Page:United States Statutes at Large Volume 101 Part 1.djvu/199

 PUBLIC LAW 100-17—APR. 2, 1987

101 STAT. 169

manner as any proceeding under chapter 171 of such title, ii::'ja:. or any proceeding under chapter 171 of such title or action against the United States filed pursuant to section 1346(b) of such title, and shall be subject to the limitations and exceptions applicable to such a proceeding or action. "(D) REMOVAL.—Upon certification by the Attorney General that a civil action or proceeding with respect to a claim described in subparagraph (A) is being brought in a State court, such civil action or proceeding shall be removed from "'•• the State court without bond at any time before trial by the Attorney General to the district court of the United States for the district and division embracing the place wherein it ' •- ' is pending and the proceeding shall be deemed a tort action brought against the United States under the provisions of • title 28, United States Code. For purposes of removal, the '• certification of the Attorney General under this subparagraph shall be conclusive. " < ^ "(E) SOURCES OF PAYMENTS.—Payment of any award, compromise, or settlement of a civil action or proceeding with respect to a claim described in subparagraph (A) shall be paid first out of insurance maintained by the National Academy of Sciences, second from funds made available to r'5 carry out this subsection, and then from sums made available under section 1304 of title 31, United States Code. For purposes of such section, such an award, compromise, or settlement shall be deemed to be a judgment, award, or settlement payable under section 2414 or 2672 of title 28, United States Code. The Secretary may establish a reserve of funds made available to carry out this subsection for making payments under this paragraph.".

28 USC 2671 et s«9

Claims.

Claims.

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SEC. 129. HIGHWAY PLANNING AND RESEARCH.

Section 307(c)(1) of title 23, United States Code, is amended by inserting after "section 104 of this title" the following: "and for highway projects under section 103(e)(4)". SEC. 130. WILDFLOWERS.

Section 319 of title 23, United States Code, is amended by inserting "(a) LANDSCAPE AND ROADSIDE DEVELOPMENT.—" before "The Secretary" and by adding at the end thereof the following new subsection: "(b) PLANTING OF WILDFLOWERS.— "(1) GENERAL RULE.—The Secretary

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shall require the planting of native wildflower seeds or seedlings, or both, as part of any landscaping project under this section. At least V* of 1 percent of the funds expended for such landscaping project shall be used for such plantings. "(2) WAIVER.—The requirements of this subsection may be Agriculture and waived by the Secretary if a State certifies that native agricultural wildflowers or seedlings cannot be grown satisfactorily or commodities. planting areas are limited or otherwise used for agricultural purposes. ^?IJ "i "(3) GIFTS.—Nothing in this subsection shall be construed to prohibit the acceptance of native wildflower seeds or seedlings donated by civic organizations or other organizations and individuals to be used in landscaping projects.".

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