[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4837 Enrolled Bill (ENR)]
H.R.4837
One Hundred Eighth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twentieth day of January, two thousand and four
An Act
Making appropriations for military construction, family housing, and
base realignment and closure for the Department of Defense for the
fiscal year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

938242d744ca168174326bc3329819f4cad4a5fb093dd37ff1117b0768b2127a

This Act may be cited as the ``Military Construction Appropriations
and Emergency Hurricane Supplemental Appropriations Act, 2005''.

3ab53f3c0b33d0008dc759c70748c9c77371520ec05dfbe32244e7b19c06ca00

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.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated for military construction, family
housing, and base realignment and closure functions administered by the
Department of Defense, for the fiscal year ending September 30, 2005,
and for other purposes, namely:
Military Construction, Army
(including rescissions)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Army as currently authorized by
law, including personnel in the Army Corps of Engineers and other
personal services necessary for the purposes of this appropriation, and
for construction and operation of facilities in support of the
functions of the Commander in Chief, $1,981,084,000, to remain
available until September 30, 2009: Provided, That of this amount, not
to exceed $156,999,000 shall be available for study, planning, design,
architect and engineer services, and host nation support, as authorized
by law, unless the Secretary of Defense determines that additional
obligations are necessary for such purposes and notifies the Committees
on Appropriations of both Houses of Congress of the determination and
the reasons therefor: Provided further, That of the funds appropriated
for ``Military Construction, Army'' under Public Law 107-249,
$7,276,000 are rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Army'' under Public Law 107-
64; $3,924,000 are rescinded: Provided further, That of the funds
appropriated for ``Military Construction, Army'' under Public Law 106-
246, $7,776,000 are rescinded.
Military Construction, Navy and Marine Corps
(including rescission)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, naval installations, facilities,
and real property for the Navy and Marine Corps as currently authorized
by law, including personnel in the Naval Facilities Engineering Command
and other personal services necessary for the purposes of this
appropriation, $1,069,947,000, to remain available until September 30,
2009: Provided, That of this amount, not to exceed $90,830,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the funds appropriated for ``Military Construction,
Navy'' under Public Law 108-132, $24,000,000 are rescinded.
Military Construction, Air Force
(including rescission)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, military installations,
facilities, and real property for the Air Force as currently authorized
by law, $866,331,000, to remain available until September 30, 2009:
Provided, That of this amount, not to exceed $130,711,000 shall be
available for study, planning, design, and architect and engineer
services, as authorized by law, unless the Secretary of Defense
determines that additional obligations are necessary for such purposes
and notifies the Committees on Appropriations of both Houses of
Congress of the determination and the reasons therefor: Provided
further, That of the funds appropriated for ``Military Construction,
Air Force'' under Public Law, 108-106, $21,800,000 are rescinded.
Military Construction, Defense-Wide
(including transfer of funds and rescissions)
For acquisition, construction, installation, and equipment of
temporary or permanent public works, installations, facilities, and
real property for activities and agencies of the Department of Defense
(other than the military departments), as currently authorized by law,
$686,055,000, to remain available until September 30, 2009: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction or family
housing as the Secretary may designate, to be merged with and to be
available for the same purposes, and for the same time period, as the
appropriation or fund to which transferred: Provided further, That of
the amount appropriated, not to exceed $62,800,000 shall be available
for study, planning, design, and architect and engineer services, as
authorized by law, unless the Secretary of Defense determines that
additional obligations are necessary for such purposes and notifies the
Committees on Appropriations of both Houses of Congress of the
determination and the reasons therefor: Provided further, That of the
funds appropriated for ``Military Construction, Defense-Wide'' under
Public Law 107-249, $16,737,000 are rescinded: Provided further, That
of the funds appropriated for ``Military Construction, 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 Construction
Authorization Acts, $243,043,000, to remain available until September
30, 2009: Provided, That of the funds appropriated for ``Military
Construction, Air National Guard'' under Public Law 108-132, $5,000,000
are rescinded.
Military Construction, Army Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
Army Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $92,377,000, to
remain available until September 30, 2009.
Military Construction, Naval Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the
reserve components of the Navy and Marine Corps as authorized by
chapter 1803 of title 10, United States Code, and Military Construction
Authorization Acts, $44,246,000, to remain available until September
30, 2009.
Military Construction, Air Force Reserve
For construction, acquisition, expansion, rehabilitation, and
conversion of facilities for the training and administration of the Air
Force Reserve as authorized by chapter 1803 of title 10, United States
Code, and Military Construction Authorization Acts, $123,977,000, to
remain available until September 30, 2009.
North Atlantic Treaty Organization
Security Investment Program
(including rescission)
For the United States share of the cost of the North Atlantic
Treaty Organization Security Investment Program for the acquisition and
construction of military facilities and installations (including
international military headquarters) and for related expenses for the
collective defense of the North Atlantic Treaty Area as authorized by
section 2806 of title 10, United States Code, and Military Construction
Authorization Acts, $165,800,000, to remain available until expended:
Provided, That of the funds appropriated for ``North Atlantic Treaty
Organization Security Investment Program'' under Public Law 108-132,
$5,000,000 are rescinded.
Family Housing Construction, Army
(including rescission)
For expenses of family housing for the Army for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $636,099,000, to remain available
until September 30, 2009: Provided, That of the funds appropriated for
``Family Housing Construction, Army'' under Public Law 107-249,
$21,000,000 are rescinded.
Family Housing Operation and Maintenance, Army
For expenses of family housing for the Army for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $926,507,000.
Family Housing Construction, Navy and Marine Corps
(including rescissions)
For expenses of family housing for the Navy and Marine Corps for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $139,107,000, to
remain available until September 30, 2009: Provided, That of the funds
appropriated for ``Family Housing Construction, Navy and Marine Corps''
under Public Law 108-132, $6,737,000 are rescinded: Provided further,
That of the funds appropriated for ``Family Housing Construction, Navy
and Marine Corps'' under Public Law 107-64, $5,564,000 are rescinded.
Family Housing Operation and Maintenance, Navy and Marine Corps
For expenses of family housing for the Navy and Marine Corps for
operation and maintenance, including debt payment, leasing, minor
construction, principal and interest charges, and insurance premiums,
as authorized by law, $696,304,000.
Family Housing Construction, Air Force
(including rescissions)
For expenses of family housing for the Air Force for construction,
including acquisition, replacement, addition, expansion, extension, and
alteration, as authorized by law, $846,959,000, to remain available
until September 30, 2009: Provided, That of the funds appropriated for
``Family Housing Construction, Air Force'' under Public Law 108-132,
$6,000,000 are rescinded: Provided further, That of the funds
appropriated for ``Family Housing Construction, Air Force'' under
Public Law 107-64, $25,720,000 are rescinded: Provided further, That of
the funds appropriated for ``Family Housing Construction, Air Force''
under Public Law 106-246, $13,451,000 are rescinded.
Family Housing Operation and Maintenance, Air Force
For expenses of family housing for the Air Force for operation and
maintenance, including debt payment, leasing, minor construction,
principal and interest charges, and insurance premiums, as authorized
by law, $853,384,000.
Family Housing Construction, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
construction, including acquisition, replacement, addition, expansion,
extension, and alteration, as authorized by law, $49,000, to remain
available until September 30, 2009.
Family Housing Operation and Maintenance, Defense-Wide
For expenses of family housing for the activities and agencies of
the Department of Defense (other than the military departments) for
operation and maintenance, leasing, and minor construction, as
authorized by law, $49,575,000.
Department of Defense Family Housing Improvement Fund
(including rescissions)
For the Department of Defense Family Housing Improvement Fund,
$2,500,000, to remain available until expended, for family housing
initiatives undertaken pursuant to section 2883 of title 10, United
States Code, providing alternative means of acquiring and improving
military family housing and supporting facilities: Provided, That of
the funds appropriated for ``Department of Defense Family Housing
Improvement Fund'' under Public Law 108-132, $8,301,000 are rescinded:
Provided further, That of the funds appropriated for ``Department of
Defense Family Housing Improvement Fund'' under Public Law 107-249,
$10,808,000 are rescinded.
Chemical Demilitarization Construction, Defense-Wide
(including transfer of funds)
For expenses of construction, not otherwise provided for, necessary
for the destruction of the United States stockpile of lethal chemical
agents and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521),
and for the destruction of other chemical warfare materials that are
not in the chemical weapon stockpile, as currently authorized by law,
$81,886,000, to remain available until September 30, 2009: Provided,
That such amounts of this appropriation as may be determined by the
Secretary of Defense may be transferred to such appropriations of the
Department of Defense available for military construction as the
Secretary may designate, to be merged with and to be available for the
same purposes, and for the same time period, as the appropriation to
which transferred.
Base Realignment and Closure Account
For deposit into the Department of Defense Base Closure Account
1990 established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), $246,116,000, to remain
available until expended.
GENERAL PROVISIONS

8e8d82f176aaba572815f824b49254f2f4e2459667974487b2855b7bbca12024

expended for payments under a cost-plus-a-fixed-fee contract for
construction, where cost estimates exceed $25,000, to be performed
within the United States, except Alaska, without the specific approval
in writing of the Secretary of Defense setting forth the reasons
therefor.

4a5f100c6dfe40486b6feee5eebe35dbe6535a45e8da4fdc5db432d9ed5103d8

construction shall be available for hire of passenger motor vehicles.

b4e90eb803fed95f5fd136ff3a7fdc7a557b70ddcd924f56d39554e0f92fdc23

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.

84b3b950457696ed35914eb40342837ecf44b7eba8d78c5c9c8dbcdd97b852e5

to begin construction of new bases in the United States for which
specific appropriations have not been made.

700c40728283d0557adfcbdfa18087f3f6265f3b6721ebd8b1230fdc1dcf5f6f

used for purchase of land or land easements in excess of 100 percent of
the value as determined by the Army Corps of Engineers or the Naval
Facilities Engineering Command, except: (1) where there is a
determination of value by a Federal court; (2) purchases negotiated by
the Attorney General or his designee; (3) where the estimated value is
less than $25,000; or (4) as otherwise determined by the Secretary of
Defense to be in the public interest.

4120171877b6a61c1f45acf9bb0a5754da7679a526747813c3fef669844191d8

used to: (1) acquire land; (2) provide for site preparation; or (3)
install utilities for any family housing, except housing for which
funds have been made available in annual Military Construction
Appropriations Acts.

59b15666e40436bce8f4f893bc36511b76a8aaeaeaf76412ff4976120ad16c4e

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.

3aac59b54786834b23c5674d94de37eafcace8b149481e71c86bd9676fbd7d2e

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.

ac3a2e721acc3d188468d4c08d949f48f092c4a0deea5e79fea51bbb34b16a2a

for military construction or family housing during the current fiscal
year may be used to pay real property taxes in any foreign nation.

8058054b8a7dccd8e27b5282a9ae56fabb9debfe9af4ea644f45cdf8910592a3

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

409bdaf0afa85cd5c54f351bbe87b156ca8f143235404143661c21803bfee82d

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.

c6f9268b75ae5d2515bd81f539010e9af945d04cd1b19ef27050652c792cfa21

construction in the United States territories and possessions in the
Pacific and on Kwajalein Atoll, or in countries bordering the Arabian
Sea, may be used to award any contract estimated by the Government to
exceed $1,000,000 to a foreign contractor: Provided, That this section
shall not be applicable to contract awards for which the lowest
responsive and responsible bid of a United States contractor exceeds
the lowest responsive and responsible bid of a foreign contractor by
greater than 20 percent: Provided further, That this section shall not
apply to contract awards for military construction on Kwajalein Atoll
for which the lowest responsive and responsible bid is submitted by a
Marshallese contractor.

544899474f7cc0c55fe1c562d647e4901546a2fb318de584f4a3fb67ab00d4b3

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.

17fa1ebf8308bdff64cc897c395530037a436c59365c18eb683d5e07030a7558

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)

84ec180af2fcc50c590faa322563cf474c90fdac3436a8b0bed78103fb0e00a6

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.

89142f6c7eb8b501e5b7b63bfe1a41cd913a989b77b9f12c25b7536f87102a35

are being completed with funds otherwise expired or lapsed 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.

e93eec4252325e05cfee2d5b9779948876843e1e52e09c71c7e558e24583f195

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.

64f1683e209b84b379ddb1156960a9a0a7b62e317d033ec979249c0ae77d05d9

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)

9c3608cd8875ee201147eb7e0861124d4433bfb42eb349e15e63b7c2bfece2cd

the Department of Defense, proceeds deposited to the Department of
Defense Base Closure Account established by section 207(a)(1) of the
Defense Authorization Amendments and Base Closure and Realignment Act
(Public Law 100-526) pursuant to section 207(a)(2)(C) of such Act, may
be transferred to the account established by section 2906(a)(1) of the
Defense Base Closure and Realignment Act of 1990 (10 U.S.C. 2687 note),
to be merged with, and to be available for the same purposes and the
same time period as that account.
(transfer of funds)

5d3d0cf490d0f14a9307747b35669b3097e4dd0b0756ff52cd7f9da16fbef138

on Appropriations of both Houses of Congress, such additional amounts
as may be determined by the Secretary of Defense may be transferred to:
(1) the Department of Defense Family Housing Improvement Fund from
amounts appropriated for construction in ``Family Housing'' accounts,
to be merged with and to be available for the same purposes and for the
same period of time as amounts appropriated directly to the Fund; or
(2) the Department of Defense Military Unaccompanied Housing
Improvement Fund from amounts appropriated for construction of military
unaccompanied housing in ``Military Construction'' accounts, to be
merged with and to be available for the same purposes and for the same
period of time as amounts appropriated directly to the Fund: Provided,
That appropriations made available to the Funds shall be available to
cover the costs, as defined in section 502(5) of the Congressional
Budget Act of 1974, of direct loans or loan guarantees issued by the
Department of Defense pursuant to the provisions of subchapter IV of
chapter 169, title 10, United States Code, pertaining to alternative
means of acquiring and improving military family housing, military
unaccompanied housing, and supporting facilities.

c0442ca5b6191821de4f68cbf0387dfd543c230ea2f096add10c7ebc2bbae11c

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

7a6c618175db875ca3b27d0eedc877ee447d72e7f947934d50e3012bcba626bd

solicitation for a contract with the private sector for military family
housing the Secretary of the military department concerned shall submit
to the Committees on Appropriations of both Houses of Congress the
notice described in subsection (b).
(b)(1) A notice referred to in subsection (a) is a notice of any
guarantee (including the making of mortgage or rental payments)
proposed to be made by the Secretary to the private party under the
contract involved in the event of--
(A) the closure or realignment of the installation for which
housing is provided under the contract;
(B) a reduction in force of units stationed at such
installation; or
(C) the extended deployment overseas of units stationed at such
installation.
(2) Each notice under this subsection shall specify the nature of
the guarantee involved and assess the extent and likelihood, if any, of
the liability of the Federal Government with respect to the guarantee.
(transfer of funds)

c74af633f652455344d524e5cd61a68cec701b41729abb308825e13ce80c58e0

the Department of Defense, amounts may be transferred from the account
established by section 2906(a)(1) of the Defense Base Closure and
Realignment Act of 1990 (10 U.S.C. 2687 note), to the fund established
by section 1013(d) of the Demonstration Cities and Metropolitan
Development Act of 1966 (42 U.S.C. 3374) to pay for expenses associated
with the Homeowners Assistance Program. Any amounts transferred shall
be merged with and be available for the same purposes and for the same
time period as the fund to which transferred.

8b7a69f870debae73ba919aef4af9f4660761fcc238ea303dd5584ba4cf678a9

made available in this Act for operation and maintenance of family
housing shall be the exclusive source of funds for repair and
maintenance of all family housing units, including general or flag
officer quarters: Provided, That not more than $35,000 per unit may be
spent annually for the maintenance and repair of any general or flag
officer quarters without 30 days prior notification to the appropriate
Committees on Appropriations of both Houses of Congress, except that an
after-the-fact notification shall be submitted if the limitation is
exceeded solely due to costs associated with environmental remediation
that could not be reasonably anticipated at the time of the budget
submission: Provided further, That the Under Secretary of Defense
(Comptroller) is to report annually to the Committees on Appropriations
of both Houses of Congress all operation and maintenance expenditures
for each individual general or flag officer quarters for the prior
fiscal year.

94a6715639df216ab5eebce482b8286dea95b8dc949a7dfca59bcd31592cfe38

transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.

76a970494eb9535759bb8035dde5db2c6e1866913605c5f1b5bcca48bac96b24

heading ``North Atlantic Treaty Organization Security Investment
Program'', and no funds appropriated for any fiscal year before fiscal
year 2005 for that program that remain available for obligation, may be
obligated or expended for the conduct of studies of missile defense.

29ad00920ed5d884b34ce0279b1a4640fbdc144a56ad72988b4b023cb709468f

striking the words ``December 31, 2004'' and replacing with ``August
15, 2005''.

424ea196049716bfc663fe181e36b340a659dda9610293e65d4974c81214c83d

of the Department of Defense is requested by the Subcommittee on
Military Construction of the Committee on Appropriations of either
House of Congress to respond to a question or inquiry submitted by the
chairman or another member of that subcommittee pursuant to a
subcommittee hearing or other activity, the Secretary (or other
official) shall respond to the request, in writing, within 21 days of
the date on which the request is transmitted to the Secretary (or other
official).

108c7c8ea502caf480597ff7e7f4ee5ae7b22466500afb623a94c36028160459

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).

48dbf8c7497e4f080fa445af84df9bed72a224e35fcf7994b52fadde84bc011b

Florida, shall be known and designated as the ``Sam Johnson Fitness
Center''. Any reference to such facility in any law, regulation, map,
document, record, or other paper of the United States shall be
considered to be a reference to the Sam Johnson Fitness Center.

299fe252e5cd446afa760c1212aed6ce1ea8e6ce25faff11faaa7cfa57851d0b

Liggett, California.--
(1) Notwithstanding any other provision of law, whenever the
Secretary of the Army determines that any portion of real property
consisting of approximately 165,000 acres at Fort Hunter Liggett,
California, is excess to the military needs of the Army, and the
Secretary of Defense concurs that the property is not needed to
meet other Department of Defense requirements, the Secretary of the
Army shall first offer the property to the Secretary of
Agriculture.
(2) If the Secretary of Agriculture determines, pursuant to
negotiations with the Secretary of the Army, to accept the property
offered under paragraph (1), the Secretary of the Army shall
transfer administrative jurisdiction of such property to the
Secretary of Agriculture.
(b) Management of Transferred Property.--
(1) The Secretary of Agriculture shall manage any property
transferred under subsection (a) as part of the National Forest
System under the Act of March 1, 1911 (commonly known as ``Weeks
Law'') (16 U.S.C. 480 et seq.), and other laws relating to the
National Forest System.
(2) Any property managed under paragraph (1) shall be subject
to the concurrent jurisdiction of the State of California.
(c) Adjustment of Boundaries.--
(1) Effective upon the transfer of property under subsection
(a), the boundaries of Los Padres National Forest shall be modified
to incorporate such property. The Chief of the United States Forest
Service shall file and make available for public inspection in the
Office of the Chief of the United States Forest Service in
Washington, District of Columbia, a map reflecting any modification
of the boundaries of Los Padres National Forest pursuant to the
preceding sentence.
(2) Any property incorporated within the boundaries of Los
Padres National Forest under this section shall be deemed to have
been within the boundaries of Los Padres National Forest as of
January 1, 1965, for purposes of section 7(a) of the Land and Water
Conservation Fund Act of 1965 (16 U.S.C. 460l-9(a)).
(d) Environmental Matters.--As part of the transfer of property
under subsection (a), the Secretary of the Army shall perform, in
accordance with the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.), all environmental
remediation actions necessary to respond to environmental contamination
or injury to natural resources attributable to former military
activities on the property.

1003e9c1d274eab76fc1a9941d335bab8e813e58254b11aa7002a0fe9060d2ab

required by division A shall be submitted to the Subcommittee on
Military Construction of the Committee on Appropriations of each House
of Congress.
This division may be cited as the ``Military Construction
Appropriations Act, 2005''.
DISASTERS ASSISTANCE ACT, 2005
An Act
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2005, for additional disaster assistance relating to
natural disasters, and for other purposes.
That the following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2005, to provide emergency supplemental appropriations
for additional disaster assistance relating to natural disasters, and
for other purposes, namely:
CHAPTER 1
DEPARTMENT OF AGRICULTURE
Farm Service Agency
Emergency Conservation Program
For an additional amount for ``Emergency Conservation Program'',
for expenses resulting from natural disasters, $100,000,000, to remain
available until expended: Provided, That the amounts provided under
this heading are designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
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 Advancement
Program'', $68,000,000, to remain available until expended: Provided,
That $50,000,000 shall be available for water and waste disposal grants
as authorized by 7 U.S.C. 1926(a): Provided further, That $18,000,000
shall be for the cost of community facility direct loans and grants as
authorized by 7 U.S.C. 1926(a): Provided further, That loans and grants
under this heading shall be available for projects in communities
affected by hurricanes and tropical storms in calendar year 2003 or
2004: Provider further, That the amounts provided under this heading
are designated as an emergency requirement pursuant to section 402 of
S. Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of Public Law 108-287.
Rural Housing Service
Rural Housing Insurance Fund Program Account
For additional gross obligations for the principal amount of direct
loans as authorized by title V of the Housing Act of 1949, to be
available from funds in the rural housing insurance fund, $17,000,000
for section 504 housing repair loans: Provided, That this loan level
shall be considered an estimate and not a limitation.
For the additional cost of direct loans, including the cost of
modifying loans, as defined in section 502 of the Congressional Budget
Act of 1974: section 504 housing repair loans, $5,000,000, to remain
available until expended: Provided, That such loans shall only be
available for projects in communities affected by hurricanes and
tropical storms in calendar year 2003 or 2004: Provided further, That
the amounts provided under this heading are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
Rural Housing Assistance Grants
For an additional amount for ``Rural Housing Assistance Grants'',
$13,000,000, to remain available until expended, of which $8,000,000
shall be for grants and contracts for very low-income housing repair,
made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, and
of which $5,000,000 shall be for domestic farm labor housing grants and
contracts, as authorized by 42 U.S.C. 1486: Provided, That of the funds
made available for domestic farm labor housing grants, the Secretary
may use up to $3,000,000 to provide grants authorized under 42 U.S.C.
5177a(a): Provided further, That such grants and contracts under this
heading shall only be available for projects in communities affected by
hurricanes and tropical storms in calendar year 2003 or 2004: Provided
further, That the amounts provided under this heading are designated as
an emergency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representatives by
H. Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287.
GENERAL PROVISIONS--THIS CHAPTER

d1cccaf0f26cf5902167b76799cad2affed19997e27a0e5ef0a0ea93682b3a38

(a) Crop Disaster Assistance.--
(1) Definitions.--In this subsection:
(A) Additional coverage.--The term ``additional coverage''
has the meaning given the term in section 502(b)(1) of the
Federal Crop Insurance Act (7 U.S.C. 1502(b)(1)).
(B) Insurable commodity.--The term ``insurable commodity''
means an agricultural commodity (excluding livestock) for which
the producers on a farm are eligible to obtain a policy or plan
of insurance under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.).
(C) Noninsurable commodity.--The term ``noninsurable
commodity'' means an eligible crop for which the producers on a
farm are eligible to obtain assistance under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(2) Emergency financial assistance.--Notwithstanding section
508(b)(7) of the Federal Crop Insurance Act (7 U.S.C. 1508(b)(7)),
the Secretary of Agriculture shall use such sums as are necessary
of funds of the Commodity Credit Corporation to make emergency
financial assistance authorized under this subsection available to
producers on a farm (other than producers of cottonseed or sugar
cane) that have incurred qualifying crop or quality losses for the
2003, 2004, or 2005 crop (as elected by a producer), but limited to
only one of the crop years listed, due to damaging weather or
related condition, as determined by the Secretary: Provided, That
qualifying crop losses for the 2005 crop are limited to only those
losses caused by a hurricane or tropical storm of the 2004
hurricane season in counties declared disaster areas by the
President of the United States: Provided further, That
notwithstanding the crop year election limitation in this
paragraph, $53,000,000 shall be provided to the Secretary of
Agriculture, of which $50,000,000 shall be for crop losses in the
Commonwealth of Virginia, and of which $3,000,000 shall be for
fruit and vegetable losses in the State of North Carolina: Provided
further, That these losses resulted from hurricanes, tropical
storms, and other weather related disasters that occurred during
calendar year 2003, to remain available until expended.
(3) Administration.--The Secretary shall make assistance
available under this subsection in the same manner as provided
under section 815 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387; 114 Stat. 1549A-55), including using the same
loss thresholds for the quantity and quality losses as were used in
administering that section.
(4) Ineligibility for assistance.--Except as provided in
paragraph (5), the producers on a farm shall not be eligible for
assistance under this subsection with respect to losses to an
insurable commodity or noninsurable commodity if the producers on
the farm--
(A) in the case of an insurable commodity, did not obtain a
policy or plan of insurance for the insurable commodity under
the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the
crop incurring the losses;
(B) in the case of a noninsurable commodity, did not file
the required paperwork, and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) for the crop
incurring the losses;
(C) had adjusted gross incomes, as defined by section 1001D
of the Food Security Act of 1985, of greater than $2,500,000 in
2003; or
(D) were not in compliance with highly erodible land
conservation and wetland conservation provisions.
(5) Contract waiver.--The Secretary may waive paragraph (4)
with respect to the producers on a farm if the producers enter into
a contract with the Secretary under which the producers agree--
(A) in the case of an insurable commodity, to obtain a
policy or plan of insurance under the Federal Crop Insurance
Act (7 U.S.C. 1501 et seq.) providing additional coverage for
the insurable commodity for each of the next 2 crops; and
(B) in the case of a noninsurable commodity, to file the
required paperwork and pay the administrative fee by the
applicable State filing deadline, for the noninsurable
commodity for each of the next 2 crops under section 196 of the
Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333).
(6) Effect of violation.--In the event of the violation of a
contract under paragraph (5) by a producer, the producer shall
reimburse the Secretary for the full amount of the assistance
provided to the producer under this subsection.
(7) Payment limitations.--
(A) Limit on amount of assistance.--Assistance provided
under this subsection to a producer for losses to a crop,
together with the amounts specified in subparagraph (B)
applicable to the same crop, may not exceed 95 percent of what
the value of the crop would have been in the absence of the
losses, as estimated by the Secretary.
(B) Other payments.--In applying the limitation in
subparagraph (A), the Secretary shall include the following:
(i) Any crop insurance payment made under the Federal
Crop Insurance Act (7 U.S.C. 1501 et seq.) or payment under
section 196 of the Federal Agricultural Improvement and
Reform Act of 1996 (7 U.S.C. 7333) that the producer
receives for losses to the same crop.
(ii) The value of the crop that was not lost (if any),
as estimated by the Secretary.
(C) Effect of florida disaster programs.--Persons that
received payments from section 32 of the Act of August 24, 1935
with respect to 2004 hurricane crop losses are not eligible for
payments under this subsection.
(b) Livestock Assistance Program.--
(1) Emergency financial assistance.--The Secretary of
Agriculture shall use such sums as are necessary of funds of the
Commodity Credit Corporation to make and administer payments for
livestock losses to producers for 2003 or 2004 losses (as elected
by a producer), but not both, in a county that has received an
emergency designation by the President or the Secretary after
January 1, 2003, of which an amount determined by the Secretary
shall be made available for the American Indian livestock program
under section 806 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387; 114 Stat. 1549A-51).
(2) Administration.--The Secretary shall make assistance
available under this subsection in the same manner as provided
under section 806 of the Agriculture, Rural Development, Food and
Drug Administration, and Related Agencies Appropriations Act, 2001
(Public Law 106-387; 114 Stat. 1549A-51).
(3) Mitigation.--In determining the eligibility for or amount
of payments for which a producer is eligible under the livestock
assistance program, the Secretary shall not penalize a producer
that takes actions (recognizing disaster conditions) that reduce
the average number of livestock the producer owned for grazing
during the production year for which assistance is being provided.
(c) Tree Assistance Program.--
(1) Emergency assistance.--The Secretary of Agriculture shall
use such sums as are necessary of the funds of the Commodity Credit
Corporation to provide assistance under the tree assistance program
established under sections 10201 through 10204 of the Farm Security
and Rural Investment Act of 2002 (7 U.S.C. 8201 et seq.) to
producers who suffered tree losses during the period beginning on
December 1, 2003, and ending on December 31, 2004.
(2) Additional assistance.--In addition to providing assistance
to eligible orchardists under the tree assistance program, the
Secretary shall use an additional $15,000,000 of the funds of the
Commodity Credit Corporation to provide reimbursement under
sections 10203 and 10204 of the Farm Security and Rural Investment
Act of 2002 (7 U.S.C. 8203, 8204) to eligible forest land owners
who produce periodic crops of timber from trees for commercial
purposes and who have suffered tree losses during the period
specified in paragraph (1).
(3) Effect of florida disaster programs.--Persons that received
payments from section 32 of the Act of August 24, 1935 with respect
to 2004 hurricane crop losses are not eligible for payments under
this section.
(d) Emergency Conservation Program.--The Secretary of Agriculture
shall use an additional $50,000,000 of the funds of the Commodity
Credit Corporation to provide assistance under the Emergency
Conservation Program under title IV of the Agriculture Credit Act of
1978 (16 U.S.C. 2201 et seq.).
(e) Offset.--Section 1241(a)(3) of the Food Security Act of 1985
(16 U.S.C. 3841(a)(3)) is amended by inserting before the period at the
end the following: ``, using not more than $6,037,000,000 for the
period of fiscal years 2005 through 2014''.
(f) That for purposes of the budget scoring guidance in effect for
the Congress and the Executive branch respectively, and notwithstanding
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217, any savings from subsection (e) shall not be scored until
fiscal year 2008.
(g) The issuance of regulations shall be made without regard to:
(1) the notice and comment provisions of section 553 of title 5, United
States Code; (2) the Statement of Policy of the Secretary of
Agriculture effective July 24, 1971 (36 Fed. Reg. 13804), relating to
notices of proposed rulemaking and public participation in rulemaking;
and (3) chapter 35 of title 44, United States Code (commonly known as
the ``Paperwork Reduction Act''): Provided, That in carrying out this
section, the Secretary shall use the authority provided under section
808 of title 5, United States Code.

1d94c403bcb491d8c0c3d7fa4b2a2ce90a1d8eab439ef587cc64df53b82e1b5e

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).

880f565a2e682781a9197757be31af7dbf01acb6b338f244da8754ebff31bd0c

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.

347ada176eb40894ff69f4bdf1e9e7d976e1fef88315d77e1d460a5ba298463a

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.

5231738ee0ff3727aaf4ef306672d17058a6ea0614ad164bc57d3d02e579e2ea

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.
(b) The amounts provided under sections 101, 102, 103, 104, 108,
109, 110, and 111 in this chapter are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.

ffc7f0630b8350b3025fe32acdae6522262dd519a6d843cf368e9dedf7f6b0d6

in Burlington and Camden Counties in New Jersey, affected by the flood
which occurred on July 12, 2004, are deemed to be rural areas during
fiscal year 2005 for purposes of subtitle E of the Consolidated Farm
and Rural Development Act. Any limitations under subtitle E of the
Consolidated Farm and Rural Development Act that are based on the
income of families shall not apply during fiscal year 2005 with respect
to such communities, or to businesses or families residing in such
communities.
(b) Rural Housing Insurance Fund and Rural Housing Assistance
Grants.--The communities referred to in subsection (a) are deemed to be
rural areas during fiscal year 2005 for purposes of the direct and
guaranteed loan programs under title V of the Housing Act of 1949 and
the grant programs under sections 504, 509(c), 525, and 533 of such
title V. Any limitations under title V of the Housing Act of 1949 that
are based on the income of families shall not apply during fiscal year
2005 with respect to such communities or to families residing in such
communities.

f9c2b544e200ee770b6cf530645c92c01c1382e79896a72eb449b0c017b3ef23

technical assistance to repair, and if necessary, replace Hope Mills
Dam, Cumberland County, North Carolina, in accordance with the dam
safety standards of the state of North Carolina: Provided, That from
within the funds provided in this chapter for the Emergency Watershed
Protection program of the Natural Resources Conservation Service
$1,600,000 is provided for this purpose.

456ec82d8ba1d5f5c68599d0d6eb8dd5714db829cea31f3a57dc8cad7221ae9b

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.

e2614f69f0a757417746e4bfae04405e702ecc746f3c24093002a0c557c4f869

may use not more than $4,000,000 to cover administrative expenses
associated with the implementation of sections 101 and 102 of this
chapter.

96e9135be1b215c2b2688751121269571dd2120adcc15267a0749a354c83db27

assistance program, $10,000,000 shall be made available to the
Secretary of Agriculture, to remain available until expended, to
provide assistance to eligible private forest landowners owning not
more than 5,000 acres of forest crop in counties declared Presidential
disaster areas as a result of hurricane, tropical storm, or related
events for the purposes of debris removal, replanting of timber, and
other such purposes.

31394ad1b093155b0d2363b69bc1d35c3165f03adf7112e2a672fa363d13bc2c

assistance program, $8,500,000 shall be made available to the Secretary
of Agriculture, to remain available until expended, to provide
assistance under the tree assistance program established under subtitle
C of title X of the Farm Security and Rural Investment Act of 2002 to
pecan producers in counties declared a disaster by the President of the
United States who suffered tree loss or damage due to damaging weather
related to any hurricane or tropical storm of the 2004 hurricane
season: Provided, That the funds made available under this section
shall also be made available to cover costs associated with pruning,
rehabilitating, and other appropriate activities as determined by the
Secretary.
CHAPTER 2
DEPARTMENT OF JUSTICE
Federal Prison System
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $5,500,000,
to remain available until September 30, 2005, for emergency hurricane-
related expenses: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
Buildings and Facilities
For an additional amount for ``Buildings and Facilities'',
$18,600,000, to remain available until expended for emergency
hurricane-related expenses: Provided, That such amount is designated as
an emergency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representatives by
H. Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287.
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
Operations, Research and Facilities
For an additional amount for ``Operations, Research, and
Facilities'', $16,900,000, to remain available until September 30,
2006, of which $9,000,000 shall be for reseeding, rehabilitation and
restoration of oyster reefs in Alabama, Florida, Louisiana, and
Mississippi: Provided, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
Procurement, Acquisition and Construction
For an additional amount for ``Procurement, Acquisition and
Construction'', $3,800,000, to remain available until September 30,
2007: Provided, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
SMALL BUSINESS ADMINISTRATION
Disaster Loans Program Account
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans, $501,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in Section 502 of the Congressional
Budget Act of 1974.
In addition, for an additional amount for ``Disaster Loans Program
Account'' for administrative expenses to carry out the disaster loan
program, $428,000,000, to remain available until expended, which may be
transferred to the appropriations for ``Salaries and Expenses'':
Provided, That no funds shall be transferred to the appropriations for
``Salaries and Expenses'' for indirect administrative expenses:
Provided further, That the amounts provided under this heading are
designated as an emergency requirement pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of Public Law 108-287.
CHAPTER 3
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Army'',
$8,600,000, for emergency hurricane and other natural disaster-related
expenses, which shall be available for transfer to reimburse costs
incurred in fiscal year 2004: Provided, That such amount is designated
as an emergency requirement pursuant to section 402 of S. Con. Res. 95
(108th Congress), as made applicable to the House of Representatives by
H. Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287.
Operation and Maintenance, Navy
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Navy'',
$458,000,000, for emergency hurricane and other natural disaster-
related expenses, which shall be available for transfer to reimburse
costs incurred in fiscal year 2004: Provided, That such amount is
designated as an emergency requirement pursuant to section 402 of S.
Con. Res. 95 (108th Congress), as made applicable to the House of
Representatives by H. Res. 649 (108th Congress) and applicable to the
Senate by section 14007 of Public Law 108-287.
Operation and Maintenance, Marine Corps
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,300,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
Operation and Maintenance, Air Force
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Air
Force'', $165,400,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
Operation and Maintenance, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $100,000,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That the
Secretary of Defense may transfer these funds to appropriations for
military personnel; operation and maintenance; the Defense Health
Program; and working capital funds: Provided further, That funds
transferred shall be merged with and be available for the same purposes
and for the same time period as the appropriation or fund to which
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority available to the Department of
Defense: Provided further, That upon a determination that all or part
of the funds transferred from this appropriation are not necessary for
the purposes provided herein, such amounts may be transferred back to
this appropriation: Provided further, That the Secretary of Defense
shall, not fewer than 15 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation: Provided
further, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
Operation and Maintenance, Army Reserve
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $1,400,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
Operation and Maintenance, Navy Reserve
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $1,000,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
Operation and Maintenance, Air Force Reserve
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $2,400,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
Operation and Maintenance, Army National Guard
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $10,500,000, for emergency hurricane and other
natural disaster-related expenses, which shall be available for
transfer to reimburse costs incurred in fiscal year 2004: Provided,
That such amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
Operation and Maintenance, Air National Guard
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $2,200,000, for emergency hurricane and other natural
disaster-related expenses, which shall be available for transfer to
reimburse costs incurred in fiscal year 2004: Provided, That such
amount is designated as an emergency requirement pursuant to section
402 of S. Con. Res. 95 (108th Congress), as made applicable to the
House of Representatives by H. Res. 649 (108th Congress) and applicable
to the Senate by section 14007 of Public Law 108-287.
PROCUREMENT
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$2,500,000, to remain available until September 30, 2007, for emergency
hurricane and other natural disaster-related expenses, which shall be
available for transfer to reimburse costs incurred in fiscal year 2004:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.
Procurement, Defense-Wide
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for ``Procurement, Defense-Wide'',
$140,000,000, to remain available until September 30, 2007, for
emergency hurricane and other natural disaster-related expenses, which
shall be available for transfer to reimburse costs incurred in fiscal
year 2004, for the costs of repairs to structures and facilities,
replacement of destroyed or damaged equipment, and preparation and
recovery of naval vessels under construction: Provided, That the
Secretary of Defense may transfer these funds to appropriations for
operation and maintenance; procurement; and research, development, test
and evaluation: Provided further, That funds transferred shall be
merged with and be available for the same purposes and for the same
time period as the appropriation or fund to which transferred: Provided
further, That this transfer authority is in addition to any other
transfer authority available to the Department of Defense: Provided
further, That upon a determination that all or part of the funds
transferred from this appropriation are not necessary for the purposes
provided herein, such amounts may be transferred back to this
appropriation: Provided further, That the Secretary of Defense shall,
not fewer than 15 days prior to making transfers from this
appropriation, notify the congressional defense committees in writing
of the details of any such transfer: Provided further, That the
Secretary shall submit a report no later than 30 days after the end of
each fiscal quarter to the congressional defense committees summarizing
the details of the transfer of funds from this appropriation: Provided
further, That not less than $10,500,000 shall be transferred to
``Aircraft 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

c8ea020c3b221e43da54a1566295db51b9154cfc5e528b183b63929a83c49b67

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

34f302b52f6bc1df06f56de63618b6ce11efc9747faaf5743461b2f8f6696602

transfer of funds in or pursuant to this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414).

597adcd65e6f4e7e12d22cbfc5b03b4d7f69928da9094052ccafc1bfb519292e

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.

4d988439c898648f2a91ff158c7818bbc807b243245805d56bc23d9450b6d04b

Act, 2005 (Public Law 108-287); 118 Stat. 970), is amended by striking
the words ``in session''.
(TRANSFER OF FUNDS)

116dc34da3a00637bbb0f8cbaf07c1feba98ceb279a612e277e1c1bce0dd33d0

the national interest to address emergency hurricane and other natural
disaster-related expenses, the Secretary of Defense may transfer
between appropriations up to $200,000,000 of the funds made available
to the Department of Defense in this chapter: Provided, That the
Secretary shall notify the Congress promptly of each transfer made
pursuant to the authority in this section: Provided further, That the
authority provided in this section is in addition to any other transfer
authority available to the Department of Defense and is subject to the
same terms and conditions as the authority provided in section 8005 of
the Department of Defense Appropriations Act, 2005 (Public Law 108-
287): Provided further, That such amount is designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.

a1cc907ad84d946eebfe3938bda768883639d03955e44e05cff2db82d6b1c3d9

Appropriations Act, 2005 (Public Law 108-287; 118 Stat. 1008; 10 U.S.C.
113 note), is amended by striking ``section 12304'' in paragraphs (7)
and (8) and inserting ``section 12302''.
(INCLUDING TRANSFER OF FUNDS)

040e118af5577a3b9ebe993d06aa2ed9c922db0208fed85b469d0e6f02e4f61c

Notwithstanding any other provision in law, the following adjustments
and transfers shall apply to funds previously made available and to
restrictions in the Department of Defense Appropriations Act, 2005
(Public Law 108-287):
(1) Armored passenger vehicles.--Under the heading, ``Other
Procurement, Army'', strike ``purchase of 1 vehicle'' and insert
``purchase of 21 vehicles'', and under the heading, ``Other
Procurement, Army'', strike ``not to exceed $200,000'' and insert
``not to exceed $275,000'': Provided, That any purchases under the
authority of this section in excess of one vehicle may only be in
direct support of force protection requirements.
(2) Transfer of funds.--Upon enactment of this Act, the
Secretary of Defense shall make the following transfer of funds:
Provided, That the amounts transferred shall be made available for
the same purpose and the same time period as the appropriation to
which transferred: Provided further, That the authority provided in
this section is in addition to any other transfer authority
available to the Department of Defense: Provided further, That all
such amounts in this section are designated as an emergency
requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section
14007 of Public Law 108-287: Provided further, That the amounts
shall be transferred between the following appropriations, in the
amounts specified:
To:
Under the heading, ``Research, Development, Test and
Evaluation, Defense-Wide, 2005/2006'', $5,950,000.
From:
Under the heading, ``Operation and Maintenance, Army'',
$5,950,000.
To:
Under the heading, ``Procurement, Marine Corps, 2005/
2007'', as provided in title IX of Public Law 108-287,
$7,000,000.
From:
Under the heading, ``Operation and Maintenance, Marine
Corps'', as provided in title IX of Public Law 108-287,
$7,000,000.
To:
The Department of Veterans Affairs, under the heading,
``Medical Services'', $500,000.
From:
Under the heading, ``Defense Health Program'',
Operation and Maintenance, $500,000.
To:
Under the heading, ``Operation and Maintenance, Army
National Guard'', $1,400,000.
From:
Under the heading, ``Operation and Maintenance, Army'',
$1,400,000.
(3) Section 9014 authorities.--The authority provided in
section 9014 of the Department of Defense Appropriations Act, 2005
(Public Law 108-287; 118 Stat. 1009), shall apply with respect to
the period beginning on June 29, 2003, and ending on August 4,
2004, in addition to the period of applicability provided pursuant
to section 9001 of that Act.

f8841aabfc1d55e1b6002a144c640b4717f617edc788a45ec15641d6eb0ccab5

Act, 2005 (Public Law 108-287), is amended by striking
``$300,000,000'', and inserting ``$500,000,000''.

a54a6156eeeb0faea13766cb6e0df7631e5bd5321f30d6d009fffdb3cd153c31

Act, 2005 (Public Law 108-287), is amended by striking ``New Iraqi
Army'', and inserting ``Iraqi Armed Forces, to include the Iraqi
National Guard''.
CHAPTER 4
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
General Investigations
For an additional amount for ``General Investigations'' for
emergency expenses for the update of studies necessitated by storm
damage to shore protection projects, $400,000, to remain available
until expended: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
Construction, General
For an additional amount for ``Construction, General'' for
emergency expenses for repair of storm damage for authorized shore
protection projects and assessment of project performance of such
projects, $62,600,000, to remain available until expended: Provided,
That such amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri and Tennessee
For an additional amount for ``Flood Control, Mississippi River and
Tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi,
Missouri and Tennessee'' for emergency expenses for levee and revetment
repair and for emergency dredging, $6,000,000, to remain available
until expended: Provided, That such amount is designated as an
emergency requirement pursuant to section 402 of S. Con. Res. 95 (108th
Congress), as made applicable to the House of Representatives by H.
Res. 649 (108th Congress) and applicable to the Senate by section 14007
of Public Law 108-287.
Operation and Maintenance, General
For an additional amount for ``Operation and Maintenance, General''
for emergency expenses for repair of storm damage to authorized
projects, $145,400,000, to remain available until expended: Provided,
That such amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.
Flood Control and Coastal Emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'' for emergency expenses for repair of damage to flood
control and hurricane shore protection projects by storms and other
natural disasters, $148,000,000, to remain available until expended:
Provided, That such amount is designated as an emergency requirement
pursuant to section 402 of S. Con. Res. 95 (108th Congress), as made
applicable to the House of Representatives by H. Res. 649 (108th
Congress) and applicable to the Senate by section 14007 of Public Law
108-287.

91444408dfd4204e0f4d9ed46182e712ea04413f99066d6c509e8859155fc4eb

the State of Nevada, $5,000,000 is provided to the Secretary of the
Interior, acting through the Commissioner of the Bureau of Reclamation,
for the Southern Nevada Water Authority for modification of the water
intake at Lake Mead, to remain available until expended: Provided, That
such amount is designated as an emergency requirement pursuant to
section 402 of S. Con. Res. 95 (108th Congress), as made applicable to
the House of Representatives by H. Res. 649 (108th Congress) and
applicable to the Senate by section 14007 of Public Law 108-287.

391f85238ed0b936823aaaa5bfc4cc3c35bac5163d7c5048827c36db4d351a55

9045379fe53a729559904697c1e181d051d87bcc39bd0a0b55308653e566327d

balances of any funds appropriated under ``Medical services'', for
fiscal year 2004, the Secretary of Veterans Affairs may transfer up to
$125,000,000 to ``General operating expenses'', for costs associated
with processing claims where the basis of the entitlement is claimed
disability incurred as a result of a veteran's service, subject to a
determination by the Secretary of Veterans Affairs that such additional
funds are necessary.
CHAPTER 12
GENERAL PROVISION--THIS ACT

18f2ce2ddc7ff2dafb77b902361908e81120ab02819a74ce7f3f1143bab1f313

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''.

4b5f0ec40153ac12ec6a2416c2adace971d0fc62327016d00ffa81ccf82ac317

This division may be cited as the ``Alaska Natural Gas Pipeline
Act''.

fdcee4f36230131f99f61c6f95936180c631b4e32c22c65fe77fff69d03041f1

In this division:
(1) Alaska natural gas.--The term ``Alaska natural gas'' means
natural gas derived from the area of the State of Alaska lying
north of 64 degrees north latitude.
(2) Alaska natural gas transportation project.--The term
``Alaska natural gas transportation project'' means any natural gas
pipeline system that carries Alaska natural gas to the border
between Alaska and Canada (including related facilities subject to
the jurisdiction of the Commission) that is authorized under--
(A) the Alaska Natural Gas Transportation Act of 1976 (15
U.S.C. 719 et seq.); or
(B) section 103.
(3) Alaska natural gas transportation system.--The term
``Alaska natural gas transportation system'' means the Alaska
natural gas transportation project authorized under the Alaska
Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.) and
designated and described in section 2 of the President's decision.
(4) Commission.--The term ``Commission'' means the Federal
Energy Regulatory Commission.
(5) Federal coordinator.--The term ``Federal Coordinator''
means the head of the Office of the Federal Coordinator for Alaska
Natural Gas Transportation Projects established by section 106(a).
(6) President's decision.--The term ``President's decision''
means the decision and report to Congress on the Alaska natural gas
transportation system--
(A) issued by the President on September 22, 1977, in
accordance with section 7 of the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719e); and
(B) approved by Public Law 95-158 (15 U.S.C. 719f note; 91
Stat. 1268).
(7) Secretary.--The term ``Secretary'' means the Secretary of
Energy.
(8) State.--The term ``State'' means the State of Alaska.

c95995623416d3c8347b46bfb88e1ee8815a73ecff75a7fa5421949ed63ec886

(a) Authority of the Commission.--Notwithstanding the Alaska
Natural Gas Transportation Act of 1976 (15 U.S.C. 719 et seq.), the
Commission may, in accordance with section 7(c) of the Natural Gas Act
(15 U.S.C. 717f(c)), consider and act on an application for the
issuance of a certificate of public convenience and necessity
authorizing the construction and operation of an Alaska natural gas
transportation project other than the Alaska natural gas transportation
system.
(b) Issuance of Certificate.--
(1) In general.--The Commission shall issue a certificate of
public convenience and necessity authorizing the construction and
operation of an Alaska natural gas transportation project under
this section if the applicant has satisfied the requirements of
section 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)).
(2) Considerations.--In considering an application under this
section, the Commission shall presume that--
(A) a public need exists to construct and operate the
proposed Alaska natural gas transportation project; and
(B) sufficient downstream capacity will exist to transport
the Alaska natural gas moving through the project to markets in
the contiguous United States.
(c) Expedited Approval Process.--Not later than 60 days after the
date of issuance of the final environmental impact statement under
section 104 for an Alaska natural gas transportation project, the
Commission shall issue a final order granting or denying any
application for a certificate of public convenience and necessity for
the project under section 7(c) of the Natural Gas Act (15 U.S.C.
717f(c)) and this section.
(d) Prohibition of Certain Pipeline Route.--No license, permit,
lease, right-of-way, authorization, or other approval required under
Federal law for the construction of any pipeline to transport natural
gas from land within the Prudhoe Bay oil and gas lease area may be
granted for any pipeline that follows a route that--
(1) traverses land beneath navigable waters (as defined in
section 2 of the Submerged Lands Act (43 U.S.C. 1301)) beneath, or
the adjacent shoreline of, the Beaufort Sea; and
(2) enters Canada at any point north of 68 degrees north
latitude.
(e) Open Season.--
(1) In general.--Not later than 120 days after the date of
enactment of this Act, the Commission shall issue regulations
governing the conduct of open seasons for Alaska natural gas
transportation projects (including procedures for the allocation of
capacity).
(2) Regulations.--The regulations referred to in paragraph (1)
shall--
(A) include the criteria for and timing of any open
seasons;
(B) promote competition in the exploration, development,
and production of Alaska natural gas; and
(C) for any open season for capacity exceeding the initial
capacity, provide the opportunity for the transportation of
natural gas other than from the Prudhoe Bay and Point Thomson
units.
(3) Applicability.--Except in a case in which an expansion is
ordered in accordance with section 105, initial or expansion
capacity on any Alaska natural gas transportation project shall be
allocated in accordance with procedures to be established by the
Commission in regulations issued under paragraph (1).
(f) Projects in the Contiguous United States.--
(1) In general.--An application for additional or expanded
pipeline facilities that may be required to transport Alaska
natural gas from Canada to markets in the contiguous United States
may be made in accordance with the Natural Gas Act (15 U.S.C. 717a
et seq.).
(2) Expansion.--To the extent that a pipeline facility
described in paragraph (1) includes the expansion of any facility
constructed in accordance with the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719 et seq.), that Act shall
continue to apply.
(g) Study of In-State Needs.--The holder of the certificate of
public convenience and necessity issued, modified, or amended by the
Commission for an Alaska natural gas transportation project shall
demonstrate that the holder has conducted a study of Alaska in-State
needs, including tie-in points along the Alaska natural gas
transportation project for in-State access.
(h) Alaska Royalty Gas.--
(1) In general.--Except as provided in paragraph (2), the
Commission, on a request by the State and after a hearing, may
provide for reasonable access to the Alaska natural gas
transportation project by the State (or State designee) for the
transportation of royalty gas of the State for the purpose of
meeting local consumption needs within the State.
(2) Exception.--The rates of shippers of subscribed capacity on
an Alaska natural gas transportation project described in paragraph
(1), as in effect as of the date on which access under that
paragraph is granted, shall not be increased as a result of such
access.
(i) Regulations.--The Commission may issue such regulations as are
necessary to carry out this section.

54e564b48fcf9e875a312c8ea46edef028a93b5d76710277d7f745e3c7cf6ce8

(a) Compliance With NEPA.--The issuance of a certificate of public
convenience and necessity authorizing the construction and operation of
any Alaska natural gas transportation project under section 103 shall
be treated as a major Federal action significantly affecting the
quality of the human environment within the meaning of section
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)).
(b) Designation of Lead Agency.--
(1) In general.--The Commission--
(A) shall be the lead agency for purposes of complying with
the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.); and
(B) shall be responsible for preparing the environmental
impact statement required by section 102(2)(c) of that Act (42
U.S.C. 4332(2)(c)) with respect to an Alaska natural gas
transportation project under section 103.
(2) Consolidation of statements.--In carrying out paragraph
(1), the Commission shall prepare a single environmental impact
statement, which shall consolidate the environmental reviews of all
Federal agencies considering any aspect of the Alaska natural gas
transportation project covered by the environmental impact
statement.
(c) Other Agencies.--
(1) In general.--Each Federal agency considering an aspect of
the construction and operation of an Alaska natural gas
transportation project under section 103 shall--
(A) cooperate with the Commission; and
(B) comply with deadlines established by the Commission in
the preparation of the environmental impact statement under
this section.
(2) Satisfaction of nepa requirements.--The environmental
impact statement prepared under this section shall be adopted by
each Federal agency described in paragraph (1) in satisfaction of
the responsibilities of the Federal agency under section 102(2)(C)
of the National Environmental Policy Act of 1969 (42 U.S.C.
4332(2)(C)) with respect to the Alaska natural gas transportation
project covered by the environmental impact statement.
(d) Expedited Process.--The Commission shall--
(1) not later than 1 year after the Commission determines that
the application under section 103 with respect to an Alaska natural
gas transportation project is complete, issue a draft environmental
impact statement under this section; and
(2) not later than 180 days after the date of issuance of the
draft environmental impact statement, issue a final environmental
impact statement, unless the Commission for good cause determines
that additional time is needed.

b19c9a631db0cd76110d70ee6e29947a4b34e52c47d4763e140d92aca8add70b

(a) Authority.--With respect to any Alaska natural gas
transportation project, on a request by 1 or more persons and after
giving notice and an opportunity for a hearing, the Commission may
order the expansion of the Alaska natural gas project if the Commission
determines that such an expansion is required by the present and future
public convenience and necessity.
(b) Responsibilities of Commission.--Before ordering an expansion
under subsection (a), the Commission shall--
(1) approve or establish rates for the expansion service that
are designed to ensure the recovery, on an incremental or rolled-in
basis, of the cost associated with the expansion (including a
reasonable rate of return on investment);
(2) ensure that the rates do not require existing shippers on
the Alaska natural gas transportation project to subsidize
expansion shippers;
(3) find that a proposed shipper will comply with, and the
proposed expansion and the expansion of service will be undertaken
and implemented based on, terms and conditions consistent with the
tariff of the Alaska natural gas transportation project in effect
as of the date of the expansion;
(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.

34d9ddfdf641858a97ff542f38a43ae85d367d4cd4e51770f6af393b9a3f4c0b

(a) Establishment.--There is established, as an independent office
in the executive branch, the Office of the Federal Coordinator for
Alaska Natural Gas Transportation Projects.
(b) Federal Coordinator.--
(1) Appointment.--The Office shall be headed by a Federal
Coordinator for Alaska Natural Gas Transportation Projects, who
shall be appointed by the President, by and with the advice and
consent of the Senate, to serve a term to last until 1 year
following the completion of the project referred to in section 103.
(2) Compensation.--The Federal Coordinator shall be compensated
at the rate prescribed for level III of the Executive Schedule (5
U.S.C. 5314).
(c) Duties.--The Federal Coordinator shall be responsible for--
(1) coordinating the expeditious discharge of all activities by
Federal agencies with respect to an Alaska natural gas
transportation project; and
(2) ensuring the compliance of Federal agencies with the
provisions of this division.
(d) Reviews and Actions of Other Federal Agencies.--
(1) Expedited reviews and actions.--All reviews conducted and
actions taken by any Federal agency relating to an Alaska natural
gas transportation project authorized under this section shall be
expedited, in a manner consistent with completion of the necessary
reviews and approvals by the deadlines under this division.
(2) Prohibition of certain terms and conditions.--No Federal
agency may include in any certificate, right-of-way, permit, lease,
or other authorization issued to an Alaska natural gas
transportation project any term or condition that may be permitted,
but is not required, by any applicable law if the Federal
Coordinator determines that the term or condition would prevent or
impair in any significant respect the expeditious construction and
operation, or an expansion, of the Alaska natural gas
transportation project.
(3) Prohibition of certain actions.--Unless required by law, no
Federal agency shall add to, amend, or abrogate any certificate,
right-of-way, permit, lease, or other authorization issued to an
Alaska natural gas transportation project if the Federal
Coordinator determines that the action would prevent or impair in
any significant respect the expeditious construction and operation,
or an expansion, of the Alaska natural gas transportation project.
(4) Limitation.--The Federal Coordinator shall not have
authority to--
(A) override--
(i) the implementation or enforcement of regulations
issued by the Commission under section 103; or
(ii) an order by the Commission to expand the project
under section 105; or
(B) impose any terms, conditions, or requirements in
addition to those imposed by the Commission or any agency with
respect to construction and operation, or an expansion of, the
project.
(e) State Coordination.--
(1) In general.--The Federal Coordinator and the State shall
enter into a joint surveillance and monitoring agreement similar to
the agreement in effect during construction of the Trans-Alaska
Pipeline, to be approved by the President and the Governor of the
State, for the purpose of monitoring the construction of the Alaska
natural gas transportation project.
(2) Primary responsibility.--With respect to an Alaska natural
gas transportation project--
(A) the Federal Government shall have primary surveillance
and monitoring responsibility in areas where the Alaska natural
gas transportation project crosses Federal land or private
land; and
(B) the State government shall have primary surveillance
and monitoring responsibility in areas where the Alaska natural
gas transportation project crosses State land.
(f) Transfer of Federal Inspector Functions and Authority.--On
appointment of the Federal Coordinator by the President, all of the
functions and authority of the Office of Federal Inspector of
Construction for the Alaska Natural Gas Transportation System vested in
the Secretary under section 3012(b) of the Energy Policy Act of 1992
(15 U.S.C. 719e note; Public Law 102-486), including all functions and
authority described and enumerated in the Reorganization Plan No. 1 of
1979 (44 Fed. Reg. 33663), Executive Order No. 12142 of June 21, 1979
(44 Fed. Reg. 36927), and section 5 of the President's decision, shall
be transferred to the Federal Coordinator.
(g) Temporary Authority.--The functions, authorities, duties, and
responsibilities of the Federal Coordinator shall be vested in the
Secretary until the later of the appointment of the Federal Coordinator
by the President, or 18 months after the date of enactment of this Act.

eb2660658c35203c019571aa289712da579c8849850854a20c0d8daafa9012c8

(a) Exclusive Jurisdiction.--Except for review by the Supreme Court
on writ of certiorari, the United States Court of Appeals for the
District of Columbia Circuit shall have original and exclusive
jurisdiction to determine--
(1) the validity of any final order or action (including a
failure to act) of any Federal agency or officer under this
division;
(2) the constitutionality of any provision of this division, or
any decision made or action taken under this division; or
(3) the adequacy of any environmental impact statement prepared
under the National Environmental Policy Act of 1969 (42 U.S.C. 4321
et seq.) with respect to any action under this division.
(b) Deadline for Filing Claim.--A claim arising under this division
may be brought not later than 60 days after the date of the decision or
action giving rise to the claim.
(c) Expedited Consideration.--The United States Court of Appeals
for the District of Columbia Circuit shall set any action brought under
subsection (a) for expedited consideration, taking into account the
national interest of enhancing national energy security by providing
access to the significant gas reserves in Alaska needed to meet the
anticipated demand for natural gas.
(d) Amendment of the Alaska Natural Gas Transportation Act of
1976.--Section 10(c) of the Alaska Natural Gas Transportation Act of
1976 (15 U.S.C. 719h) is amended--
(1) by striking ``(c)(1) A claim'' and inserting the following:
``(c) Jurisdiction.--
``(1) Special courts.--
``(A) In general.--A claim'';
(2) by striking ``Such court shall have'' and inserting the
following:
``(B) Exclusive jurisdiction.--The Special Court shall
have'';
(3) by inserting after paragraph (1) the following:
``(2) Expedited consideration.--The Special Court shall set any
action brought under this section for expedited consideration,
taking into account the national interest described in section
2.''; and
(4) in paragraph (3), by striking ``(3) The enactment'' and
inserting the following:
``(3) Environmental impact statements.--The enactment''.

d96c5aa5760deb9032ab79a726e085bd2d3d2ed0e929b4f98c37e8ce745faf01

(a) Local Distribution.--Any facility receiving natural gas from an
Alaska natural gas transportation project for delivery to consumers
within the State--
(1) shall be deemed to be a local distribution facility within
the meaning of section 1(b) of the Natural Gas Act (15 U.S.C.
717(b)); and
(2) shall not be subject to the jurisdiction of the Commission.
(b) Additional Pipelines.--Except as provided in section 103(d),
nothing in this division shall preclude or otherwise affect a future
natural gas pipeline that may be constructed to deliver natural gas to
Fairbanks, Anchorage, Matanuska-Susitna Valley, or the Kenai peninsula
or Valdez or any other site in the State for consumption within or
distribution outside the State.
(c) Rate Coordination.--
(1) In general.--In accordance with the Natural Gas Act (15
U.S.C. 717a et seq.), the Commission shall establish rates for the
transportation of natural gas on any Alaska natural gas
transportation project.
(2) Consultation.--In carrying out paragraph (1), the
Commission, in accordance with section 17(b) of the Natural Gas Act
(15 U.S.C. 717p(b)), shall consult with the State regarding rates
(including rate settlements) applicable to natural gas transported
on and delivered from the Alaska natural gas transportation project
for use within the State.

1c68ebddd85f5cc04dfe50bffd373be7f412a287b9ee0e47910c6e2b18274b58

(a) Requirement of Study.--If no application for the issuance of a
certificate or amended certificate of public convenience and necessity
authorizing the construction and operation of an Alaska natural gas
transportation project has been filed with the Commission by the date
that is 18 months after the date of enactment of this Act, the
Secretary shall conduct a study of alternative approaches to the
construction and operation of such an Alaska natural gas transportation
project.
(b) Scope of Study.--The study under subsection (a) shall take into
consideration the feasibility of--
(1) establishing a Federal Government corporation to construct
an Alaska natural gas transportation project; and
(2) securing alternative means of providing Federal financing
and ownership (including alternative combinations of Government and
private corporate ownership) of the Alaska natural gas
transportation project.
(c) Consultation.--In conducting the study under subsection (a),
the Secretary shall consult with the Secretary of the Treasury and the
Secretary of the Army (acting through the Chief of Engineers).
(d) Report.--On completion of any study under subsection (a), the
Secretary shall submit to Congress a report that describes--
(1) the results of the study; and
(2) any recommendations of the Secretary (including proposals
for legislation to implement the recommendations).

203dbf7c4b2c3c3319114d3cd170e09c5077cbaf91cac0a65d518f883c8b8821

(a) Savings Clause.--Nothing in this division affects--
(1) any decision, certificate, permit, right-of-way, lease, or
other authorization issued under section 9 of the Alaska Natural
Gas Transportation Act of 1976 (15 U.S.C. 719g); or
(2) any Presidential finding or waiver issued in accordance
with that Act.
(b) Clarification of Authority to Amend Terms and Conditions to
Meet Current Project Requirements.--Any Federal agency responsible for
granting or issuing any certificate, permit, right-of-way, lease, or
other authorization under section 9 of the Alaska Natural Gas
Transportation Act of 1976 (15 U.S.C. 719g) may add to, amend, or
rescind any term or condition included 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.

9340876ad3283a12555c8ab2ed3ba0103fa3c6546349ac1e9e5844dfefcb0ece

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.

dfd2de31b8771c3a15ee660dbe0ed479cff5258a87c619148549216bbfaf3d8e

BUSINESS CONCERNS.
(a) Definition of Small Business Concern.--In this section, the
term ``small business concern'' has the meaning given the term in
section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
(b) Sense of Congress.--It is the sense of Congress that--
(1) an Alaska natural gas transportation project would provide
significant economic benefits to the United States and Canada; and
(2) to maximize those benefits, the sponsors of the Alaska
natural gas transportation project should maximize the
participation of small business concerns in contracts and
subcontracts awarded in carrying out the project.
(c) Study.--
(1) In general.--The Comptroller General of the United States
shall conduct a study to determine the extent to which small
business concerns participate in the construction of oil and gas
pipelines in the United States.
(2) Report.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall submit to Congress a
report that describes results of the study under paragraph (1).
(3) Updates.--The Comptroller General shall--
(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.

f17032e2ca482e54537eec0f351bb29b55f39b6871a5ac645c93a5a3527d8f45

(a) Program.--
(1) Establishment.--The Secretary of Labor (in this section
referred to as the ``Secretary'') shall make grants to the Alaska
Workforce Investment Board--
(A) to recruit and train adult and dislocated workers in
Alaska, including Alaska Natives, in the skills required to
construct and operate an Alaska gas pipeline system; and
(B) for the design and construction of a training facility
to be located in Fairbanks, Alaska, to support an Alaska gas
pipeline training program.
(2) Coordination with existing programs.--The training program
established with the grants authorized under paragraph (1) shall be
consistent with the vision and goals set forth in the State of
Alaska Unified Plan, as developed pursuant to the Workforce
Investment Act of 1998 (29 U.S.C. 2801 et seq.).
(b) Requirements for Grants.--The Secretary shall make a grant
under subsection (a) only if--
(1) the Governor of the State of Alaska requests the grant
funds and certifies in writing to the Secretary that there is a
reasonable expectation that the construction of the Alaska natural
gas pipeline system will commence by the date that is 2 years after
the date of the certification; and
(2) the Secretary of Energy concurs in writing to the Secretary
with the certification made under paragraph (1) after considering--
(A) the status of necessary Federal and State permits;
(B) the availability of financing for the Alaska natural
gas pipeline project; and
(C) other relevant factors.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary to carry out this section $20,000,000.
Not more than 15 percent of the funds may be used for the facility
described in subsection (a)(1)(B).

eb0039e1059a4b992f59daaeab781a1150b7193c90c7bfdad48a270d4497268a

It is the sense of Congress that--
(1) North American demand for natural gas will increase
dramatically over the course of the next several decades;
(2) both the Alaska Natural Gas Pipeline and the Mackenzie
Delta Natural Gas project in Canada will be necessary to help meet
the increased demand for natural gas in North America;
(3) Federal and State officials should work together with
officials in Canada to ensure both projects can move forward in a
mutually beneficial fashion;
(4) Federal and State officials should acknowledge that the
smaller scope, fewer permitting requirements, and lower cost of the
Mackenzie Delta project means it will most likely be completed
before the Alaska Natural Gas Pipeline;
(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.

e04d7c5eb92da3050ea000983a445a736c9bbf4cbc0cd510e629fd40e87a7a86

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.

cf0e3bf8e9b08b61346a8cb872e26da73a52f4639d07fb1ee36e0f6c97c7b1ae

(a) Authority.--(1) The Secretary may enter into agreements with 1
or more holders of a certificate of public convenience and necessity
issued under section 103(b) of this division or section 9 of the Alaska
Natural Gas Transportation Act of 1976 (15 U.S.C. 719g) to issue
Federal guarantee instruments with respect to loans and other debt
obligations for a qualified infrastructure project.
(2) Subject to the requirements of this section, the Secretary may
also enter into agreements with 1 or more owners of the Canadian
portion of a qualified infrastructure project to issue Federal
guarantee instruments with respect to loans and other debt obligations
for a qualified infrastructure project as though such owner were a
holder described in paragraph (1).
(3) The authority of the Secretary to issue Federal guarantee
instruments under this section for a qualified infrastructure project
shall expire on the date that is 2 years after the date on which the
final certificate of public convenience and necessity (including any
Canadian certificates of public convenience and necessity) is issued
for the project. A final certificate shall be considered to have been
issued when all certificates of public convenience and necessity have
been issued that are required for the initial transportation of
commercially economic quantities of natural gas from Alaska to the
continental United States.
(b) Conditions.--(1) The Secretary may issue a Federal guarantee
instrument for a qualified infrastructure project only after a
certificate of public convenience and necessity under section 103(b) of
this division or an amended certificate under section 9 of the Alaska
Natural Gas Transportation Act of 1976 (15 U.S.C. 719g) has been issued
for the project.
(2) The Secretary may issue a Federal guarantee instrument under
this section for a qualified infrastructure project only if the loan or
other debt obligation guaranteed by the instrument has been issued by
an eligible lender.
(3) The Secretary shall not require as a condition of issuing a
Federal guarantee instrument under this section any contractual
commitment or other form of credit support of the sponsors (other than
equity contribution commitments and completion guarantees), or any
throughput or other guarantee from prospective shippers greater than
such guarantees as shall be required by the project owners.
(c) Limitations on Amounts.--(1) The amount of loans and other debt
obligations guaranteed under this section for a qualified
infrastructure project shall not exceed 80 percent of the total capital
costs of the project, including interest during construction.
(2) The principal amount of loans and other debt obligations
guaranteed under this section shall not exceed, in the aggregate,
$18,000,000,000, which amount shall be indexed for United States dollar
inflation from the date of enactment of this Act, as measured by the
Consumer Price Index.
(d) Loan Terms and Fees.--(1) The Secretary may issue Federal
guarantee instruments under this section that take into account
repayment profiles and grace periods justified by project cash flows
and project-specific considerations. The term of any loan guaranteed
under this section shall not exceed 30 years.
(2) An eligible lender may assess and collect from the borrower
such other fees and costs associated with the application and
origination of the loan or other debt obligation as are reasonable and
customary for a project finance transaction in the oil and gas sector.
(e) Regulations.--The Secretary may issue regulations to carry out
this section.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to cover the cost of loan
guarantees under this section, as defined by section 502(5) of the
Federal Credit Reform Act of 1990 (2 U.S.C. 661a(5)). Such sums shall
remain available until expended.
(g) Definitions.--In this section:
(1) Consumer price index.--The term ``Consumer Price Index''
means the Consumer Price Index for all-urban consumers, United
States city average, as published by the Bureau of Labor
Statistics, or if such index shall cease to be published, any
successor index or reasonable substitute thereof.
(2) Eligible lender.--The term ``eligible lender'' means any
non-Federal qualified institutional buyer (as defined by section
230.144A(a) of title 17, Code of Federal Regulations (or any
successor regulation), known as Rule 144A(a) of the Securities and
Exchange Commission and issued under the Securities Act of 1933),
including--
(A) a qualified retirement plan (as defined in section
4974(c) of the Internal Revenue Code of 1986 (26 U.S.C.
4974(c)) that is a qualified institutional buyer; and
(B) a governmental plan (as defined in section 414(d) of
the Internal Revenue Code of 1986 (26 U.S.C. 414(d)) that is a
qualified institutional buyer.
(3) Federal guarantee instrument.--The term ``Federal guarantee
instrument'' means any guarantee or other pledge by the Secretary
to pledge the full faith and credit of the United States to pay all
of the principal and interest on any loan or other debt obligation
entered into by a holder of a certificate of public convenience and
necessity.
(4) Qualified infrastructure project.--The term ``qualified
infrastructure project'' means an Alaskan natural gas
transportation project consisting of the design, engineering,
finance, construction, and completion of pipelines and related
transportation and production systems (including gas treatment
plants), and appurtenances thereto, that are used to transport
natural gas from the Alaska North Slope to the continental United
States.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

c57b8b4f440a21873004c609b6d63f3f81b798e220ef37f34772dc073dd9aee7

Appropriations bill FY2005, Military Construction

Other Sections

DIVISION A

DIVISION B

DIVISION C

Want the full experience?