Pub.L. 107-021 To honor Paul D. Coverdell. <> ...

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[[Page 115 STAT. 165]]

further, That these funds may be transferred to and merged with 
appropriations for agencies performing this work.

               Animal and Plant Health Inspection Service

                          salaries and expenses

    For an additional amount for ``Salaries and Expenses'', $5,000,000.

                           Farm Service Agency

                    agricultural conservation program

                              (rescission)

    Of the funds appropriated for ``Agricultural Conservation Program'' 
under Public Law 104-37, $45,000,000 are rescinded.

                 Natural Resources Conservation Service

                watershed and flood prevention operations

    For an additional amount for ``Watershed and Flood Prevention 
Operations'', to repair damages to waterways and watersheds resulting 
from natural disasters, $35,500,000, to remain available until expended.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 2101. Title I of the Agriculture, Rural Development, Food and 
Drug Administration, and Related Agencies Appropriations Act, 2001 (as 
enacted by Public Law 106-387; 114 Stat. 1549, 1549A-10) is amended by 
striking ``until expended'' under the heading ``Buildings and 
Facilities'' under the heading ``Animal and Plant Health Inspection 
Service'' and adding the following: ``until expended: Provided, That 
notwithstanding any other provision of law (including chapter 63 of 
title 31, U.S.C.), $4,670,000 of the amount shall be transferred by the 
Secretary and once transferred, shall be state funds for the 
construction, renovation, equipment, and other related costs for a post 
entry plant quarantine facility and related laboratories as described in 
Senate Report 106-288''.
    Sec. 2102. The paragraph under the heading ``Rural Community 
Advancement Program'' in title III of the Agriculture, Rural 
Development, Food and Drug Administration, and Related Agencies 
Appropriations Act, 2001 (as enacted by Public Law 106-387; 114 Stat. 
1549, 1549A-17) is amended--
            (1) in the third proviso, by striking ``ability of'' and 
        inserting ``ability of low income rural communities and''; and
            (2) in the fourth proviso, by striking ``assistance to'' the 
        first place it appears and inserting ``assistance and to''.

    Sec. 2103. <<NOTE: Deadline. Regulations. 7 USC 1522 note.>> (a) Not 
later than August 1, 2001, the Federal Crop Insurance Corporation shall 
promulgate final regulations to carry out section 522(b) of the Federal 
Crop Insurance Act (7 U.S.C. 522(b)), without regard to--
            (1) the notice and comment provisions of section 553 of 
        title 5, United States Code;
            (2) the Statement of Policy of the Secretary of Agriculture 
        effective July 24, 1971 (36 Fed. Reg. 13804), relating to 
        notices

[[Page 115 STAT. 166]]

        of proposed rulemaking and public participation in rulemaking; 
        and
            (3) chapter 35 of title 44, United States Code (commonly 
        known as the ``Paperwork Reduction Act'').

    (b) In carrying out this section, the Corporation shall use the 
authority provided under section 808 of title 5, United States Code.
    (c) <<NOTE: Effective date.>> The final regulations promulgated 
under subsection (a) shall take effect on the date of publication of the 
final regulations.

    Sec. 2104. In addition to amounts otherwise available, $20,000,000, 
to remain available until expended, from amounts pursuant to 15 U.S.C. 
713a-4 for the Secretary of Agriculture to make available financial 
assistance to eligible producers to promote water conservation in the 
Klamath Basin, as determined by the Secretary: Provided, That the 
issuance of regulations promulgated pursuant to this section shall be 
made without regard to: (1) the notice and comment provisions of section 
553 of title 5, United States Code; (2) the Statement of Policy of the 
Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), 
relating to notices of proposed rulemaking and public participation in 
rulemaking; and (3) chapter 35 of title 44, United States Code (commonly 
known as the ``Paperwork Reduction Act''): Provided further, That in 
carrying out this section, the Secretary shall use the authority 
provided under section 808 of title 5, United States Code.
    Sec. 2105. Under the heading ``Food Stamp Program'' in the 
Agriculture, Rural Development, Food and Drug Administration, and 
Related Agencies Appropriations Act, 2001 (as enacted by Public Law 106-
387), in the sixth proviso, <<NOTE: 114 Stat. 1549A-24.>> strike 
``$194,000,000'' and insert in lieu thereof ``$191,000,000''.

    Sec. 2106. Of funds which may be reserved by the Secretary for 
allocation to State agencies under section 16(h)(1) of the Food Stamp 
Act of 1977 to carry out the Employment and Training program, 
$39,500,000 made available in prior years are rescinded and returned to 
the Treasury.
    Sec. 2107. In addition to amounts otherwise available, $2,000,000, 
to remain available until expended, from amounts pursuant to 15 U.S.C. 
713a-4 for the Secretary of Agriculture to make available financial 
assistance to eligible producers to promote water conservation in the 
Yakima Basin, Washington, as determined by the Secretary: Provided, That 
the issuance of regulations promulgated pursuant to this section shall 
be made without regard to: (1) the notice and comment provisions of 
section 553 of title 5, United States Code; (2) the Statement of Policy 
of the Secretary of Agriculture effective July 24, 1971 (36 Fed. Reg. 
13804), relating to notices of proposed rulemaking and public 
participation in rulemaking; and (3) chapter 35 of title 44, United 
States Code (commonly known as the ``Paperwork Reduction Act''): 
Provided further, That in carrying out this section, the Secretary shall 
use the authority provided under section 808 of title 5, United States 
Code.
    Sec. 2108. (a) In addition to the payment of any other eligible 
expenses, the Secretary of Agriculture shall have the authority to 
approve the use of Commodity Credit Corporation funds pursuant to 15 
U.S.C. 713a-4 to make available up to $22,949,000 of financial 
assistance for internal transportation, storage, and handling expenses, 
and for any appropriate administrative expenses as determined by the 
Secretary, for cooperating sponsors with which the Secretary has entered 
into agreements in fiscal year 2001 or 2002

[[Page 115 STAT. 167]]

under the Global Food for Education Initiative covered by the notice 
published by the Corporation in the Federal Register on September 6, 
2000 (65 Fed. Reg. 53977 et seq.), for their activities under those 
agreements.
    (b) The unobligated balance of the funds appropriated by section 
745(e) of the Agriculture, Rural Development, Food and Drug 
Administration, and Related Agencies Appropriations Act, 2001 (as 
enacted into law by Public Law 106-387) is rescinded.

                                CHAPTER 2

                         DEPARTMENT OF COMMERCE

             National Oceanic and Atmospheric Administration

                      coastal and ocean activities

                         (including rescission)

    Of the funds made available in Public Law 106-553 for the costs of 
construction of a research center at the ACE Basin National Estuarine 
Research Reserve, for use under this heading until expended, $8,000,000 
are rescinded.
    For an additional amount for the activities specified in Public Law 
106-553 for which funds were rescinded in the preceding paragraph, 
$3,000,000, to remain available until expended for construction and 
$5,000,000, to remain available until expended for land acquisition.

                         Departmental Management

              emergency oil and gas guaranteed loan program

                              (rescission)

    Of the funds made available in the Emergency Oil and Gas Guaranteed 
Loan Program Act (chapter 2 of Public Law 106-51; 113 Stat. 255-258), 
$114,800,000 are rescinded.

                             RELATED AGENCY

                      Small Business Administration

                          salaries and expenses

                         (including rescission)

    Of the funds made available in Public Law 106-553 for the costs of 
technical assistance related to the New Markets Venture Capital Program 
for use under this heading in only fiscal year 2001, $30,000,000 are 
rescinded.
    For an additional amount for the activities specified in Public Law 
106-553 for which funds were rescinded in the preceding paragraph, 
$30,000,000, to remain available until expended.

[[Page 115 STAT. 168]]

                     business loans program account

                         (including rescission)

    Of the funds made available in Public Law 106-553 for the costs of 
guaranteed loans under the New Markets Venture Capital Program for use 
under this heading in only fiscal year 2001, $22,000,000 are rescinded.
    For an additional amount for the activities specified in Public Law 
106-553 for which funds were rescinded in the preceding paragraph, 
$22,000,000, to remain available until expended.

                    GENERAL PROVISIONS--THIS CHAPTER

    Sec. 2201. Section 144(d) of division B of Public Law 106-
554 <<NOTE: 114 Stat. 2763A-240.>> is amended--
            (1) in paragraph (1) and paragraph (5)(B) by striking ``not 
        later than May 1, 2001'' and inserting in lieu thereof ``as soon 
        as practicable'';
            (2) in paragraph (2)(A) by striking ``for vessels'' and 
        inserting in lieu thereof ``who hold such permits based on 
        fishing histories'';
            (3) in paragraph (2)(B)(i) by striking ``meets'' and 
        inserting in lieu thereof ``is fishing under a permit that is 
        issued based on fishing histories that meet'';
            (4) in paragraph (2)(B)(i) by inserting ``, provided that 
        any interim Bering Sea crab fishery certificates issued after 
        December 1, 2000 shall remain valid until the Secretary 
        implements final regulations consistent with the provisions of 
        this subparagraph'' after ``paragraph'';
            (5) in paragraph (3) by striking ``the May 1, 2001 date'' 
        and inserting in lieu thereof ``the direction to issue 
        regulations as soon as practicable as'';
            (6) in paragraph (3) by striking ``with that date''; and
            (7) in paragraph (2)(A)(ii) by striking ``have made'' and 
        inserting in lieu thereof ``except as specifically provided 
        otherwise in the regulations described in clause (i), include''.

    Sec. 2202. (a) Section 12102(c) of title 46, United States Code, as 
amended by section 202(a) of the American Fisheries Act (46 U.S.C. 12102 
note), is amended--
            (1) in paragraph (2)(B) by striking ``or the use'' and all 
        that follows in such paragraph and inserting in lieu thereof 
        ``or the exercise of rights under loan or mortgage covenants by 
        a mortgagee eligible to be a preferred mortgagee under section 
        31322(a) of this title, provided that a mortgagee not eligible 
        to own a vessel with a fishery endorsement may only operate such 
        a vessel to the extent necessary for the immediate safety of the 
        vessel or for repairs, drydocking or berthing changes.''; and
            (2) by striking paragraph (4) and renumbering the remaining 
        paragraph accordingly.

    (b) Section 31322(a)(4) of title 46, United States Code, as amended 
by section 202(b) of the American Fisheries Act (Public Law 105-277, 
division C, title II) is amended by striking paragraph (4)(B) and all 
that follows in such paragraph and inserting in lieu thereof the 
following:

[[Page 115 STAT. 169]]

                    ``(B) a state or federally chartered financial 
                institution that is insured by the Federal Deposit 
                Insurance Corporation;
                    ``(C) a farm credit lender established under title 
                12, chapter 23 of the United States Code;
                    ``(D) a commercial fishing and agriculture bank 
                established pursuant to State law;
                    ``(E) a commercial lender organized under the laws 
                of the United States or of a State and eligible to own a 
                vessel under section 12102(a) of this title; or
                    ``(F) a mortgage trustee under subsection (f) of 
                this section.''.

    (c) Section 31322 of title 46, United States Code is amended by 
adding at the end the following new subsections:
    ``(f)(1) A mortgage trustee may hold in trust, for an individual or 
entity, an instrument or evidence of indebtedness, secured by a mortgage 
of the vessel to the mortgage trustee, provided that the mortgage 
trustee--
            ``(A) is eligible to be a preferred mortgagee under 
        subsection (a)(4), subparagraphs (A)-(E) of this section;
            ``(B) is organized as a corporation, and is doing business, 
        under the laws of the United States or of a State;
            ``(C) is authorized under those laws to exercise corporate 
        trust powers;
            ``(D) is subject to supervision or examination by an 
        official of the United States Government or a State;
            ``(E) has a combined capital and surplus (as stated in its 
        most recent published report of condition) of at least 
        $3,000,000; and
            ``(F) meets any other requirements prescribed by the 
        Secretary.

    ``(2) If the beneficiary under the trust arrangement is not a 
commercial lender, a lender syndicate or eligible to be a preferred 
mortgagee under subsection (a)(4), subparagraphs (A)-(E) of this 
section, the Secretary must determine that the issuance, assignment, 
transfer, or trust arrangement does not result in an impermissible 
transfer of control of the vessel to a person not eligible to own a 
vessel with a fishery endorsement under section 12102(c) of this title.
    ``(3) A vessel with a fishery endorsement may be operated by a 
mortgage trustee only with the approval of the Secretary.
    ``(4) A right under a mortgage of a vessel with a fishery 
endorsement may be issued, assigned, or transferred to a person not 
eligible to be a mortgagee of that vessel under this section only with 
the approval of the Secretary.
    ``(5) The issuance, assignment, or transfer of an instrument or 
evidence of indebtedness contrary to this subsection is voidable by the 
Secretary.
    ``(g) For purposes of this section a `commercial lender' means an 
entity primarily engaged in the business of lending and other financing 
transactions with a loan portfolio in excess of $100,000,000, of which 
not more than 50 per centum in dollar amount consists of loans to 
borrowers in the commercial fishing industry, as certified to the 
Secretary by such lender.
    ``(h) For purposes of this section a `lender syndicate' means an 
arrangement established for the combined extension of credit of not less 
than $20,000,000 made up of four or more entities

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