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Public Law No: 108-324 (10/13/2004)

(This measure has not been amended since the Conference Report was filed in the House on October 9, 2004. The summary of that version is repeated here.)

Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005 - Division A: Military Construction Appropriations Act, 2005 - Military Construction Appropriations Act, 2005 - Appropriates funds for FY 2005 for military construction, family housing, and base realignment and closure functions administered by the Department of Defense (DOD), namely: (1) military construction for the Army, Navy and Marine Corps, Air Force, DOD, the Army and Air National Guards, and the Army, Naval, and Air Force reserves; (2) the North Atlantic Treaty Organization (NATO) Security Investment Program; (3) family housing and operation and maintenance for the Army, Navy, Marine Corps, and Air Force; (4) family housing construction and operation and maintenance, defense-wide; (5) the Department of Defense Family Housing Improvement Fund; (6) chemical demilitarization construction, defense-wide; and (7) the Department of Defense Base Closure Account 1990.

Specifies restrictions and authorizations regarding the use of funds appropriated in this Act and in other military construction appropriations Acts.

(Sec. 113) Directs the Secretary of Defense (Secretary) to notify the appropriate congressional committees 30 days in advance of the plans and scope of any military exercise involving U.S. personnel if construction costs are anticipated to exceed $100,000.

(Sec. 118) Directs the Secretary to report to the congressional appropriations committees on actions proposed by DOD to encourage other member nations of NATO, Japan, Korea, and other U.S. allies bordering the Arabian Sea to assume a greater share of the common defense burden of such nations and the United States.

(Sec. 121) Prohibits this Act's funds from being obligated for Partnership for Peace programs in the new independent states of the former Soviet Union.

(Sec. 122) Requires the Secretary of the military department concerned, at least 60 days prior to issuing any solicitation for a contract with the private sector for military family housing, to notify the defense and appropriations committees of any guarantee (including the making of mortgage or rental payments) proposed to be made to the private party in the event of: (1) the closure or realignment of the installation for which housing is provided; (2) a reduction in force of units stationed at such installation; or (3) the extended deployment overseas of units stationed at such installation.

(Sec. 123) Authorizes the transfer of DOD funds for expenses associated with the Homeowners Assistance Program under the Demonstration Cities and Metropolitan Development Act of 1996.

(Sec. 126) Prohibits any funds made available in this Act for the North Atlantic Treaty Organization Security Investment Program from being obligated or expended for missile defense studies.

(Sec. 127) Extends until August 15, 2005 (currently, December 31, 2004), the due date for a findings report from the Commission on the Review of the Overseas Military Structure of the United States to the President and Congress.

(Sec. 128) Requires the Secretary or any other DOD official, when requested by either Military Construction Subcommittee of the Committees on Appropriations to respond to a question or inquiry pursuant to a subcommittee hearing or other authorized activity, to respond to such request within 21 days.

(Sec. 130) Designates the fitness center at Homestead Air Reserve Base, Florida, as the Sam Johnson Fitness Center.

(Sec. 131) Directs the Secretary of the Army, upon determining that any portion of certain real property at Fort Hunter Liggett, California, is excess to the needs of the Army, to first offer such property to the Secretary of Agriculture for inclusion in the National Forest System. Requires the Secretary of the Army to perform any necessary environmental remediation with respect to the property before such transfer.

(Sec. 132) Mandates that all reports and notifications required under this Division be submitted to the Military Construction Subcommittee of the Committee on Appropriations of each House of Congress.

Division B: Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act, 2005 - Emergency Supplemental Appropriations for Hurricane Disasters Assistance Act, 2005 - Chapter 1: Department of Agriculture - Makes FY 2005 emergency supplemental appropriations to the Department of Agriculture for additional natural disaster assistance for: (1) the Emergency Conservation Program of the Farm Service Agency; (2) the Emergency Watershed Protection Program of the Natural Resources Conservation Service; (3) the Rural Community Advancement Program; (4) the Rural Housing Insurance Fund Program Account; and (5) Rural Housing Assistance Grants.

General Provisions: This Chapter - (Sec. 101) Requires the Secretary of Agriculture, under specified conditions, to use Commodity Credit Corporation (CCC) funds to make such financial emergency financial assistance 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 year listed, due to damaging weather or related condition.

Limits qualifying crop losses for 2005 to only those losses caused by a hurricane or tropical storm of the 2004 hurricane season in counties presidentially declared disaster areas. Earmarks funds for crop losses in Virginia, and for fruit and vegetables losses in North Carolina resulting from hurricanes, tropical storms, and other weather related disasters that occurred during calendar year 2003.

Disqualifies farm producers for such assistance with respect to losses if the producers: (1) did not obtain a policy or plan of insurance for an insurable commodity under the Federal Crop Insurance Act; (2) did not file the required paperwork and pay the administrative fee by the applicable State filing deadline for a noninsurable commodity under the Federal Agriculture Improvement and Reform Act of 1996; (3) had adjusted gross incomes greater than $2.50 million in 2003; or (4) were not in compliance with highly erodible land conservation and wetland conservation provisions.

Waives such disqualification if the producers enter into a contract with the Secretary agreeing to either: (1) obtain a plan of insurance providing additional coverage for the insurable commodity for each of the next two crops; or (2) file the required paperwork and pay the administrative fee by the applicable State filing deadline for the noninsurable commodity for each of the next two crops.

Requires a producer who violates the contract to reimburse the Secretary of the full amount of such assistance received under this Act. Limits the amount of assistance to 95 percent of what the value of the crop would have been without the losses.

Makes persons that received certain payments with respect to 2004 hurricane crop losses ineligible for assistance under this Act.

Directs the Secretary to use CCC funds to make and administer payments for livestock losses to producers for 2003 or 2004 (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. Requires an amount of such assistance determined by the Secretary to be made available for the American Indian livestock program under the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001.

Provides that, in determining eligibility for or the 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.

Requires the Secretary to use CCC funds to provide: (1) tree assistance under the Farm Security and Rural Investment Act of 2002 to producers who suffered tree losses between December 1, 2003, and December 31, 2004; and (2) an additional $15 million to reimburse for tree losses eligible forest land owners who produce periodic crops of timber from trees for commercial purposes.

Makes persons that received certain payments with respect to 2004 hurricane crop losses ineligible for assistance under this Act.

Requires the Secretary to use an additional $50 million of CCC funds to provide assistance under the Emergency Conservation Program under the Agriculture Credit Act of 1978.

Amends the Food Security Act of 1985 to limit the amount of CCC funds the Secretary may use for the conservation security program to $6.37 billion for FY 2005 through 2014. Prohibits budget scoring of any savings from such limitation until FY 2008.

(Sec. 102) Requires the Secretary to use $40 million to compensate first processors and producers in 2004 hurricane disaster counties for crop and other weather-related losses, to be calculated and paid on the basis of losses on 40 acre harvesting units, on the same terms and conditions, to the extent practicable, as the payments made under the Agricultural Assistance Act of 2003 (Public Law 108-7). Earmarks specified portions of such funds to make payments to: (1) processors in Florida eligible to obtain a loan under the Federal Agriculture Improvement and Reform Act of 1996; and (2) Hawaii for assistance to a Hawaiian agricultural transportation cooperative (the members of which are eligible to participate in the Farm Service Agency-administered Commodity Loan Program).

(Sec. 103) Requires the Secretary to use $10 million to: (1) make payments to dairy producers for dairy production and spoilage losses in 2004 hurricane disaster counties; and (2) provide assistance to producers and first handlers of the 2004 crop of cottonseed located in such counties.

(Sec. 105) Requires the Secretary to use CCC funds (as emergency requirements), facilities, and authorities to carry out Sections 101, 102, 103, 104, 108, 109, 110, and 111 of this chapter.

(Sec. 106) Deems the communities in Burlington and Camden Counties in New Jersey, affected by the July 12, 2004, flood, to be rural areas during FY 2005 for purposes of the Consolidated Farm and Rural Development Act, and of the direct and guaranteed loan programs under the Housing Act of 1949 and the grant programs under such Act. Makes any limitations under such Acts that are based on the income of families inapplicable during FY 2005 with respect to them or to businesses or families residing in them.

(Sec. 107) Requires the Secretary to provide financial and technical assistance to repair, and if necessary, replace Hope Mills Dam, Cumberland County, North Carolina, in accordance with the dam safety standards of the State of North Carolina. Earmarks for this purpose certain funds provided in this chapter for the Emergency Watershed Protection program of the Natural Resources Conservation Service.

(Sec. 108) Requires the Secretary to provide $90 million to a specified fund established to encourage exportation and domestic consumption of agricultural products to make payments with respect to 2004 hurricane losses.

(Sec. 109) Authorizes the Secretary, acting through the Farm Service Agency, to use not more than $4 million to cover administrative expenses associated with the implementation of sections 101 and 102 of this chapter.

(Sec. 110) Makes available to the Secretary in addition to amounts provided for the tree assistance program: (1) $10 million for assistance to eligible private forest landowners owning not more than 5,000 acres of forest crop in disaster counties for the purposes of debris removal, replanting of timber, and other such purposes; and (2) $8.50 million for tree assistance to pecan producers in disaster counties who suffered tree loss or weather damage related to the 2004 hurricane season to cover costs associated with pruning, rehabilitating, and other appropriate activities.

Chapter 2 - Makes FY 2005 emergency supplemental appropriations for additional natural disaster assistance to: (1) the Department of Justice for the Federal Prison System for salaries and expenses and for buildings and facilities; (2) the Department of Commerce for the National Oceanic and Atmospheric Administration (NOAA) for operations, research, facilities, procurement, acquisition, and construction; and (3) the Small Business Administration (SBA) for the Disaster Loans Program Account.

Requires such NOAA and SBA appropriations to be designated as emergency requirements.

Chapter 3: Department of Defense - Military - Makes FY 2005 emergency supplemental appropriations to the Department of Defense for additional natural disaster assistance for operation and maintenance, including transfer of funds, for: (1) the Army; (2) the Navy; (3) the Marine Corps; (4) the Air Force; (5) Defense-Wide; (6) the Army Reserve; (7) the Navy Reserve; (8) the Air Force Reserve; (9) the Army National Guard; (10) the Air National Guard; (11) procurement, Defense-Wide; (12) Defense Working Capital Funds; and (13) the Defense Health Program.

Appropriates funds for Other Procurement, Air Force.

(Sec. 301) Makes appropriations provided in this chapter available for obligations through FY 2005, unless otherwise so provided.

(Sec. 302) Deems any funds appropriated in this Act, or made available under it by a transfer of funds, for intelligence activities to be specifically authorized by Congress for purposes of the National Security Act of 1947.

(Sec. 303) Prohibits the use of funds provided in this chapter, unless specifically enumerated elsewhere in this chapter, to finance programs or activities denied by Congress in FY 2004 and 2005 defense appropriations, or to initiate a procurement or research, development, test and evaluation new start program without prior notification to the congressional defense committees.

(Sec. 304) Amends the Department of Defense Appropriations Act, 2005 (Public Law 108-287) to prohibit the use of funds appropriated by the Act to initiate a special access program without prior notification 30 calendar days in advance (currently, in session in advance) to the congressional defense committees.

(Sec. 305) Authorizes the Secretary of Defense, if necessary in the national interest to address emergency hurricane and other natural disaster-related expenses, to transfer between appropriations up to $200 million of the funds made available in this chapter.

(Sec. 307) Makes technical adjustments to funds previously made available in the Act with respect to: (1) restrictions on the purchase of armored passenger vehicles; and (2) transfer of such funds between specified appropriations headings.

Applies to the additional period between June 29, 2003, and August 4, 2004, the Secretary of Defense's authority under the Department of Defense Appropriations Act, 2005 to present promotional materials, including a U.S. flag, to any member of an Active or Reserve component under the Secretary's jurisdiction who participates in Operation Enduring Freedom or Operation Iraqi Freedom.

(Sec. 308) Amends the Department of Defense Appropriations Act, 2005 to: (1) increase from $300 million to $500 million the maximum amount of funds made available to fund the Commander's Emergency Response Program, enabling military commanders in Iraq to assist the Iraqi people immediately with urgent humanitarian relief and reconstruction requirements, and to fund a similar program for the people of Afghanistan; and (2) rename the New Iraqi Army as the Iraqi Armed Forces (IAF), for purposes of certain funds earmarked for training, equipment, and related assistance to enhance the capability of the IAF and the Afghanistan Army to combat terrorism and to improve their military operations.

Chapter 4: Department of Defense - Civil - Department of the Army - Makes FY 2005 emergency supplemental appropriations to the Corps of Engineers - Civil for: (1) "General Investigations" for emergency expenses for the update of studies necessitated by storm damage to shore protection projects; (2) "Construction General" for emergency expenses for repair of storm damage for authorized shore protection projects and assessment of their performance; (3) "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; (4) "Operation and Maintenance, General" for repair of storm damage to authorized projects; and (5) "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.

(Sec. 401) Appropriates funds for FY 2005 to: (1) the Secretary of Interior, acting through the Commissioner of the Bureau of Reclamation, for the Southern Nevada Water Authority for modification of the water intake at Lake Meade in order to address drought conditions in Nevada; and (2) the Secretary of the Army, acting through the Chief of Engineers, to repair, restore, and cleanup Corps projects and facilities, dredge navigation channels, restore and clean out area streams, provide emergency streambank protection, restore other crucial public infrastructure (including sewer and water facilities), document flood impacts, and undertake other flood recovery efforts deemed necessary and advisable by the Chief for federally declared disaster areas in West Virginia in order to address storm damage.

Chapter 5: Bilateral Economic Assistance Funds Appropriated to the President - Appropriates additional FY 2005 funds to the U.S. Agency for International Development for "International Disaster and Family Assistance" to respond to the disasters caused by hurricanes and tropical storms in the Caribbean region.

Chapter 6: Department of Homeland Security - Appropriates additional funds to the Department of Homeland Security for: (1) the U.S. Coast Guard for "Operating Expenses;" and (2) Emergency Preparedness and Response for "Disaster Relief."

Chapter 7: Department of the Interior and the Department of Agriculture - Appropriates additional funds to: (1) the Department of the Interior for the U.S. Fish and Wildlife Service for construction, the National Park Service for construction, and the U.S. Geological Survey for surveys, investigations, and research; and (2) the Department of Agriculture for the Forest Service for State and private forestry, the National Forest System, wildlife fire management, and capital improvement and maintenance.

Chapter 8: Department of Health and Human Services - Appropriates additional funds to the Department of Health and Human Services for the Public Health and Social Services Emergency Fund to support aging services, social services, and health services associated with natural disaster recovery and response efforts.

Chapter 9: Department of Defense - Appropriates additional funds to the Department of Defense for: (1) military construction for the Navy, Marine Corps, and Army Reserve, through FY 2007; and (2) family housing operation and maintenance of the Army, Navy, Marine Corps, and Air Force, and for the Base Realignment and Closure Account for emergency expenses resulting from natural disasters, all through FY 2005.

Chapter 10: Department of Transportation - Appropriates additional funds to the Department of Transportation (DOT) for the Federal Aviation Administration (FAA) for: (1) facilities and equipment for expenses resulting from the recent natural disasters in the southeastern United States; and (2) emergency capital costs to repair or replace public use facilities at public use airports listed in the FAA's National Plan of Integrated Airport Systems resulting from damage from hurricanes Charley, Frances, Ivan, and Jeanne.

Appropriates additional funds to DOT for the Federal Highway Administration for Emergency Relief Program emergency expenses resulting from 2004 Hurricanes Charley, Frances, Gaston, Ivan, and Jeanne.

Appropriates additional FY 2005 funds to the Executive Office of the President for unanticipated needs of the American Red Cross for reimbursement of disaster relief and recovery expenditures and emergency services associated with such Hurricanes, but only to the extent funds are not made available for such activities by other Federal sources.

Chapter 11 - Appropriates additional FY 2005 funds, for expenses related to recent natural disasters, to the Department of Veterans Affairs for the Veterans Health Administration for medical services, medical administration and medical facilities, general operating expenses, the National Cemetery Administration (for such disasters in the Southeast), for construction and minor projects (to remain available until expended).

Appropriates additional funds through FY 2007 to the Department of Housing and Urban Development for the Community Development Fund.

Appropriates additional funds to: (1) the Environmental Protection Agency (EPA) through FY 2006 for buildings and facilities; and (2) the National Aeronautics and Space Administration (NASA) for space flight capabilities to repair assets damaged and take other emergency measures due to the effects of hurricanes and other presidentially declared disasters.

General Provisions: This Chapter - (Sec.1101) Authorizes the Secretary of Veterans Affairs to transfer up to $125 million from funds made available in the unobligated balances of any funds appropriated under "Medical Services" for FY 2004 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 that such additional funds are necessary.

Chapter 12: General Provisions - This Act - (Sec. 1201) Prohibits any part of appropriations contained in this Act from remaining available for obligation beyond the current fiscal year unless expressly so provided herein.

Division C: Alaska Natural Gas Pipeline - Alaska Natural Gas Pipeline Act - (Sec. 103) Prescribes guidelines for Federal Energy Regulatory Commission (FERC) authorization of an Alaska natural gas transportation project following an expedited approval process (other than the Alaska natural gas transportation system).

Prohibits pipeline routes from any land within the Prudhoe Bay oil and gas area through land beneath navigable waters beneath, or the adjacent shoreline of, the Beaufort Sea and entering Canada at any point north of 68 degrees north latitude.

Directs FERC to issue regulations governing the conduct of open seasons for Alaska natural gas transportation projects (including procedures for the allocation of capacity).

Authorizes FERC, upon State request, to provide for reasonable access to the Alaska natural gas transportation project by the State for transportation of royalty gas of the State for the purpose of meeting local consumption needs within the State.

(Sec. 104) Declares that the issuance of a certificate of public convenience and necessity authorizing the construction and operation of any Alaska natural gas transportation project shall be treated as a major Federal action significantly affecting the quality of the human environment within the meaning of the National Environmental Policy Act of 1969 (NEPA). Makes FERC the lead agency responsible for NEPA compliance and the preparation of a environmental impact statement on the project consolidating the environmental reviews of all pertinent Federal agencies.

(Sec. 105) Authorizes FERC, upon request, to order the expansion of the project if it determines that such expansion is required by the present and future public convenience and necessity. Specifies requirements FERC must meet before ordering such an expansion.

(Sec. 106) Establishes the Office of the Federal Coordinator for Alaska Natural Gas Transportation Projects to: (1) coordinate the expeditious discharge of all Federal agency activities with respect to an Alaska natural gas transportation project; and (2) ensure Federal agency compliance.

Denies any Federal officer or agency authority to include terms and conditions that are permitted, but not required by law on any authorization issued to an Alaska natural gas transportation project, if the Federal Coordinator determines that such terms and conditions would prevent or impair the expeditious construction, operation, or expansion of the project.

Prohibits any Federal officer or agency from modifying or abrogating any authorization issued to an Alaska natural gas transportation project if the Federal Coordinator determines that such action would prevent or impair expeditious project construction, operation, or expansion.

Requires the Federal Coordinator and the State to 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. Places primary surveillance and monitoring responsibility in the Federal Government in areas where the Alaska natural gas transportation project crosses Federal land or private land, and in the State government where the project crosses State land.

Transfers all of the functions and authority of the Office of Federal Inspector of Construction for the Alaska Natural Gas Transportation System currently vested in the Secretary to the Federal Coordinator upon appointment by the President.

(Sec. 107) Grants the U.S. Court of Appeals for the District of Columbia original and exclusive jurisdiction for judicial review of final orders by any Federal agency or officer relating to the project.

(Sec. 108) Deems any facility receiving natural gas from the Alaska natural gas transportation project for delivery to consumers within Alaska to be a local distribution facility under the Natural Gas Act, thus not subject to FERC jurisdiction.

(Sec. 109) Directs the Secretary of Energy to study and report to Congress on alternative approaches to the construction and operation of an Alaska natural gas transportation project (including establishment of a Federal Government corporation to construct a project) if no application for construction and operation of an Alaska natural gas transportation project has been filed by a specified deadline.

(Sec. 111) Expresses 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 use steel manufactured in North America, negotiate a project labor agreement to expedite pipeline construction, and maximize small business participation in contracts and subcontracts awarded to implement the project.

(Sec. 112) Directs the Comptroller General to study and report to Congress on the extent to which small business concerns participate in the construction of oil and gas pipelines in the United States.

(Sec. 113) Authorizes the Secretary of Labor to award grants to the Alaska Workforce Investment Board to: (1) train adult and dislocated workers, including Alaska Natives, in the skills required to construct and operate an Alaska gas pipeline system; and (2) design and construct a facility in Fairbanks, Alaska, to support such a training program. Authorizes appropriations.

(Sec. 114) Expresses 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.

(Sec. 115) Expresses the sense of Congress that: (1) Alaska Native Regional Corporations, companies owned and operated by Alaskans, and individual Alaskans should have the opportunity to own shares of the Alaska natural gas pipeline in a way that promotes economic development for the State; and (2) to facilitate economic development in the State, all project sponsors should negotiate in good faith with any willing Alaskan person that desires to be involved in the project.

(Sec. 116) Cites conditions under which the Secretary of Energy may offer Federal loan guarantee instruments for up to 80 percent of the total capital costs of a qualified infrastructure project, including interest.

Defines qualified infrastructure project as 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 their appurtenances, that are used to transport natural gas from the Alaska North Slope to the continental United States.

Authorizes appropriations.