PUBLIC LAW 106-31—MAY 21, 1999 113 STAT. 103 (C) Of any portion of such amount received in a fiscal year after fiscal year 2000— (i) an amount equal to 3 percent of such portion shall be credited to the Department of Justice Working Capital Fund in accordance with subparagraph (A)(i); and (ii) an eonount equal to the balance of such portion shall be available to the Secretstry of the Air Force for purposes of real property and facility maintenance projects at Ellsworth Air Force Base. (2) LIMITATION ON AVAILABILITY OF FUNDS FOR ACCESS ROAD.— (A) LIMITATION.—The amounts referred to in subparagraphs (A)(ii)(I) and (B)(ii) of paragraph (1) shall be available as specified in such subpsiragraphs only if, not later than September 30, 2000, the South Dakota Department of Transportation enters into an agreement with the Federal Highway Administration providing for the construction of an interchange on Interstate Route 90 at Box Elder, South Dakota. (B) ALTERNATIVE AVAILABILITY OF FUNDS.— If the agreement described in subparagraph (A) is not entered into by the date referred to in that subparagraph, the amounts described in that subparagraph shall be available to the Secretary of the Air Force as of that date for purposes of real property and facility maintenance projects at Ellsworth Air Force Base. (3) AVAILABILITY OF AMOUNTS. — (A) ACCESS ROAD. — Amounts aveiilable under this section for construction of the access road described in paragraph (l)(A)(iiXI) are in addition to amounts available for the construction of that access road under any other provision of law. (B) PROPERTY AND FACILITY MAINTENANCE PROJECTS.— Notwithstanding any other provision of law, amounts available under this section for property and facility maintenance projects at Ellsworth Air Force Base shall remain available for expenditure without fiscaJ year limitation. SEC. 3030. The Corps of Engineers is directed to reprogrsun $800,000 of the funds made available to that agency in fiscal year 1999 for the operation of the Pick-Sloan project to perform the preliminary work needed to transfer Federal lands to certain tribes and the State of South Dakota, and to protect invaluable Indian cultural sites, under the Cheyenne River Sioux Tribe, Lower Brule Sioux Tribe, and State of South Dakota Terrestrial Wildlife Habitat Restoration Act. SEC. 3031. PROHIBITION ON TREATING ANY FUNDS RECOVERED FROM TOBACCO COMPANIES AS AN OVERPAYMENT FOR PURPOSES OF MEDICAID, (a) AMENDMENT TO SOCIAL SECURITY ACT.— Section 1903(d)(3) of the Social Security Act (42 U.S.C. 1396b(d)(3)) is amended— (1) by inserting "(A)" after "(3)"; and (2) by adding at the end the following: "(B)(i) Subpeo-agraph (A) and paragraph (2)(B) shall not apply to any amount recovered or paid to a State as part of the comprehensive settlement of November 1998 between manufacturers of tobacco products, as defined in section 5702(d)
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