H. R. 4818—632
(3) DEFENSE.—The making of the amounts of appropria-
tions authorized under sections 8(h) and 9(d)(1) shall constitute
a complete defense to any claim pending in any court of the
United States on the date on which the appropriations are
made.
(c) RETENTION OF RIGHTS.—
(1) IN
GENERAL.—The Tribe shall retain all rights not
specifically waived or released in the Agreement or this Act.
(2) DWORSHAK PROJECT.—Nothing in the Agreement or this
Act constitutes a waiver by the Tribe of any claim against
the United States resulting from the construction and operation
of the Dworshak Project (Project PWI 05090), other than those
specified in subparagraphs (A) and (B) of subsection (b)(1).
(3) FUTURE
ACQUISITION
OF
WATER
RIGHTS.—Nothing in
the Agreement or this Act precludes the Tribe or allottees,
or the United States as trustee for the Tribe or allottees,
from purchasing or otherwise acquiring water rights in the
future to the same extent as any other entity in the State.
SEC. 11. MISCELLANEOUS.
(a) GENERAL DISCLAIMER.—The parties expressly reserve all
rights not specifically granted, recognized, or relinquished by the
settlement described in the Agreement or this Act.
(b) DISCLAIMER REGARDING OTHER AGREEMENTS AND PRECE-
DENT.—
(1) IN GENERAL.—Subject to section 9(b)(3), nothing in this
Act amends, supersedes, or preempts any State law, Federal
law, Tribal law, or interstate compact that pertains to the
Snake River Basin.
(2) NO
ESTABLISHMENT
OF
STANDARD.—Nothing in this
Act—
(A) establishes any standard for the quantification of
Federal reserved water rights or any other Indian water
claims of any other Indian tribes in any other judicial
or administrative proceeding; or
(B) limits the rights of the parties to litigate any issue
not resolved by the Agreement or this Act.
(3) NO ADMISSION AGAINST INTEREST.—Nothing in this Act
constitutes an admission against interest against any party
in any legal proceeding.
(c) TREATY RIGHTS.—Nothing in the Agreement or this Act
impairs the treaty fishing, hunting, pasturing, or gathering rights
of the Tribe except to the extent expressly provided in the Agree-
ment or this Act.
(d) OTHER CLAIMS.—Nothing in the Agreement or this Act
quantifies or otherwise affects the water rights, claims, or entitle-
ments to water, or any other treaty right, of any Indian tribe,
band, or community other than the Tribe.
(e) RECREATION ON DWORSHAK RESERVOIR.—
(1) IN GENERAL.—In implementing the provisions of the
Agreement and this Act relating to the use of water stored
in Dworshak Reservoir for flow augmentation purposes, the
heads of the Federal agencies involved in the operational Memo-
randum of Agreement referred to in the Agreement shall imple-
ment a flow augmentation plan beneficial to fish and consistent
with the Agreement.
H. R. 4818—633
(2) CONTENTS OF PLAN.—The flow augmentation plan may
include provisions beneficial to recreational uses of the reservoir
through maintenance of the full level of the reservoir for pro-
longed periods during the summer months.
(f) JURISDICTION.—
(1) NO EFFECT ON SUBJECT MATTER JURISDICTION.—Nothing
in the Agreement or this Act restricts, enlarges, or otherwise
determines the subject matter jurisdiction of any Federal, State,
or Tribal court.
(2) CONSENT TO JURISDICTION.—The United States consents
to jurisdiction in a proper forum for purposes of enforcing
the provisions of the Agreement.
(3) EFFECT
OF
SUBSECTION.—Nothing in this subsection
confers jurisdiction on any State court to—
(A) enforce Federal environmental laws regarding the
duties of the United States; or
(B) conduct judicial review of Federal agency action.
DIVISION K—SMALL BUSINESS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This division may be cited as the ‘‘Small
Business Reauthorization and Manufacturing Assistance Act of
2004’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
TITLE I—SMALL BUSINESS REAUTHORIZATION AND MANUFACTURING
Sec. 1. Short title; table of contents.
Subtitle A—Small manufacturers assistance
Sec. 101. Express loans.
Sec. 102. Loan guarantee fees.
Sec. 103. Increase in guarantee amount and institution of associated fee.
Sec. 104. Debenture size.
Sec. 105. Job requirements.
Sec. 106. Report regarding national database of small manufacturers.
Sec. 107. International trade.
Subtitle B—Authorizations
CHAPTER 1—PROGRAM AUTHORIZATION LEVELS AND ADDITIONAL REAUTHORIZATIONS
Sec. 121. Program authorization levels.
Sec. 122. Additional reauthorizations.
CHAPTER 2—PAUL D. COVERDELL DRUG-FREE WORKPLACE PROGRAM AUTHORIZATIONS
AND SUNDRY AMENDMENTS
Sec. 123. Paul D. Coverdell drug-free workplace program authorization provisions.
Sec. 124. Grant provisions.
Sec. 125. Drug-free communities coalitions as eligible intermediaries.
Sec. 126. Promotion of effective practices of eligible intermediaries.
Sec. 127. Report to Congress.
Subtitle C—Administration Management
Sec. 131. Lender examination and review fees.
Sec. 132. Gifts and co-sponsorship of events.
Subtitle D—Entrepreneurial development programs
CHAPTER 1—OFFICE OF ENTREPRENEURIAL DEVELOPMENT
Sec. 141. Service Corps of Retired Executives.
Sec. 142. Small business development center program.
H. R. 4818—634
CHAPTER 2—OFFICE OF VETERANS BUSINESS DEVELOPMENT
Sec. 143. Advisory Committee on Veterans Business Affairs.
Sec. 144. Outreach grants for veterans.
Sec. 145. Authorization of appropriations.
Sec. 146. National Veterans Business Development Corporation.
CHAPTER 3—MANUFACTURING AND ENTREPRENEURIAL DEVELOPMENT
Sec. 147. Small Business Manufacturing Task Force.
Subtitle E—HUBZone Program
Sec. 151. Streamlining and revision of HUBZone eligibility requirements.
Sec. 152. Expansion of qualified areas.
Sec. 153. Price evaluation preference.
Sec. 154. HUBZone Authorizations.
Sec. 155. Participation in federally funded projects.
Subtitle F—Small business lending companies
Sec. 161. Supervisory and enforcement authority for small business lending compa-
nies.
Sec. 162. Definitions relating to small business lending companies.
TITLE II—MISCELLANEOUS AMENDMENTS
Sec. 201. Amendment to definition of equity capital with respect to issuers of par-
ticipating securities.
Sec. 202. Investment of excess funds.
Sec. 203. Surety bond amendments.
Sec. 204. Effective date for certain fees.
TITLE I—SMALL BUSINESS REAUTHOR-
IZATION AND MANUFACTURING
Subtitle A—Small Manufacturers
Assistance
SEC. 101. EXPRESS LOANS.
(a) IN GENERAL.—Section 7(a) of the Small Business Act (15
U.S.C. 636(a)) is amended by adding at the end the following:
‘‘(31) EXPRESS LOANS.—
‘‘(A) DEFINITIONS.—As used in this paragraph:
‘‘(i) The term ‘express lender’ means any lender
authorized by the Administration to participate in the
Express Loan Program.
‘‘(ii) The term ‘express loan’ means any loan made
pursuant to this paragraph in which a lender utilizes
to the maximum extent practicable its own loan anal-
yses, procedures, and documentation.
‘‘(iii) The term ‘Express Loan Program’ means the
program for express loans established by the Adminis-
tration under paragraph (25)(B), as in existence on
April 5, 2004, with a guaranty rate of not more than
50 percent.
‘‘(B) RESTRICTION TO EXPRESS LENDER.—The authority
to make an express loan shall be limited to those lenders
deemed qualified to make such loans by the Administration.
Designation as an express lender for purposes of making
an express loan shall not prohibit such lender from taking
any other action authorized by the Administration for that
lender pursuant to this subsection.
‘‘(C) GRANDFATHERING
OF
EXISTING
LENDERS.—Any
express lender shall retain such designation unless the