funds are available
to meet caseload requirements without the use of the contingency reserve
funds: Provided further, That none of the funds made available under
this heading shall be used for studies and evaluations: Provided
further, That none of the funds in this Act shall be available to pay
administrative expenses of WIC clinics except those that have an
announced policy of prohibiting smoking within the space used to carry
out the program: Provided further, That none of the funds provided in
this account shall be available for the purchase of infant formula
except in accordance with the cost containment and competitive bidding
requirements specified in section 17 of such Act: Provided further, That
none of the funds provided shall be available for activities that are
not fully reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act.


Food Stamp Program


For necessary expenses to carry out the Food Stamp Act (7 U.S.C.
2011 et seq.), $40,711,395,000, of which $3,000,000,000 to remain
available through September 30, 2007, shall be placed in reserve for use
only in such amounts and at such times as may become necessary to carry
out program operations: Provided, That none of the funds made available
under this heading shall be used for studies and evaluations: Provided
further, That of the funds made available under this heading and not
already appropriated to the Food Distribution Program on Indian
Reservations (FDPIR) established under section 4(b) of the Food Stamp
Act of 1977 (7 U.S.C. 2013(b)), not less than $3,000,000 shall be used
to purchase bison meat for the FDPIR from Native American bison
producers as well as from producer-owned cooperatives of bison ranchers:
Provided further, That funds provided herein shall be expended in
accordance with section 16 of the Food Stamp Act: Provided
further,  NOTE: Workfare.  That this appropriation shall be subject to
any


[[Page 2145]]
119 STAT. 2145

work registration or workfare requirements as may be required by law:
Provided further, That funds made available for Employment and Training
under this heading shall remain available until expended, as authorized
by section 16(h)(1) of the Food Stamp Act: Provided further, That
notwithstanding section 5(d) of the Food Stamp Act of 1977, any
additional payment received under chapter 5 of title 37, United States
Code, by a member of the United States Armed Forces deployed to a
designated combat zone shall be excluded from household income for the
duration of the member's deployment if the additional pay is the result
of deployment to or while serving in a combat zone, and it was not
received immediately prior to serving in the combat zone.


Commodity Assistance Program


For necessary expenses to carry out disaster assistance and the
commodity supplemental food program as authorized by section 4(a) of the
Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note);
the Emergency Food Assistance Act of 1983; special assistance (in a form
determined by the Secretary of Agriculture) for the nuclear affected
islands, as authorized by section 103(f)(2) of the Compact of Free
Association Amendments Act of 2003 (Public Law 108-188); and the
Farmers' Market Nutrition Program, as authorized by section 17(m) of the
Child Nutrition Act of 1966, $179,366,000, to remain available through
September 30, 2007: Provided, That none of these funds shall be
available to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding any other
provision of law, effective with funds made available in fiscal year
2006 to support the Seniors Farmers' Market Nutrition Program, as
authorized by section 4402 of Public Law 107-171, such funds shall
remain available through September 30, 2007: Provided further, That of
the funds made available under section 27(a) of the Food Stamp Act of
1977 (7 U.S.C. 2011 et seq.), the Secretary may use up to $10,000,000
for costs associated with the distribution of commodities.


Nutrition Programs Administration


For necessary administrative expenses of the domestic nutrition
assistance programs funded under this Act, $140,761,000.

TITLE V

FOREIGN ASSISTANCE AND RELATED PROGRAMS

Foreign Agricultural Service


Salaries and Expenses


(including transfers of funds)


For necessary expenses of the Foreign Agricultural Service,
including carrying out title VI of the Agricultural Act of 1954 (7
U.S.C. 1761-1768), market development activities abroad, and for
enabling the Secretary to coordinate and integrate activities of the
Department in connection with foreign agricultural work, including not
to exceed $158,000 for representation allowances and for expenses
pursuant to section 8 of the Act approved August

[[Page 2146]]
119 STAT. 2146

3, 1956 (7 U.S.C. 1766), $147,901,000: Provided, That the Service may
utilize advances of funds, or reimburse this appropriation for
expenditures made on behalf of Federal agencies, public and private
organizations and institutions under agreements executed pursuant to the
agricultural food production assistance programs (7 U.S.C. 1737) and the
foreign assistance programs of the United States Agency for
International Development.


Public Law 480 Title I Direct Credit and Food for Progress Program
Account


(including transfers of funds)


For the cost, as defined in section 502 of the Congressional Budget
Act of 1974, of agreements under the Agricultural Trade Development and
Assistance Act of 1954, and the Food for Progress Act of 1985, including
the cost of modifying credit arrangements under said Acts, $65,040,000,
to remain available until expended: Provided, That the Secretary of
Agriculture may implement a commodity monetization program under
existing provisions of the Food for Progress Act of 1985 to provide no
less than $5,000,000 in local-currency funding support for rural
electrification development overseas.
In addition, for administrative expenses to carry out the credit
program of title I, Public Law 83-480, and the Food for Progress Act of
1985, to the extent funds appropriated for Public Law 83-480 are
utilized, $3,385,000, of which $168,000 may be transferred to and merged
with the appropriation for ``Foreign Agricultural Service, Salaries and
Expenses'', and of which $3,217,000 may be transferred to and merged
with the appropriation for ``Farm Service Agency, Salaries and
Expenses''.


Public Law 480 Title I Ocean Freight Differential Grants


(including transfer of funds)


For ocean freight differential costs for the shipment of
agricultural commodities under title I of the Agricultural Trade
Development and Assistance Act of 1954 and under the Food for Progress
Act of 1985, $11,940,000, to remain available until expended: Provided,
That funds made available for the cost of agreements under title I of
the Agricultural Trade Development and Assistance Act of 1954 and for
title I ocean freight differential may be used interchangeably between
the two accounts with prior notice to the Committees on Appropriations
of both Houses of Congress.


Public Law 480 Title II Grants


For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years' costs, including interest
thereon, under the Agricultural Trade Development and Assistance Act of
1954, for commodities supplied in connection with dispositions abroad
under title II of said Act, $1,150,000,000, to remain available until
expended.

[[Page 2147]]
119 STAT. 2147

Commodity Credit Corporation Export Loans Program Account


(including transfers of funds)


For administrative expenses to carry out the Commodity Credit
Corporation's export guarantee program, GSM 102 and GSM 103, $5,279,000;
to cover common overhead expenses as permitted by section 11 of the
Commodity Credit Corporation Charter Act and in conformity with the
Federal Credit Reform Act of 1990, of which $3,440,000 may be
transferred to and merged with the appropriation for ``Foreign
Agricultural Service, Salaries and Expenses'', and of which $1,839,000
may be transferred to and merged with the appropriation for ``Farm
Service Agency, Salaries and Expenses''.


Mc Govern-Dole International Food for Education and Child Nutrition
Program Grants


For necessary expenses to carry out the provisions of section 3107
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o-
1), $100,000,000, to remain available until expended: Provided, That the
Commodity Credit Corporation is authorized to provide the services,
facilities, and authorities for the purpose of implementing such
section, subject to reimbursement from amounts provided herein.

TITLE VI

RELATED AGENCIES AND FOOD AND DRUG ADMINISTRATION

DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration


Salaries and Expenses


For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of
space rental and related costs pursuant to Public Law 92-313 for
programs and activities of the Food and Drug Administration which are
included in this Act; for rental of special purpose space in the
District of Columbia or elsewhere; for miscellaneous and emergency
expenses of enforcement activities, authorized and approved by the
Secretary and to be accounted for solely on the Secretary's certificate,
not to exceed $25,000; and notwithstanding section 521 of Public Law
107-188; $1,838,567,000: Provided, That of the amount provided under
this heading, $305,332,000 shall be derived from prescription drug user
fees authorized by 21 U.S.C. 379h, shall be credited to this account and
remain available until expended, and shall not include any fees pursuant
to 21 U.S.C. 379h(a)(2) and (a)(3) assessed for fiscal year 2007 but
collected in fiscal year 2006; $40,300,000 shall be derived from medical
device user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; and $11,318,000 shall
be derived from animal drug user fees authorized by 21 U.S.C. 379j, and
shall be credited to this account and remain available until expended:
Provided further, That fees derived from prescription drug, medical
device, and animal drug assessments received during fiscal year 2006,
including any such fees assessed

[[Page 2148]]
119 STAT. 2148

prior to the current fiscal year but credited during the current year,
shall be subject to the fiscal year 2006 limitation: Provided further,
That none of these funds shall be used to develop, establish, or operate
any program of user fees authorized by 31 U.S.C. 9701: Provided further,
That of the total amount appropriated: (1) $443,153,000 shall be for the
Center for Food Safety and Applied Nutrition and related field
activities in the Office of Regulatory Affairs; (2) $520,564,000 shall
be for the Center for Drug Evaluation and Research and related field
activities in the Office of Regulatory Affairs; (3) $178,714,000 shall
be for the Center for Biologics Evaluation and Research and for related
field activities in the Office of Regulatory Affairs; (4) $99,787,000
shall be for the Center for Veterinary Medicine and for related field
activities in the Office of Regulatory Affairs; (5) $245,770,000 shall
be for the Center for Devices and Radiological Health and for related
field activities in the Office of Regulatory Affairs; (6) $41,152,000
shall be for the National Center for Toxicological Research; (7)
$58,515,000 shall be for Rent and Related activities, of which
$21,974,000 is for White Oak Consolidation, other than the amounts paid
to the General Services Administration for rent; (8) $134,853,000 shall
be for payments to the General Services Administration for rent; and (9)
$116,059,000 shall be for other activities, including the Office of the
Commissioner; the Office of Management; the Office of External
Relations; the Office of Policy and Planning; and central services for
these offices: Provided further, That funds may be transferred from one
specified activity to another with the prior approval of the Committees
on Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C. 263b may
be credited to this account, to remain available until expended.
In addition, export certification user fees authorized by 21 U.S.C.
381 may be credited to this account, to remain available until expended.


Buildings and Facilities


For plans, construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of or used by the Food and
Drug Administration, where not otherwise provided, $8,000,000, to remain
available until expended.

INDEPENDENT AGENCIES

Commodity Futures Trading Commission

For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases) in the District of Columbia and elsewhere, $98,386,000,
including not to exceed $3,000 for official reception and representation
expenses.

[[Page 2149]]
119 STAT. 2149

Farm Credit Administration


Limitation on Administrative Expenses


Not to exceed $44,250,000 (from assessments collected from farm
credit institutions and from the Federal Agricultural Mortgage
Corporation) shall be obligated during the current fiscal year for
administrative expenses as authorized under 12 U.S.C. 2249: Provided,
That this limitation shall not apply to expenses associated with
receiverships.

TITLE VII

GENERAL PROVISIONS


(including rescissions and transfers of funds)


Sec. 701. Within the unit limit of cost fixed by law, appropriations
and authorizations made for the Department of Agriculture for the
current fiscal year under this Act shall be available for the purchase,
in addition to those specifically provided for, of not to exceed 320
passenger motor vehicles, of which 320 shall be for replacement only,
and for the hire of such vehicles.
Sec. 702.  NOTE: 7 USC 2209g.  Hereafter, funds appropriated by
this or any other Appropriations Act to the Department of Agriculture
(excluding the Forest Service) shall be available for uniforms or
allowances as authorized by law (5 U.S.C. 5901-5902).

Sec. 703.  NOTE: 7 USC 2225a.  Hereafter, funds appropriated by
this or any other Appropriations Act to the Department of Agriculture
(excluding the Forest Service) shall be available for employment
pursuant to the second sentence of section 706(a) of the Department of
Agriculture Organic Act of 1944 (7 U.S.C. 2225) and 5 U.S.C. 3109.

Sec. 704.  NOTE: 7 USC 2209b.  New obligational authority provided
for the following appropriation items in this Act shall remain available
until expended: Animal and Plant Health Inspection Service, the
contingency fund to meet emergency conditions, information technology
infrastructure, fruit fly program, emerging plant pests, boll weevil
program, low pathogen avian influenza program, up to $33,340,000 in
animal health monitoring and surveillance for the animal identification
system, up to $1,500,000 in the scrapie program for indemnities, up to
$3,000,000 in the emergency management systems program for the vaccine
bank, up to $1,000,000 for wildlife services methods development, up to
$1,000,000 of the wildlife services operations program for aviation
safety, and up to 25 percent of the screwworm program; Food Safety and
Inspection Service, field automation and information management project;
Cooperative State Research, Education, and Extension Service, funds for
competitive research grants (7 U.S.C. 450i(b)), funds for the Research,
Education, and Economics Information System, and funds for the Native
American Institutions Endowment Fund; Farm Service Agency, salaries and
expenses funds made available to county committees; Foreign Agricultural
Service, middle-income country training program, and up to $2,000,000 of
the Foreign Agricultural Service appropriation solely for the purpose of
offsetting fluctuations in international currency exchange rates,
subject to documentation by the Foreign Agricultural Service.

[[Page 2150]]
119 STAT. 2150

Sec. 705. The Secretary of Agriculture may transfer unobligated
balances of discretionary funds appropriated by this Act or other
available unobligated discretionary balances of the Department of
Agriculture to the Working Capital Fund for the acquisition of plant and
capital equipment necessary for the delivery of financial,
administrative, and information technology services of primary benefit
to the agencies of the Department of Agriculture: Provided, That none of
the funds made available by this Act or any other Act shall be
transferred to the Working Capital Fund without the prior approval of
the agency administrator: Provided further, That none of the funds
transferred to the Working Capital Fund pursuant to this section shall
be available for obligation without the prior approval of the Committees
on Appropriations of both Houses of Congress.
Sec. 706. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 707.  NOTE: 7 USC 1766b note.  Hereafter, not to exceed
$50,000 in each fiscal year of the funds appropriated by this or any
other Appropriations Act to the Department of Agriculture (excluding the
Forest Service) shall be available to provide appropriate orientation
and language training pursuant to section 606C of the Act of August 28,
1954 (7 U.S.C. 1766b).

Sec. 708. No funds appropriated by this Act may be used to pay
negotiated indirect cost rates on cooperative agreements or similar
arrangements between the United States Department of Agriculture and
nonprofit institutions in excess of 10 percent of the total direct cost
of the agreement when the purpose of such cooperative arrangements is to
carry out programs of mutual interest between the two parties. This does
not preclude appropriate payment of indirect costs on grants and
contracts with such institutions when such indirect costs are computed
on a similar basis for all agencies for which appropriations are
provided in this Act.
Sec. 709. None of the funds in this Act shall be available to pay
indirect costs charged against competitive agricultural research,
education, or extension grant awards issued by the Cooperative State
Research, Education, and Extension Service that exceed 20 percent of
total Federal funds provided under each award: Provided, That
notwithstanding section 1462 of the National Agricultural Research,
Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds
provided by this Act for grants awarded competitively by the Cooperative
State Research, Education, and Extension Service shall be available to
pay full allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
Sec. 710.  NOTE: 7 USC 2208a.  Hereafter, loan levels provided in
this or any other Appropriations Act to the Department of Agriculture
shall be considered estimates, not limitations.

Sec. 711. Appropriations to the Department of Agriculture for the
cost of direct and guaranteed loans made available in the current fiscal
year shall remain available until expended to cover obligations made in
the current fiscal year for the following accounts: the Rural
Development Loan Fund program account, the Rural Electrification and
Telecommunication Loans program account, and the Rural Housing Insurance
Fund program account.

[[Page 2151]]
119 STAT. 2151

Sec. 712. Of the funds made available by this Act, not more than
$1,800,000 shall be used to cover necessary expenses of activities
related to all advisory committees, panels, commissions, and task forces
of the Department of Agriculture, except for panels used to comply with
negotiated rule makings and panels used to evaluate competitively
awarded grants.
Sec. 713. None of the funds appropriated by this Act may be used to
carry out section 410 of the Federal Meat Inspection Act (21 U.S.C.
679a) or section 30 of the Poultry Products Inspection Act (21 U.S.C.
471).
Sec. 714. No employee of the Department of Agriculture may be
detailed or assigned from an agency or office funded by this Act to any
other agency or office of the Department for more than 30 days unless
the individual's employing agency or office is fully reimbursed by the
receiving agency or office for the salary and expenses of the employee
for the period of assignment.
Sec. 715. None of the funds appropriated or otherwise made available
to the Department of Agriculture or the Food and Drug Administration
shall be used to transmit or otherwise make available to any non-
Department of Agriculture or non-Department of Health and Human Services
employee questions or responses to questions that are a result of
information requested for the appropriations hearing process.
Sec. 716. None of the funds made available to the Department of
Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the Office
of the Chief Information Officer, without the approval of the Chief
Information Officer and the concurrence of the Executive Information
Technology Investment Review Board: Provided, That notwithstanding any
other provision of law, none of the funds appropriated or otherwise made
available by this Act may be transferred to the Office of the Chief
Information Officer without the prior approval of the Committees on
Appropriations of both Houses of Congress: Provided further, That none
of the funds available to the Department of Agriculture for information
technology shall be obligated for projects over $25,000 prior to receipt
of written approval by the Chief Information Officer.
Sec. 717. (a) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in the current fiscal
year, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the agencies funded by
this Act, shall be available for obligation or expenditure through a
reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6)  NOTE: Notification.  contracts out or privatizes any
functions or activities presently performed by Federal
employees; unless the Committees on Appropriations of both
Houses of Congress are notified 15 days in advance of such
reprogramming of funds.

(b)  NOTE: Notification.  None of the funds provided by this Act,
or provided by previous Appropriations Acts to the agencies funded by
this Act

[[Page 2152]]
119 STAT. 2152

that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditure for
activities, programs, or projects through a reprogramming of funds in
excess of $500,000 or 10 percent, which-ever is less, that: (1) augments
existing programs, projects, or activities; (2) reduces by 10 percent
funding for any existing program, project, or activity, or numbers of
personnel by 10 percent as approved by Congress; or (3) results from any
general savings from a reduction in personnel which would result in a
change in existing programs, activities, or projects as approved by
Congress; unless the Committees on Appropriations of both Houses of
Congress are notified 15 days in advance of such reprogramming of funds.

(c)  NOTE: Notification.  The Secretary of Agriculture, the
Secretary of Health and Human Services, or the Chairman of the Commodity
Futures Trading Commission shall notify the Committees on Appropriations
of both Houses of Congress before implementing a program or activity not
carried out during the previous fiscal year unless the program or
activity is funded by this Act or specifically funded by any other Act.

Sec. 718. With the exception of funds needed to administer and
conduct oversight of grants awarded and obligations incurred in prior
fiscal years, none of the funds appropriated or otherwise made available
by this or any other Act may be used to pay the salaries and expenses of
personnel to carry out the provisions of section 401 of Public Law 105-
185, the Initiative for Future Agriculture and Food Systems (7 U.S.C.
7621).
Sec. 719. None of the funds appropriated by this or any other Act
shall be used to pay the salaries and expenses of personnel who prepare
or submit appropriations language as part of the President's Budget
submission to the Congress of the United States for programs under the
jurisdiction of the Appropriations Subcommittees on Agriculture, Rural
Development, Food and Drug Administration, and Related Agencies that
assumes revenues or reflects a reduction from the previous year due to
user fees proposals that have not been enacted into law prior to the
submission of the Budget unless such Budget submission identifies which
additional spending reductions should occur in the event the user fees
proposals are not enacted prior to the date of the convening of a
committee of conference for the fiscal year 2007 appropriations Act.
Sec. 720. None of the funds made available by this or any other Act
may be used to close or relocate a State Rural Development office unless
or until cost effectiveness and enhancement of program delivery have
been determined.
Sec. 721. In addition to amounts otherwise appropriated or made
available by this Act, $2,500,000 is appropriated for the purpose of
providing Bill Emerson and Mickey Leland Hunger Fellowships, through the
Congressional Hunger Center.
Sec. 722.  NOTE: 7 USC 1736f note.  Hereafter, notwithstanding
section 412 of the Agricultural Trade Development and Assistance Act of
1954 (7 U.S.C. 1736f), any balances available to carry out title III of
such Act as of the date of enactment of this Act, and any recoveries and
reimbursements that become available to carry out title III of such Act,
may be used to carry out title II of such Act.

[[Page 2153]]
119 STAT. 2153

Sec. 723. There is hereby appropriated $1,250,000 for a grant to the
National Sheep Industry Improvement Center, to remain available until
expended.
Sec. 724. The Secretary of Agriculture shall--
(1) as soon as practicable after the date of enactment of
this Act, conduct an evaluation of any impacts of the court
decision in Harvey v. Veneman, 396 F.3d 28 (1st Cir. Me. 2005);
and
(2)  NOTE: Deadline. Reports.  not later than 90 days
after the date of enactment of this Act, submit to Congress a
report that--
(A) describes the results of the evaluation
conducted under paragraph (1);
(B) includes a determination by the Secretary on
whether restoring the National Organic Program, as in
effect on the day before the date of the court decision
described in paragraph (1), would adversely affect
organic farmers, organic food processors, and consumers;
(C) analyzes issues regarding the use of synthetic
ingredients in processing and handling;
(D) analyzes the utility of expedited petitions for
commercially unavailable agricultural commodities and
products; and
(E) considers the use of crops and forage from land
included in the organic system plan of dairy farms that
are in the third year of organic management.

Sec. 725.  NOTE: HIV/AIDS. 7 USC 1431f.  Hereafter, of any
shipments of commodities made pursuant to section 416(b) of the
Agricultural Act of 1949 (7 U.S.C. 1431(b)), the Secretary of
Agriculture shall, to the extent practicable, direct that tonnage equal
in value to not more than $25,000,000 shall be made available to foreign
countries to assist in mitigating the effects of the Human
Immunodeficiency Virus and Acquired Immune Deficiency Syndrome on
communities, including the provision of--
(1) agricultural commodities to--
(A) individuals with Human Immunodeficiency Virus or
Acquired Immune Deficiency Syndrome in the communities;
and
(B) households in the communities, particularly
individuals caring for orphaned children; and
(2) agricultural commodities monetized to provide other
assistance (including assistance under microcredit and
microenterprise programs) to create or restore sustainable
livelihoods among individuals in the communities, particularly
individuals caring for orphaned children.

Sec. 726. Notwithstanding any other provision of law, the Natural
Resources Conservation Service shall provide financial and technical
assistance--
(1) from funds available for the Watershed and Flood
Prevention Operations program--
(A) to the Kane County, Illinois, Indian Creek
Watershed Flood Prevention Project, in an amount not to
exceed $1,000,000;
(B) for the Muskingam River Watershed, Mohican
River, Jerome and Muddy Fork, Ohio, obstruction removal
projects, in an amount not to exceed $1,800,000;

[[Page 2154]]
119 STAT. 2154

(C) to the Hickory Creek Special Drainage District,
Bureau County, Illinois, in an amount not to exceed
$50,000; and
(D) to the Little Red River Irrigation project,
Arkansas, in an amount not to exceed $210,000;
(2) through the Watershed and Flood Prevention Operations
program for--
(A) the Matanuska River erosion control project in
Alaska;
(B) the Little Otter Creek project in Missouri;
(C) the Manoa Watershed project in Hawaii;
(D) the West Tarkio project in Iowa;
(E) the Steeple Run and West Branch DuPage River
Watershed projects in DuPage County, Illinois; and
(F) the Coal Creek project in Utah;
(3) through the Watershed and Flood Prevention Operations
program to carry out the East Locust Creek Watershed Plan
Revision in Missouri, including up to 100 percent of the
engineering assistance and 75 percent cost share for
construction cost of site RW1; and
(4) through funds of the Conservation Operations program
provided for the Utah Conservation Initiative for completion of
the American Fork water quality and habitat restoration project
in Utah.

Sec. 727. Hereafter, none of the funds made available in this Act
may be transferred to any department, agency, or instrumentality of the
United States Government, except pursuant to a transfer made by, or
transfer authority provided in, this or any other appropriation Act.
Sec. 728. Notwithstanding any other provision of law, of the funds
made available in this Act for competitive research grants (7 U.S.C.
450i(b)), the Secretary may use up to 22 percent of the amount provided
to carry out a competitive grants program under the same terms and
conditions as those provided in section 401 of the Agricultural
Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7621).
Sec. 729. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 14(h)(1) of the Watershed Protection and
Flood Prevention Act (16 U.S.C. 1012(h)(1)).
Sec. 730.  NOTE: Missouri.  None of the funds made available to
the Food and Drug Administration by this Act shall be used to close or
relocate, or to plan to close or relocate, the Food and Drug
Administration Division of Pharmaceutical Analysis in St. Louis,
Missouri, outside the city or county limits of St. Louis, Missouri.

Sec. 731. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out subtitle I of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009dd through dd-7).
Sec. 732.  NOTE: 7 USC 2209h.  Hereafter, agencies and offices of
the Department of Agriculture may utilize any unobligated salaries and
expenses funds to reimburse the Office of the General Counsel for
salaries and expenses of personnel, and for other related expenses,
incurred in representing such agencies and offices in the resolution of
complaints by employees or applicants for employment, and in cases

[[Page 2155]]
119 STAT. 2155

and other matters pending before the Equal Employment Opportunity
Commission, the Federal Labor Relations Authority, or the Merit Systems
Protection Board with the prior approval of the Committees on
Appropriations of both Houses of Congress.

Sec. 733. None of the funds appropriated or made available by this
or any other Act may be used to pay the salaries and expenses of
personnel to carry out section 6405 of Public Law 107-171 (7 U.S.C.
2655).
Sec. 734. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to enroll in excess of 150,000 acres in the calendar year
2006 wetlands reserve program as authorized by 16 U.S.C. 3837.
Sec. 735. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel who carry out an environmental quality incentives program
authorized by chapter 4 of subtitle D of title XII of the Food Security
Act of 1985 (16 U.S.C. 3839aa et seq.) in excess of $1,017,000,000.
Sec. 736. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to expend the $23,000,000 made available by section 9006(f)
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8106(f)).
Sec. 737. None of the funds appropriated or otherwise made available
under this or any other Act shall be used to pay the salaries and
expenses of personnel to expend the $80,000,000 made available by
section 601(j)(1) of the Rural Electrification Act of 1936 (7 U.S.C.
950bb(j)(1)).
Sec. 738. None of the funds made available in fiscal year 2006 or
preceding fiscal years for programs authorized under the Agricultural
Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) in
excess of $20,000,000 shall be used to reimburse the Commodity Credit
Corporation for the release of eligible commodities under section
302(f)(2)(A) of the Bill Emerson Humanitarian Trust Act (7 U.S.C. 1736f-
1): Provided, That any such funds made available to reimburse the
Commodity Credit Corporation shall only be used pursuant to section
302(b)(2)(B)(i) of the Bill Emerson Humanitarian Trust Act.
Sec. 739. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to expend the $120,000,000 made available by section
6401(a) of Public Law 107-171.
Sec. 740. Notwithstanding subsections (c) and (e)(2) of section 313A
of the Rural Electrification Act (7 U.S.C. 940c(c) and (e)(2)) in
implementing section 313A of that Act, the Secretary shall, with the
consent of the lender, structure the schedule for payment of the annual
fee, not to exceed an average of 30 basis points per year for the term
of the loan, to ensure that sufficient funds are available to pay the
subsidy costs for note guarantees under that section.
Sec. 741. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out a Conservation Security Program authorized by
16 U.S.C. 3838 et seq., in excess of $259,000,000.

[[Page 2156]]
119 STAT. 2156

Sec. 742. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out section 2502 of Public Law 107-171 in excess
of $43,000,000.
Sec. 743. Of the unobligated balances available in the Special
Supplemental Nutrition Program for Women, Infants, and Children reserve
account, $32,000,000 is hereby rescinded.
Sec. 744. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out section 2503 of Public Law 107-171 in excess
of $73,500,000.
Sec. 745. With the exception of funds provided in fiscal year 2005,
none of the funds appropriated or otherwise made available by this or
any other Act shall be used to carry out section 6029 of Public Law 107-
171.
Sec. 746. Hereafter, none of the funds appropriated or otherwise
made available in this Act shall be expended to violate Public Law 105-
264.
Sec. 747. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out a ground and surface water conservation
program authorized by section 2301 of Public Law 107-171 in excess of
$51,000,000.
Sec. 748. None of the funds made available by this Act may be used
to issue a final rule in furtherance of, or otherwise implement, the
proposed rule on cost-sharing for animal and plant health emergency
programs of the Animal and Plant Health Inspection Service published on
July 8, 2003 (Docket No. 02-062-1; 68 Fed. Reg. 40541).
Sec. 749.  NOTE: 7 USC 426d.  Hereafter, notwithstanding any other
provision of law, the Secretary of Agriculture may use appropriations
available to the Secretary for activities authorized under sections 426-
426c of title 7, United States Code, under this or any other Act, to
enter into cooperative agreements, with a State, political subdivision,
or agency thereof, a public or private agency, organization, or any
other person, to lease aircraft if the Secretary determines that the
objectives of the agreement will: (1) serve a mutual interest of the
parties to the agreement in carrying out the programs administered by
the Animal and Plant Health Inspection Service, Wildlife Services; and
(2) all parties will contribute resources to the accomplishment of these
objectives; award of a cooperative agreement authorized by the Secretary
may be made for an initial term not to exceed 5 years.

Sec. 750. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out section 9010 of Public Law 107-171 in excess
of $60,000,000.
Sec. 751.  NOTE: 7 USC 2209i.  Hereafter, agencies and offices of
the Department of Agriculture may utilize any available discretionary
funds to cover the costs of preparing, or contracting for the
preparation of, final agency decisions regarding complaints of
discrimination in employment or program activities arising within such
agencies and offices.

Sec. 752. Funds made available under section 1240I and section
1241(a) of the Food Security Act of 1985 in the current fiscal year
shall remain available until expended to cover obligations

[[Page 2157]]
119 STAT. 2157

made in the current fiscal year, and are not available for new
obligations.
Sec. 753. There is hereby appropriated $750,000, to remain available
until expended, for the Denali Commission to address deficiencies in
solid waste disposal sites which threaten to contaminate rural drinking
water supplies.
Sec. 754.  NOTE: Alaska. Grants.  Notwithstanding any other
provision of law--
(1) the City of Palmer, Alaska shall be eligible to receive
a water and waste disposal grant under section 306(a) of the
Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a))
in an amount that is equal to not more than 75 percent of the
total cost of providing water and sewer service to the proposed
hospital in the Matanuska-Susitna Borough, Alaska;
(2) or any percentage of cost limitation in current law or
regulations, the construction projects known as the Tri-Valley
Community Center addition in Healy, Alaska; the Cold Climate
Housing Research Center in Fairbanks, Alaska; and the University
of Alaska-Fairbanks Allied Health Learning Center skill labs/
classrooms shall be eligible to receive Community Facilities
grants in amounts that are equal to not more than 75 percent of
the total facility costs: Provided, That for the purposes of
this paragraph, the Cold Climate Housing Research Center is
designated an ``essential community facility'' for rural Alaska;
(3)  NOTE: 42 USC 1472 note.  for any fiscal year and
hereafter, in the case of a high cost isolated rural area in
Alaska that is not connected to a road system, the maximum level
for the single family housing assistance shall be 150 percent of
the median household income level in the nonmetropolitan areas
of the State and 115 percent of all other eligible areas of the
State; and
(4) any former RUS borrower that has repaid or prepaid an
insured, direct or guaranteed loan under the Rural
Electrification Act, or any not-for-profit utility that is
eligible to receive an insured or direct loan under such Act,
shall be eligible for assistance under Section 313(b)(2)(B) of
such Act in the same manner as a borrower under such Act.

Sec. 755. There is hereby appropriated $1,000,000, to remain
available until expended, for a grant to the Ohio Livestock Expo Center
in Springfield, Ohio.
Sec. 756.  NOTE: 7 USC 1926f.  Hereafter, notwithstanding the
provisions of the Consolidated Farm and Rural Development Act (including
the associated regulations) governing the Community Facilities Program,
the Secretary may allow all Community Facility Program facility
borrowers and grantees to enter into contracts with not-for-profit third
parties for services consistent with the requirements of the Program,
grant, and/or loan: Provided, That the contracts protect the interests
of the Government regarding cost, liability, maintenance, and
administrative fees.

Sec. 757. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out an Agricultural Management Assistance Program
as authorized by section 524 of the Federal Crop Insurance Act in excess
of $6,000,000 (7 U.S.C. 1524).
Sec. 758. Notwithstanding any other provision of law, the Secretary
of Agriculture is authorized to make funding and other assistance
available through the emergency watershed protection

[[Page 2158]]
119 STAT. 2158

program under section 403 of the Agricultural Credit Act of 1978 (16
U.S.C. 2203) to repair and prevent damage to non-Federal land in
watersheds that have been impaired by fires initiated by the Federal
Government and shall waive cost sharing requirements for the funding and
assistance.
Sec. 759. None of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries and expenses
of personnel to carry out a Biomass Research and Development Program in
excess of $12,000,000, as authorized by Public Law 106-224 (7 U.S.C.
7624 note).
Sec. 760. None of the funds provided in this Act may be used for
salaries and expenses to carry out any regulation or rule insofar as it
would make ineligible for enrollment in the conservation reserve program
established under subchapter B of chapter 1 of subtitle D of title XII
of the Food Security Act of 1985 (16 U.S.C. 3831 et seq.) land that is
planted to hardwood trees as of the date of enactment of this Act and
was enrolled in the conservation reserve program under a contract that
expired prior to calendar year 2002.
Sec. 761.  NOTE: Arizona.  Notwithstanding 40 U.S.C. 524, 571, and
572, the Secretary of Agriculture may sell the US Water Conservation
Laboratory, Phoenix, Arizona, and credit the net proceeds of such sale
as offsetting collections to its Agricultural Research Service Buildings
and Facilities account. Such funds shall be available until September
30, 2007 to be used to replace these facilities and to improve other
USDA-owned facilities.

Sec. 762. None of the funds provided in this Act may be used for
salaries and expenses to draft or implement any regulation or rule
insofar as it would require recertification of rural status for each
electric and telecommunications borrower for the Rural Electrification
and Telecommunication Loans program.
Sec. 763. The Secretary of Agriculture may use any unobligated
carryover funds made available for any program administered by the Rural
Utilities Service (not including funds made available under the heading
``Rural Community Advancement Program'' in any Act of appropriation) to
carry out section 315 of the Rural Electrification Act of 1936 (7 U.S.C.
940e).
Sec. 764. There is hereby appropriated $650,000, to remain available
until expended, to carry out provisions of section 751 of division A of
Public Law 108-7.
Sec. 765.  NOTE: State listing. Loans. Grants.  (a)
Notwithstanding any other provision of law, and until the receipt of the
decennial Census in the year 2010, the Secretary of Agriculture shall
consider--
(1) the City of Bridgeton, New Jersey, the City of Kinston,
North Carolina, and the City of Portsmouth, Ohio as rural areas
for the purposes of Rural Housing Service Community Facilities
Program loans and grants;
(2) the Township of Bloomington, Illinois (including
individuals and entities with projects within Township) shall be
eligible for Rural Housing Service Community Facilities Programs
loans and grants;
(3) the City of Lone Grove, Oklahoma (including individuals
and entities with projects within the city) shall be eligible
for Rural Housing Service Community Facilities Program loans and
grants;
(4) the City of Butte/Silverbow, Montana, rural areas for
purposes of eligibility for Rural Utilities Service water and

[[Page 2159]]
119 STAT. 2159

waste water loans and grants and Rural Housing Service Community
Facilities Program loans and grants;
(5) Cleburne County, Arkansas, rural areas for purposes of
eligibility of Rural Utilities Service water and waste water
loans and grants;
(6) the designated Census track areas for the Upper Kanawha
Valley Enterprise Community, West Virginia, rural areas for
purposes of eligibility for rural empowerment zones and
enterprise community programs in the rural development mission
area;
(7) the Municipality of Carolina, Puerto Rico, as meeting
the eligibility requirements for Rural Utilities Service water
and waste water loans and grants;
(8) the Municipalities of Vega Baja, Manati, Guayama,
Fajardo, Humacao, and Naguabo, Puerto Rico, (including
individuals and entities with projects within the
Municipalities) shall be eligible for Rural Community
Advancement Program loans and grants and intermediate relending
programs;
(9) the City of Hidalgo, Texas as a rural area for the
purpose of the Rural Business-Cooperative Service Rural Business
Enterprise Grant Program;
(10) the City of Elgin, Oklahoma (including individuals and
entities with projects within the city) shall be eligible for
Rural Utilities Service water and waste water loans and grants;
and
(11) the City of Lodi, California, the City of Atchison,
Kansas, and the City of Belle Glade, Florida as rural areas for
the purposes of the Rural Utilities Service water and waste
water loans and grants.

Sec. 766. There is hereby appropriated $200,000 for a grant to
Alaska Village Initiatives for the purpose of administering a private
lands wildlife management program in Alaska.
Sec. 767. There is hereby appropriated $2,250,000, to remain
available until expended, for a grant to the Wisconsin Federation of
Cooperatives for pilot Wisconsin-Minnesota health care cooperative
purchasing alliances.
Sec. 768.  NOTE: New Jersey. Loans. Grants.  The counties of
Burlington and Camden, New Jersey (including individuals and entities
with projects within these counties) shall be eligible for loans and
grants under the Rural Community Advancement Program for fiscal year
2006 to the same extent they were eligible for such assistance during
the fiscal year 2005 under section 106 of Chapter 1 of Division B of
Public Law 108-324 (188 Stat. 1236).

Sec. 769.  NOTE: 42 USC 1766 note.  Hereafter, notwithstanding any
other provision of law, funds made available to States administering the
Child and Adult Care Food Program, for the purpose of conducting audits
of participating institutions, funds identified by the Secretary as
having been unused during the initial fiscal year of availability may be
recovered and reallocated by the Secretary: Provided, That States may
use the reallocated funds until expended for the purpose of conducting
audits of participating institutions.

Sec. 770.  NOTE: Kansas.  The Secretary of Agriculture is
authorized and directed to quitclaim to the City of Elkhart, Kansas, all
rights, title and interests of the United States in that tract of land
comprising 151.7 acres, more or less, located in Morton County, Kansas,
and more specifically described in a deed dated March 11, 1958, from the
United States of America to the City of Elkhart, State

[[Page 2160]]
119 STAT. 2160

of Kansas, and filed of record April 4, 1958 at Book 34 at Page 520 in
the office of the Register of Deeds of Morton County, Kansas.

Sec. 771. There is hereby appropriated $2,500,000 to carry out the
Healthy Forests Reserve Program authorized under Title V of Public Law
108-148 (16 U.S.C. 6571-6578).
Sec. 772. Unless otherwise authorized by existing law, none of the
funds provided in this Act, may be used by an executive branch agency to
produce any prepackaged news story intended for broadcast or
distribution in the United States unless the story includes a clear
notification within the text or audio of the prepackaged news story that
the prepackaged news story was prepared or funded by that executive
branch agency.
Sec. 773. In addition to other amounts appropriated or otherwise
made available by this Act, there is hereby appropriated to the
Secretary of Agriculture $7,000,000, of which not to exceed 5 percent
may be available for administrative expenses, to remain available until
expended, to make specialty crop block grants under section 101 of the
Specialty Crops Competitiveness Act of 2004 (Public Law 108-465; 7
U.S.C. 1621 note).
Sec. 774. The Rural Electrification Act of 1936 is amended by
inserting after section 315 (7 U.S.C. 940e) the following:
``Sec. 316.  NOTE: 7 USC 940f.  Extension of Period of Existing
Guarantee. (a) In General.--Subject to the limitations in this section
and the provisions of the Federal Credit Reform Act of 1990, as amended,
a borrower of a loan made by the Federal Financing Bank and guaranteed
under this Act may request an extension of the final maturity of the
outstanding principal balance of such loan or any loan advance
thereunder. If the Secretary and the Federal Financing Bank approve such
an extension, then the period of the existing guarantee shall also be
considered extended.

``(b) Limitations.--
``(1) Feasibility and security.--Extensions under this
section shall not be made unless the Secretary first finds and
certifies that, after giving effect to the extension, in his
judgment the security for all loans to the borrower made or
guaranteed under this Act is reasonably adequate and that all
such loans will be repaid within the time agreed.
``(2) Extension of useful life or collateral.--Extensions
under this section shall not be granted unless the borrower
first submits with its request either--
``(A) evidence satisfactory to the Secretary that a
Federal or State agency with jurisdiction and expertise
has made an official determination, such as through a
licensing proceeding, extending the useful life of a
generating plant or transmission line pledged as
collateral to or beyond the new final maturity date
being requested by the borrower, or
``(B) a certificate from an independent licensed
engineer concluding, on the basis of a thorough
engineering analysis satisfactory to the Secretary, that
the useful life of the generating plant or transmission
line pledged as collateral extends to or beyond the new
final maturity date being requested by the borrower.
``(3) Amount eligible for extension.--Extensions under this
section shall not be granted if the principal balance extended
exceeds the appraised value of the generating plant or
transmission line referred to in subsection paragraph (2).

[[Page 2161]]
119 STAT. 2161

``(4) Period of extension.--Extensions under this section
shall in no case result in a final maturity greater than 55
years from the time of original disbursement and shall in no
case result in a final maturity greater than the useful life of
the plant.
``(5) Number of extensions.--Extensions under this section
shall not be granted more than once per loan advance.

``(c) Fees.--
``(1) In general.--A borrower that receives an extension
under this section shall pay a fee to the Secretary which shall
be credited to the Rural Electrification and Telecommunications
Loans Program account. Such fees shall remain available without
fiscal year limitation to pay the modification costs for
extensions.
``(2) Amount.--The amount of the fee paid shall be equal to
the modification cost, calculated in accordance with section 502
of the Federal Credit Reform Act of 1990, as amended, of such
extension.
``(3) Payment.--The borrower shall pay the fee required
under this section at the time the existing guarantee is
extended by making a payment in the amount of the required
fee.''.

Sec. 775.  NOTE: Arkansas.  (a) In General.--The Secretary of
Health and Human Services, on behalf of the United States may, whenever
the Secretary deems desirable, relinquish to the State of Arkansas all
or part of the jurisdiction of the United States over the lands and
properties encompassing the Jefferson Labs campus in the State of
Arkansas that are under the supervision or control of the Secretary.

(b) Terms.--Relinquishment of jurisdiction under this section may be
accomplished, under terms and conditions that the Secretary deems
advisable,
(1)  NOTE: Notice.  by filing with the Governor of the
State of Arkansas a notice of relinquishment to take effect upon
acceptance thereof; or
(2) as the laws of such State may otherwise provide.

(c) Definition.--In this section, the term ``Jefferson Labs campus''
means the lands and properties of the National Center for Toxicological
Research and the Arkansas Regional Laboratory.
Sec. 776. Section 204(b)(3)(A) of the Child Nutrition and WIC
Reauthorization Act of 2004 (118 Stat. 781; 42 U.S.C. 1751 note) is
amended by striking ``July 1, 2006'' and inserting ``October 1, 2005''.
Sec. 777. (a) Section 18(f)(1)(B) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1769(f)(1)(B)) is amended--
(1) by striking ``April 2004'' and inserting ``June 2005'';
and
(2) in clause (ii), by striking ``66.67'' and inserting
``75''.

(b)  NOTE: Effective date. 42 USC 1769 note.  The amendments made
by subsection (a) take effect on January 1, 2006.

Sec. 778. None of the funds in this Act may be used to retire more
than 5 percent of the Class A stock of the Rural Telephone Bank, except
in the event of liquidation or dissolution of the telephone bank during
fiscal year 2006, pursuant to section 411 of the Rural Electrification
Act of 1936, as amended, or to maintain any account or subaccount within
the accounting records of the Rural Telephone Bank the creation of which
has not specifically

[[Page 2162]]
119 STAT. 2162

been authorized by statute: Provided, That notwithstanding any other
provision of law, none of the funds appropriated or otherwise made
available in this Act may be used to transfer to the Treasury or to the
Federal Financing Bank any unobligated balance of the Rural Telephone
Bank telephone liquidating account which is in excess of current
requirements and such balance shall receive interest as set forth for
financial accounts in section 505(c) of the Federal Credit Reform Act of
1990.
Sec. 779. There is hereby appropriated $6,000,000 to carry out
Section 120 of Public Law 108-265 in Utah, Wisconsin, New Mexico, Texas,
Connecticut, and Idaho.
Sec. 780. Section 508(a)(4)(B) of the Federal Crop Insurance Act (7
U.S.C. 1508(a)(4)(B)) is amended by inserting ``or similar commodities''
after ``the commodity''.
Sec. 781. (a) Notwithstanding subtitles B and C of the Dairy
Production Stabilization Act of 1983 (7 U.S.C. 4501 et seq.), during
fiscal year 2006, the National Dairy Promotion and Research Board may
obligate and expend funds for any activity to improve the environment
and public health.
(b) The Secretary of Agriculture shall review the impact of any
expenditures under subsection (a) and include the review in the 2007
report of the Secretary to Congress on the dairy promotion program
established under subtitle B of the Dairy Production Stabilization Act
of 1983 (7 U.S.C. 4501 et seq.).
Sec. 782.  NOTE: Federal buildings and
facilities. Mississippi.  The Federal facility located at the South
Mississippi Branch Experiment Station in Poplarville, Mississippi, and
known as the ``Southern Horticultural Laboratory'', shall be known and
designated as the ``Thad Cochran Southern Horticultural Laboratory'':
Provided, That any reference in law, map, regulation, document, paper,
or other record of the United States to such Federal facility shall be
deemed to be a reference to the ``Thad Cochran Southern Horticultural
Laboratory''.

Sec. 783.  NOTE: Arizona. Real property.  As soon as practicable
after the Agricultural Research Service operations at the Western Cotton
Research Laboratory located at 4135 East Broadway Road in Phoenix,
Arizona, have ceased, the Secretary of Agriculture shall convey, without
consideration, to the Arizona Cotton Growers Association and Supima all
right, title, and interest of the United States in and to the real
property at that location, including improvements.

Sec. 784.  NOTE: 7 USC 1471 note.  (a) In General.--In carrying
out a livestock assistance, compensation, or feed program, the Secretary
of Agriculture shall include horses and deer within the definition of
``livestock'' covered by the program.

(b) Conforming Amendments.--
(1) Section 602(2) of the Agricultural Act of 1949 (7 U.S.C.
1471(2)) is amended--
(A) by inserting ``horses, deer,'' after ``bison,'';
and
(B) by striking ``equine animals used for food or in
the production of food,''.
(2) Section 806 of the Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106-387; 114 Stat. 1549A-51) is amended by
inserting ``(including losses to elk, reindeer, bison, horses,
and deer)'' after ``livestock losses''.
(3) Section 10104(a) of the Farm Security and Rural
Investment Act of 2002 (7 U.S.C. 1472(a)) is amended by striking
``and bison'' and inserting ``bison, horses, and deer''.

[[Page 2163]]
119 STAT. 2163

(4) Section 203(d)(2) of the Agricultural Assistance Act of
2003 (Public Law 108-7; 117 Stat. 541) is amended by striking
``and bison'' and inserting ``bison, horses, and deer''.

(c)  NOTE: 7 USC 1471 note.  Applicability.--
(1) In general.--This section and the amendments made by
this section apply to losses resulting from a disaster that
occurs on or after July 28, 2005.
(2) Prior losses.--This section and the amendments made by
this section do not apply to losses resulting from a disaster
that occurred before July 28, 2005.

Sec. 785. Amounts made available for the Plant Materials Center in
Fallon, Nevada, under the heading ``Conservation Operations'' under the
heading ``Natural Resources Conservation Service'' of title II of the
Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2005 (Public Law 108-447; 118 Stat.
2823) shall remain available until expended.
Sec. 786. None of the funds made available in this Act may be used
to study, complete a study of, or enter into a contract with a private
party to carry out, without specific authorization in a subsequent Act
of Congress, a competitive sourcing activity of the Secretary of
Agriculture, including support personnel of the Department of
Agriculture, relating to rural development or farm loan programs.
Sec. 787. None of the funds made available under this Act shall be
available to pay the administrative expenses of a State agency that,
after the date of enactment of this Act and prior to receiving
certification in accordance with the provisions set forth in section
17(h)(11)(E) of the Child Nutrition Act of 1966, authorizes any new for-
profit vendor(s) to transact food instruments under the Special
Supplemental Nutrition Program for Women, Infants, and Children (WIC) if
it is expected that more than 50 percent of the annual revenue of the
vendor from the sale of food items will be derived from the sale of
supplemental foods that are obtained with WIC food instruments, except
that the Secretary may approve the authorization of such a vendor if the
approval is necessary to assure participant access to program benefits.
Sec. 788. Of the unobligated balances under section 32 of the Act of
August 24, 1935, $37,601,000 are hereby rescinded.
Sec. 789. None of the funds provided in this Act may be obligated or
expended for any activity the purpose of which is to require a recipient
of any grant that was funded in Public Law 102-368 and Public Law 103-50
for ``Rural Housing for Domestic Farm Labor'' in response to Hurricane
Andrew to pay the United States any portion of any interest earned with
respect to such grants:  NOTE: Deadline.  Provided, That such funds
are expended by the grantee within 18 months of the date of enactment of
this section for the purposes of providing farm labor housing consistent
with the purpose authorized in title V of the Housing Act of 1949, as
determined by the Secretary.

Sec. 790. There is hereby appropriated $140,000 to remain available
until expended, for a grant to the University of Nevada at Reno;
$400,000 to remain available until expended for a grant to the Ohio
Center for Farmland Policy Innovation at Ohio State University,
Columbus, Ohio; $200,000 to remain available until expended, for a grant
to Utah State University for a farming and dairy training initiative;
$500,000, to remain available until

[[Page 2164]]
119 STAT. 2164

expended, for a grant to the Nueces County, Texas Regional Fairground;
and $350,000 to provide administrative support for a world hunger
organization: Provided, That none of the funds may be used for a
monetary award to an individual.
Sec. 791. There is hereby appropriated $1,000,000 to establish a
demonstration intermediate relending program for the construction and
rehabilitation of housing for the Mississippi Band of Choctaw Indians:
Provided, That the interest rate for direct loans shall be 1
percent:  NOTE: Deadline. Reports.  Provided further, That no later
than 1 year after the establishment of this program the Secretary shall
provide the Committees on Appropriations with a report providing
information on the program structure, management, and general
demographic information on the loan recipients.

Sec. 792. Section 285 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1638d) is amended by striking ``2006'' and inserting ``2008''.
Sec. 793. None of the funds appropriated or otherwise made available
by this Act shall be used to pay salaries and expenses of personnel who
implement or administer section 508(e)(3) of the Federal Crop Insurance
Act (7 U.S.C. 1508(e)(3)) or any regulation, bulletin, policy or agency
guidance issued pursuant to section 508(e)(3) of such Act for the 2007
reinsurance year.
Sec. 794.  NOTE: Effective date.  Effective 120 days after the
date of enactment of this Act, none of the funds made available in this
Act may be used to pay the salaries or expenses of personnel to inspect
horses under section 3 of the Federal Meat Inspection Act (21 U.S.C.
603) or under the guidelines issued under section 903 the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note;
Public Law 104-127).

Sec. 795. (a) Subject to subsection (b), none of the funds made
available in this Act may be used to--
(1) grant a waiver of a financial conflict of interest
requirement pursuant to section 505(n)(4) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 355(n)(4)) for any voting
member of an advisory committee or panel of the Food and Drug
Administration; or
(2) make a certification under section 208(b)(3) of title
18, United States Code, for any such voting member.

(b) Subsection (a) shall not apply to a waiver or certification if--
(1)  NOTE: Deadline. Internet.  not later than 15 days
prior to a meeting of an advisory committee or panel to which
such waiver or certification applies, the Secretary of Health
and Human Services discloses on the Internet website of the Food
and Drug Administration--
(A) the nature of the conflict of interest at issue;
and
(B) the nature and basis of such waiver or
certification (other than information exempted from
disclosure under section 552 of title 5, United States
Code (popularly known as the Freedom of Information
Act)); or
(2)  NOTE: Public information.  in the case of a conflict
of interest that becomes known to the Secretary less than 15
days prior to a meeting to which such waiver or certification
applies, the Secretary shall make such public disclosure as soon
as possible thereafter, but in no event later than the date of
such meeting.

(c)  NOTE: Reports.  None of the funds made available in this Act
may be used to make a new appointment to an advisory committee or panel
of the Food and Drug Administration unless the Commissioner

[[Page 2165]]
119 STAT. 2165

of Food and Drugs submits a quarterly report to the Inspector General of
the Department of Health and Human Services and the Committees on
Appropriations of the House and Senate on the efforts made to identify
qualified persons for such appointment with minimal or no potential
conflicts of interest.

Sec. 796. Section 274(a)(1) of the Immigration and Nationality Act
(8 U.S.C. 1324(a)(1)) is amended by adding at the end the following:
``(C) It is not a violation of clauses (ii) or (iii)
of subparagraph (A), or of clause (iv) of subparagraph
(A) except where a person encourages or induces an alien
to come to or enter the United States, for a religious
denomination having a bona fide nonprofit, religious
organization in the United States, or the agents or
officers of such denomination or organization, to
encourage, invite, call, allow, or enable an alien who
is present in the United States to perform the vocation
of a minister or missionary for the denomination or
organization in the United States as a volunteer who is
not compensated as an employee, notwithstanding the
provision of room, board, travel, medical assistance,
and other basic living expenses, provided the minister
or missionary has been a member of the denomination for
at least one year.''.

Sec. 797. (a) Section 2111(a)(1) of the Organic Foods Production Act
of 1990 (7 U.S.C. 6510(a)(1)) is amended by inserting ``not appearing on
the National List'' after ``ingredient''.
(b) Section 2118 of the Organic Foods Production Act of 1990 (7
U.S.C. 6517) is amended--
(1) in subsection (c)(1)--
(A) in the paragraph heading, by inserting ``in
organic production and handling operations'' after
``substances'';
(B) in subparagraph (B)--
(i) in clause (i), by inserting ``or'' at the
end; and
(ii) in clause (ii), by striking ``or'' at the
end and inserting ``and''; and
(C) by striking clause (iii); and
(2) in subsection (d), by adding at the end the following:
``(6) Expedited petitions for commercially unavailable
organic agricultural products constituting less than 5 percent
of an organic processed product.--The Secretary may develop
emergency procedures for designating agricultural products that
are commercially unavailable in organic form for placement on
the National List for a period of time not to exceed 12
months.''.

(c) Section 2110(e)(2) of the Organic Foods Production Act of 1990
(7 U.S.C. 6509(e)(2)) is amended--
(1) by striking ``A dairy'' and inserting the following:
``(A) In general.--Except as provided in
subparagraph (B), a dairy''; and
(2) by adding at the end the following:
``(B) Transition guideline.--Crops and forage from
land included in the organic system plan of a dairy farm
that is in the third year of organic management may be
consumed by the dairy animals of the farm during the 12-
month period immediately prior to the sale of organic
milk and milk products.''.

[[Page 2166]]
119 STAT. 2166

Sec. 798. Amenable Species.--The Federal Meat Inspection Act (21
U.S.C. 601 et seq.) is amended--
(1)  NOTE: 21 USC 603-605, 608, 609, 615, 617, 618, 620,
621. 21 USC 601.  by striking ``cattle, sheep, swine, goats,
horses, mules, and other equines'' each place it appears and
inserting ``amenable species'';
(2) in section 1, by adding at the end the following new
subsection:

``(w) The term `amenable species' means--
``(1) those species subject to the provisions of this Act on
the day before the date of the enactment of the Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies Appropriations Act, 2006; and
``(2) any additional species of livestock that the Secretary
considers appropriate.''; and
(3) in section  NOTE: 21 USC 619.  19--
(A) by striking ``horses, mules, or other equines''
and inserting ``species designated by regulations in
effect on the day before the date of the enactment of
the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act,
2006''; and
(B) by striking ``cattle, sheep, swine, or goats''
and inserting ``other amenable species''.

(b)  NOTE: 21 USC 601 note.  Effective Date.--The amendments made
by subsection (a) shall take effect on the day after the effective date
of section 794 of the Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2006.

Sec. 799. Public Law 109-54, the Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2006, is amended
as follows:
(1)  NOTE: Ante, p. 508.  Under the heading ``National
Park Service, Construc- tion''--
(A) by striking ``of which'' after ``$301,291,000,
to remain available until expended,'' and inserting
``and'';
(B) in the sixth proviso, by striking
``hereinafter'' and inserting ``hereafter'' and, after
``Annex'', inserting the following: ``and the Blue Ridge
Parkway Regional Destination Visitor Center''; and
(C) in the seventh proviso, by striking
``solicitation and contract'' and inserting
``solicitations and contracts''.
(2)  NOTE: Ante, p. 509.  Under the heading ``National
Park Service, Land Acquisition and State Assistance'' by
striking ``$74,824,000'' and inserting ``$64,909,000''.
(3)  NOTE: Ante, p. 518.  Under the heading ``Departmental
Management, Salaries and Expenses'' by striking ``$127,183,000''
and inserting ``$117,183,000''.
(4)  NOTE: Ante, p. 528.  In title II, under the heading
``Environmental Protection Agency, State and Tribal Assistance
Grants''--
(A) before the period at the end of the first
paragraph, insert ``: Provided further, That of the
funds made available under this heading in division I of
Public Law 108-447, $300,000 is for the Haleyville,
Alabama, North Industrial Area Water Storage Tank
project: Provided further, That the referenced statement
of the managers under the heading ``Environmental
Protection Agency, State and Tribal Assistance Grants''
in Public Law 107-73, in reference to item 184, is
deemed to be amended by striking ``$2,000,000'' and
inserting ``$29,945'' and by inserting after

[[Page 2167]]
119 STAT. 2167

``improvements'' the following: ``, $500,000 to the City
of Sheridan for water system improvements, $500,000 to
Meagher County/Martinsdale Water and Sewer District for
Martinsdale Water System Improvements, and $970,055 to
the City of Bozeman for Hyalite Waterline and Intake'';
and
(B)  NOTE: Ante, p. 530.  in the second paragraph
strike ``original''.
(5)  NOTE: Ante, p. 535.  Under the heading ``Forest
Service, Land Acquisition'' by striking ``land that are
encumbered'' and all that follows through ``under this
section,'' and inserting the following: ``lands that are
encumbered by unpatented claims acquired under this section, or
with previously appropriated funds,''.
(6)  NOTE: Ante, p. 559.  At the end of title IV--General
Provisions, insert the following:

``SEC. 440. REDESIGNATION OF WILDERNESS.

``(a) Redesignation.--Section 140(c)(4) of division E of Public Law
108-447  NOTE: 16 USC 1132 note.  is amended by striking `National'.

``(b) References.--Any reference in a law, map, regulation,
document, paper, or other record of the United States to the `Gaylord A.
Nelson National Wilderness' shall be deemed to be a reference to the
`Gaylord A. Nelson Wilderness'.''.
This Act may be cited as the ``Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2006''.

Approved November 10, 2005.

LEGISLATIVE HISTORY--H.R. 2744:
---------------------------------------------------------------------------

HOUSE REPORTS: Nos. 109-102 (Comm. on Appropriations) and 109-255

(Comm. of Conference).
SENATE REPORTS: No. 109-92 (Comm. on Appropriations).
CONGRESSIONAL RECORD, Vol. 151 (2005):
June 8, considered and passed House.
Sept. 15, 19-22, considered and passed Senate, amended.
Oct. 28, House agreed to conference report.
Nov. 2, 3, Senate considered and agreed to conference
report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 41 (2005):
Nov. 10, Presidential statement.