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(8) Communities throughout this region know the value of their Bleeding Kansas legacy, but require expansion of the existing cooperative framework to achieve key preservation, education, and other significant goals by working more closely together. (9) The State of Kansas officially recognized the national significance...
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(10) Territorial Kansas Heritage Alliance is a nonprofit corporation created for the purposes of preserving, interpreting, developing, promoting and, making available to the public the story and resources related to the story of Bleeding Kansas and the Enduring Struggle for Freedom.
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(11) Territorial Kansas Heritage Alliance has completed a study that— (A) describes in detail the role, operation, financing, and functions of Territorial Kansas Heritage Alliance, the management entity; and (B) provides adequate assurances that Territorial Kansas Heritage Alliance, the management entity, is likely to ...
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(12) There are at least 7 National Historic Landmarks, 32 National Register properties, 3 Kansas Register properties, and 7 properties listed on the National Underground Railroad Network to Freedom that contribute to the Heritage Area as well as other significant properties that have not been designated at this time. (...
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(14) In 2004, the State of Kansas is commemorating the Sesquicentennial of the signing of the Kansas-Nebraska Act, opening the territory to settlement. (b) Purposes The purposes of this Act are as follows: (1) To designate a region in eastern Kansas and western Missouri containing nationally important natural, histori...
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(2) To strengthen, complement, and support the Fort Scott, Brown v. Board of Education, Nicodemus and Tallgrass Prairie sites through the interpretation and conservation of the associated living landscapes outside of the boundaries of these units of the National Park System. (3) To describe the extent of Federal respon...
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(5) To authorize Federal financial and technical assistance to management entity to assist in the conservation and interpretation of the Heritage Area. (6) To empower communities and organizations in Kansas to preserve the special historic identity of Bleeding Kansas and with it the identity of the Nation. (7) To provi...
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(9) To provide a vehicle, particularly in the four counties with high out-migration of population, to recognize that self-reliance and resilience will be the keys to their economic future. (10) To build upon the Kansas rural development policy, the Kansas agritourism initiative and the new homestead act to recognize in...
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the stories and cultural resources of the region’s legacy that— (A) reflect the popular phrase Bleeding Kansas describing the conflict over slavery that became nationally prominent in Kansas just before and during the American Civil War; (B) reflect the commitment of American settlers who first fought and killed to uph...
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transportation, trade and business, and social and cultural patterns in urban and rural settings. (12) To interpret the effect of the era’s democratic ethos on the development of America’s distinctive political culture. 3. Definitions For the purposes of this Act: (1) Management entity The term management entity mean...
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(2) Heritage area The term Heritage Area means the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area in eastern Kansas and western Missouri. (3) Secretary The term Secretary means the Secretary of the Interior. (4) Unit of local government The term unit of local government means the govern...
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Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area (a) Establishment There is established in the State of Kansas the Bleeding Kansas and the Enduring Struggle for Freedom National Heritage Area.
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(b) Boundaries The Heritage Area shall include the following: (1) An area located in eastern Kansas and western Missouri, consisting currently of Allen, Anderson, Bourbon, Cherokee, Clay, Coffey, Crawford, Douglas, Franklin, Geary, Johnson, Labette, Leavenworth, Linn, Miami, Neosho, Pottawatomie, Riley, Shawnee, Wabau...
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(2) Contributing sites, buildings, and districts within the area will be recommended by the management plan. (c) Map Final boundary will be defined during the management plan development. A map of the Heritage Area shall be included in the management plan. The map shall be on file in the appropriate offices of the Nat...
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(d) Management entity The management entity for the Heritage Area shall be Territorial Kansas Heritage Alliance, a nonprofit organization established in the State of Kansas, recognized by the Secretary, in consultation with the chief executive officer of the State of Kansas, that agrees to perform the duties of a loca...
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interpretive exhibits and programs, historic preservation projects, and other activities recommended in the management plan for the Heritage Area; (3) pay for operational expenses of the management entity incurred within the first 10 fiscal years beginning after the date of the enactment of this Act designating the Her...
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(7) obtain money from any source under any program or law to be used for a regrant program requiring the recipient of such money to make a contribution in order to receive it; (8) contract for goods and services; and (9) offer a competitive grants program to contributing partners requiring a dollar-for-dollar match of ...
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including assisting units of government and other persons in— (A) encouraging economic viability in the Heritage Area in accordance with the goals of the management plan; (B) establishing interpretive exhibits in the Heritage Area; (C) increasing public awareness of and appreciation for the cultural, historical, and na...
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and (F) the installation throughout the Heritage Area of signs identifying public access points and sites of interest; (2) prepare and implement the management plan while considering the interests of diverse units of government, businesses, private property owners, and nonprofit groups within the Heritage Area; (3) con...
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(ii) expenses and income of the management entity; (iii) each entity to which a grant was made; and (iv) an accounting of matching funds obtained to meet grant guidelines; (B) conduct an annual audit with a neutral auditing firm and make available for audit by Congress, the Secretary, and appropriate units of governmen...
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(c) Prohibition of acquisition of real property The management entity shall not use Federal funds received under this Act to acquire real property or an interest in real property. (d) Other sources Nothing in this Act precludes the management entity from using Federal funds from other sources for authorized purposes....
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(2) Collaboration Collaborate with and consider the interests of diverse units of government, businesses, tourism officials, private property owners, and nonprofit groups within the geographic area of the Heritage Area in developing and implementing such a management plan. (3) Public involvement Ensure regular public...
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and Federal land use laws and compatible economic viability of the Heritage Area; (2) establish criteria or standards to measure what is selected for conservation, interpretation, funding, management, and development; (3) involve residents, public agencies, and private organizations working in the Heritage Area; (4) sp...
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and interpret the resources of the Heritage Area; (B) an inventory of the resources contained in the Heritage Area, including a list of any property in the Heritage Area that is related to the themes of the Heritage Area and that meets the establishing criteria (such as, but not exclusive to, visitor readiness) to meri...
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and natural resources of the Heritage Area in a manner consistent with supporting appropriate and compatible economic viability; (D) a program for implementation of the management plan by the designated management entity, in cooperation with its partners and units of local government; (E) evidence that relevant State, ...
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and functions of the management entity for each activity included in the recommendations contained in the management plan; and (ii) provides, to the satisfaction of the Secretary, adequate assurances that the management entity is likely to have the financial resources necessary to implement the management plan for the ...
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(d) Disqualification from funding If a proposed management plan is not submitted to the Secretary within 4 years of the date of the enactment of this Act, the management entity shall be ineligible to receive additional funding under this title until the date on which the Secretary receives the proposed management plan...
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(f) Action following disapproval If the Secretary disapproves a proposed management plan, the Secretary shall advise the management entity in writing of the reasons for the disapproval and shall make recommendations for revisions to the proposed management plan. The Secretary shall approve or disapprove a proposed rev...
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Technical and financial assistance; other Federal agencies (a) Technical and financial assistance (1) In general On the request of the management entity, the Secretary may provide technical and financial assistance for the development and implementation of the management plan. (2) Priority for assistance In providi...
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(3) Spending for non-Federal property The management entity may expend Federal funds made available under this Act on non-Federal property that— (A) meets the criteria in the approved management plan; or (B) is listed or eligible for listing on the National Register of Historic Places. (4) Other assistance The Secret...
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(b) Other Federal agencies Any Federal entity conducting or supporting an activity that directly affects the Heritage Area shall— (1) consider the potential effect of the activity on the purposes of the Heritage Area and the management plan; (2) consult with the management entity regarding the activity; and (3) to the...
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(d) Notification of other Federal activities The head of each Federal agency shall provide to the Secretary and the management entity, to the extent practicable, advance notice of all activities that may have an impact on the Heritage Area. 8. Private property protection (a) Access to private property Nothing in thi...
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(b) Liability Designation of the Heritage Area shall not be considered to create any liability, or to have any effect on any liability under any other law, of any private property owner with respect to any persons injured on such private property. (c) Recognition of authority to control land use Nothing in this Act s...
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(d) Participation of private property owners in heritage areas Nothing in this Act shall be construed to require the owner of any private property located within the boundaries of the Heritage Area to participate in or be associated with the Heritage Area. (e) Land use regulation (1) In general The management entity...
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(2) Effect Nothing in this Act— (A) affects the authority of the State or local governments to regulate under law any use of land; or (B) grants any power of zoning or land use to the management entity. (f) Private property (1) In general The management entity shall be an advocate for land management practices consi...
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(2) Effect Nothing in this Act— (A) abridges the rights of any person with regard to private property; (B) affects the authority of the State or local government regarding private property; or (C) imposes any additional burden on any property owner. 9. Requirements for inclusion of private property (a) Notification a...
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(b) Landowner withdraw Any owner of private property included within the boundary of the Heritage Area, and not notified under subsection (a), shall have their property immediately removed from the boundary by submitting a written request to the management entity. 10. Savings provisions (a) Rules, regulations, standa...
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(b) Water and water rights Nothing in this Act shall be construed to authorize or imply the reservation or appropriation of water or water rights. (c) No diminishment of state authority Nothing in this Act shall be construed to diminish the authority of the State to manage fish and wildlife, including the regulation ...
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Authorization of Appropriations (a) In general There is authorized to be appropriated to carry out this Act $10,000,000, of which not more than $1,000,000 may be authorized to be appropriated for any fiscal year. (b) Cost-sharing requirement The Federal share of the total cost of any activity assisted under this Act...
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1. Short title This Act may be cited as the Private Sector Preparedness Act of 2004. 2. Findings Congress finds the following: (1) Private sector organizations own 85 percent of the Nation’s infrastructure facilities and employ the vast majority of the Nation’s employees. The resources of these organizations, includi...
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Although there have been exemplary efforts by select private sector organizations, emergency preparedness is not generally a priority for these organizations. (3) The hearings of and testimony before the National Commission on Terrorist Attacks Upon the United States demonstrated that the lack of emergency preparedness...
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(4) Although there may be an interest in promoting emergency preparedness within private sector organizations, there remains uncertainty and confusion as to the definition of appropriate and adequate preparedness and what actions these organizations should take. (5) Identifying standards and best practices is necessary...
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is amended by adding at the end the following: 510. Private sector emergency preparedness program (a) Preparedness program Not later than 90 days after the date of enactment of this section, the Secretary shall develop and implement a program to enhance private sector preparedness for emergencies and disasters, inclu...
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including weapons of mass destruction; (3) managing necessary emergency preparedness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, as well as associated operational procedures; (6) developing and maintaining communications and war...
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(c) Standards (1) In general The Secretary shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for private sector emergency preparedness that will enable private sector organizations to achieve optimal levels of emergency preparedness as soon as pract...
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(2) Consultation The Secretary shall carry out paragraph (1) in consultation with the Under Secretary for Emergency Preparedness and Response, the Under Secretary for Science and Technology, the Under Secretary for Information Analysis and Infrastructure Protection, and the Special Assistant to the Secretary for the P...
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(d) Coordination The Secretary shall coordinate the program with, and utilize to the maximum extent practicable— (1) the voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association; and (2...
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Private sector emergency preparedness program. 510. Private sector emergency preparedness program (a) Preparedness program Not later than 90 days after the date of enactment of this section, the Secretary shall develop and implement a program to enhance private sector preparedness for emergencies and disasters, inclu...
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including weapons of mass destruction; (3) managing necessary emergency preparedness and response resources; (4) developing mutual aid agreements; (5) developing and maintaining emergency preparedness and response plans, as well as associated operational procedures; (6) developing and maintaining communications and war...
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(c) Standards (1) In general The Secretary shall support the development of, promulgate, and regularly update as necessary national voluntary consensus standards for private sector emergency preparedness that will enable private sector organizations to achieve optimal levels of emergency preparedness as soon as pract...
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(2) Consultation The Secretary shall carry out paragraph (1) in consultation with the Under Secretary for Emergency Preparedness and Response, the Under Secretary for Science and Technology, the Under Secretary for Information Analysis and Infrastructure Protection, and the Special Assistant to the Secretary for the P...
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(d) Coordination The Secretary shall coordinate the program with, and utilize to the maximum extent practicable— (1) the voluntary standards for disaster and emergency management and business continuity programs developed by the American National Standards Institute and the National Fire Protection Association; and (2...
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1. Short title This Act may be cited as the New Shipper Review Amendment Act of 2004. 2. Temporary suspension of new shipper bonding privileges Clause (iii) of section 751(a)(2)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1675(a)(2)(B)(iii) ) shall not be effective during the 3-year period beginning on the date of the e...
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the Commissioner of Customs, the Secretary of Commerce, and the United States Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report containing— (1) recommendations on whether the suspension of the effectiveness of section...
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including— (A) problems in assuring the collection of antidumping duties on imports from new shippers; (B) administrative burdens imposed on the Department of Commerce by new shipper reviews; and (C) the use of the bonding privilege by importers from new shippers to circumvent the effect of antidumping duty orders.
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1. Repeal of certain laws pertaining to the Virgin Islands (a) Repeal Sections 1 through 6 of the Act of May 26, 1936, (Chapter 450; 49 Stat. 1372–1373; 48 U.S.C. 1401–1401e ) are repealed. (b) Effective date This section shall be deemed to have taken effect on July 22, 1954.
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1. Protection of Coal Industry Health Benefits (a) Prohibition on termination or modification of benefits Section 9711(g) of the Internal Revenue Code of 1986 (relating to rules applicable to this part and part II) is amended by adding at the end the following: (3) Prohibition on termination and modification of benef...
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the benefits required to be provided by a last signatory operator under this chapter may not be terminated or modified by any court in a proceeding under title 11 of the United States Code or by agreement at any time when such operator is participating in such a proceeding. (b) Effective date The amendments made by th...
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1. Short title This Act may be cited as the National Health Museum Act of 2004. 2. Purpose The purpose of this Act is to provide for a site to be used for the construction and operation of a national health museum. 3. Definitions In this Act, the following definitions apply: (1) Administrator The term Administrator...
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(3) Committees The term Committees means the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Environment and Public Works of the Senate. (4) Museum The term Museum means the National Health Museum, Inc., a District of Columbia nonprofit corporation exempt from taxat...
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(6) Property The term property means the property located in the District of Columbia, subject to survey and as determined by the Administrator, generally consisting of Squares 325 and 326, and the westerly portions of Squares 351 and 352, including the parcel and structure commonly known as the Cotton Annex. The prop...
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(7) Southern portion of the property The term southern portion of the property means that portion of the property other than the northern portion of the property. 4. Conveyance of property (a) Authority to convey (1) In general Subject to the requirements of this Act, the Administrator shall convey the property to ...
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(2) Agreement As soon as practicable, but not later than 60 days after the date of enactment of this Act, the Administrator shall enter into an agreement with the Museum for the conveyance. (3) Terms and conditions The terms and conditions of the agreement shall address, among other things, mitigation of developmenta...
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(4) Separate conveyance of northern and southern portions Under the agreement, the Administrator shall convey the northern portion of the property separately from and, if so agreed by the Administrator and the Museum, at a different time than the southern portion of the property. (b) Purchase price (1) In general Th...
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(2) Selection of appraiser The appraisal shall be performed by an appraiser mutually acceptable to the Administrator and the Museum. (3) Terms and conditions for appraisal (A) In general Except as provided by subparagraph (B), the assumptions, scope of work, and other terms and conditions related to the appraisal as...
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(B) Required terms The following terms and conditions shall apply to the appraisal: (i) The appraisal shall assume that the property does not contain hazardous substances (as defined in section 101 of CERCLA ( 42 U.S.C. 9601 )) which require remedial action (as defined in such section). (ii) The appraisal shall state ...
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(c) Application of proceeds The purchase price shall be paid into the Federal Buildings Fund established under section 592 of title 40, United States Code. Upon deposit, the Administrator may expend the proceeds from the conveyance for any lawful purpose consistent with existing authorities granted to the Administrato...
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(d) Quit claim deed (1) In general The property shall be conveyed pursuant to 2 quit claim deeds (one for the northern portion and one for the southern portion of the property), each of which shall contain the covenants required by section 120(h) of CERCLA ( 42 U.S.C. 9620 ).
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(2) Limitation on liability The United States shall not be liable or responsible pursuant to paragraph (1) for any additional remedial action— (A) with respect to hazardous substances not existing on the property as of the date of conveyance, unless the presence of such hazardous substances on the property was caused ...
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(e) Use restriction The northern portion of the property shall be dedicated for use as a site for a national health museum for the 99-year period beginning on date of conveyance of that portion to the Museum. (f) Reversion (1) Bases for reversion The northern portion of the property shall revert to the United States...
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or (B) the Museum has not commenced construction of a museum facility on that portion in the 5-year period beginning on the date of enactment of this Act, other than for reasons beyond the control of the Museum as reasonably determined by the Administrator. (2) Enforcement The Administrator may perform any acts necess...
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(g) Closing (1) Deadline The Administrator shall convey the northern and southern portions of the property not later than 3 years after the date of enactment of this Act. The Administrator may extend that period for such time as is reasonably necessary for the Museum to perform its obligations under section 6(a). (2)...
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Office lease (a) Negotiation and execution (1) Terms and conditions Notwithstanding any other provision of law, the Administrator and the Museum (or its affiliate) shall, within 60 days after entering into the agreement described in section 4(a)(2), negotiate the terms and conditions, consistent with this section, o...
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(2) Timing The Administrator and Museum shall execute the lease not later than the date of the conveyance of the southern portion of the property. (b) Rent (1) Below market rate The effective rent charged to the Administrator as part of the lease entered into under this section shall be below prevailing market rates...
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(2) Authority to apply proceeds toward rent The Administrator may apply any or all of the proceeds from conveyance of the property toward the rental charges incurred by the United States under the lease if the Administrator otherwise complies with the notice requirement set forth in section 4(c). Any such application ...
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(c) Operating lease The lease entered into under this section shall be on terms and conditions that allow such lease to be scored as an operating lease in accordance with guidance published by the Office of Management and Budget. (d) Condition to conveyance The execution of the lease under this section shall be a pre...
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Environmental matters (a) Liabilities and responsibilities The agreement entered into under section 4(a)(2) shall provide that the Museum will conduct any environmental remediation activity with respect to the property, and bear the costs of any such activity, except as otherwise provided by section 4(d) and subsecti...
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(c) Scope of remediation activities The scope of any required environmental remediation activity with respect to the property shall be as required by section 120 of CERCLA ( 42 U.S.C. 9620 ). 7. Incidental costs (a) Responsibilities Except as otherwise specifically provided by this Act, the Museum shall bear any and...
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(b) Relocation of existing tenants The costs of relocating existing tenants (including the costs of related studies), shall be paid by the Museum up to an amount to be agreed upon by the Administrator and Museum in the agreement entered into under section 4(a)(2), and any costs in excess of such agreed upon amount sha...
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Land use approvals (a) Existing authorities Nothing in this Act shall be construed as limiting or affecting the authority or responsibilities of the National Capital Planning Commission or the Commission of Fine Arts. (b) Cooperation (1) Zoning and land use Subject to paragraph (2), the Administrator shall reasonab...
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(2) Limitations The Administrator shall not be required to incur any costs with respect to cooperation under this subsection and any consent provided under this subsection shall be premised on the property being developed and operated in accordance with this Act. 9. Reports Not later than one year after the date of e...
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1. Short title This Act may be cited as the Save Our Waters From Sewage Act of 2004. 2. Prohibition on sewage dumping In administering the National Pollutant Discharge Elimination System permit program under the Federal Water Pollution Control Act ( 33 U.S.C. 1251 et seq. ), the Administrator of the Environmental Pro...
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1. Short title This Act may be cited as the Invest in American Workers Act of 2004. 2. Extension of trade adjustment assistance to services sector (a) Adjustment assistance for workers (1) Eligibility Section 221(a)(1)(A) of the Trade Act of 1974 ( 19 U.S.C. 2271(a)(1)(A) ) is amended by striking firm) and insertin...
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(2) Group eligibility requirements Section 222 of the Trade Act of 1974 ( 19 U.S.C. 2272 ) is amended— (A) in subsection (a)— (i) in the matter preceding paragraph (1), by striking agricultural firm) and inserting agricultural firm, and workers in a service sector firm or subdivision of a service sector firm) ; (ii) i...
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and (II) by inserting after subparagraph (B) the following: (C) (i) there has been a shift, by such workers’ firm or subdivision to a foreign country, in provision of services like or directly competitive with services which are provided by such firm or subdivision; or (ii) such workers’ firm or subdivision has obtaine...
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and (C) in subsection (c)(3)— (i) by inserting (or subdivision) after such other firm ; and (ii) by striking , if the certification and all that follows through Mexico. (3) Definitions Section 247 of the Trade Act of 1974 ( 19 U.S.C.
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2319 ) is amended by inserting after paragraph (6) the following: (7) The term service sector firm means an entity engaged in the business of providing information technology or other high technology services.. (b) Trade adjustment assistance for firms and industries (1) Firms (A) Assistance Section 251 of the Trade...
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2341 ) is amended— (i) in subsection (a), by inserting or service sector firm after (including any agricultural firm ; and (ii) in subsection (c)(1)— (I) in the matter preceding subparagraph (A), by inserting or service sector firm after any agricultural firm ; (II) in subparagraph (B)(ii), by inserting or service afte...
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(B) Definition Section 261 of the Trade Act of 1974 ( 19 U.S.C. 2351 ) is amended— (i) by striking For purposes of and inserting (a) Firm.— For purposes of ; and (ii) by adding at the end the following: (b) Service sector firm For purposes of this chapter, the term service sector firm means a firm engaged in the busi...
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2355(a) ) is amended by inserting or service after new product. 3. Trade Adjustment Assistance for communities (a) In General Chapter 4 of title II of the Trade Act of 1974 ( 19 U.S.C. 2371 et seq. ) is amended to read as follows: 4 Trade Adjustment Assistance for communities 271.
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Definitions In this chapter: (1) Affected domestic producer The term affected domestic producer means any manufacturer, producer, farmer, rancher, fisherman or worker representative (including associations of such persons) that was affected by a finding under the Antidumping Act of 1921, or by an antidumping or count...
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(2) Agricultural commodity producer The term agricultural commodity producer has the same meaning as the term person as prescribed by regulations promulgated under section 1001(5) of the Food Security Act of 1985 ( 7 U.S.C. 1308(5) ). (3) Community The term community means a city, county, or other political subdivisi...
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(4) Community negatively impacted by trade A community negatively impacted by trade means a community with respect to which a determination has been made under section 273. (5) Eligible community The term eligible community means a community certified under section 273 for assistance under this chapter. (6) Fisherman...
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(B) Commercial fishing, fish, fishery, fishing, fishing vessel, person, and United States fish processor The terms commercial fishing , fish , fishery , fishing , fishing vessel , person , and United States fish processor have the same meanings as such terms have in the Magnuson-Stevens Fishery Conservation and Manage...
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Community Trade Adjustment Assistance Program (a) Establishment Within 6 months after the date of enactment of the Invest in American Workers Act of 2004 , the Secretary shall establish a Trade Adjustment Assistance for Communities Program at the Department of Commerce. (b) Personnel The Secretary shall designate su...
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(2) coordinate the Federal response to an eligible community— (A) by identifying all Federal, State, and local resources that are available to assist the eligible community in recovering from economic distress; (B) by ensuring that all Federal agencies offering assistance to an eligible community do so in a targeted, i...
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and (D) by identifying and strengthening existing agency mechanisms designed to assist eligible communities in their efforts to achieve economic adjustment and workforce reemployment; (3) provide comprehensive technical assistance to any eligible community in the efforts of that community to— (A) identify serious econo...
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and (E) develop a community-based strategic plan to address economic development and workforce dislocation, including unemployment among agricultural commodity producers, and fishermen; (4) establish specific criteria for submission and evaluation of a strategic plan submitted under section 274(d); (5) establish specif...
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the Department of Labor, the Department of Housing and Urban Development, the Department of Health and Human Services, the Small Business Administration, the Department of the Treasury, the Department of Commerce, and any other Federal, State, or regional department or agency the Secretary determines necessary or appro...
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(b) Determination that community is eligible (1) Community described A community described in this paragraph means a community with respect to which on or after October 1, 2004— (A) the Secretary of Labor certifies a group of workers (or their authorized representative) in the community as eligible for assistance pur...