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108hr3709ih
and the State of Maryland shall provide the District of Columbia with such forms and other materials as the District of Columbia may require to carry out that section. 8. special rule for state of maryland and district of columbia For purposes of this Act, the following shall apply: (1) The District of Columbia shall ...
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(3) The State of Maryland shall be responsible for carrying out this Act with respect to the District of Columbia. 18.
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Applicability of Maryland Election Law For Administration of Federal Elections Notwithstanding any other provision of this Code or other law or regulation of the District of Columbia— (1) any election for Federal office in the District of Columbia shall be administered and carried out by the State of Maryland, in acco...
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Transition Provisions for House of Representatives (a) Number and Apportionment of Maryland Members For purposes of determining the number and apportionment of the members of the House of Representatives from the State of Maryland for the One Hundred Tenth Congress and each succeeding Congress, the population of the ...
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and until the taking effect of the first reapportionment occurring after the regular decennial census conducted for 2010— (A) the membership of the House of Representatives shall be increased by 2; (B) the State of Maryland, together with the State identified by the Clerk of the House of Representatives in the report s...
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(2) Transmittal of revised apportionment information by President and Clerk (A) Statement of apportionment by President Not later than December 1, 2004, the President shall transmit to Congress a revised version of the most recent statement of apportionment submitted under section 22(a) of the Act entitled An Act to ...
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(B) Report by Clerk Not later than 15 calendar days after receiving the revised version of the statement of apportionment under subparagraph (A), the Clerk of the House of Representatives, in accordance with section 22(b) of such Act ( 2 U.S.C. 2a(b) ), shall send to the executive of the State (other than the State of...
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(3) Increase not counted against total number of members The temporary increase in the membership of the House of Representatives provided under paragraph (1) shall not operate to either increase or decrease the permanent membership of the House of Representatives as prescribed in the Act of August 8, 1911 ( 2 U.S.C. ...
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(c) Prohibiting Division of District of Columbia Into Separate Congressional Districts (1) In general Notwithstanding subsection (a), in establishing Congressional districts after the effective date of this section, the State of Maryland shall ensure that the entire area of the District of Columbia is included in the...
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(2) Special rule if population of district equals or exceeds average population of Maryland congressional districts If the population of the District of Columbia equals or exceeds the average population of a Congressional district in the State of Maryland under the decennial census used for the apportionment of the Me...
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(3) Special rule for initial district Until the State of Maryland establishes Congressional districts to take into account the enactment of this section, the Congressional district of the additional Representative to which the State is entitled under this section shall consist exclusively of the area of the District o...
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Official Code) are repealed, and the provisions of law amended or repealed by such sections are restored or revived as if such sections had not been enacted. (b) Conforming amendments to district of columbia elections code of 1955 The District of Columbia Elections Code of 1955 is amended— (1) in section 1 (sec. 1–100...
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Official Code)— (A) by striking paragraph (6), and (B) in paragraph (13), by striking the Delegate to Congress for the District of Columbia ; (3) in section 8 (sec. 1–1001.08, D.C. Official Code)— (A) by striking Delegate in the heading, and (B) by striking Delegate, each place it appears in subsections (h)(1)(A), (i)(...
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Official Code)— (A) by striking subparagraph (A) of subsection (a)(3), and (B) in subsection (d)— (i) by striking Delegate, each place it appears in paragraph (1), and (ii) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); (5) in section 15(b) (sec. 1–1001.15(b), D.C. Official Code), by striki...
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Official Code), by striking except the Delegate to the Congress from the District of Columbia. (c) Effective Date The amendments made by this section shall apply with respect to elections occurring during 2006 and any succeeding year. 8. Repeal of Offices of Statehood Representative and Senator (a) In General Sectio...
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(b) Conforming Amendments (1) Statehood commission Section 6 of such Initiative (sec. 1–125, D.C.
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Official Code) is amended— (A) in subsection (a)— (i) by striking 27 voting members and inserting 24 voting members , (ii) by adding and at the end of paragraph (4); and (iii) by striking paragraphs (5) and (6) and redesignating paragraph (7) as paragraph (5); and (B) in subsection (a–1)(1), by striking subparagraphs (...
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Official Code) is hereby repealed. (3) Application of honoraria limitations Section 4 of D.C. Law 8–135 (sec. 1–131, D.C. Official Code) is hereby repealed. (4) Application of campaign finance laws Section 3 of the Statehood Convention Procedural Amendments Act of 1982 (sec. 1–135, D.C. Official Code) is hereby repea...
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1–1001.02(13), D.C. Official Code) is amended by striking United States Senator and Representative,. 9. Nonseverability of Certain Provisions If any provision of sections 3, 6(a), or 6(b) of this Act, or the application thereof to any person or circumstance, is held invalid, the remaining provisions of this Act or any...
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Rules of Construction Nothing in this Act may be construed— (1) to permit residents of the District of Columbia to vote in elections for State or local office in the State of Maryland or to permit nonresidents of the District of Columbia to vote in elections for local office in the District of Columbia; (2) to affect ...
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1. Short title This Act may be cited as the Revolutionary War and War of 1812 Battlefields Commemorative Coin Act of 2004. 2.
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Coin specifications (a) Denominations In commemoration of the Revolutionary War and the War of 1812, the Secretary of the Treasury (hereafter in this Act referred to as the Secretary ) shall mint and issue the following coins: (1) $5 gold coins Not more than 300,000 $5 coins, which shall— (A) weigh 8.359 grams; (B) ...
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(2) $1 silver coins Not more than 1,000,000 $1 coins, which shall— (A) weigh 26.73 grams; (B) have a diameter of 1.500 inches; and (C) contain 90 percent silver and 10 percent copper. (3) Half dollar clad coins Not more than 2,000,000 half dollar coins which shall be minted to the specifications for half dollar coins...
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(b) Legal tender The coins minted under this Act shall be legal tender, as provided in section 5103 of title 31, United States Code. (c) Numismatic items For purposes of sections 5134 and 5136 of title 31, United States Code, all coins minted under this Act shall be considered to be numismatic items. 3. Design of coi...
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(2) Designation and inscriptions On each coin minted under this Act there shall be— (A) a designation of the value of the coin; (B) an inscription of the year 2006 ; and (C) inscriptions of the words Liberty , In God We Trust , United States of America , and E Pluribus Unum.
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(b) Selection The design for the coins minted under this Act shall be— (1) selected by the Secretary after consultation with the Commission of Fine Arts, and the Revolutionary War and the War of 1812 Battlefields Foundation (hereafter in this Act referred to as the Foundation ); and (2) reviewed by the Citizens Coinag...
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(b) Mint facility Only 1 facility of the United States Mint may be used to strike any particular quality of the coins minted under this Act. (c) Period for issuance The Secretary may issue coins minted under this Act only during the 1-year period beginning on January 1, 2006. 5.
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Sale of coins (a) Sale price The coins issued under this Act shall be sold by the Secretary at a price equal to the sum of— (1) the face value of the coins; (2) the surcharge provided in section 6(a) with respect to such coins; and (3) the cost of designing and issuing the coins (including labor, materials, dies, use...
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(c) Prepaid orders (1) In general The Secretary shall accept prepaid orders for the coins minted under this Act before the issuance of such coins. (2) Discount Sale prices with respect to prepaid orders under paragraph (1) shall be at a reasonable discount. (d) Marketing The Secretary, in cooperation with the Found...
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Surcharges (a) In general All sales of coins minted under this Act shall include a surcharge as follows: (1) A surcharge of $35 per coin for the $5 coin. (2) A surcharge of $10 per coin for the $1 coin. (3) A surcharge of $3 per coin for the half dollar coin.
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(b) Distribution Subject to section 5134(f) of title 31, United States Code, all surcharges received by the Secretary from the sale of coins issued under this Act shall be promptly paid by the Secretary to the Foundation for purposes of the preservation of historically significant battlefields of the Revolutionary War...
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1. Permanent resident status for Konstantinos Ritos (a) In general Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Konstantinos Ritos shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent resi...
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(b) Adjustment of status If Konstantinos Ritos enters the United States before the filing deadline specified in subsection (c), he shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as...
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(c) Deadline for application and payment of fees Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.
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(d) Reduction of immigrant visa number Upon the granting of an immigrant visa or permanent residence to Konstantinos Ritos, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives o...
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(e) Denial of preferential immigration treatment for certain relatives The natural parents, brothers, and sisters of Konstantinos Ritos shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
108hr4587ih
1. Short title This Act may be cited as the Department of Defense Office of the Victim Advocate Act of 2004. 2. Establishment of Office of the Victim Advocate in Department of Defense (a) Establishment Part II of subtitle A of title 10, United States Code, is amended by adding at the end the following new chapter: 9...
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Office of the Victim Advocate: establishment; Director (a) Establishment There is in the Office of the Secretary of Defense an Office of the Victim Advocate. The office shall have responsibility for coordination of programs and activities of the military departments to the extent that they relate to victims of interp...
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(c) Victim defined In this chapter, the term victim means a person who is the victim of sexual misconduct or interpersonal violence which— (1) in the case of a person who is a member of the armed forces, is carried out by another member of the armed forces or a family member or intimate partner; and (2) in the case of...
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Office of the Victim Advocate: functions (a) Coordination functions The Director of the Office of the Victim Advocate shall carry out the following coordination functions: (1) Coordinate programs and activities of the military departments relative to care, services, and treatment for victims. (2) Serve as headquarter...
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(b) Evaluation and review functions The Director of the Office of the Victim Advocate shall carry out the following evaluation and review functions: (1) Evaluate the prevalence of interpersonal violence associated with members of the armed forces. (2) Evaluate the programs established by the military departments provi...
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(5) Review the hotline programs for victims of violence, including command and installation hotlines, the National Domestic Violence Hotline, and the National Sexual Assault Hotline. (6) Review disciplinary actions taken against members of the armed forces who commit acts of interpersonal violence. (c) Policy functions...
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(3) Establish system accountability standards. (4) Develop protocols for accountability of commanders in response to incidents of violence. (5) Serve, or designate a person to serve, on any fatality review panel established by the Secretary of a military department under section 4061, 6036, or 9061 of this title. (d) E...
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(2) Conduct training and technical assistance (including programs referred to as Life Skills program) for commands, Family Advocacy Programs, victim witness assistance liaisons, commissions, medical personnel, and law enforcement, security forces, and the Judge Advocate General Corps. (3) Conduct programs of public edu...
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The report shall include proposed initiatives to enhance the response of the military departments to interpersonal violence and sexual misconduct. (b) Report to congress The Secretary of Defense shall transmit to Congress each report received from the Director under subsection (a), together with the Secretary’s commen...
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The office shall have responsibility for coordination of programs and activities of the military departments to the extent that they relate to victims of interpersonal violence among members of the armed forces or between members of the armed forces and family members and partners (including former spouses, children, s...
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(c) Victim defined In this chapter, the term victim means a person who is the victim of sexual misconduct or interpersonal violence which— (1) in the case of a person who is a member of the armed forces, is carried out by another member of the armed forces or a family member or intimate partner; and (2) in the case of...
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Office of the Victim Advocate: functions (a) Coordination functions The Director of the Office of the Victim Advocate shall carry out the following coordination functions: (1) Coordinate programs and activities of the military departments relative to care, services, and treatment for victims. (2) Serve as headquarter...
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(b) Evaluation and review functions The Director of the Office of the Victim Advocate shall carry out the following evaluation and review functions: (1) Evaluate the prevalence of interpersonal violence associated with members of the armed forces. (2) Evaluate the programs established by the military departments provi...
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(5) Review the hotline programs for victims of violence, including command and installation hotlines, the National Domestic Violence Hotline, and the National Sexual Assault Hotline. (6) Review disciplinary actions taken against members of the armed forces who commit acts of interpersonal violence. (c) Policy functions...
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(3) Establish system accountability standards. (4) Develop protocols for accountability of commanders in response to incidents of violence. (5) Serve, or designate a person to serve, on any fatality review panel established by the Secretary of a military department under section 4061, 6036, or 9061 of this title. (d) E...
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(2) Conduct training and technical assistance (including programs referred to as Life Skills program) for commands, Family Advocacy Programs, victim witness assistance liaisons, commissions, medical personnel, and law enforcement, security forces, and the Judge Advocate General Corps. (3) Conduct programs of public edu...
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The report shall include proposed initiatives to enhance the response of the military departments to interpersonal violence and sexual misconduct. (b) Report to congress The Secretary of Defense shall transmit to Congress each report received from the Director under subsection (a), together with the Secretary’s commen...
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1. Congressional findings The Congress finds that: (1) Valid contracts based on free, fair, and arms length transactions should be respected, but contracts based on dishonest and fraudulent activities diminish trust in market transactions, hinder economic growth and do not warrant protection equal to that of fair and ...
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During the West Coast Energy Crisis, the Federal Energy Regulatory Commission failed to act in a timely manner in enforcing the Federal Power Act to ensure Just and Reasonable rates during the West Coast Energy Crisis. (3) During the West Coast Energy Crisis, the President of the United States, the Vice President of th...
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Fraudulent and manipulative market activities by Enron (a) Revocation of market rate authority The Federal Energy Regulatory Commission shall issue an order revoking the authority granted to the Enron company (and any affiliate of the Enron company, the bankruptcy trustee for the company and any successor in interest...
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(b) Claims for damages by Enron prohibited In the case of any contract for the sale of electric energy or natural gas by the Enron company of any affiliate of the company which has been terminated by Enron or by the purchaser or under which the purchaser has ceased to accept delivery of electric energy or natural gas,...
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the bankruptcy trustee for the company and any successor in interest to the Enron company or any affiliate thereof) from enforcing any claim for monetary damages (including any penalty for contract termination) or from otherwise enforcing contract provisions against the purchaser.
108hr5279ih
1. Suspension of duty on Nylosan red F-GS SGR (a) In General Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.32.04 2-Naphthalenesulfonic acid, 7-[[4-chloro-6-(dodecylamino)-1,3,
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5-triazin-2-yl]amino]-4-hydroxy-3-[[4-[(4-sulfophenyl)azo]phenyl]azo]-, disodium salt (CAS No. 145703-76-0) provided for in subheading 3204.12.45 Free No Change No Change On or before 12/31/2007 (b) Effective Date The amendment made by subsection (a) applies to goods entered, or withdrawn from warehouse for consumptio...
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1. Charitable donations liability reform for in-kind corporate contributions (a) Definitions For purposes of this section: (1) Aircraft The term aircraft has the meaning provided that term in section 40102(6) of title 49, United States Code. (2) Business entity The term business entity means a firm, corporation, as...
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(4) Facility The term facility means any real property, including any building, improvement, or appurtenance. (5) Gross negligence The term gross negligence means voluntary and conscious conduct by a person with knowledge (at the time of the conduct) that the conduct is likely to be harmful to the health or well-bein...
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(7) Motor vehicle The term motor vehicle has the meaning provided that term in section 30102(6) of title 49, United States Code. (8) Nonprofit organization The term nonprofit organization means— (A) any organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section ...
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(9) State The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, any other territory or possession of the United States, or any political subdivision of any such State, territory, or possession.
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(b) Liability (1) Liability of business entities that donate equipment to nonprofit organizations (A) In general Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death that results from the use of equipment donated by a business entity to a nonprofit orga...
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(2) Liability of business entities providing use of facilities to nonprofit organizations (A) In general Subject to subsection (c), a business entity shall not be subject to civil liability relating to any injury or death occurring at a facility of the business entity in connection with a use of such facility by a no...
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(B) Application This paragraph shall apply— (i) with respect to civil liability under Federal and State law; and (ii) regardless of whether a nonprofit organization pays for the use of a facility. (3) Liability of business entities providing use of a motor vehicle or aircraft (A) In general Subject to subsection (c)...
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if— (i) such injury or death occurs during a period that such motor vehicle or aircraft is used by a nonprofit organization; and (ii) the business entity authorized the use by the nonprofit organization of motor vehicle or aircraft that resulted in the injury or death. (B) Application This paragraph shall apply— (i) w...
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(c) Exceptions Subsection (b) shall not apply to an injury or death that results from an act or omission of a business entity that constitutes gross negligence or intentional misconduct. (d) Superseding provision (1) In general Subject to paragraph (2) and subsection (e), this section preempts the laws of any State ...
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(2) Limitation Nothing in this section shall be construed to supersede any Federal or State health or safety law. (e) Election of state regarding nonapplicability A provision of this section shall not apply to any civil action in a State court against a business entity in which all parties are citizens of the State i...
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(f) Effective date This section shall apply to injuries (and deaths resulting therefrom) occurring on or after the date of the enactment of this Act.
108hr4094ih
1. Short title This Act may be cited as the Geothermal Energy Initiative Act of 2004. 2. Findings The Congress finds the following: (1) Federal income tax credits have been established for production of energy from renewable energy resources, other than geothermal energy resources, including with respect to wind ener...
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(3) Many Federal land management agencies, including the Bureau of Land Management and the Forest Service, are not aware of geothermal energy resources and fail to recognize geothermal energy resources in their land use planning process. Failure to recognize geothermal energy resources during the land use planning proc...
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(5) There appears to be a lack of focus and priority in the Bureau of Land Management concerning geothermal energy efforts. (6) Development of geothermal energy resources is environmentally safe and clean. 3. Credit for electricity produced from geothermal energy (a) In general Section 45(c)(1) of the Internal Revenu...
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and by adding at the end the following new subparagraph: (D) geothermal energy. (b) Qualified Facility Section 45(c)(3) of such Code (defining qualified facility) is amended by inserting after subparagraph (E) the following new subparagraph: (D) Geothermal energy facility In the case of a facility using geothermal en...
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2005, but only to the extent of its incremental production. If such a facility is leased and the operator thereof is the lessee, such lessee (and not the owner) shall be treated for purposes of this section as owning such facility. (c) Incremental production Section 45(d) of such Code (relating to definitions and spec...
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with respect to a facility described in subsection (c)(3)(D)(ii) for any taxable year, the excess of— (i) the total kilowatt hours of electricity produced from such facility, over (ii) the average annual kilowatt hours produced at such facility for five of the previous seven calendar years prior to the date of the enac...
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(B) Special rule A facility which was placed in service seven years or longer prior to the date of the enactment of this paragraph shall, commencing with the year of such enactment, reduce the amount calculated under subparagraph (A)(ii) each year, on a cumulative basis, by the average decrease in annual kilowatt hour...
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Assessment of geothermal energy resources (a) Resource assessment Not later than 3 months after the date of the enactment of this Act, and each year thereafter, the Secretary of Energy shall review the available assessments of geothermal energy resources available within the United States and undertake new assessment...
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The report shall contain a detailed inventory describing the available amount and characteristics of the geothermal energy resources, including— (1) descriptions of surrounding terrain, population and load centers, nearby energy infrastructure, location of energy and water resources, and available estimates of the cost...
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(c) Authorization of appropriations To carry out this section there is authorized to be appropriated to the Secretary of the Interior $5,000,000 for fiscal years 2005, 2006, and 2007. 5. Enhanced access to Federal lands for geothermal resource development (a) Revision of land use plans (1) Public lands The Secretar...
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(2) National Forest System lands The Secretary of Agriculture shall expedite development of geothermal energy in making revisions of land and resource management plans under section 6 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1604 ) while protecting other resources. (3) Issuance ...
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(b) Report to Congress Within 24 months after the date of the enactment of this section, the Secretary of the Interior shall develop and report to the Congress recommendations on any statutory or regulatory changes the Secretary believes would assist in the development of geothermal energy on Federal land. The report ...
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(2) an analysis of— (A) whether the use of rights-of-ways is the best means of authorizing use of Federal land for the development of geothermal energy, or whether such resources could be better developed through a leasing system or other method; (B) the desirability of grants, loans, tax credits, or other provisions t...
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or believe are likely to arise in relation to the development of geothermal energy on Federal land; and (3) a list, developed in consultation with the Secretaries of Energy and Defense, of lands under the jurisdiction of the Departments of Energy and Defense, respectively, that would be suitable for development for geo...
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Consultation regarding geothermal leasing and permitting on public lands (a) In general Not later than 6 months after the date of the enactment of this Act, the Secretary of the Interior and the Secretary of Agriculture shall enter into and submit to the Congress a memorandum of understanding in accordance with this ...
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(b) Lease and permit applications The memorandum of understanding shall include provisions that— (1) identify known geothermal areas on public lands within the National Forest System and to the extent necessary review management plans to consider leasing of such lands under the Geothermal Steam Act of 1970 ( 30 U.S.C....
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(3) provide that the Secretary concerned shall— (A) within 14 days after receiving an application for a lease, determine whether the application contains sufficient information to allow processing of the application; and (B) if the application is found not to contain sufficient information to allow processing the appli...
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provide written notice to the lease applicant regarding the status of the application, including an estimate of the time that will be required to complete action on the application; and (5) establish an administrative procedure for processing geothermal development permits, including lines of authority, steps in permit...
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The plan for geothermal leasing shall be updated every 5 years. (d) Data retrieval system The memorandum of understanding shall establish a joint data retrieval system that is capable of— (1) tracking lease and permit applications and requests; and (2) providing to the applicant or requester information as to their st...
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1001 et seq. ) is amended by adding at the end the following: 30.
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Reimbursement for costs of nepa analyses, documentation, and studies (a) In general The Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the...
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(b) Conditions The Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the amounts voluntarily; and (3) the person maintains records of its costs in accord...
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(c) Deadline for regulations The Secretary shall issue regulations implementing the amendment made by this section by not later than 90 days after the date of the enactment of this Act. 30.
108hr4094ih
Reimbursement for costs of nepa analyses, documentation, and studies (a) In general The Secretary of the Interior may, through royalty credits, reimburse a person who is a lessee, operator, operating rights owner, or applicant for a lease under this Act for reasonable amounts paid by the person for preparation by the...
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(b) Conditions The Secretary may provide reimbursement under subsection (a) only if— (1) adequate funding to enable the Secretary to timely prepare the analysis, documentation, or related study is not appropriated; (2) the person paid the amounts voluntarily; and (3) the person maintains records of its costs in accord...
108hr4975ih
1. Short title This Act may be cited as the Pay Back America Act of 2004. 2. Imposition of excise tax on international transportation by water (a) In General Chapter 36 of the Internal Revenue Code of 1986 (relating to certain other excise taxes) is amended by inserting after subchapter B the following new subchapte...
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Imposition of tax (a) In General There is hereby imposed a tax of $3 per passenger on a covered international voyage. (b) By Whom Paid The tax imposed by this section shall be paid by the person providing the covered international voyage. (c) Time of Imposition The tax imposed by this section shall be imposed only ...
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Definitions For purposes of this subchapter— (1) Covered international voyage The term covered international voyage means a voyage of a commercial passenger vessel if— (A) such voyage extends over 1 or more nights, (B) passengers embark or disembark the vessel in the United States, and (C) passengers embark or disemb...
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(2) Passenger vessel The term passenger vessel means any vessel having berth or stateroom accommodations for more than 16 passengers.. (b) Conforming Amendment Section 6806 of such Code is amended by striking subchapter B of chapter 36 and inserting subchapter B or C of chapter 36. (c) Effective Date The amendments ...