PUBLIC LAW 108–324—OCT. 13, 2004

MILITARY CONSTRUCTION APPROPRIATIONS

AND EMERGENCY HURRICANE

SUPPLEMENTAL APPROPRIATIONS ACT, 2005

118 STAT. 1220 PUBLIC LAW 108–324—OCT. 13, 2004

Public Law 108–324

108th Congress

An Act

Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2005, and for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act,

2005’’.

SEC. 2. REFERENCES.

Except as expressly provided otherwise, any reference to ‘‘this

Act’’ contained in any division of this Act shall be treated as

referring only to the provisions of that division.

DIVISION A—MILITARY CONSTRUCTION APPROPRIATIONS

ACT, 2005

That the following sums are appropriated, out of any money

in the Treasury not otherwise appropriated for military construction, family housing, and base realignment and closure functions

administered by the Department of Defense, for the fiscal year

ending September 30, 2005, and for other purposes, namely:

MILITARY CONSTRUCTION, ARMY

(INCLUDING RESCISSIONS)

For acquisition, construction, installation, and equipment of

temporary or permanent public works, military installations, facilities, and real property for the Army as currently authorized by

law, including personnel in the Army Corps of Engineers and other

personal services necessary for the purposes of this appropriation,

and for construction and operation of facilities in support of the

functions of the Commander in Chief, $1,981,084,000, to remain

available until September 30, 2009: Provided, That of this amount,

not to exceed $156,999,000 shall be available for study, planning,

design, architect and engineer services, and host nation support,

as authorized by law, unless the Secretary of Defense determines

that additional obligations are necessary for such purposes and

notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds appropriated for ‘‘Military Construction,

Military

Construction

Appropriations

Act, 2005.

Military

Construction

Appropriations

and Emergency

Hurricane

Supplemental

Appropriations

Act, 2005.

Oct. 13, 2004

[H.R. 4837]

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1221

Army’’ under Public Law 107–249, $7,276,000 are rescinded: Provided further, That of the funds appropriated for ‘‘Military Construc- tion, Army’’ under Public Law 107–64; $3,924,000 are rescinded:

Provided further, That of the funds appropriated for ‘‘Military Construction, Army’’ under Public Law 106–246, $7,776,000 are

rescinded.

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

(INCLUDING RESCISSION)

For acquisition, construction, installation, and equipment of

temporary or permanent public works, naval installations, facilities,

and real property for the Navy and Marine Corps as currently

authorized by law, including personnel in the Naval Facilities

Engineering Command and other personal services necessary for

the purposes of this appropriation, $1,069,947,000, to remain available until September 30, 2009: Provided, That of this amount,

not to exceed $90,830,000 shall be available for study, planning,

design, and architect and engineer services, as authorized by law,

unless the Secretary of Defense determines that additional obligations are necessary for such purposes and notifies the Committees

on Appropriations of both Houses of Congress of the determination

and the reasons therefor: Provided further, That of the funds appropriated for ‘‘Military Construction, Navy’’ under Public Law 108–

132, $24,000,000 are rescinded.

MILITARY CONSTRUCTION, AIR FORCE

(INCLUDING RESCISSION)

For acquisition, construction, installation, and equipment of

temporary or permanent public works, military installations, facilities, and real property for the Air Force as currently authorized

by law, $866,331,000, to remain available until September 30, 2009:

Provided, That of this amount, not to exceed $130,711,000 shall

be available for study, planning, design, and architect and engineer

services, as authorized by law, unless the Secretary of Defense

determines that additional obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses

of Congress of the determination and the reasons therefor: Provided

further, That of the funds appropriated for ‘‘Military Construction, Air Force’’ under Public Law, 108–106, $21,800,000 are rescinded.

MILITARY CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS AND RESCISSIONS)

For acquisition, construction, installation, and equipment of

temporary or permanent public works, installations, facilities, and

real property for activities and agencies of the Department of

Defense (other than the military departments), as currently authorized by law, $686,055,000, to remain available until September

30, 2009: Provided, That such amounts of this appropriation as

may be determined by the Secretary of Defense may be transferred

to such appropriations of the Department of Defense available for

military construction or family housing as the Secretary may designate, to be merged with and to be available for the same purposes,

and for the same time period, as the appropriation or fund to

118 STAT. 1222 PUBLIC LAW 108–324—OCT. 13, 2004

which transferred: Provided further, That of the amount appro- priated, not to exceed $62,800,000 shall be available for study,

planning, design, and architect and engineer services, as authorized

by law, unless the Secretary of Defense determines that additional

obligations are necessary for such purposes and notifies the Committees on Appropriations of both Houses of Congress of the determination and the reasons therefor: Provided further, That of the funds

appropriated for ‘‘Military Construction, Defense-Wide’’ under

Public Law 107–249, $16,737,000 are rescinded: Provided further,

That of the funds appropriated for ‘‘Military Construction, DefenseWide’’ under Public Law 107–64, $6,000,000 are rescinded.

MILITARY CONSTRUCTION, ARMY NATIONAL GUARD

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Army National Guard, and contributions therefor, as authorized

by chapter 1803 of title 10, United States Code, and Military

Construction Authorization Acts, $446,748,000, to remain available

until September 30, 2009.

MILITARY CONSTRUCTION, AIR NATIONAL GUARD

(INCLUDING RESCISSION)

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Air National Guard, and contributions therefor, as authorized by

chapter 1803 of title 10, United States Code, and Military Construction Authorization Acts, $243,043,000, to remain available until

September 30, 2009: Provided, That of the funds appropriated for

‘‘Military Construction, Air National Guard’’ under Public Law 108–

132, $5,000,000 are rescinded.

MILITARY CONSTRUCTION, ARMY RESERVE

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Army Reserve as authorized by chapter 1803 of title 10, United

States Code, and Military Construction Authorization Acts,

$92,377,000, to remain available until September 30, 2009.

MILITARY CONSTRUCTION, NAVAL RESERVE

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

reserve components of the Navy and Marine Corps as authorized

by chapter 1803 of title 10, United States Code, and Military

Construction Authorization Acts, $44,246,000, to remain available

until September 30, 2009.

MILITARY CONSTRUCTION, AIR FORCE RESERVE

For construction, acquisition, expansion, rehabilitation, and

conversion of facilities for the training and administration of the

Air Force Reserve as authorized by chapter 1803 of title 10, United

States Code, and Military Construction Authorization Acts,

$123,977,000, to remain available until September 30, 2009.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1223

NORTH ATLANTIC TREATY ORGANIZATION

SECURITY INVESTMENT PROGRAM

(INCLUDING RESCISSION)

For the United States share of the cost of the North Atlantic

Treaty Organization Security Investment Program for the acquisition and construction of military facilities and installations

(including international military headquarters) and for related

expenses for the collective defense of the North Atlantic Treaty

Area as authorized by section 2806 of title 10, United States Code,

and Military Construction Authorization Acts, $165,800,000, to

remain available until expended: Provided, That of the funds appropriated for ‘‘North Atlantic Treaty Organization Security Investment Program’’ under Public Law 108–132, $5,000,000 are

rescinded.

FAMILY HOUSING CONSTRUCTION, ARMY

(INCLUDING RESCISSION)

For expenses of family housing for the Army for construction,

including acquisition, replacement, addition, expansion, extension,

and alteration, as authorized by law, $636,099,000, to remain available until September 30, 2009: Provided, That of the funds appropriated for ‘‘Family Housing Construction, Army’’ under Public Law

107–249, $21,000,000 are rescinded.

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For expenses of family housing for the Army for operation

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as

authorized by law, $926,507,000.

FAMILY HOUSING CONSTRUCTION, NAVY AND MARINE CORPS

(INCLUDING RESCISSIONS)

For expenses of family housing for the Navy and Marine Corps

for construction, including acquisition, replacement, addition,

expansion, extension, and alteration, as authorized by law,

$139,107,000, to remain available until September 30, 2009: Provided, That of the funds appropriated for ‘‘Family Housing Construction, Navy and Marine Corps’’ under Public Law 108–132,

$6,737,000 are rescinded: Provided further, That of the funds appropriated for ‘‘Family Housing Construction, Navy and Marine Corps’’

under Public Law 107–64, $5,564,000 are rescinded.

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For expenses of family housing for the Navy and Marine Corps

for operation and maintenance, including debt payment, leasing,

minor construction, principal and interest charges, and insurance

premiums, as authorized by law, $696,304,000.

118 STAT. 1224 PUBLIC LAW 108–324—OCT. 13, 2004

FAMILY HOUSING CONSTRUCTION, AIR FORCE

(INCLUDING RESCISSIONS)

For expenses of family housing for the Air Force for construction, including acquisition, replacement, addition, expansion, extension, and alteration, as authorized by law, $846,959,000, to remain

available until September 30, 2009: Provided, That of the funds

appropriated for ‘‘Family Housing Construction, Air Force’’ under

Public Law 108–132, $6,000,000 are rescinded: Provided further,

That of the funds appropriated for ‘‘Family Housing Construction,

Air Force’’ under Public Law 107–64, $25,720,000 are rescinded:

Provided further, That of the funds appropriated for ‘‘Family

Housing Construction, Air Force’’ under Public Law 106–246,

$13,451,000 are rescinded.

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For expenses of family housing for the Air Force for operation

and maintenance, including debt payment, leasing, minor construction, principal and interest charges, and insurance premiums, as

authorized by law, $853,384,000.

FAMILY HOUSING CONSTRUCTION, DEFENSE-WIDE

For expenses of family housing for the activities and agencies

of the Department of Defense (other than the military departments)

for construction, including acquisition, replacement, addition,

expansion, extension, and alteration, as authorized by law, $49,000,

to remain available until September 30, 2009.

FAMILY HOUSING OPERATION AND MAINTENANCE, DEFENSE-WIDE

For expenses of family housing for the activities and agencies

of the Department of Defense (other than the military departments)

for operation and maintenance, leasing, and minor construction,

as authorized by law, $49,575,000.

DEPARTMENT OF DEFENSE FAMILY HOUSING IMPROVEMENT FUND

(INCLUDING RESCISSIONS)

For the Department of Defense Family Housing Improvement

Fund, $2,500,000, to remain available until expended, for family

housing initiatives undertaken pursuant to section 2883 of title

10, United States Code, providing alternative means of acquiring

and improving military family housing and supporting facilities:

Provided, That of the funds appropriated for ‘‘Department of

Defense Family Housing Improvement Fund’’ under Public Law

108–132, $8,301,000 are rescinded: Provided further, That of the

funds appropriated for ‘‘Department of Defense Family Housing

Improvement Fund’’ under Public Law 107–249, $10,808,000 are

rescinded.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1225

CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For expenses of construction, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal

chemical agents and munitions in accordance with the provisions

of section 1412 of the Department of Defense Authorization Act,

1986 (50 U.S.C. 1521), and for the destruction of other chemical

warfare materials that are not in the chemical weapon stockpile,

as currently authorized by law, $81,886,000, to remain available

until September 30, 2009: Provided, That such amounts of this

appropriation as may be determined by the Secretary of Defense

may be transferred to such appropriations of the Department of

Defense available for military construction as the Secretary may

designate, to be merged with and to be available for the same

purposes, and for the same time period, as the appropriation to

which transferred.

BASE REALIGNMENT AND CLOSURE ACCOUNT

For deposit into the Department of Defense Base Closure

Account 1990 established by section 2906(a)(1) of the Defense Base

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),

$246,116,000, to remain available until expended.

GENERAL PROVISIONS

SEC. 101. None of the funds made available in this Act shall

be expended for payments under a cost-plus-a-fixed-fee contract

for construction, where cost estimates exceed $25,000, to be performed within the United States, except Alaska, without the specific

approval in writing of the Secretary of Defense setting forth the

reasons therefor.

SEC. 102. Funds appropriated to the Department of Defense

for construction shall be available for hire of passenger motor

vehicles.

SEC. 103. Funds appropriated to the Department of Defense

for construction may be used for advances to the Federal Highway

Administration, Department of Transportation, for the construction

of access roads as authorized by section 210 of title 23, United

States Code, when projects authorized therein are certified as

important to the national defense by the Secretary of Defense.

SEC. 104. None of the funds made available in this Act may

be used to begin construction of new bases in the United States

for which specific appropriations have not been made.

SEC. 105. None of the funds made available in this Act shall

be used for purchase of land or land easements in excess of 100

percent of the value as determined by the Army Corps of Engineers

or the Naval Facilities Engineering Command, except: (1) where

there is a determination of value by a Federal court; (2) purchases

negotiated by the Attorney General or his designee; (3) where

the estimated value is less than $25,000; or (4) as otherwise determined by the Secretary of Defense to be in the public interest.

SEC. 106. None of the funds made available in this Act shall

be used to: (1) acquire land; (2) provide for site preparation; or

(3) install utilities for any family housing, except housing for which

Contracts.

118 STAT. 1226 PUBLIC LAW 108–324—OCT. 13, 2004

funds have been made available in annual Military Construction

Appropriations Acts.

SEC. 107. None of the funds made available in this Act for

minor construction may be used to transfer or relocate any activity

from one base or installation to another, without prior notification

to the Committees on Appropriations of both Houses of Congress.

SEC. 108. None of the funds made available in this Act may

be used for the procurement of steel for any construction project

or activity for which American steel producers, fabricators, and

manufacturers have been denied the opportunity to compete for

such steel procurement.

SEC. 109. None of the funds available to the Department of

Defense for military construction or family housing during the

current fiscal year may be used to pay real property taxes in

any foreign nation.

SEC. 110. None of the funds made available in this Act may

be used to initiate a new installation overseas without prior notification to the Committees on Appropriations of both Houses of Congress.

SEC. 111. None of the funds made available in this Act may

be obligated for architect and engineer contracts estimated by the

Government to exceed $500,000 for projects to be accomplished

in Japan, in any NATO member country, or in countries bordering

the Arabian Sea, unless such contracts are awarded to United

States firms or United States firms in joint venture with host

nation firms.

SEC. 112. None of the funds made available in this Act for

military construction in the United States territories and possessions in the Pacific and on Kwajalein Atoll, or in countries bordering

the Arabian Sea, may be used to award any contract estimated

by the Government to exceed $1,000,000 to a foreign contractor:

Provided, That this section shall not be applicable to contract

awards for which the lowest responsive and responsible bid of

a United States contractor exceeds the lowest responsive and

responsible bid of a foreign contractor by greater than 20 percent:

Provided further, That this section shall not apply to contract

awards for military construction on Kwajalein Atoll for which the

lowest responsive and responsible bid is submitted by a Marshallese

contractor.

SEC. 113. The Secretary of Defense is to inform the appropriate

committees of both Houses of Congress, including the Committees

on Appropriations, of the plans and scope of any proposed military

exercise involving United States personnel 30 days prior to its

occurring, if amounts expended for construction, either temporary

or permanent, are anticipated to exceed $100,000.

SEC. 114. Not more than 20 percent of the funds made available

in this Act which are limited for obligation during the current

fiscal year shall be obligated during the last 2 months of the

fiscal year.

(TRANSFER OF FUNDS)

SEC. 115. Funds appropriated to the Department of Defense

for construction in prior years shall be available for construction

authorized for each such military department by the authorizations

enacted into law during the current session of Congress.

SEC. 116. For military construction or family housing projects

that are being completed with funds otherwise expired or lapsed

Notification.

Deadline.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1227

for obligation, expired or lapsed funds may be used to pay the

cost of associated supervision, inspection, overhead, engineering

and design on those projects and on subsequent claims, if any.

SEC. 117. Notwithstanding any other provision of law, any

funds appropriated to a military department or defense agency

for the construction of military projects may be obligated for a

military construction project or contract, or for any portion of such

a project or contract, at any time before the end of the fourth

fiscal year after the fiscal year for which funds for such project

were appropriated if the funds obligated for such project: (1) are

obligated from funds available for military construction projects;

and (2) do not exceed the amount appropriated for such project,

plus any amount by which the cost of such project is increased

pursuant to law.

SEC. 118. The Secretary of Defense is to provide the Committees

on Appropriations of both Houses of Congress with an annual

report by February 15, containing details of the specific actions

proposed to be taken by the Department of Defense during the

current fiscal year to encourage other member nations of the North

Atlantic Treaty Organization, Japan, Korea, and United States

allies bordering the Arabian Sea to assume a greater share of

the common defense burden of such nations and the United States.

(TRANSFER OF FUNDS)

SEC. 119. In addition to any other transfer authority available

to the Department of Defense, proceeds deposited to the Department

of Defense Base Closure Account established by section 207(a)(1)

of the Defense Authorization Amendments and Base Closure and

Realignment Act (Public Law 100–526) pursuant to section

207(a)(2)(C) of such Act, may be transferred to the account established by section 2906(a)(1) of the Defense Base Closure and

Realignment Act of 1990 (10 U.S.C. 2687 note), to be merged

with, and to be available for the same purposes and the same

time period as that account.

(TRANSFER OF FUNDS)

SEC. 120. Subject to 30 days prior notification to the Committees on Appropriations of both Houses of Congress, such additional

amounts as may be determined by the Secretary of Defense may

be transferred to: (1) the Department of Defense Family Housing

Improvement Fund from amounts appropriated for construction

in ‘‘Family Housing’’ accounts, to be merged with and to be available

for the same purposes and for the same period of time as amounts

appropriated directly to the Fund; or (2) the Department of Defense

Military Unaccompanied Housing Improvement Fund from amounts

appropriated for construction of military unaccompanied housing

in ‘‘Military Construction’’ accounts, to be merged with and to

be available for the same purposes and for the same period of

time as amounts appropriated directly to the Fund: Provided, That

appropriations made available to the Funds shall be available to

cover the costs, as defined in section 502(5) of the Congressional

Budget Act of 1974, of direct loans or loan guarantees issued by

the Department of Defense pursuant to the provisions of subchapter

IV of chapter 169, title 10, United States Code, pertaining to alternative means of acquiring and improving military family housing,

military unaccompanied housing, and supporting facilities.

Reports.

Deadline.

10 USC 2860

note.

118 STAT. 1228 PUBLIC LAW 108–324—OCT. 13, 2004

SEC. 121. None of the funds made available in this Act may

be obligated for Partnership for Peace Programs in the New Independent States of the former Soviet Union.

SEC. 122. (a) Not later than 60 days before issuing any solicitation for a contract with the private sector for military family housing

the Secretary of the military department concerned shall submit

to the Committees on Appropriations of both Houses of Congress

the notice described in subsection (b).

(b)(1) A notice referred to in subsection (a) is a notice of any

guarantee (including the making of mortgage or rental payments)

proposed to be made by the Secretary to the private party under

the contract involved in the event of—

(A) the closure or realignment of the installation for which

housing is provided under the contract;

(B) a reduction in force of units stationed at such installation; or

(C) the extended deployment overseas of units stationed

at such installation.

(2) Each notice under this subsection shall specify the nature

of the guarantee involved and assess the extent and likelihood,

if any, of the liability of the Federal Government with respect

to the guarantee.

(TRANSFER OF FUNDS)

SEC. 123. In addition to any other transfer authority available

to the Department of Defense, amounts may be transferred from

the account established by section 2906(a)(1) of the Defense Base

Closure and Realignment Act of 1990 (10 U.S.C. 2687 note), to

the fund established by section 1013(d) of the Demonstration Cities

and Metropolitan Development Act of 1966 (42 U.S.C. 3374) to

pay for expenses associated with the Homeowners Assistance Program. Any amounts transferred shall be merged with and be available for the same purposes and for the same time period as the

fund to which transferred.

SEC. 124. Notwithstanding this or any other provision of law,

funds made available in this Act for operation and maintenance

of family housing shall be the exclusive source of funds for repair

and maintenance of all family housing units, including general

or flag officer quarters: Provided, That not more than $35,000

per unit may be spent annually for the maintenance and repair

of any general or flag officer quarters without 30 days prior notification to the appropriate Committees on Appropriations of both

Houses of Congress, except that an after-the-fact notification shall

be submitted if the limitation is exceeded solely due to costs associated with environmental remediation that could not be reasonably

anticipated at the time of the budget submission: Provided further,

That the Under Secretary of Defense (Comptroller) is to report

annually to the Committees on Appropriations of both Houses of

Congress all operation and maintenance expenditures for each individual general or flag officer quarters for the prior fiscal year.

SEC. 125. 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 Act or any other appropriation Act.

Reports.

10 USC 2821

note.

Deadline.

Contracts.

Notice.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1229

SEC. 126. None of the funds made available in this Act under

the heading ‘‘North Atlantic Treaty Organization Security Investment Program’’, and no funds appropriated for any fiscal year

before fiscal year 2005 for that program that remain available

for obligation, may be obligated or expended for the conduct of

studies of missile defense.

SEC. 127. Section 128(b)3(A) of Public Law 108–132 is amended

by striking the words ‘‘December 31, 2004’’ and replacing with

‘‘August 15, 2005’’.

SEC. 128. Whenever the Secretary of Defense or any other

official of the Department of Defense is requested by the Subcommittee on Military Construction of the Committee on Appropriations of either House of Congress to respond to a question or

inquiry submitted by the chairman or another member of that

subcommittee pursuant to a subcommittee hearing or other activity,

the Secretary (or other official) shall respond to the request, in

writing, within 21 days of the date on which the request is transmitted to the Secretary (or other official).

SEC. 129. Amounts contained in the Ford Island Improvement

Account established under 10 U.S.C. 2814(h) are appropriated and

shall be available until expended for the purposes specified in

10 U.S.C. 2814(i)(1) or until transferred pursuant to the provisions

of 10 U.S.C. 2814(i)(3).

SEC. 130. The fitness center at Homestead Air Reserve Base,

Florida, shall be known and designated as the ‘‘Sam Johnson Fitness Center’’. Any reference to such facility in any law, regulation,

map, document, record, or other paper of the United States shall

be considered to be a reference to the Sam Johnson Fitness Center.

SEC. 131. (a) TRANSFER OF CERTAIN EXCESS PROPERTY AT FORT

HUNTER LIGGETT, CALIFORNIA.—

(1) Notwithstanding any other provision of law, whenever

the Secretary of the Army determines that any portion of

real property consisting of approximately 165,000 acres at Fort

Hunter Liggett, California, is excess to the military needs of

the Army, and the Secretary of Defense concurs that the property is not needed to meet other Department of Defense requirements, the Secretary of the Army shall first offer the property

to the Secretary of Agriculture.

(2) If the Secretary of Agriculture determines, pursuant

to negotiations with the Secretary of the Army, to accept the

property offered under paragraph (1), the Secretary of the Army

shall transfer administrative jurisdiction of such property to

the Secretary of Agriculture.

(b) MANAGEMENT OF TRANSFERRED PROPERTY.—

(1) The Secretary of Agriculture shall manage any property

transferred under subsection (a) as part of the National Forest

System under the Act of March 1, 1911 (commonly known

as ‘‘Weeks Law’’) (16 U.S.C. 480 et seq.), and other laws relating

to the National Forest System.

(2) Any property managed under paragraph (1) shall be

subject to the concurrent jurisdiction of the State of California.

(c) ADJUSTMENT OF BOUNDARIES.—

(1) Effective upon the transfer of property under subsection

(a), the boundaries of Los Padres National Forest shall be

modified to incorporate such property. The Chief of the United

States Forest Service shall file and make available for public

inspection in the Office of the Chief of the United States Forest

Effective date.

Federal buildings

and facilities.

Deadline.

10 USC 111 note.

118 STAT. 1230 PUBLIC LAW 108–324—OCT. 13, 2004

Service in Washington, District of Columbia, a map reflecting

any modification of the boundaries of Los Padres National

Forest pursuant to the preceding sentence.

(2) Any property incorporated within the boundaries of

Los Padres National Forest under this section shall be deemed

to have been within the boundaries of Los Padres National

Forest as of January 1, 1965, for purposes of section 7(a)

of the Land and Water Conservation Fund Act of 1965 (16

U.S.C. 460l–9(a)).

(d) ENVIRONMENTAL MATTERS.—As part of the transfer of property under subsection (a), the Secretary of the Army shall perform,

in accordance with the Comprehensive Environmental Response,

Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.),

all environmental remediation actions necessary to respond to

environmental contamination or injury to natural resources attributable to former military activities on the property.

SEC. 132. Unless stated otherwise, all reports and notifications

required by division A shall be submitted to the Subcommittee

on Military Construction of the Committee on Appropriations of

each House of Congress.

This division may be cited as the ‘‘Military Construction Appropriations Act, 2005’’.

DIVISION B—EMERGENCY SUPPLEMENTAL APPROPRIATIONS FOR HURRICANE DISASTERS ASSISTANCE ACT,

2005

AN ACT

Making emergency supplemental appropriations for the fiscal year ending September

30, 2005, for additional disaster assistance relating to natural disasters, and

for other purposes.

That the following sums are appropriated, out of any money

in the Treasury not otherwise appropriated, for the fiscal year

ending September 30, 2005, to provide emergency supplemental

appropriations for additional disaster assistance relating to natural

disasters, and for other purposes, namely:

CHAPTER 1

DEPARTMENT OF AGRICULTURE

FARM SERVICE AGENCY

EMERGENCY CONSERVATION PROGRAM

For an additional amount for ‘‘Emergency Conservation Program’’, for expenses resulting from natural disasters, $100,000,000,

to remain available until expended: Provided, That the amounts

provided under this heading are designated as an emergency

requirement pursuant to section 402 of S. Con. Res. 95 (108th

Congress), as made applicable to the House of Representatives

by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

Emergency

Supplemental

Appropriations

for Hurricane

Disasters

Assistance Act of

2005.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1231

NATURAL RESOURCES CONSERVATION SERVICE

EMERGENCY WATERSHED PROTECTION PROGRAM

For an additional amount for ‘‘Emergency Watershed Protection

Program’’ to repair damages to the waterways and watersheds

resulting from natural disasters, $250,000,000, to remain available

until expended: Provided, That the amounts provided under this

heading are designated as an emergency requirement pursuant

to section 402 of S. Con. Res. 95 (108th Congress), as made

applicable to the House of Representatives by H. Res. 649 (108th

Congress) and applicable to the Senate by section 14007 of Public

Law 108–287.

RURAL DEVELOPMENT

RURAL COMMUNITY ADVANCEMENT PROGRAM

For an additional amount for the ‘‘Rural Community Advance- ment Program’’, $68,000,000, to remain available until expended:

Provided, That $50,000,000 shall be available for water and waste

disposal grants as authorized by 7 U.S.C. 1926(a): Provided further, That $18,000,000 shall be for the cost of community facility direct

loans and grants as authorized by 7 U.S.C. 1926(a): Provided further, That loans and grants under this heading shall be available

for projects in communities affected by hurricanes and tropical

storms in calendar year 2003 or 2004: Provider further, That the

amounts provided under this heading are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

RURAL HOUSING SERVICE

RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT

For additional gross obligations for the principal amount of

direct loans as authorized by title V of the Housing Act of 1949,

to be available from funds in the rural housing insurance fund,

$17,000,000 for section 504 housing repair loans: Provided, That

this loan level shall be considered an estimate and not a limitation.

For the additional cost of direct loans, including the cost of

modifying loans, as defined in section 502 of the Congressional

Budget Act of 1974: section 504 housing repair loans, $5,000,000,

to remain available until expended: Provided, That such loans shall

only be available for projects in communities affected by hurricanes

and tropical storms in calendar year 2003 or 2004: Provided further,

That the amounts provided under this heading are designated as

an emergency requirement pursuant to section 402 of S. Con. Res.

95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

RURAL HOUSING ASSISTANCE GRANTS

For an additional amount for ‘‘Rural Housing Assistance

Grants’’, $13,000,000, to remain available until expended, of which

$8,000,000 shall be for grants and contracts for very low-income

118 STAT. 1232 PUBLIC LAW 108–324—OCT. 13, 2004

housing repair, made by the Rural Housing Service, as authorized

by 42 U.S.C. 1474, and of which $5,000,000 shall be for domestic

farm labor housing grants and contracts, as authorized by 42 U.S.C.

1486: Provided, That of the funds made available for domestic

farm labor housing grants, the Secretary may use up to $3,000,000

to provide grants authorized under 42 U.S.C. 5177a(a): Provided

further, That such grants and contracts under this heading shall

only be available for projects in communities affected by hurricanes

and tropical storms in calendar year 2003 or 2004: Provided further,

That the amounts provided under this heading are designated as

an emergency requirement pursuant to section 402 of S. Con. Res.

95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 101. AGRICULTURAL DISASTER ASSISTANCE.

(a) CROP DISASTER ASSISTANCE.—

(1) DEFINITIONS.—In this subsection:

(A) ADDITIONAL COVERAGE.—The term ‘‘additional coverage’’ has the meaning given the term in section 502(b)(1)

of the Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).

(B) INSURABLE COMMODITY.—The term ‘‘insurable commodity’’ means an agricultural commodity (excluding livestock) for which the producers on a farm are eligible to

obtain a policy or plan of insurance under the Federal

Crop Insurance Act (7 U.S.C. 1501 et seq.).

(C) NONINSURABLE COMMODITY.—The term ‘‘noninsurable commodity’’ means an eligible crop for which the producers on a farm are eligible to obtain assistance under

section 196 of the Federal Agriculture Improvement and

Reform Act of 1996 (7 U.S.C. 7333).

(2) EMERGENCY FINANCIAL ASSISTANCE.—Notwithstanding

section 508(b)(7) of the Federal Crop Insurance Act (7 U.S.C.

1508(b)(7)), the Secretary of Agriculture shall use such sums

as are necessary of funds of the Commodity Credit Corporation

to make emergency financial assistance authorized under this

subsection available to producers on a farm (other than producers of cottonseed or sugar cane) that have incurred qualifying crop or quality losses for the 2003, 2004, or 2005 crop

(as elected by a producer), but limited to only one of the

crop years listed, due to damaging weather or related condition,

as determined by the Secretary: Provided, That qualifying crop

losses for the 2005 crop are limited to only those losses caused

by a hurricane or tropical storm of the 2004 hurricane season

in counties declared disaster areas by the President of the

United States: Provided further, That notwithstanding the crop

year election limitation in this paragraph, $53,000,000 shall

be provided to the Secretary of Agriculture, of which

$50,000,000 shall be for crop losses in the Commonwealth of

Virginia, and of which $3,000,000 shall be for fruit and vegetable losses in the State of North Carolina: Provided further,

That these losses resulted from hurricanes, tropical storms,

and other weather related disasters that occurred during calendar year 2003, to remain available until expended.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1233

(3) ADMINISTRATION.—The Secretary shall make assistance

available under this subsection in the same manner as provided

under section 815 of the Agriculture, Rural Development, Food

and Drug Administration, and Related Agencies Appropriations

Act, 2001 (Public Law 106–387; 114 Stat. 1549A–55), including

using the same loss thresholds for the quantity and quality

losses as were used in administering that section.

(4) INELIGIBILITY FOR ASSISTANCE.—Except as provided in

paragraph (5), the producers on a farm shall not be eligible

for assistance under this subsection with respect to losses to

an insurable commodity or noninsurable commodity if the producers on the farm—

(A) in the case of an insurable commodity, did not

obtain a policy or plan of insurance for the insurable commodity under the Federal Crop Insurance Act (7 U.S.C.

1501 et seq.) for the crop incurring the losses;

(B) in the case of a noninsurable commodity, did not

file the required paperwork, and pay the administrative

fee by the applicable State filing deadline, for the noninsurable commodity under section 196 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C.

7333) for the crop incurring the losses;

(C) had adjusted gross incomes, as defined by section

1001D of the Food Security Act of 1985, of greater than

$2,500,000 in 2003; or

(D) were not in compliance with highly erodible land

conservation and wetland conservation provisions.

(5) CONTRACT WAIVER.—The Secretary may waive paragraph (4) with respect to the producers on a farm if the producers enter into a contract with the Secretary under which

the producers agree—

(A) in the case of an insurable commodity, to obtain

a policy or plan of insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) providing additional coverage for the insurable commodity for each of the next

2 crops; and

(B) in the case of a noninsurable commodity, to file

the required paperwork and pay the administrative fee

by the applicable State filing deadline, for the noninsurable

commodity for each of the next 2 crops under section 196

of the Federal Agriculture Improvement and Reform Act

of 1996 (7 U.S.C. 7333).

(6) EFFECT OF VIOLATION.—In the event of the violation

of a contract under paragraph (5) by a producer, the producer

shall reimburse the Secretary for the full amount of the assistance provided to the producer under this subsection.

(7) PAYMENT LIMITATIONS.—

(A) LIMIT ON AMOUNT OF ASSISTANCE.—Assistance provided under this subsection to a producer for losses to

a crop, together with the amounts specified in subparagraph (B) applicable to the same crop, may not exceed

95 percent of what the value of the crop would have been

in the absence of the losses, as estimated by the Secretary.

(B) OTHER PAYMENTS.—In applying the limitation in

subparagraph (A), the Secretary shall include the following:

(i) Any crop insurance payment made under the

Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)

118 STAT. 1234 PUBLIC LAW 108–324—OCT. 13, 2004

or payment under section 196 of the Federal Agricultural Improvement and Reform Act of 1996 (7 U.S.C.

7333) that the producer receives for losses to the same

crop.

(ii) The value of the crop that was not lost (if

any), as estimated by the Secretary.

(C) EFFECT OF FLORIDA DISASTER PROGRAMS.—Persons

that received payments from section 32 of the Act of August

24, 1935 with respect to 2004 hurricane crop losses are

not eligible for payments under this subsection.

(b) LIVESTOCK ASSISTANCE PROGRAM.—

(1) EMERGENCY FINANCIAL ASSISTANCE.—The Secretary of

Agriculture shall use such sums as are necessary of funds

of the Commodity Credit Corporation to make and administer

payments for livestock losses to producers for 2003 or 2004

losses (as elected by a producer), but not both, in a county

that has received an emergency designation by the President

or the Secretary after January 1, 2003, of which an amount

determined by the Secretary shall be made available for the

American Indian livestock program under 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).

(2) ADMINISTRATION.—The Secretary shall make assistance

available under this subsection in the same manner as provided

under 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).

(3) MITIGATION.—In determining the eligibility for or

amount of payments for which a producer is eligible under

the livestock assistance program, the Secretary shall not

penalize a producer that takes actions (recognizing disaster

conditions) that reduce the average number of livestock the

producer owned for grazing during the production year for

which assistance is being provided.

(c) TREE ASSISTANCE PROGRAM.—

(1) EMERGENCY ASSISTANCE.—The Secretary of Agriculture

shall use such sums as are necessary of the funds of the

Commodity Credit Corporation to provide assistance under the

tree assistance program established under sections 10201

through 10204 of the Farm Security and Rural Investment

Act of 2002 (7 U.S.C. 8201 et seq.) to producers who suffered

tree losses during the period beginning on December 1, 2003,

and ending on December 31, 2004.

(2) ADDITIONAL ASSISTANCE.—In addition to providing

assistance to eligible orchardists under the tree assistance program, the Secretary shall use an additional $15,000,000 of

the funds of the Commodity Credit Corporation to provide

reimbursement under sections 10203 and 10204 of the Farm

Security and Rural Investment Act of 2002 (7 U.S.C. 8203,

8204) to eligible forest land owners who produce periodic crops

of timber from trees for commercial purposes and who have

suffered tree losses during the period specified in paragraph

(1).

(3) EFFECT OF FLORIDA DISASTER PROGRAMS.—Persons that

received payments from section 32 of the Act of August 24,

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1235

1935 with respect to 2004 hurricane crop losses are not eligible

for payments under this section.

(d) EMERGENCY CONSERVATION PROGRAM.—The Secretary of

Agriculture shall use an additional $50,000,000 of the funds of

the Commodity Credit Corporation to provide assistance under the

Emergency Conservation Program under title IV of the Agriculture

Credit Act of 1978 (16 U.S.C. 2201 et seq.).

(e) OFFSET.—Section 1241(a)(3) of the Food Security Act of

1985 (16 U.S.C. 3841(a)(3)) is amended by inserting before the

period at the end the following: ‘‘, using not more than

$6,037,000,000 for the period of fiscal years 2005 through 2014’’.

(f) That for purposes of the budget scoring guidance in effect

for the Congress and the Executive branch respectively, and notwithstanding the Budget Scorekeeping Guidelines set forth in the

joint explanatory statement of the committee of conference accompanying Conference Report 105–217, any savings from subsection

(e) shall not be scored until fiscal year 2008.

(g) The issuance of regulations 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, That

in carrying out this section, the Secretary shall use the authority

provided under section 808 of title 5, United States Code.

SEC. 102. The Secretary of Agriculture shall use $40,000,000,

of which, $7,200,000 shall be provided to the State of Hawaii

for assistance to an agricultural transportation cooperative in

Hawaii, the members of which are eligible to participate in the

Farm Service Agency administered Commodity Loan Program, and

of which $32,800,000 shall be to make payments to processors

in Florida that are eligible to obtain a loan under section 156(a)

of the Federal Agriculture Improvement and Reform Act of 1996

(7 U.S.C. 7272(a)) to compensate first processors and producers

for crop and other losses that are related to hurricanes, tropical

storms, excessive rains, and floods in Florida during calendar year

2004, to be calculated and paid on the basis of losses on 40 acre

harvesting units, in counties declared a disaster by the President

of the United States in 2004 due to hurricanes, on the same terms

and conditions, to the extent practicable, as the payments made

under section 207 of the Agricultural Assistance Act of 2003 (Public

Law 108–7).

SEC. 103. The Secretary of Agriculture shall use $10,000,000

to make payments to dairy producers for dairy production losses,

and dairy spoilage losses in counties declared a disaster by the

President of the United States in 2004 due to hurricanes.

SEC. 104. The Secretary of Agriculture shall use $10,000,000

to provide assistance to producers and first handlers of the 2004

crop of cottonseed located in counties declared a disaster by the

President of the United States in 2004 due to hurricanes.

SEC. 105. (a) The Secretary shall use the funds, facilities,

and authorities of the Commodity Credit Corporation to carry out

section 101, 102, 103, 104, 108, 109, 110, and 111 of this chapter,

to remain available until expended.

118 STAT. 1236 PUBLIC LAW 108–324—OCT. 13, 2004

(b) The amounts provided under sections 101, 102, 103, 104,

108, 109, 110, and 111 in this chapter are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

SEC. 106. (a) RURAL COMMUNITY ADVANCEMENT PROGRAM.— The communities in Burlington and Camden Counties in New

Jersey, affected by the flood which occurred on July 12, 2004,

are deemed to be rural areas during fiscal year 2005 for purposes

of subtitle E of the Consolidated Farm and Rural Development

Act. Any limitations under subtitle E of the Consolidated Farm

and Rural Development Act that are based on the income of families

shall not apply during fiscal year 2005 with respect to such communities, or to businesses or families residing in such communities.

(b) RURAL HOUSING INSURANCE FUND AND RURAL HOUSING

ASSISTANCE GRANTS.—The communities referred to in subsection

(a) are deemed to be rural areas during fiscal year 2005 for purposes

of the direct and guaranteed loan programs under title V of the

Housing Act of 1949 and the grant programs under sections 504,

509(c), 525, and 533 of such title V. Any limitations under title

V of the Housing Act of 1949 that are based on the income of

families shall not apply during fiscal year 2005 with respect to

such communities or to families residing in such communities.

SEC. 107. The Secretary of Agriculture shall provide financial

and technical assistance to repair, and if necessary, replace Hope

Mills Dam, Cumberland County, North Carolina, in accordance

with the dam safety standards of the state of North Carolina:

Provided, That from within the funds provided in this chapter

for the Emergency Watershed Protection program of the Natural

Resources Conservation Service $1,600,000 is provided for this purpose.

SEC. 108. The Secretary shall provide $90,000,000 to the fund

established by section 32 of the Act of August 24, 1935 (7 U.S.C.

612c), to make payments with respect to 2004 hurricane losses.

SEC. 109. The Secretary, acting through the Farm Service

Agency, may use not more than $4,000,000 to cover administrative

expenses associated with the implementation of sections 101 and

102 of this chapter.

SEC. 110. In addition to amounts provided in this Act for

the tree assistance program, $10,000,000 shall be made available

to the Secretary of Agriculture, to remain available until expended,

to provide assistance to eligible private forest landowners owning

not more than 5,000 acres of forest crop in counties declared Presidential disaster areas as a result of hurricane, tropical storm,

or related events for the purposes of debris removal, replanting

of timber, and other such purposes.

SEC. 111. In addition to amounts provided in this Act for

the tree assistance program, $8,500,000 shall be made available

to the Secretary of Agriculture, to remain available until expended,

to provide assistance under the tree assistance program established

under subtitle C of title X of the Farm Security and Rural Investment Act of 2002 to pecan producers in counties declared a disaster

by the President of the United States who suffered tree loss or

damage due to damaging weather related to any hurricane or

tropical storm of the 2004 hurricane season: Provided, That the

funds made available under this section shall also be made available

New Jersey.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1237

to cover costs associated with pruning, rehabilitating, and other

appropriate activities as determined by the Secretary.

CHAPTER 2

DEPARTMENT OF JUSTICE

FEDERAL PRISON SYSTEM

SALARIES AND EXPENSES

For an additional amount for ‘‘Salaries and Expenses’’,

$5,500,000, to remain available until September 30, 2005, for emergency hurricane-related expenses: Provided, That such amount is

designated as an emergency requirement pursuant to section 402

of S. Con. Res. 95 (108th Congress), as made applicable to the

House of Representatives by H. Res. 649 (108th Congress) and

applicable to the Senate by section 14007 of Public Law 108–

287.

BUILDINGS AND FACILITIES

For an additional amount for ‘‘Buildings and Facilities’’,

$18,600,000, to remain available until expended for emergency

hurricane-related expenses: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of

S. Con. Res. 95 (108th Congress), as made applicable to the House

of Representatives by H. Res. 649 (108th Congress) and applicable

to the Senate by section 14007 of Public Law 108–287.

DEPARTMENT OF COMMERCE

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

OPERATIONS, RESEARCH AND FACILITIES

For an additional amount for ‘‘Operations, Research, and Facilities’’, $16,900,000, to remain available until September 30, 2006,

of which $9,000,000 shall be for reseeding, rehabilitation and restoration of oyster reefs in Alabama, Florida, Louisiana, and Mississippi: Provided, That such amount is designated as an emergency

requirement pursuant to section 402 of S. Con. Res. 95 (108th

Congress), as made applicable to the House of Representatives

by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

PROCUREMENT, ACQUISITION AND CONSTRUCTION

For an additional amount for ‘‘Procurement, Acquisition and

Construction’’, $3,800,000, to remain available until September 30,

2007: Provided, That such amount is designated as an emergency

requirement pursuant to section 402 of S. Con. Res. 95 (108th

Congress), as made applicable to the House of Representatives

by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

118 STAT. 1238 PUBLIC LAW 108–324—OCT. 13, 2004

SMALL BUSINESS ADMINISTRATION

DISASTER LOANS PROGRAM ACCOUNT

For an additional amount for ‘‘Disaster Loans Program Account’’

for the cost of direct loans, $501,000,000, to remain available until

expended: Provided, That such costs, including the cost of modifying

such loans, shall be as defined in Section 502 of the Congressional

Budget Act of 1974.

In addition, for an additional amount for ‘‘Disaster Loans Program Account’’ for administrative expenses to carry out the disaster

loan program, $428,000,000, to remain available until expended,

which may be transferred to the appropriations for ‘‘Salaries and

Expenses’’: Provided, That no funds shall be transferred to the

appropriations for ‘‘Salaries and Expenses’’ for indirect administrative expenses: Provided further, That the amounts provided under

this heading are designated as an emergency requirement pursuant

to section 402 of S. Con. Res. 95 (108th Congress), as made

applicable to the House of Representatives by H. Res. 649 (108th

Congress) and applicable to the Senate by section 14007 of Public

Law 108–287.

CHAPTER 3

DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE—MILITARY

OPERATION AND MAINTENANCE

OPERATION AND MAINTENANCE, ARMY

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance, Army’’, $8,600,000, for emergency hurricane and other natural disaster-related expenses, which shall be available for transfer to

reimburse costs incurred in fiscal year 2004: Provided, That such

amount is designated as an emergency requirement pursuant to

section 402 of S. Con. Res. 95 (108th Congress), as made applicable

to the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

OPERATION AND MAINTENANCE, NAVY

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance,

Navy’’, $458,000,000, for emergency hurricane and other natural

disaster-related expenses, which shall be available for transfer to

reimburse costs incurred in fiscal year 2004: Provided, That such

amount is designated as an emergency requirement pursuant to

section 402 of S. Con. Res. 95 (108th Congress), as made applicable

to the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1239

OPERATION AND MAINTENANCE, MARINE CORPS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance, Marine Corps’’, $1,300,000, for emergency hurricane and other natural disaster-related expenses, which shall be available for transfer

to reimburse costs incurred in fiscal year 2004: Provided, That

such amount is designated as an emergency requirement pursuant

to section 402 of S. Con. Res. 95 (108th Congress), as made

applicable to the House of Representatives by H. Res. 649 (108th

Congress) and applicable to the Senate by section 14007 of Public

Law 108–287.

OPERATION AND MAINTENANCE, AIR FORCE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance, Air Force’’, $165,400,000, for emergency hurricane and other natural

disaster-related expenses, which shall be available for transfer to

reimburse costs incurred in fiscal year 2004: Provided, That such

amount is designated as an emergency requirement pursuant to

section 402 of S. Con. Res. 95 (108th Congress), as made applicable

to the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

OPERATION AND MAINTENANCE, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance, Defense-Wide’’, $100,000,000, for emergency hurricane and other

natural disaster-related expenses, which shall be available for

transfer to reimburse costs incurred in fiscal year 2004: Provided,

That the Secretary of Defense may transfer these funds to appropriations for military personnel; operation and maintenance; the

Defense Health Program; and working capital funds: Provided further, That funds transferred shall be merged with and be available

for the same purposes and for the same time period as the appropriation or fund to which transferred: Provided further, That this

transfer authority is in addition to any other transfer authority

available to the Department of Defense: Provided further, That

upon a determination that all or part of the funds transferred

from this appropriation are not necessary for the purposes provided

herein, such amounts may be transferred back to this appropriation:

Provided further, That the Secretary of Defense shall, not fewer

than 15 days prior to making transfers from this appropriation,

notify the congressional defense committees in writing of the details

of any such transfer: Provided further, That the Secretary shall

submit a report no later than 30 days after the end of each fiscal

quarter to the congressional defense committees summarizing the

details of the transfer of funds from this appropriation: Provided

further, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress),

as made applicable to the House of Representatives by H. Res.

649 (108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

Deadline.

Reports.

Deadline.

Notification.

118 STAT. 1240 PUBLIC LAW 108–324—OCT. 13, 2004

OPERATION AND MAINTENANCE, ARMY RESERVE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance,

Army Reserve’’, $1,400,000, for emergency hurricane and other

natural disaster-related expenses, which shall be available for

transfer to reimburse costs incurred in fiscal year 2004: Provided,

That such amount is designated as an emergency requirement

pursuant to section 402 of S. Con. Res. 95 (108th Congress), as

made applicable to the House of Representatives by H. Res. 649

(108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

OPERATION AND MAINTENANCE, NAVY RESERVE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance,

Navy Reserve’’, $1,000,000, for emergency hurricane and other natural disaster-related expenses, which shall be available for transfer

to reimburse costs incurred in fiscal year 2004: Provided, That

such amount is designated as an emergency requirement pursuant

to section 402 of S. Con. Res. 95 (108th Congress), as made

applicable to the House of Representatives by H. Res. 649 (108th

Congress) and applicable to the Senate by section 14007 of Public

Law 108–287.

OPERATION AND MAINTENANCE, AIR FORCE RESERVE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance,

Air Force Reserve’’, $2,400,000, for emergency hurricane and other

natural disaster-related expenses, which shall be available for

transfer to reimburse costs incurred in fiscal year 2004: Provided,

That such amount is designated as an emergency requirement

pursuant to section 402 of S. Con. Res. 95 (108th Congress), as

made applicable to the House of Representatives by H. Res. 649

(108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

OPERATION AND MAINTENANCE, ARMY NATIONAL GUARD

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance,

Army National Guard’’, $10,500,000, for emergency hurricane and

other natural disaster-related expenses, which shall be available

for transfer to reimburse costs incurred in fiscal year 2004: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress),

as made applicable to the House of Representatives by H. Res.

649 (108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1241

OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Operation and Maintenance, Air National Guard’’, $2,200,000, for emergency hurricane and other

natural disaster-related expenses, which shall be available for

transfer to reimburse costs incurred in fiscal year 2004: Provided,

That such amount is designated as an emergency requirement

pursuant to section 402 of S. Con. Res. 95 (108th Congress), as

made applicable to the House of Representatives by H. Res. 649

(108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

PROCUREMENT

OTHER PROCUREMENT, AIR FORCE

For an additional amount for ‘‘Other Procurement, Air Force’’,

$2,500,000, to remain available until September 30, 2007, for emergency hurricane and other natural disaster-related expenses, which

shall be available for transfer to reimburse costs incurred in fiscal

year 2004: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

PROCUREMENT, DEFENSE-WIDE

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Procurement, Defense-Wide’’,

$140,000,000, to remain available until September 30, 2007, for

emergency hurricane and other natural disaster-related expenses,

which shall be available for transfer to reimburse costs incurred

in fiscal year 2004, for the costs of repairs to structures and facilities, replacement of destroyed or damaged equipment, and preparation and recovery of naval vessels under construction: Provided,

That the Secretary of Defense may transfer these funds to appropriations for operation and maintenance; procurement; and

research, development, test and evaluation: Provided further, That

funds transferred shall be merged with and be available for the

same purposes and for the same time period as the appropriation

or fund to which transferred: Provided further, That this transfer

authority is in addition to any other transfer authority available

to the Department of Defense: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such

amounts may be transferred back to this appropriation: Provided

further, That the Secretary of Defense shall, not fewer than 15

days prior to making transfers from this appropriation, notify the

congressional defense committees in writing of the details of any

such transfer: Provided further, That the Secretary shall submit

a report no later than 30 days after the end of each fiscal quarter

to the congressional defense committees summarizing the details

of the transfer of funds from this appropriation: Provided further,

That not less than $10,500,000 shall be transferred to ‘‘Aircraft

Deadline.

Reports.

Deadline.

Notification.

118 STAT. 1242 PUBLIC LAW 108–324—OCT. 13, 2004

Procurement, Air Force’’ for the procurement of WC–130 Hurricane

Tracking Equipment: Provided further, That not less than

$10,000,000 shall be transferred to ‘‘Missile Procurement, Air

Force’’, and not less than $10,000,000 shall be transferred to ‘‘Other

Procurement, Air Force’’ for costs associated with delayed satellite

launches: Provided further, That not less than $18,700,000 shall

be transferred to ‘‘Other Procurement, Air Force’’ for Continuity

of Operations equipment procurement at Headquarters United

States Central Command: Provided further, That not less than

$20,000,000 shall be available only for replacement of laboratory

and test range equipment at Eglin Air Force Base: Provided further,

That such amount is designated as an emergency requirement

pursuant to section 402 of S. Con. Res. 95 (108th Congress), as

made applicable to the House of Representatives by H. Res. 649

(108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

REVOLVING AND MANAGEMENT FUNDS

DEFENSE WORKING CAPITAL FUNDS

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Defense Working Capital Funds’’,

$4,100,000, for emergency hurricane and other natural disasterrelated expenses, and which shall be available for transfer to

reimburse costs incurred in fiscal year 2004: Provided, That such

amount is designated as an emergency requirement pursuant to

section 402 of S. Con. Res. 95 (108th Congress), as made applicable

to the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

DEFENSE HEALTH PROGRAM

(INCLUDING TRANSFER OF FUNDS)

For an additional amount for ‘‘Defense Health Program’’,

$12,000,000, for emergency hurricane and other natural disasterrelated expenses, which shall be available for transfer to reimburse

costs incurred in fiscal year 2004: Provided, That such amount

is designated as an emergency requirement pursuant to section

402 of S. Con. Res. 95 (108th Congress), as made applicable to

the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

GENERAL PROVISIONS—THIS CHAPTER

SEC. 301. Appropriations provided in this chapter are available

for obligation until September 30, 2005, unless otherwise so provided in this chapter.

SEC. 302. Funds appropriated in this Act, or made available

by the transfer of funds in or pursuant to this Act, for intelligence

activities are deemed to be specifically authorized by the Congress

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1243

for purposes of section 504 of the National Security Act of 1947

(50 U.S.C. 414).

SEC. 303. Unless specifically enumerated elsewhere in this

chapter, none of the funds provided in this chapter may be used

to finance programs or activities denied by Congress in fiscal years

2004 and 2005 defense appropriations, or to initiate a procurement

or research, development, test and evaluation new start program

without prior notification to the congressional defense committees.

SEC. 304. Section 8007 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287); 118 Stat. 970), is amended

by striking the words ‘‘in session’’.

(TRANSFER OF FUNDS)

SEC. 305. Upon his determination that such action is necessary

in the national interest to address emergency hurricane and other

natural disaster-related expenses, the Secretary of Defense may

transfer between appropriations up to $200,000,000 of the funds

made available to the Department of Defense in this chapter: Provided, That the Secretary shall notify the Congress promptly of

each transfer made pursuant to the authority in this section: Provided further, That the authority provided in this section is in

addition to any other transfer authority available to the Department

of Defense and is subject to the same terms and conditions as

the authority provided in section 8005 of the Department of Defense

Appropriations Act, 2005 (Public Law 108–287): Provided further,

That such amount is designated as an emergency requirement

pursuant to section 402 of S. Con. Res. 95 (108th Congress), as

made applicable to the House of Representatives by H. Res. 649

(108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

SEC. 306. Section 9010(b) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1008; 10 U.S.C.

113 note), is amended by striking ‘‘section 12304’’ in paragraphs

(7) and (8) and inserting ‘‘section 12302’’.

(INCLUDING TRANSFER OF FUNDS)

SEC. 307. TECHNICAL ADJUSTMENTS TO PUBLIC LAW 108–287.

Notwithstanding any other provision in law, the following adjustments and transfers shall apply to funds previously made available

and to restrictions in the Department of Defense Appropriations

Act, 2005 (Public Law 108–287):

(1) ARMORED PASSENGER VEHICLES.—Under the heading,

‘‘Other Procurement, Army’’, strike ‘‘purchase of 1 vehicle’’ and

insert ‘‘purchase of 21 vehicles’’, and under the heading, ‘‘Other

Procurement, Army’’, strike ‘‘not to exceed $200,000’’ and insert

‘‘not to exceed $275,000’’: Provided, That any purchases under

the authority of this section in excess of one vehicle may only

be in direct support of force protection requirements.

(2) TRANSFER OF FUNDS.—Upon enactment of this Act, the

Secretary of Defense shall make the following transfer of funds:

Provided, That the amounts transferred shall be made available

for the same purpose and the same time period as the appropriation to which transferred: Provided further, That the

authority provided in this section is in addition to any other

Ante, p. 960.

Applicability.

Notification.

Notification.

118 STAT. 1244 PUBLIC LAW 108–324—OCT. 13, 2004

transfer authority available to the Department of Defense: Provided further, That all such amounts in this section are designated as an emergency requirement pursuant to section 402

of S. Con. Res. 95 (108th Congress), as made applicable to

the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law

108–287: Provided further, That the amounts shall be transferred between the following appropriations, in the amounts

specified:

To:

Under the heading, ‘‘Research, Development, Test

and Evaluation, Defense-Wide, 2005/2006’’, $5,950,000.

From:

Under the heading, ‘‘Operation and Maintenance,

Army’’, $5,950,000.

To:

Under the heading, ‘‘Procurement, Marine Corps,

2005/2007’’, as provided in title IX of Public Law 108–

287, $7,000,000.

From:

Under the heading, ‘‘Operation and Maintenance,

Marine Corps’’, as provided in title IX of Public Law

108–287, $7,000,000.

To:

The Department of Veterans Affairs, under the

heading, ‘‘Medical Services’’, $500,000.

From:

Under the heading, ‘‘Defense Health Program’’,

Operation and Maintenance, $500,000.

To:

Under the heading, ‘‘Operation and Maintenance,

Army National Guard’’, $1,400,000.

From:

Under the heading, ‘‘Operation and Maintenance,

Army’’, $1,400,000.

(3) SECTION 9014 AUTHORITIES.—The authority provided in

section 9014 of the Department of Defense Appropriations Act,

2005 (Public Law 108–287; 118 Stat. 1009), shall apply with

respect to the period beginning on June 29, 2003, and ending

on August 4, 2004, in addition to the period of applicability

provided pursuant to section 9001 of that Act.

SEC. 308. Section 9007 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287), is amended by striking

‘‘$300,000,000’’, and inserting ‘‘$500,000,000’’.

SEC. 309. Section 9006 of the Department of Defense Appropriations Act, 2005 (Public Law 108–287), is amended by striking ‘‘New

Iraqi Army’’, and inserting ‘‘Iraqi Armed Forces, to include the

Iraqi National Guard’’.

Ante, p. 1007.

Ante, p. 1007.

Applicability.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1245

CHAPTER 4

DEPARTMENT OF DEFENSE—CIVIL

DEPARTMENT OF THE ARMY

CORPS OF ENGINEERS—CIVIL

GENERAL INVESTIGATIONS

For an additional amount for ‘‘General Investigations’’ for emergency expenses for the update of studies necessitated by storm

damage to shore protection projects, $400,000, to remain available

until expended: Provided, That such amount is designated as an

emergency requirement pursuant to section 402 of S. Con. Res.

95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

CONSTRUCTION, GENERAL

For an additional amount for ‘‘Construction, General’’ for emergency expenses for repair of storm damage for authorized shore

protection projects and assessment of project performance of such

projects, $62,600,000, to remain available until expended: Provided,

That such amount is designated as an emergency requirement

pursuant to section 402 of S. Con. Res. 95 (108th Congress), as

made applicable to the House of Representatives by H. Res. 649

(108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI AND TENNESSEE

For an additional amount for ‘‘Flood Control, Mississippi River

and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri and Tennessee’’ for emergency expenses for levee

and revetment repair and for emergency dredging, $6,000,000, to

remain available until expended: Provided, That such amount is

designated as an emergency requirement pursuant to section 402

of S. Con. Res. 95 (108th Congress), as made applicable to the

House of Representatives by H. Res. 649 (108th Congress) and

applicable to the Senate by section 14007 of Public Law 108–

287.

OPERATION AND MAINTENANCE, GENERAL

For an additional amount for ‘‘Operation and Maintenance,

General’’ for emergency expenses for repair of storm damage to

authorized projects, $145,400,000, to remain available until

expended: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

118 STAT. 1246 PUBLIC LAW 108–324—OCT. 13, 2004

FLOOD CONTROL AND COASTAL EMERGENCIES

For an additional amount for ‘‘Flood Control and Coastal Emergencies’’ for emergency expenses for repair of damage to flood control

and hurricane shore protection projects by storms and other natural

disasters, $148,000,000, to remain available until expended: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress),

as made applicable to the House of Representatives by H. Res.

649 (108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

SEC. 401. For an additional amount to address drought conditions in the State of Nevada, $5,000,000 is provided to the Secretary

of the Interior, acting through the Commissioner of the Bureau

of Reclamation, for the Southern Nevada Water Authority for modification of the water intake at Lake Mead, to remain available

until expended: Provided, That such amount is designated as an

emergency requirement pursuant to section 402 of S. Con. Res.

95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

SEC. 402. For an additional amount to address storm damage,

$10,000,000 is provided for the Secretary of the Army, acting

through the Chief of Engineers, to repair, restore, and clean-up

Corps projects and facilities; dredge navigation channels; restore

and clean out area streams; provide emergency streambank protection; restore other crucial public infrastructure (including sewer

and water facilities); document flood impacts; and undertake other

flood recovery efforts deemed necessary and advisable by the Chief

of Engineers for federally declared disaster areas in West Virginia,

to remain available until expended: Provided, That such amount

is designated as an emergency requirement pursuant to section

402 of S. Con. Res. 95 (108th Congress), as made applicable to

the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

CHAPTER 5

BILATERAL ECONOMIC ASSISTANCE

FUNDS APPROPRIATED TO THE PRESIDENT

UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

For an additional amount for ‘‘International Disaster and

Famine Assistance’’, $100,000,000, to remain available until September 30, 2005: Provided, That funds appropriated by this paragraph shall be available to respond to the disasters caused by

hurricanes and tropical storms in the Caribbean region: Provided

further, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress),

as made applicable to the House of Representatives by H. Res.

649 (108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287: Provided further, That funds appropriated

by this paragraph shall be available notwithstanding section 10

Caribbean.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1247

of Public Law 91–672 and section 15 of the State Department

Basic Authorities Act of 1956.

CHAPTER 6

DEPARTMENT OF HOMELAND SECURITY

UNITED STATES COAST GUARD

OPERATING EXPENSES

For an additional amount for ‘‘Operating Expenses’’ for

expenses resulting from the recent natural disasters in the southeastern United States, $33,367,310, to remain available until

expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant to section 402 of

S. Con. Res. 95 (108th Congress), as made applicable to the House

of Representatives by H. Res. 649 (108th Congress) and applicable

to the Senate by section 14007 of Public Law 108–287.

EMERGENCY PREPAREDNESS AND RESPONSE

DISASTER RELIEF

For an additional amount for ‘‘Disaster Relief’’, $6,500,000,000,

to remain available until expended: Provided, That such amount

is designated as an emergency requirement pursuant to section

402 of S. Con. Res. 95 (108th Congress), as made applicable to

the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

CHAPTER 7

DEPARTMENT OF THE INTERIOR

UNITED STATES FISH AND WILDLIFE SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $40,552,000, to

remain available until expended, to address damages from natural

disasters: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

NATIONAL PARK SERVICE

CONSTRUCTION

For an additional amount for ‘‘Construction’’, $50,802,000, to

remain available until expended, to address damages from natural

disasters: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

118 STAT. 1248 PUBLIC LAW 108–324—OCT. 13, 2004

UNITED STATES GEOLOGICAL SURVEY

SURVEYS, INVESTIGATIONS, AND RESEARCH

For an additional amount for ‘‘Surveys, Investigations, and

Research’’, $1,000,000, to remain available until expended: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress),

as made applicable to the House of Representatives by H. Res.

649 (108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

RELATED AGENCY

DEPARTMENT OF AGRICULTURE

FOREST SERVICE

STATE AND PRIVATE FORESTRY

For an additional amount for ‘‘State and Private Forestry’’,

$49,100,000, to remain available until expended, to address damages from natural disasters: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of

S. Con. Res. 95 (108th Congress), as made applicable to the House

of Representatives by H. Res. 649 (108th Congress) and applicable

to the Senate by section 14007 of Public Law 108–287.

NATIONAL FOREST SYSTEM

For an additional amount for ‘‘National Forest System’’,

$12,153,000, to remain available until expended, to address damages from natural disasters: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of

S. Con. Res. 95 (108th Congress), as made applicable to the House

of Representatives by H. Res. 649 (108th Congress) and applicable

to the Senate by section 14007 of Public Law 108–287.

WILDLAND FIRE MANAGEMENT

For an additional amount for ‘‘Wildland Fire Management’’, $1,028,000, to remain available until expended, to address damages

from natural disasters: Provided, That such amount is designated

as an emergency requirement pursuant to section 402 of S. Con.

Res. 95 (108th Congress), as made applicable to the House of

Representatives by H. Res. 649 (108th Congress) and applicable

to the Senate by section 14007 of Public Law 108–287.

CAPITAL IMPROVEMENT AND MAINTENANCE

For an additional amount for ‘‘Capital Improvement and

Maintenance’’, $50,815,000, to remain available until expended,

to address damages from natural disasters: Provided, That such

amount is designated as an emergency requirement pursuant to

section 402 of S. Con. Res. 95 (108th Congress), as made applicable

to the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1249

CHAPTER 8

DEPARTMENT OF HEALTH AND HUMAN SERVICES

DEPARTMENTAL MANAGEMENT

PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND

For an additional amount for ‘‘Public Health and Social Services

Emergency Fund’’ to support aging services, social services and

health services associated with natural disaster recovery and

response efforts, $50,000,000, to remain available until expended:

Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress),

as made applicable to the House of Representatives by H. Res.

649 (108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

CHAPTER 9

DEPARTMENT OF DEFENSE

MILITARY CONSTRUCTION

MILITARY CONSTRUCTION, NAVY AND MARINE CORPS

For an additional amount for ‘‘Military Construction, Navy

and Marine Corps’’, $138,800,000, to remain available until September 30, 2007, for emergency expenses resulting from natural

disasters: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287: Provided further, That

notwithstanding any other provision of law, such funds may be

obligated and expended to carry out planning and design and military construction projects not otherwise authorized by law: Provided

further, That none of these funds may be obligated for new construction projects until fourteen days after the Secretary of the Navy

provides a notification that describes the project, including the

form 1391, to the Subcommittee on Military Construction of the

Committee on Appropriations and the Committee on Armed Services

of both Houses of Congress.

MILITARY CONSTRUCTION, ARMY RESERVE

For an additional amount for ‘‘Military Construction, Army

Reserve’’, $8,700,000, to remain available until September 30, 2007,

for emergency expenses resulting from natural disasters: Provided,

That such amount is designated as an emergency requirement

pursuant to section 402 of S. Con. Res. 95 (108th Congress), as

made applicable to the House of Representatives by H. Res. 649

(108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287: Provided further, That notwithstanding

any other provision of law, such funds may be obligated and

expended to carry out planning and design and military construction

projects not otherwise authorized by law.

Notification.

118 STAT. 1250 PUBLIC LAW 108–324—OCT. 13, 2004

FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY

For an additional amount for ‘‘Family Housing Operation and Maintenance, Army’’, $1,200,000, to remain available until September 30, 2005, for emergency expenses resulting from natural

disasters: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

FAMILY HOUSING OPERATION AND MAINTENANCE, NAVY AND

MARINE CORPS

For an additional amount for ‘‘Family Housing Operation and

Maintenance, Navy and Marine Corps’’, $9,100,000, to remain available until September 30, 2005, for emergency expenses resulting

from natural disasters: Provided, That such amount is designated

as an emergency requirement pursuant to section 402 of S. Con.

Res. 95 (108th Congress), as made applicable to the House of

Representatives by H. Res. 649 (108th Congress) and applicable

to the Senate by section 14007 of Public Law 108–287.

FAMILY HOUSING OPERATION AND MAINTENANCE, AIR FORCE

For an additional amount for ‘‘Family Housing Operation and Maintenance, Air Force’’, $11,400,000, to remain available until

September 30, 2005, for emergency expenses resulting from natural

disasters: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

BASE REALIGNMENT AND CLOSURE ACCOUNT

For an additional amount to be deposited into the Department

of Defense Base Closure Account 1990, $50,000, to remain available

until September 30, 2005, for emergency expenses resulting from

natural disasters: Provided, That such amount is designated as

an emergency requirement pursuant to section 402 of S. Con. Res.

95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

CHAPTER 10

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

FACILITIES AND EQUIPMENT

(AIRPORT AND AIRWAY TRUST FUND)

For an additional amount for ‘‘Facilities and Equipment’’, for

expenses resulting from the recent natural disasters in the southeastern United States, $5,100,000, to be derived from the airport

and airway trust fund and to remain available until expended:

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1251

Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress),

as made applicable to the House of Representatives by H. Res.

649 (108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

EMERGENCY ASSISTANCE TO AIRPORTS

(AIRPORT AND AIRWAY TRUST FUND)

For emergency capital costs to repair or replace public use

facilities at public use airports listed in the Federal Aviation

Administration’s National Plan of Integrated Airport Systems

resulting from damage from hurricanes Charley, Frances, Ivan,

and Jeanne, to enable the Federal Aviation Administrator to compensate airports for such costs, $25,000,000, to be derived from

the airport and airway trust fund and to remain available until

expended: Provided, That such amount is designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95

(108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

FEDERAL HIGHWAY ADMINISTRATION

FEDERAL-AID HIGHWAYS

EMERGENCY RELIEF PROGRAM

(HIGHWAY TRUST FUND)

For an additional amount for ‘‘Emergency Relief Program’’,

for emergency expenses resulting from 2004 Hurricanes Charley,

Frances, Gaston, Ivan, and Jeanne, as authorized by 23 U.S.C.

125, $1,202,000,000, to be derived from the Highway Trust Fund

(other than the Mass Transit Account) and to remain available

until expended: Provided, That notwithstanding 23 U.S.C. 125(d)(1),

the Secretary of Transportation may obligate more than

$100,000,000 for projects arising from hurricanes Charley, Frances,

Ivan, and Jeanne: Provided further, That any amounts in excess

of those necessary for emergency expenses relating to the above

hurricanes may be used for other projects authorized under 23

U.S.C. 125: Provided further, That the amounts provided under

this heading are designated as an emergency requirement pursuant

to section 402 of S. Con. Res. 95 (108th Congress), as made

applicable to the House of Representatives by H. Res. 649 (108th

Congress) and applicable to the Senate by section 14007 of Public

Law 108–287.

EXECUTIVE OFFICE OF THE PRESIDENT

UNANTICIPATED NEEDS

For an additional amount for ‘‘Unanticipated Needs’’, not to

exceed $70,000,000, to remain available until September 30, 2005,

for the American Red Cross for reimbursement of disaster relief

and recovery expenditures and emergency services associated with

Hurricanes Charley, Frances, Ivan, and Jeanne, and only to the

extent funds are not made available for those activities by other

118 STAT. 1252 PUBLIC LAW 108–324—OCT. 13, 2004

federal sources: Provided, That these funds may be administered

by any authorized federal government agency to meet the purposes

of this provision and that total administrative costs shall not exceed

three percent of the total appropriation: Provided further, That

the Comptroller General shall audit the use of these funds by

the American Red Cross: Provided further, That such amount is

designated as an emergency requirement pursuant to section 402

of S. Con. Res. 95 (108th Congress), as made applicable to the

House of Representatives by H. Res. 649 (108th Congress) and

applicable to the Senate by section 14007 of Public Law 108–

287

CHAPTER 11

DEPARTMENT OF VETERANS AFFAIRS

VETERANS HEALTH ADMINISTRATION

MEDICAL SERVICES

For an additional amount for ‘‘Medical services’’ for expenses

related to recent natural disasters in the Southeast, $38,283,000,

to remain available until September 30, 2005: Provided, That the

amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress),

as made applicable to the House of Representatives by H. Res.

649 (108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287.

MEDICAL ADMINISTRATION

For an additional amount for ‘‘Medical administration’’ for

expenses related to recent natural disasters in the Southeast,

$1,940,000, to remain available until September 30, 2005: Provided,

That the amounts provided herein are designated as an emergency

requirement pursuant to section 402 of S. Con. Res. 95 (108th

Congress), as made applicable to the House of Representatives

by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

MEDICAL FACILITIES

For an additional amount for ‘‘Medical facilities’’ for expenses

related to recent natural disasters, $46,909,000, to remain available

until September 30, 2006: Provided, That the amounts provided

herein are designated as an emergency requirement pursuant to

section 402 of S. Con. Res. 95 (108th Congress), as made applicable

to the House of Representatives by H. Res. 649 (108th Congress)

and applicable to the Senate by section 14007 of Public Law 108–

287.

DEPARTMENTAL ADMINISTRATION

GENERAL OPERATING EXPENSES

For an additional amount for ‘‘General operating expenses’’, for expenses related to recent natural disasters, $545,000, to remain

available until September 30, 2005: Provided, That the amounts

Reports.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1253

provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made

applicable to the House of Representatives by H. Res. 649 (108th

Congress) and applicable to the Senate by section 14007 of Public

Law 108–287.

NATIONAL CEMETERY ADMINISTRATION

For an additional amount for ‘‘National Cemetery Administration’’, for expenses related to recent natural disasters in the Southeast, $50,000, to remain available until September 30, 2005: Provided, That the amounts provided herein are designated as an

emergency requirement pursuant to section 402 of S. Con. Res.

95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

CONSTRUCTION, MINOR PROJECTS

For an additional amount for ‘‘Construction, minor projects’’, for expenses related to recent natural disasters, $36,343,000, to

remain available until expended: Provided, That the amounts provided herein are designated as an emergency requirement pursuant

to section 402 of S. Con. Res. 95 (108th Congress), as made

applicable to the House of Representatives by H. Res. 649 (108th

Congress) and applicable to the Senate by section 14007 of Public

Law 108–287.

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

COMMUNITY PLANNING AND DEVELOPMENT

COMMUNITY DEVELOPMENT FUND

For an additional amount for ‘‘Community development fund’’,

for activities authorized under title I of the Housing and Community

Development Act of 1974, for use only for disaster relief, longterm recovery, and mitigation in communities affected by disasters

designated by the President between August 31, 2003 and October

1, 2004, except those activities reimbursable by the Federal Emergency Management Agency or available through the Small Business

Administration, and for reimbursement for expenditures incurred

from the regular Community Development Block Grant formula

allocation used to achieve these same purposes, $150,000,000, to

remain available until September 30, 2007: Provided, That the

amounts provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress),

as made applicable to the House of Representatives by H. Res.

649 (108th Congress) and applicable to the Senate by section 14007

of Public Law 108–287: Provided further, That all funds under

this heading shall be awarded by the Secretary to states (including

Indian tribes for all purposes under this heading) to be administered

by each state in conjunction with its community development block

grants program: Provided further, That notwithstanding 42 U.S.C.

5306(d)(2), states are authorized to provide such assistance to

entitlement communities: Provided further, That in administering

these funds, the Secretary may waive, or specify alternative requirements for, any provision of any statute or regulation that the

Secretary administers in connection with the obligation by the

118 STAT. 1254 PUBLIC LAW 108–324—OCT. 13, 2004

Secretary or the use by the recipient of these funds (except for

requirements related to fair housing, nondiscrimination, labor

standards, and the environment), upon a finding that such waiver

is required to facilitate the use of such funds, and would not

be inconsistent with the overall purpose of the statute: Provided

further, That the Secretary may waive the requirements that activities benefit persons of low and moderate income, except that at

least 50 percent of the funds under this heading must benefit

primarily persons of low and moderate income unless the Secretary

makes a finding of compelling need: Provided further, That the

Secretary shall publish in the Federal Register any waiver of any

statute or regulation authorized under this heading no later than

5 days before the effective date of such waiver: Provided further,

That any project or activity underway prior to a Presidential disaster declaration may not receive funds under this heading unless

the disaster directly impacted the project: Provided further, That

each state shall provide not less than 10 percent in non-Federal

public matching funds or its equivalent value (other than administrative costs) for any funds allocated to the state under this heading.

INDEPENDENT AGENCIES

ENVIRONMENTAL PROTECTION AGENCY

BUILDINGS AND FACILITIES

For an additional amount for ‘‘Buildings and facilities’’ for expenses related to recent natural disasters, $3,000,000, to remain

available until September 30, 2006: Provided, That the amounts

provided herein are designated as an emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made

applicable to the House of Representatives by H. Res. 649 (108th

Congress) and applicable to the Senate by section 14007 of Public

Law 108–287.

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

SPACE FLIGHT CAPABILITIES

For an additional amount for ‘‘Space flight capabilities’’, to

repair assets damaged and take other emergency measures due

to the effects of hurricanes and other disasters declared by the

President, $126,000,000, to remain available until expended: Provided, That the amounts provided herein are designated as an

emergency requirement pursuant to section 402 of S. Con. Res.

95 (108th Congress), as made applicable to the House of Representatives by H. Res. 649 (108th Congress) and applicable to the Senate

by section 14007 of Public Law 108–287.

GENERAL PROVISION—THIS CHAPTER

(TRANSFER OF FUNDS)

SEC. 1101. From funds that are available in the unobligated

balances of any funds appropriated under ‘‘Medical services’’, for

fiscal year 2004, the Secretary of Veterans Affairs may transfer

up to $125,000,000 to ‘‘General operating expenses’’, for costs associated with processing claims where the basis of the entitlement

is claimed disability incurred as a result of a veteran’s service,

Federal Register,

publication.

Deadline.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1255

subject to a determination by the Secretary of Veterans Affairs

that such additional funds are necessary.

CHAPTER 12

GENERAL PROVISION—THIS ACT

SEC. 1201. No part of any appropriation contained in this

Act shall remain available for obligation beyond the current fiscal

year unless expressly so provided herein.

This division may be cited as the ‘‘Emergency Supplemental

Appropriations for Hurricane Disasters Assistance Act, 2005’’.

DIVISION C—ALASKA NATURAL GAS

PIPELINE

SEC. 101. SHORT TITLE.

This division may be cited as the ‘‘Alaska Natural Gas Pipeline

Act’’.

SEC. 102. DEFINITIONS.

In this division:

(1) ALASKA NATURAL GAS.—The term ‘‘Alaska natural gas’’

means natural gas derived from the area of the State of Alaska

lying north of 64 degrees north latitude.

(2) ALASKA NATURAL GAS TRANSPORTATION PROJECT.—The

term ‘‘Alaska natural gas transportation project’’ means any

natural gas pipeline system that carries Alaska natural gas

to the border between Alaska and Canada (including related

facilities subject to the jurisdiction of the Commission) that

is authorized under—

(A) the Alaska Natural Gas Transportation Act of 1976

(15 U.S.C. 719 et seq.); or

(B) section 103.

(3) ALASKA NATURAL GAS TRANSPORTATION SYSTEM.—The

term ‘‘Alaska natural gas transportation system’’ means the

Alaska natural gas transportation project authorized under

the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C.

719 et seq.) and designated and described in section 2 of the

President’s decision.

(4) COMMISSION.—The term ‘‘Commission’’ means the Federal Energy Regulatory Commission.

(5) FEDERAL COORDINATOR.—The term ‘‘Federal Coordinator’’ means the head of the Office of the Federal Coordinator

for Alaska Natural Gas Transportation Projects established

by section 106(a).

(6) PRESIDENT’S DECISION.—The term ‘‘President’s decision’’

means the decision and report to Congress on the Alaska natural gas transportation system—

(A) issued by the President on September 22, 1977,

in accordance with section 7 of the Alaska Natural Gas

Transportation Act of 1976 (15 U.S.C. 719e); and

(B) approved by Public Law 95–158 (15 U.S.C. 719f

note; 91 Stat. 1268).

(7) SECRETARY.—The term ‘‘Secretary’’ means the Secretary

of Energy.

15 USC 720.

15 USC 720 note.

Alaska Natural

Gas Pipeline Act.

118 STAT. 1256 PUBLIC LAW 108–324—OCT. 13, 2004

(8) STATE.—The term ‘‘State’’ means the State of Alaska.

SEC. 103. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND

NECESSITY.

(a) AUTHORITY OF THE COMMISSION.—Notwithstanding the

Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719

et seq.), the Commission may, in accordance with section 7(c) of

the Natural Gas Act (15 U.S.C. 717f(c)), consider and act on an

application for the issuance of a certificate of public convenience

and necessity authorizing the construction and operation of an

Alaska natural gas transportation project other than the Alaska

natural gas transportation system.

(b) ISSUANCE OF CERTIFICATE.—

(1) IN GENERAL.—The Commission shall issue a certificate

of public convenience and necessity authorizing the construction

and operation of an Alaska natural gas transportation project

under this section if the applicant has satisfied the requirements of section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)).

(2) CONSIDERATIONS.—In considering an application under

this section, the Commission shall presume that—

(A) a public need exists to construct and operate the

proposed Alaska natural gas transportation project; and

(B) sufficient downstream capacity will exist to transport the Alaska natural gas moving through the project

to markets in the contiguous United States.

(c) EXPEDITED APPROVAL PROCESS.—Not later than 60 days

after the date of issuance of the final environmental impact statement under section 104 for an Alaska natural gas transportation

project, the Commission shall issue a final order granting or denying

any application for a certificate of public convenience and necessity

for the project under section 7(c) of the Natural Gas Act (15 U.S.C.

717f(c)) and this section.

(d) PROHIBITION OF CERTAIN PIPELINE ROUTE.—No license,

permit, lease, right-of-way, authorization, or other approval

required under Federal law for the construction of any pipeline

to transport natural gas from land within the Prudhoe Bay oil

and gas lease area may be granted for any pipeline that follows

a route that—

(1) traverses land beneath navigable waters (as defined

in section 2 of the Submerged Lands Act (43 U.S.C. 1301))

beneath, or the adjacent shoreline of, the Beaufort Sea; and

(2) enters Canada at any point north of 68 degrees north

latitude.

(e) OPEN SEASON.—

(1) IN GENERAL.—Not later than 120 days after the date

of enactment of this Act, the Commission shall issue regulations

governing the conduct of open seasons for Alaska natural gas

transportation projects (including procedures for the allocation

of capacity).

(2) REGULATIONS.—The regulations referred to in paragraph (1) shall—

(A) include the criteria for and timing of any open

seasons;

(B) promote competition in the exploration, development, and production of Alaska natural gas; and

Deadline.

Regulations.

Deadline.

15 USC 720a.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1257

(C) for any open season for capacity exceeding the

initial capacity, provide the opportunity for the transportation of natural gas other than from the Prudhoe Bay

and Point Thomson units.

(3) APPLICABILITY.—Except in a case in which an expansion

is ordered in accordance with section 105, initial or expansion

capacity on any Alaska natural gas transportation project shall

be allocated in accordance with procedures to be established

by the Commission in regulations issued under paragraph (1).

(f) PROJECTS IN THE CONTIGUOUS UNITED STATES.—

(1) IN GENERAL.—An application for additional or expanded

pipeline facilities that may be required to transport Alaska

natural gas from Canada to markets in the contiguous United

States may be made in accordance with the Natural Gas Act

(15 U.S.C. 717a et seq.).

(2) EXPANSION.—To the extent that a pipeline facility

described in paragraph (1) includes the expansion of any facility

constructed in accordance with the Alaska Natural Gas

Transportation Act of 1976 (15 U.S.C. 719 et seq.), that Act

shall continue to apply.

(g) STUDY OF IN-STATE NEEDS.—The holder of the certificate

of public convenience and necessity issued, modified, or amended

by the Commission for an Alaska natural gas transportation project

shall demonstrate that the holder has conducted a study of Alaska

in-State needs, including tie-in points along the Alaska natural

gas transportation project for in-State access.

(h) ALASKA ROYALTY GAS.—

(1) IN GENERAL.—Except as provided in paragraph (2), the

Commission, on a request by the State and after a hearing,

may provide for reasonable access to the Alaska natural gas

transportation project by the State (or State designee) for the

transportation of royalty gas of the State for the purpose of

meeting local consumption needs within the State.

(2) EXCEPTION.—The rates of shippers of subscribed

capacity on an Alaska natural gas transportation project

described in paragraph (1), as in effect as of the date on

which access under that paragraph is granted, shall not be

increased as a result of such access.

(i) REGULATIONS.—The Commission may issue such regulations

as are necessary to carry out this section.

SEC. 104. ENVIRONMENTAL REVIEWS.

(a) COMPLIANCE WITH NEPA.—The issuance of a certificate

of public convenience and necessity authorizing the construction

and operation of any Alaska natural gas transportation project

under section 103 shall be treated as a major Federal action significantly affecting the quality of the human environment within the

meaning of section 102(2)(C) of the National Environmental Policy

Act of 1969 (42 U.S.C. 4332(2)(C)).

(b) DESIGNATION OF LEAD AGENCY.—

(1) IN GENERAL.—The Commission—

(A) shall be the lead agency for purposes of complying

with the National Environmental Policy Act of 1969 (42

U.S.C. 4321 et seq.); and

(B) shall be responsible for preparing the environmental impact statement required by section 102(2)(c) of

15 USC 720b.

118 STAT. 1258 PUBLIC LAW 108–324—OCT. 13, 2004

that Act (42 U.S.C. 4332(2)(c)) with respect to an Alaska

natural gas transportation project under section 103.

(2) CONSOLIDATION OF STATEMENTS.—In carrying out paragraph (1), the Commission shall prepare a single environmental

impact statement, which shall consolidate the environmental

reviews of all Federal agencies considering any aspect of the

Alaska natural gas transportation project covered by the

environmental impact statement.

(c) OTHER AGENCIES.—

(1) IN GENERAL.—Each Federal agency considering an

aspect of the construction and operation of an Alaska natural

gas transportation project under section 103 shall—

(A) cooperate with the Commission; and

(B) comply with deadlines established by the Commission in the preparation of the environmental impact statement under this section.

(2) SATISFACTION OF NEPA REQUIREMENTS.—The environmental impact statement prepared under this section shall

be adopted by each Federal agency described in paragraph

(1) in satisfaction of the responsibilities of the Federal agency

under section 102(2)(C) of the National Environmental Policy

Act of 1969 (42 U.S.C. 4332(2)(C)) with respect to the Alaska

natural gas transportation project covered by the environmental

impact statement.

(d) EXPEDITED PROCESS.—The Commission shall—

(1) not later than 1 year after the Commission determines

that the application under section 103 with respect to an Alaska

natural gas transportation project is complete, issue a draft

environmental impact statement under this section; and

(2) not later than 180 days after the date of issuance

of the draft environmental impact statement, issue a final

environmental impact statement, unless the Commission for

good cause determines that additional time is needed.

SEC. 105. PIPELINE EXPANSION.

(a) AUTHORITY.—With respect to any Alaska natural gas

transportation project, on a request by 1 or more persons and

after giving notice and an opportunity for a hearing, the Commission

may order the expansion of the Alaska natural gas project if the

Commission determines that such an expansion is required by

the present and future public convenience and necessity.

(b) RESPONSIBILITIES OF COMMISSION.—Before ordering an

expansion under subsection (a), the Commission shall—

(1) approve or establish rates for the expansion service

that are designed to ensure the recovery, on an incremental

or rolled-in basis, of the cost associated with the expansion

(including a reasonable rate of return on investment);

(2) ensure that the rates do not require existing shippers

on the Alaska natural gas transportation project to subsidize

expansion shippers;

(3) find that a proposed shipper will comply with, and

the proposed expansion and the expansion of service will be

undertaken and implemented based on, terms and conditions

consistent with the tariff of the Alaska natural gas transportation project in effect as of the date of the expansion;

15 USC 720c.

Deadlines.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1259

(4) find that the proposed facilities will not adversely affect

the financial or economic viability of the Alaska natural gas

transportation project;

(5) find that the proposed facilities will not adversely affect

the overall operations of the Alaska natural gas transportation

project;

(6) find that the proposed facilities will not diminish the

contract rights of existing shippers to previously subscribed

certificated capacity;

(7) ensure that all necessary environmental reviews have

been completed; and

(8) find that adequate downstream facilities exist or are

expected to exist to deliver incremental Alaska natural gas

to market.

(c) REQUIREMENT FOR A FIRM TRANSPORTATION AGREEMENT.— Any order of the Commission issued in accordance with this section

shall be void unless the person requesting the order executes a

firm transportation agreement with the Alaska natural gas

transportation project within such reasonable period of time as

the order may specify.

(d) LIMITATION.—Nothing in this section expands or otherwise

affects any authority of the Commission with respect to any natural

gas pipeline located outside the State.

(e) REGULATIONS.—The Commission may issue such regulations

as are necessary to carry out this section.

SEC. 106. FEDERAL COORDINATOR.

(a) ESTABLISHMENT.—There is established, as an independent

office in the executive branch, the Office of the Federal Coordinator

for Alaska Natural Gas Transportation Projects.

(b) FEDERAL COORDINATOR.—

(1) APPOINTMENT.—The Office shall be headed by a Federal

Coordinator for Alaska Natural Gas Transportation Projects,

who shall be appointed by the President, by and with the

advice and consent of the Senate, to serve a term to last

until 1 year following the completion of the project referred

to in section 103.

(2) COMPENSATION.—The Federal Coordinator shall be compensated at the rate prescribed for level III of the Executive

Schedule (5 U.S.C. 5314).

(c) DUTIES.—The Federal Coordinator shall be responsible for—

(1) coordinating the expeditious discharge of all activities

by Federal agencies with respect to an Alaska natural gas

transportation project; and

(2) ensuring the compliance of Federal agencies with the

provisions of this division.

(d) REVIEWS AND ACTIONS OF OTHER FEDERAL AGENCIES.—

(1) EXPEDITED REVIEWS AND ACTIONS.—All reviews conducted and actions taken by any Federal agency relating to

an Alaska natural gas transportation project authorized under

this section shall be expedited, in a manner consistent with

completion of the necessary reviews and approvals by the deadlines under this division.

(2) PROHIBITION OF CERTAIN TERMS AND CONDITIONS.—No

Federal agency may include in any certificate, right-of-way,

permit, lease, or other authorization issued to an Alaska natural

gas transportation project any term or condition that may be

President.

Congress.

15 USC 720d.

118 STAT. 1260 PUBLIC LAW 108–324—OCT. 13, 2004

permitted, but is not required, by any applicable law if the

Federal Coordinator determines that the term or condition

would prevent or impair in any significant respect the expeditious construction and operation, or an expansion, of the Alaska

natural gas transportation project.

(3) PROHIBITION OF CERTAIN ACTIONS.—Unless required by

law, no Federal agency shall add to, amend, or abrogate any

certificate, right-of-way, permit, lease, or other authorization

issued to an Alaska natural gas transportation project if the

Federal Coordinator determines that the action would prevent

or impair in any significant respect the expeditious construction

and operation, or an expansion, of the Alaska natural gas

transportation project.

(4) LIMITATION.—The Federal Coordinator shall not have

authority to—

(A) override—

(i) the implementation or enforcement of regulations issued by the Commission under section 103;

or

(ii) an order by the Commission to expand the

project under section 105; or

(B) impose any terms, conditions, or requirements in

addition to those imposed by the Commission or any agency

with respect to construction and operation, or an expansion

of, the project.

(e) STATE COORDINATION.—

(1) IN GENERAL.—The Federal Coordinator and the State

shall enter into a joint surveillance and monitoring agreement

similar to the agreement in effect during construction of the

Trans-Alaska Pipeline, to be approved by the President and

the Governor of the State, for the purpose of monitoring the

construction of the Alaska natural gas transportation project.

(2) PRIMARY RESPONSIBILITY.—With respect to an Alaska

natural gas transportation project—

(A) the Federal Government shall have primary

surveillance and monitoring responsibility in areas where

the Alaska natural gas transportation project crosses Federal land or private land; and

(B) the State government shall have primary surveillance and monitoring responsibility in areas where the

Alaska natural gas transportation project crosses State

land.

(f) TRANSFER OF FEDERAL INSPECTOR FUNCTIONS AND

AUTHORITY.—On appointment of the Federal Coordinator by the

President, all of the functions and authority of the Office of Federal

Inspector of Construction for the Alaska Natural Gas Transportation System vested in the Secretary under section 3012(b) of

the Energy Policy Act of 1992 (15 U.S.C. 719e note; Public Law

102–486), including all functions and authority described and

enumerated in the Reorganization Plan No. 1 of 1979 (44 Fed.

Reg. 33663), Executive Order No. 12142 of June 21, 1979 (44

Fed. Reg. 36927), and section 5 of the President’s decision, shall

be transferred to the Federal Coordinator.

(g) TEMPORARY AUTHORITY.—The functions, authorities, duties,

and responsibilities of the Federal Coordinator shall be vested in

the Secretary until the later of the appointment of the Federal

Expiration date.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1261

Coordinator by the President, or 18 months after the date of enactment of this Act.

SEC. 107. JUDICIAL REVIEW.

(a) EXCLUSIVE JURISDICTION.—Except for review by the

Supreme Court on writ of certiorari, the United States Court of

Appeals for the District of Columbia Circuit shall have original

and exclusive jurisdiction to determine—

(1) the validity of any final order or action (including a

failure to act) of any Federal agency or officer under this

division;

(2) the constitutionality of any provision of this division,

or any decision made or action taken under this division; or

(3) the adequacy of any environmental impact statement

prepared under the National Environmental Policy Act of 1969

(42 U.S.C. 4321 et seq.) with respect to any action under

this division.

(b) DEADLINE FOR FILING CLAIM.—A claim arising under this

division may be brought not later than 60 days after the date

of the decision or action giving rise to the claim.

(c) EXPEDITED CONSIDERATION.—The United States Court of

Appeals for the District of Columbia Circuit shall set any action

brought under subsection (a) for expedited consideration, taking

into account the national interest of enhancing national energy

security by providing access to the significant gas reserves in Alaska

needed to meet the anticipated demand for natural gas.

(d) AMENDMENT OF THE ALASKA NATURAL GAS TRANSPORTATION

ACT OF 1976.—Section 10(c) of the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719h) is amended—

(1) by striking ‘‘(c)(1) A claim’’ and inserting the following:

‘‘(c) JURISDICTION.—

‘‘(1) SPECIAL COURTS.—

‘‘(A) IN GENERAL.—A claim’’;

(2) by striking ‘‘Such court shall have’’ and inserting the

following:

‘‘(B) EXCLUSIVE JURISDICTION.—The Special Court shall

have’’;

(3) by inserting after paragraph (1) the following:

‘‘(2) EXPEDITED CONSIDERATION.—The Special Court shall

set any action brought under this section for expedited consideration, taking into account the national interest described in

section 2.’’; and

(4) in paragraph (3), by striking ‘‘(3) The enactment’’ and

inserting the following:

‘‘(3) ENVIRONMENTAL IMPACT STATEMENTS.—The enactment’’.

SEC. 108. STATE JURISDICTION OVER IN-STATE DELIVERY OF NATURAL GAS.

(a) LOCAL DISTRIBUTION.—Any facility receiving natural gas

from an Alaska natural gas transportation project for delivery to

consumers within the State—

(1) shall be deemed to be a local distribution facility within

the meaning of section 1(b) of the Natural Gas Act (15 U.S.C.

717(b)); and

(2) shall not be subject to the jurisdiction of the Commission.

15 USC 720f.

15 USC 720e.

118 STAT. 1262 PUBLIC LAW 108–324—OCT. 13, 2004

(b) ADDITIONAL PIPELINES.—Except as provided in section

103(d), nothing in this division shall preclude or otherwise affect

a future natural gas pipeline that may be constructed to deliver

natural gas to Fairbanks, Anchorage, Matanuska-Susitna Valley,

or the Kenai peninsula or Valdez or any other site in the State

for consumption within or distribution outside the State.

(c) RATE COORDINATION.— (1) IN GENERAL.—In accordance with the Natural Gas Act

(15 U.S.C. 717a et seq.), the Commission shall establish rates

for the transportation of natural gas on any Alaska natural

gas transportation project.

(2) CONSULTATION.—In carrying out paragraph (1), the

Commission, in accordance with section 17(b) of the Natural

Gas Act (15 U.S.C. 717p(b)), shall consult with the State

regarding rates (including rate settlements) applicable to natural gas transported on and delivered from the Alaska natural

gas transportation project for use within the State.

SEC. 109. STUDY OF ALTERNATIVE MEANS OF CONSTRUCTION.

(a) REQUIREMENT OF STUDY.—If no application for the issuance

of a certificate or amended certificate of public convenience and

necessity authorizing the construction and operation of an Alaska

natural gas transportation project has been filed with the Commission by the date that is 18 months after the date of enactment

of this Act, the Secretary shall conduct a study of alternative

approaches to the construction and operation of such an Alaska

natural gas transportation project.

(b) SCOPE OF STUDY.—The study under subsection (a) shall

take into consideration the feasibility of—

(1) establishing a Federal Government corporation to construct an Alaska natural gas transportation project; and

(2) securing alternative means of providing Federal

financing and ownership (including alternative combinations

of Government and private corporate ownership) of the Alaska

natural gas transportation project.

(c) CONSULTATION.—In conducting the study under subsection

(a), the Secretary shall consult with the Secretary of the Treasury

and the Secretary of the Army (acting through the Chief of Engineers).

(d) REPORT.—On completion of any study under subsection

(a), the Secretary shall submit to Congress a report that describes—

(1) the results of the study; and

(2) any recommendations of the Secretary (including proposals for legislation to implement the recommendations).

SEC. 110. CLARIFICATION OF ANGTA STATUS AND AUTHORITIES.

(a) SAVINGS CLAUSE.—Nothing in this division affects—

(1) any decision, certificate, permit, right-of-way, lease, or

other authorization issued under section 9 of the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719g); or

(2) any Presidential finding or waiver issued in accordance

with that Act.

(b) CLARIFICATION OF AUTHORITY TO AMEND TERMS AND CONDITIONS TO MEET CURRENT PROJECT REQUIREMENTS.—Any Federal

agency responsible for granting or issuing any certificate, permit,

right-of-way, lease, or other authorization under section 9 of the

Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719g)

may add to, amend, or rescind any term or condition included

15 USC 720h.

Deadline.

15 USC 720g.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1263

in the certificate, permit, right-of-way, lease, or other authorization

to meet current project requirements (including the physical design,

facilities, and tariff specifications), if the addition, amendment,

or rescission—

(1) would not compel any change in the basic nature and

general route of the Alaska natural gas transportation system

as designated and described in section 2 of the President’s

decision; or

(2) would not otherwise prevent or impair in any significant

respect the expeditious construction and initial operation of

the Alaska natural gas transportation system.

(c) UPDATED ENVIRONMENTAL REVIEWS.—The Secretary shall

require the sponsor of the Alaska natural gas transportation system

to submit such updated environmental data, reports, permits, and

impact analyses as the Secretary determines are necessary to

develop detailed terms, conditions, and compliance plans required

by section 5 of the President’s decision.

SEC. 111. SENSE OF CONGRESS CONCERNING USE OF STEEL MANUFACTURED IN NORTH AMERICA NEGOTIATION OF A PROJECT

LABOR AGREEMENT.

It is the sense of Congress that—

(1) an Alaska natural gas transportation project would

provide significant economic benefits to the United States and

Canada; and

(2) to maximize those benefits, the sponsors of the Alaska

natural gas transportation project should make every effort

to—

(A) use steel that is manufactured in North America;

and

(B) negotiate a project labor agreement to expedite

construction of the pipeline.

SEC. 112. SENSE OF CONGRESS AND STUDY CONCERNING PARTICIPATION BY SMALL BUSINESS CONCERNS.

(a) DEFINITION OF SMALL BUSINESS CONCERN.—In this section,

the term ‘‘small business concern’’ has the meaning given the term

in section 3(a) of the Small Business Act (15 U.S.C. 632(a)).

(b) SENSE OF CONGRESS.—It is the sense of Congress that—

(1) an Alaska natural gas transportation project would

provide significant economic benefits to the United States and

Canada; and

(2) to maximize those benefits, the sponsors of the Alaska

natural gas transportation project should maximize the participation of small business concerns in contracts and subcontracts

awarded in carrying out the project.

(c) STUDY.—

(1) IN GENERAL.—The Comptroller General of the United

States shall conduct a study to determine the extent to which

small business concerns participate in the construction of oil

and gas pipelines in the United States.

(2) REPORT.—Not later than 1 year after the date of enactment of this Act, the Comptroller General shall submit to

Congress a report that describes results of the study under

paragraph (1).

(3) UPDATES.—The Comptroller General shall—

15 USC 720j.

15 USC 720i.

118 STAT. 1264 PUBLIC LAW 108–324—OCT. 13, 2004

(A) update the study at least once every 5 years until

construction of an Alaska natural gas transportation project

is completed; and

(B) on completion of each update, submit to Congress

a report containing the results of the update.

SEC. 113. ALASKA PIPELINE CONSTRUCTION TRAINING PROGRAM.

(a) PROGRAM.— (1) ESTABLISHMENT.—The Secretary of Labor (in this section referred to as the ‘‘Secretary’’) shall make grants to the

Alaska Workforce Investment Board—

(A) to recruit and train adult and dislocated workers

in Alaska, including Alaska Natives, in the skills required

to construct and operate an Alaska gas pipeline system;

and

(B) for the design and construction of a training facility

to be located in Fairbanks, Alaska, to support an Alaska

gas pipeline training program.

(2) COORDINATION WITH EXISTING PROGRAMS.—The training

program established with the grants authorized under paragraph (1) shall be consistent with the vision and goals set

forth in the State of Alaska Unified Plan, as developed pursuant

to the Workforce Investment Act of 1998 (29 U.S.C. 2801 et

seq.).

(b) REQUIREMENTS FOR GRANTS.—The Secretary shall make

a grant under subsection (a) only if—

(1) the Governor of the State of Alaska requests the grant

funds and certifies in writing to the Secretary that there is

a reasonable expectation that the construction of the Alaska

natural gas pipeline system will commence by the date that

is 2 years after the date of the certification; and

(2) the Secretary of Energy concurs in writing to the Secretary with the certification made under paragraph (1) after

considering—

(A) the status of necessary Federal and State permits;

(B) the availability of financing for the Alaska natural

gas pipeline project; and

(C) other relevant factors.

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated to the Secretary to carry out this section

$20,000,000. Not more than 15 percent of the funds may be used

for the facility described in subsection (a)(1)(B).

SEC. 114. SENSE OF CONGRESS CONCERNING NATURAL GAS DEMAND.

It is the sense of Congress that—

(1) North American demand for natural gas will increase

dramatically over the course of the next several decades;

(2) both the Alaska Natural Gas Pipeline and the Mackenzie Delta Natural Gas project in Canada will be necessary

to help meet the increased demand for natural gas in North

America;

(3) Federal and State officials should work together with

officials in Canada to ensure both projects can move forward

in a mutually beneficial fashion;

(4) Federal and State officials should acknowledge that

the smaller scope, fewer permitting requirements, and lower

cost of the Mackenzie Delta project means it will most likely

be completed before the Alaska Natural Gas Pipeline;

15 USC 720l.

Grants.

15 USC 720k.

Reports.

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1265

(5) natural gas production in the 48 contiguous States

and Canada will not be able to meet all domestic demand

in the coming decades; and

(6) as a result, natural gas delivered from Alaskan North

Slope will not displace or reduce the commercial viability of

Canadian natural gas produced from the Mackenzie Delta or

production from the 48 contiguous States.

SEC. 115. SENSE OF CONGRESS CONCERNING ALASKAN OWNERSHIP.

It is the sense of Congress that—

(1) Alaska Native Regional Corporations, companies owned

and operated by Alaskans, and individual Alaskans should

have the opportunity to own shares of the Alaska natural

gas pipeline in a way that promotes economic development

for the State; and

(2) to facilitate economic development in the State, all

project sponsors should negotiate in good faith with any willing

Alaskan person that desires to be involved in the project.

SEC. 116. LOAN GUARANTEES.

(a) AUTHORITY.—(1) The Secretary may enter into agreements

with 1 or more holders of a certificate of public convenience and

necessity issued under section 103(b) of this division or section

9 of the Alaska Natural Gas Transportation Act of 1976 (15 U.S.C.

719g) to issue Federal guarantee instruments with respect to loans

and other debt obligations for a qualified infrastructure project.

(2) Subject to the requirements of this section, the Secretary

may also enter into agreements with 1 or more owners of the

Canadian portion of a qualified infrastructure project to issue Federal guarantee instruments with respect to loans and other debt

obligations for a qualified infrastructure project as though such

owner were a holder described in paragraph (1).

(3) The authority of the Secretary to issue Federal guarantee

instruments under this section for a qualified infrastructure project

shall expire on the date that is 2 years after the date on which

the final certificate of public convenience and necessity (including

any Canadian certificates of public convenience and necessity) is

issued for the project. A final certificate shall be considered to

have been issued when all certificates of public convenience and

necessity have been issued that are required for the initial transportation of commercially economic quantities of natural gas from

Alaska to the continental United States.

(b) CONDITIONS.—(1) The Secretary may issue a Federal guarantee instrument for a qualified infrastructure project only after

a certificate of public convenience and necessity under section 103(b)

of this division or an amended certificate under section 9 of the

Alaska Natural Gas Transportation Act of 1976 (15 U.S.C. 719g)

has been issued for the project.

(2) The Secretary may issue a Federal guarantee instrument

under this section for a qualified infrastructure project only if

the loan or other debt obligation guaranteed by the instrument

has been issued by an eligible lender.

(3) The Secretary shall not require as a condition of issuing

a Federal guarantee instrument under this section any contractual

commitment or other form of credit support of the sponsors (other

than equity contribution commitments and completion guarantees),

or any throughput or other guarantee from prospective shippers

Expiration date.

15 USC 720n.

15 USC 720m.

118 STAT. 1266 PUBLIC LAW 108–324—OCT. 13, 2004

greater than such guarantees as shall be required by the project

owners.

(c) LIMITATIONS ON AMOUNTS.—(1) The amount of loans and

other debt obligations guaranteed under this section for a qualified

infrastructure project shall not exceed 80 percent of the total capital

costs of the project, including interest during construction.

(2) The principal amount of loans and other debt obligations

guaranteed under this section shall not exceed, in the aggregate,

$18,000,000,000, which amount shall be indexed for United States

dollar inflation from the date of enactment of this Act, as measured

by the Consumer Price Index.

(d) LOAN TERMS AND FEES.—(1) The Secretary may issue Federal guarantee instruments under this section that take into account

repayment profiles and grace periods justified by project cash flows

and project-specific considerations. The term of any loan guaranteed

under this section shall not exceed 30 years.

(2) An eligible lender may assess and collect from the borrower

such other fees and costs associated with the application and origination of the loan or other debt obligation as are reasonable and

customary for a project finance transaction in the oil and gas

sector.

(e) REGULATIONS.—The Secretary may issue regulations to carry

out this section.

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized

to be appropriated such sums as may be necessary to cover the

cost of loan guarantees under this section, as defined by section

502(5) of the Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)).

Such sums shall remain available until expended.

(g) DEFINITIONS.—In this section:

(1) CONSUMER PRICE INDEX.—The term ‘‘Consumer Price

Index’’ means the Consumer Price Index for all-urban consumers, United States city average, as published by the Bureau

of Labor Statistics, or if such index shall cease to be published,

any successor index or reasonable substitute thereof.

(2) ELIGIBLE LENDER.—The term ‘‘eligible lender’’ means

any non-Federal qualified institutional buyer (as defined by

section 230.144A(a) of title 17, Code of Federal Regulations

(or any successor regulation), known as Rule 144A(a) of the

Securities and Exchange Commission and issued under the

Securities Act of 1933), including—

(A) a qualified retirement plan (as defined in section

4974(c) of the Internal Revenue Code of 1986 (26 U.S.C.

4974(c)) that is a qualified institutional buyer; and

(B) a governmental plan (as defined in section 414(d)

of the Internal Revenue Code of 1986 (26 U.S.C. 414(d))

that is a qualified institutional buyer.

(3) FEDERAL GUARANTEE INSTRUMENT.—The term ‘‘Federal

guarantee instrument’’ means any guarantee or other pledge

by the Secretary to pledge the full faith and credit of the

United States to pay all of the principal and interest on any

loan or other debt obligation entered into by a holder of a

certificate of public convenience and necessity.

(4) QUALIFIED INFRASTRUCTURE PROJECT.—The term ‘‘qualified infrastructure project’’ means an Alaskan natural gas

transportation project consisting of the design, engineering,

finance, construction, and completion of pipelines and related

transportation and production systems (including gas treatment

PUBLIC LAW 108–324—OCT. 13, 2004 118 STAT. 1267

LEGISLATIVE HISTORY—H.R. 4837 (S. 2674):

HOUSE REPORTS: Nos. 108–607 (Comm. on Appropriations) and 108–733

(Comm. of Conference).

SENATE REPORTS: No. 108–309 accompanying S. 2674 (Comm. on Appropriations).

CONGRESSIONAL RECORD, Vol. 150 (2004):

July 21, 22, considered and passed House.

Sept. 15, 20, considered and passed Senate, amended.

Oct. 9, House agreed to conference report. Senate considered conference report.

Oct. 11, Senate agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):

Oct. 13, Presidential statement.

Æ

plants), and appurtenances thereto, that are used to transport

natural gas from the Alaska North Slope to the continental

United States.

Approved October 13, 2004.