Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005
PL 108-324 (H.R.4837), enacted 10/13/2004

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 realign-
ment and closure for the Department of Defense for the fiscal year ending Sep-
tember 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 Appropria-
tions 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 construc-
tion, 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, facili-
ties, 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 Con-
gress of the determination and the reasons therefor: Provided fur-
ther, 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]
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118 STAT. 1221
PUBLIC LAW 108–324—OCT. 13, 2004
Army’’ under Public Law 107–249, $7,276,000 are rescinded: Pro-
vided 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 avail-
able 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 obliga-
tions 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 appro-
priated 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, facili-
ties, 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 pur-
poses 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 author-
ized 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 des-
ignate, to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
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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 Commit-
tees on Appropriations of both Houses of Congress of the determina-
tion 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, Defense-
Wide’’ 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 Construc-
tion 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.
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118 STAT. 1223
PUBLIC LAW 108–324—OCT. 13, 2004
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 acquisi-
tion 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 appro-
priated for ‘‘North Atlantic Treaty Organization Security Invest-
ment 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 avail-
able until September 30, 2009: Provided, That of the funds appro-
priated 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 construc-
tion, 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: Pro-
vided, That of the funds appropriated for ‘‘Family Housing Construc-
tion, Navy and Marine Corps’’ under Public Law 108–132,
$6,737,000 are rescinded: Provided further, That of the funds appro-
priated 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.
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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 construc-
tion, including acquisition, replacement, addition, expansion, exten-
sion, 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 construc-
tion, 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.
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118 STAT. 1225
PUBLIC LAW 108–324—OCT. 13, 2004
CHEMICAL DEMILITARIZATION CONSTRUCTION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses of construction, not otherwise provided for, nec-
essary 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 per-
formed 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 deter-
mined 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.
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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 notifica-
tion to the Committees on Appropriations of both Houses of Con-
gress.
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 posses-
sions 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.
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118 STAT. 1227
PUBLIC LAW 108–324—OCT. 13, 2004
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 estab-
lished 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 Commit-
tees 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 alter-
native means of acquiring and improving military family housing,
military unaccompanied housing, and supporting facilities.
Reports.
Deadline.
10 USC 2860
note.
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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 Inde-
pendent States of the former Soviet Union.
SEC. 122. (a) Not later than 60 days before issuing any solicita-
tion 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 installa-
tion; 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 Pro-
gram. Any amounts transferred shall be merged with and be avail-
able 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 notifica-
tion 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 associ-
ated 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 indi-
vidual 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 appro-
priation Act.
Reports.
10 USC 2821
note.
Deadline.
Contracts.
Notice.
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118 STAT. 1229
PUBLIC LAW 108–324—OCT. 13, 2004
SEC. 126. None of the funds made available in this Act under
the heading ‘‘North Atlantic Treaty Organization Security Invest-
ment 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 Sub-
committee on Military Construction of the Committee on Appropria-
tions 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 trans-
mitted 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 Fit-
ness 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 prop-
erty is not needed to meet other Department of Defense require-
ments, 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.
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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 prop-
erty 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 attrib-
utable 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 Appro-
priations Act, 2005’’.
DIVISION B—EMERGENCY SUPPLEMENTAL APPROPRIA-
TIONS 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 Pro-
gram’’, 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,
2005.
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118 STAT. 1231
PUBLIC LAW 108–324—OCT. 13, 2004
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 fur-
ther, 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 emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives 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 Representa-
tives 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
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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 Representa-
tives 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 cov-
erage’’ 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 com-
modity’’ means an agricultural commodity (excluding live-
stock) 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 ‘‘noninsur-
able commodity’’ means an eligible crop for which the pro-
ducers 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 pro-
ducers of cottonseed or sugar cane) that have incurred quali-
fying 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 vege-
table 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 cal-
endar year 2003, to remain available until expended.
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(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 pro-
ducers on the farm—
(A) in the case of an insurable commodity, did not
obtain a policy or plan of insurance for the insurable com-
modity 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 noninsur-
able commodity under section 196 of the Federal Agri-
culture 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 para-
graph (4) with respect to the producers on a farm if the pro-
ducers 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 Insur-
ance Act (7 U.S.C. 1501 et seq.) providing additional cov-
erage 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 assist-
ance provided to the producer under this subsection.
(7) PAYMENT LIMITATIONS.—
(A) LIMIT ON AMOUNT OF ASSISTANCE.—Assistance pro-
vided under this subsection to a producer for losses to
a crop, together with the amounts specified in subpara-
graph (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.)
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118 STAT. 1234
PUBLIC LAW 108–324—OCT. 13, 2004
or payment under section 196 of the Federal Agricul-
tural 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 Administra-
tion, 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 pro-
gram, 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,
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118 STAT. 1235
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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 not-
withstanding the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accom-
panying 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 rule-
making; and (3) chapter 35 of title 44, United States Code (com-
monly 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.
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118 STAT. 1236
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(b) The amounts provided under sections 101, 102, 103, 104,
108, 109, 110, and 111 in this chapter are designated as an emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives 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 commu-
nities, 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 pur-
pose.
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 Presi-
dential 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 Invest-
ment 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.
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118 STAT. 1237
PUBLIC LAW 108–324—OCT. 13, 2004
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 emer-
gency 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 des-
ignated 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 Facili-
ties’’, $16,900,000, to remain available until September 30, 2006,
of which $9,000,000 shall be for reseeding, rehabilitation and res-
toration of oyster reefs in Alabama, Florida, Louisiana, and Mis-
sissippi: 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.
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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 Pro-
gram 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 administra-
tive 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 dis-
aster-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.
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118 STAT. 1239
PUBLIC LAW 108–324—OCT. 13, 2004
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 nat-
ural 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 appro-
priations for military personnel; operation and maintenance; the
Defense Health Program; and working capital funds: Provided fur-
ther, That funds transferred shall be merged with and be available
for the same purposes and for the same time period as the appro-
priation 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 require-
ment 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.
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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 nat-
ural 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: Pro-
vided, That such amount is designated as an emergency require-
ment 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.
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118 STAT. 1241
PUBLIC LAW 108–324—OCT. 13, 2004
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 emer-
gency 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 emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives 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 facili-
ties, replacement of destroyed or damaged equipment, and prepara-
tion and recovery of naval vessels under construction: Provided,
That the Secretary of Defense may transfer these funds to appro-
priations 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 deter-
mination that all or part of the funds transferred from this appro-
priation 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.
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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 disaster-
related 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 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.
GENERAL PROVISIONS—THIS CHAPTER
SEC. 301. Appropriations provided in this chapter are available
for obligation until September 30, 2005, unless otherwise so pro-
vided 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
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118 STAT. 1243
PUBLIC LAW 108–324—OCT. 13, 2004
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 Appropria-
tions 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: Pro-
vided, That the Secretary shall notify the Congress promptly of
each transfer made pursuant to the authority in this section: Pro-
vided 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 Appro-
priations 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 adjust-
ments 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 appro-
priation to which transferred: Provided further, That the
authority provided in this section is in addition to any other
Ante, p. 960.
Applicability.
Notification.
Notification.
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118 STAT. 1244
PUBLIC LAW 108–324—OCT. 13, 2004
transfer authority available to the Department of Defense: Pro-
vided further, That all such amounts in this section are des-
ignated 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 trans-
ferred 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 Appropria-
tions 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 Appropria-
tions 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.
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118 STAT. 1245
PUBLIC LAW 108–324—OCT. 13, 2004
CHAPTER 4
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
GENERAL INVESTIGATIONS
For an additional amount for ‘‘General Investigations’’ for emer-
gency 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 Representa-
tives 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 emer-
gency 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, IL-
LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI
AND
TEN-
NESSEE
For an additional amount for ‘‘Flood Control, Mississippi River
and Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mis-
sissippi, 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 emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108–287.
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118 STAT. 1246
PUBLIC LAW 108–324—OCT. 13, 2004
FLOOD CONTROL AND COASTAL EMERGENCIES
For an additional amount for ‘‘Flood Control and Coastal Emer-
gencies’’ 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: Pro-
vided, That such amount is designated as an emergency require-
ment 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 condi-
tions 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 modi-
fication 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 Representa-
tives 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 protec-
tion; 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 Sep-
tember 30, 2005: Provided, That funds appropriated by this para-
graph 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 require-
ment 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.
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118 STAT. 1247
PUBLIC LAW 108–324—OCT. 13, 2004
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 south-
eastern United States, $33,367,310, to remain available until
expended: Provided, That the amounts provided herein are des-
ignated 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 emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives 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 emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives by H. Res. 649 (108th Congress) and applicable to the Senate
by section 14007 of Public Law 108–287.
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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: Pro-
vided, That such amount is designated as an emergency require-
ment 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 dam-
ages from natural disasters: Provided, That such amount is des-
ignated 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 dam-
ages from natural disasters: Provided, That such amount is des-
ignated 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.
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118 STAT. 1249
PUBLIC LAW 108–324—OCT. 13, 2004
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 require-
ment 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 Sep-
tember 30, 2007, for emergency expenses resulting from natural
disasters: Provided, That such amount is designated as an emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives 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 mili-
tary construction projects not otherwise authorized by law: Provided
further, That none of these funds may be obligated for new construc-
tion 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.
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FAMILY HOUSING OPERATION AND MAINTENANCE, ARMY
For an additional amount for ‘‘Family Housing Operation and
Maintenance, Army’’, $1,200,000, to remain available until Sep-
tember 30, 2005, for emergency expenses resulting from natural
disasters: Provided, That such amount is designated as an emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives 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 avail-
able 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 emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives 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 Representa-
tives 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 south-
eastern United States, $5,100,000, to be derived from the airport
and airway trust fund and to remain available until expended:
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PUBLIC LAW 108–324—OCT. 13, 2004
Provided, That such amount is designated as an emergency require-
ment 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 com-
pensate 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 emer-
gency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representa-
tives 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
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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 require-
ment 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.
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118 STAT. 1253
PUBLIC LAW 108–324—OCT. 13, 2004
provided herein are designated as an emergency requirement pursu-
ant 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 Administra-
tion’’, for expenses related to recent natural disasters in the South-
east, $50,000, to remain available until September 30, 2005: Pro-
vided, 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 Representa-
tives 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 pro-
vided 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, long-
term 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 Emer-
gency 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 require-
ment 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 require-
ments for, any provision of any statute or regulation that the
Secretary administers in connection with the obligation by the
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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 activi-
ties 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 dis-
aster 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 adminis-
trative 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 pursu-
ant 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: Pro-
vided, 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 Representa-
tives 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 associ-
ated 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.
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118 STAT. 1255
PUBLIC LAW 108–324—OCT. 13, 2004
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 Fed-
eral Energy Regulatory Commission.
(5) FEDERAL
COORDINATOR.—The term ‘‘Federal Coordi-
nator’’ 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 nat-
ural 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.
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(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 require-
ments 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 trans-
port 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 state-
ment 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 para-
graph (1) shall—
(A) include the criteria for and timing of any open
seasons;
(B) promote competition in the exploration, develop-
ment, and production of Alaska natural gas; and
Deadline.
Regulations.
Deadline.
15 USC 720a.
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118 STAT. 1257
PUBLIC LAW 108–324—OCT. 13, 2004
(C) for any open season for capacity exceeding the
initial capacity, provide the opportunity for the transpor-
tation 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 signifi-
cantly 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 environ-
mental impact statement required by section 102(2)(c) of
15 USC 720b.
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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 para-
graph (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 Commis-
sion in the preparation of the environmental impact state-
ment under this section.
(2) SATISFACTION OF NEPA REQUIREMENTS.—The environ-
mental 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 transpor-
tation project in effect as of the date of the expansion;
15 USC 720c.
Deadlines.
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118 STAT. 1259
PUBLIC LAW 108–324—OCT. 13, 2004
(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 com-
pensated 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 con-
ducted 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 dead-
lines 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.
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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 expedi-
tious 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 regula-
tions 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 Fed-
eral land or private land; and
(B) the State government shall have primary surveil-
lance 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 Transpor-
tation 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.
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118 STAT. 1261
PUBLIC LAW 108–324—OCT. 13, 2004
Coordinator by the President, or 18 months after the date of enact-
ment 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 Transpor-
tation 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 consider-
ation, 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 enact-
ment’’.
SEC. 108. STATE JURISDICTION OVER IN-STATE DELIVERY OF NAT-
URAL 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 Commis-
sion.
15 USC 720f.
15 USC 720e.
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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 nat-
ural 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 Commis-
sion 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 con-
struct 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 Engi-
neers).
(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 pro-
posals 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 Nat-
ural 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 CONDI-
TIONS 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.
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118 STAT. 1263
PUBLIC LAW 108–324—OCT. 13, 2004
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 MANUFAC-
TURED 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 PARTICIPA-
TION 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 partici-
pation 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 enact-
ment 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.
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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 sec-
tion 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 para-
graph (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 Sec-
retary 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 Mac-
kenzie 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.
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118 STAT. 1265
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(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 Fed-
eral 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 transpor-
tation of commercially economic quantities of natural gas from
Alaska to the continental United States.
(b) CONDITIONS.—(1) The Secretary may issue a Federal guar-
antee 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.
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118 STAT. 1266
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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 Fed-
eral 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 origi-
nation 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 con-
sumers, 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 ‘‘quali-
fied 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
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118 STAT. 1267
PUBLIC LAW 108–324—OCT. 13, 2004
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 Appropria-
tions).
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 re-
port.
Oct. 11, Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 40 (2004):
Oct. 13, Presidential statement.
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.
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