Page:United States Statutes at Large Volume 101 Part 1.djvu/1004

 101 STAT. 974

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PUBLIC LAW 100-175—NOV. 29, 1987

or 805, the Secretary shall transmit to the chairman written notice— "(1) identifying such application; "(2) containing a copy of the list submitted to the Secretary under subsection G))(3) in which such application is ranked; "(3) specifying which other applications ranked in such list have been approved by the Secretary under sections 803 and 805; and "(4) if the Secretary has not approved each application superior in merit, as indicated on such list, to the application with respect to which such notice is transmitted, containing a statement of the reasons relied upon by the Secretary for— "(A) approving the application with respect to which such notice is transmitted; and u "(B) failing to approve each pending application that is superior in merit, as indicated on such list, to the application described in subparagraph (A).". SEC. 503. PROCEDURAL REQUIREMENTS.

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(a) RULEMAKING.—The Native American Programs Act of 1974 (42 U.S.C. 2991-2992d) is amended by inserting after section 813, as so redesignated by section 502, the following: "ADDITIONAL REQUIREMENTS APPLICABLE TO RULEMAKING

Loans. Grants. 42 USC^*2992b-i

"SEC. 814. (a) Notwithstanding subsection (a) of section 553 of title 5, United States Code, and except as otherwise provided in this section, such section 553 shall apply with respect to the establishment and general operation of any program that provides loans, grants, benefits, or contracts authorized by this title. "03)(1) Subparagraph (A) of the last sentence of section 553(b) of title 5, United States Code, shall not apply with respect to any interpretative rule or general statement of policy— "(A) proposed under this title; or ' " "(B) applicable exclusively to any program, project, or activity authorized by, or carried out under, this title. "(2) Subparagraph (B) of the last sentence of section 553(b) of title 5, United States Code, shall not apply with respect to any rule (other than an interpretative rule or a general statement of policy)— "(A) proposed under this title; or "(B) applicable exclusively to any program, project, or activity authorized by, or carried out under, this title. "(3) The first 2 sentences of section 5530)) of title 5, United States Code, shall apply with respect to any rule (other than an interpretative rule, a general statement of policy, or a rule of agency organization, procedure, or practice) that is— "(A) proposed under this title; or "(B) applicable exclusively to any program, project, or activity authorized by, or carried out under, this title; unless the Secretary for good cause finds (and incorporates the finding and a brief statement of the reasons therefor in such rule) that notice and public procedure thereon are contrary to the public interest or would impair the effective administration of any program, project, or activity with respect to which such rule is issued. "(c) Notwithstanding section 553(d) of title 5, United States Code, no rule (including an interpretative rule) or general statement of policy that—

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