H.R. 2754 (108th): Energy and Water Development Appropriations Act, 2004

108th Congress, 2003–2004. Text as of Sep 16, 2003 (Passed the Senate (Engrossed) with an Amendment).

Status & Summary | PDF | Source: GPO

HR 2754 EAS

In the Senate of the United States,

September 16, 2003.

Resolved, That the bill from the House of Representatives (H.R. 2754) entitled ‘An Act making appropriations for energy and water development for the fiscal year ending September 30, 2004, and for other purposes.’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

    That the following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2004, for energy and water development, and for other purposes, namely:

TITLE I

DEPARTMENT OF DEFENSE--CIVIL

DEPARTMENT OF THE ARMY

Corps of Engineers--Civil

    The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief of Engineers for authorized civil functions of the Department of the Army pertaining to rivers and harbors, flood control, shore protection, and related purposes.

GENERAL INVESTIGATIONS

    For expenses necessary for the collection and study of basic information pertaining to river and harbor, flood control, shore protection, and related projects, restudy of authorized projects, miscellaneous investigations, and, when authorized by laws, surveys and detailed studies and plans and specifications of projects prior to construction, $131,700,000, to remain available until expended, of which $500,000, along with $500,000 of the unobligated balance of funds made available under this heading in the Energy and Water Appropriations Act, 2003, may be transferred to the Bureau of Reclamation to conduct a feasibility study for the purposes of providing water to Park City and the Snyderville Basin, Utah: Provided, That in conducting the Southwest Valley Flood Damage Reduction Study, Albuquerque, New Mexico, the Secretary of the Army, acting through the Chief of Engineers, shall include an evaluation of flood damage reduction measures that would otherwise be excluded from the feasibility analysis based on policies regarding the frequency of flooding, the drainage areas, and the amount of runoff: Provided further, That the Secretary of the Army, acting through the Chief of Engineers is directed to use $250,000 for preconstruction engineering and design of Waikiki Beach, Oahu, Hawaii, the project to be designed and evaluated, as authorized: Provided further, That the Secretary of the Army, acting through the Chief of Engineers is directed to use $250,000 for the continuation and completion of feasibility studies of Kihei Beach, Maui, Hawaii. Any recommendations for a National Economic Development Plan shall be accepted notwithstanding the extent of recreation benefits supporting the project features, in view of the fact that recreation is extremely important in sustaining and increasing the economic well-being of the State of Hawaii and the nation.

CONSTRUCTION, GENERAL

    For the prosecution of river and harbor, flood control, shore protection, and related projects authorized by laws; and detailed studies, and plans and specifications, of projects (including those for development with participation or under consideration for participation by States, local governments, or private groups) authorized or made eligible for selection by law (but such studies shall not constitute a commitment of the Government to construction), $1,538,000,000, to remain available until expended, of which such sums as are necessary for the Federal share of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund, as authorized by Public Law 104-303; and of which such sums as are necessary pursuant to Public Law 99-662 shall be derived from the Inland Waterways Trust Fund, for one-half of the costs of construction and rehabilitation of inland waterways projects, including rehabilitation costs for the Lock and Dam 11, Mississippi River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois and Missouri; Lock and Dam 3, Mississippi River, Minnesota; and London Locks and Dam, Kanawha River, West Virginia, projects; and of which funds are provided for the following projects in the amounts specified: Provided, That using $9,280,000 of the funds appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, is directed to continue construction of the Dallas Floodway Extension, Texas, project, including the Cadillac Heights feature, generally in accordance with the Chief of Engineers report dated December 7, 1999: Provided further, That the Secretary of the Army is directed to accept advance funds, pursuant to section 11 of the River and Harbor Act of 1925, from the non-Federal sponsor of the Los Angeles Harbor, California, project authorized by section 101(b)(5) of Public Law 106-541: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $1,000,000 of the funds provided herein to continue construction of the Hawaii Water Management Project: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $2,500,000 of the funds appropriated herein to continue construction of the navigation project at Kaumalapau Harbor, Hawaii: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $6,000,000 of the funds provided herein for Dam Safety and Seepage/Stability Correction Program to continue construction of seepage control features and to design and construct repairs to the tainter gates at Waterbury Dam, Vermont: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $17,000,000 of the funds appropriated herein to proceed with planning, engineering, design or construction of the Grundy, Buchanan County, and Dickenson County, Virginia elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use $6,400,000 of the funds appropriated herein to proceed with the planning, engineering, design or construction of the Lower Mingo County, Upper Mingo County, Wayne County, McDowell County, West Virginia elements of the Levisa and Tug Forks of the Big Sandy River and Upper Cumberland River Project: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue the Dickenson County Detailed Project Report as generally defined in Plan 4 of the Huntington District Engineer’s Draft Supplement to the Section 202 General Plan for Flood Damage Reduction dated April 1997, including all Russell Fork tributary streams within the County and special considerations as may be appropriate to address the unique relocations and resettlement needs for the flood prone communities within the County: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the Seward Harbor, Alaska, project, in accordance with the Report of the Chief of Engineers, dated June 8, 1999, and the economic justification contained therein: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed and authorized to continue the work to replace and upgrade the dam and all connections to the existing system at Kake, Alaska: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the Wrangell Harbor, Alaska, project in accordance with the Chief of Engineer’s report dated December 23, 1999: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with construction of the Breckenridge, Minnesota, project in accordance with the Breckenridge, Minnesota Feasibility Report and Environmental Impact Statement dated September 2000, approved April 8, 2002: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with construction of repairs to the Bois Brule, Missouri, project in accordance with the Bois Brule Deficiency Correction Report including applicable NEPA compliance submitted to the Mississippi Valley Division in June 2003: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue with construction of the DeSoto County Regional Wastewater System Project in accordance with the DeSoto County, Mississippi Environmental Infrastructure-Letter Reports prepared pursuant to guidance for Section 219 projects: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue with construction of the Des Moines Recreational River and Greenbelt, Iowa, project in accordance with the Des Moines Recreation River and Greenbelt, Iowa, General Design Memorandum with Programmatic Environmental Impact Statement dated September 1987, as amended by the Annual Program Management Reports which serve as the Master Plan for the overall project, and site specific decision documents for the added work: Provided further, That the Secretary of the Army, acting through the Chief of Engineers is directed to continue with construction of the Rio de Flag, Flagstaff, Arizona, project generally in accordance with the Chief of Engineers report dated December 29, 2000: Provided further, That the Secretary of the Army, acting through the Chief of Engineers is directed to continue with construction of the Tucson Drainage Area, Arizona, generally in accordance with the Chief of Engineers report dated May 20, 1998: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the Zuni and Sun Valley Reaches, South Platte River, Denver County, Colorado, project, in accordance with the Report of the Chief of Engineers, dated May 16, 2003, and the economic justification contained therein: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with construction of the Delaware Bay Coastline, Point Mahon, Delaware, project, in accordance with the Report of the Chief of Engineers, dated September 28, 1998, and the economic justification contained therein: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the Delaware Coast from Cape Henlopen to Fenwick Island, Fenwick Island, Delaware, project, in accordance with the Report of the Chief of Engineers, dated December 29, 2000, and the economic justification contained therein: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue preparation of the General Re-evaluation Report (GRR) to determine the feasibility of additional deepening and widening of the Federal Project at Gulfport Harbor, Mississippi: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue construction for the Sand Creek Watershed, Nebraska, project in accordance with the Report of the Chief of Engineers, dated December 29, 2000: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is to proceed with the construction of the Brigantine Inlet to Great Egg Harbor, Brigantine Island, New Jersey, project, in accordance with the Report of the Chief of Engineers, dated December 1999, and the economic justification contained therein: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with planning, engineering, and design and initiate floodway buy outs for the Passaic River Management, New Jersey, project, generally in accordance with the Corps of Engineers Passaic River Floodway Buy-out Report, dated October 1995: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, may use $1,000,000 of the funds made available under this heading to continue construction of the project for Passaic River Streambank Restoration, Minish Park, New Jersey, and $6,500,000 of the funds made available under this heading to carry out the project for the Raritan River Basin, Green Brook Sub-Basin, New Jersey: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue engineering and design for the Ramapo and Mahwah Rivers, Mahwah, New Jersey and Suffern, New York, project: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue construction of the Dare County Beaches, North Carolina (Bodie Island), project, in accordance with the Report of the Chief of Engineers, dated December 29, 2000, and the economic justification contained therein: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue construction of the Holes Creek, Ohio, project including the additional floodwall and relocations, generally in accordance with the Chief of Engineers report dated December 23, 1981 and the Supplement to the Reevaluation Report, dated 2003: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue with the design and construction of the Canton Lake, Oklahoma (Dam Safety) project, in accordance with the Corps of Engineer’s Dam Safety Assurance Report, dated March 22, 2002: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to continue with design and construction of the Lawton, Oklahoma, Waste Water Infrastructure Rehabilitation project, in accordance with the requirements identified in the City of Lawton’s Sewer Rehabilitation Program in conjunction with the Oklahoma Department of Environmental Quality’s consent order: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the Columbia River Channel Improvements, Oregon and Washington, project in accordance with the Report of the Chief of Engineers, dated December 23, 1999 and the economic justification and environmental features stated therein, as amended by the Final Supplemental Integrated Feasibility Report and Environmental Impact Statement dated January 28, 2003: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the Schuylkill River Park, Philadelphia, Pennsylvania, project, in accordance with the Letter Report, dated February 2003, and the economic justification contained therein: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the preparation of plans and specifications for periodic nourishment of the Folly Beach, South Carolina, project, in accordance with the General Design Memorandum, dated May 1991 and approved by the Chief of Engineers on July 22, 1992, and the economic justification contained therein: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed to construction of the Missouri River, South Dakota, project, in accordance with the provisions contained in Title IX of WRDA 2000: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the Puget Sound Adjacent Waters Restoration, Washington project, as directed by Section 544 of Public Law 106-541: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the Shoalwater Bay Shoreline Erosion, Washington, project as directed by Section 545 of Public Law 106-541: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to proceed with the construction of the Jackson Hole, Wyoming, project, in accordance with Public Law 106-541, and the economic justification contained therein: Provided further, That the Secretary of the Army is directed to use funds appropriated for the navigation project, Tampa Harbor, Florida to carry out, as part of the project, construction of passing lanes in an area approximately 3.5 miles long, centered on Tampa Bay Cut B, if the Secretary determines that such construction is technically sound, environmentally acceptable, and cost effective: Provided further, That no funds appropriated in this Act for the purpose of construction of the projects for the Everglades and South Florida Ecosystem Restoration shall be available for expenditure unless the Administrator of the Environmental Protection Agency certifies that the projects meet all applicable state water quality standards and numeric criteria adopted for phosphorus as well as water quality requirements set forth in the Consent Decree by September 30, 2003 and every 12 months thereafter until September 30, 2006: Provided further, That within funds provided herein, $500,000 may be used for completion of design and initiation of construction of the McCarran Ranch, NV, environmental restoration project: Provided further, That within funds provided herein, $100,000 may be used for initiation of feasibility studies to address erosion along Bayou Teche, LA within the Chitimacha Reservation: Provided further, That the Secretary of the Army may use at least $1,000,000 of the funds provided under this heading for the Great Lakes fishery and ecosystem restoration program: Provided further, That using $200,000 appropriated herein, the Secretary of the Army, acting through the Chief of Engineers, may develop an environmental impact statement for introducing non-native oyster species into the Chesapeake Bay. During preparation of the environmental impact statement, the Secretary may establish a scientific advisory body consisting of the Virginia Institute of Marine Science, the University of Maryland, and other appropriate research institutions to review the sufficiency of the environmental impact statement. In addition, the Secretary shall give consideration to the findings and recommendations of the National Academy of Sciences report on the introduction of non-native oyster species into the Chesapeake Bay in the preparation of the environmental impact statement. Notwithstanding the cost sharing provisions of section 510(d) of the Water Resources Development Act of 1996 (110 Stat. 3760), the preparation of the environmental impact statement shall be cost shared 50 percent Federal and 50 percent non-Federal, for an estimated cost of $2,000,000. The non-Federal sponsors may meet their 50 percent matching cost share through in-kind services: Provided, That the Secretary determines that work performed by the non-Federal sponsors is reasonable, allowable, allocable, and integral to the development of the environmental impact statement.

FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE

    For expenses necessary for prosecuting work of flood control, rescue work, repair, restoration, or maintenance of flood control projects threatened or destroyed by flood, as authorized by law (33 U.S.C. 702a and 702g-1), $329,000,000, to remain available until expended: Provided, That the Secretary of the Army, acting through the Chief of Engineers, using $12,000,000 of the funds provided herein, is directed to continue design and real estate activities and to initiate the pump supply contract for the Yazoo Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided further, That the pump supply contract shall be performed by awarding continuing contracts in accordance with 33 U.S.C. 621: Provided further, That the Secretary of the Army, acting through the Chief of Engineers is directed, with funds previously appropriated, to continue construction of water withdrawal features of the Grand Prairie, Arkansas, project.

OPERATION AND MAINTENANCE, GENERAL

    For expenses necessary for the preservation, operation, maintenance, and care of existing river and harbor, flood control, and related works, including such sums as may be necessary for the maintenance of harbor channels provided by a State, municipality or other public agency, outside of harbor lines, and serving essential needs of general commerce and navigation; surveys and charting of northern and northwestern lakes and connecting waters; clearing and straightening channels; and removal of obstructions to navigation, $2,014,000,000, to remain available until expended, of which such sums as become available in the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662, may be derived from that Fund, and of which such sums as become available from the special account established by the Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), may be derived from that account for construction, operation, and maintenance of outdoor recreation facilities; and of which $500,000 may be available for dredging and other operation and maintenance of the Rogue River, Gold Beach, Oregon; and of which $500,000 may be available for dredging and other operation and maintenance of the Umpqua River, Oregon: Provided, That of funds appropriated herein, for the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, the Secretary of the Army, acting through the Chief of Engineers, is directed to reimburse the State of Delaware for normal operation and maintenance costs incurred by the State of Delaware for the SR1 Bridge from station 58+00 to station 293+00 between October 1, 2003, and September 30, 2004: Provided further, That none of the funds appropriated under this heading may be used for the Great Lakes Sediment Transport Models: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, may use not less than $5,461,000 of the funds made available under this heading for the Alabama-Coosa River, Alabama (including for routine operations and maintenance work at Swift Creek Park), of which not less than $2,500,000 may be used for annual maintenance dredging of navigational channels of the Alabama-Coosa River: Provided further, That the Secretary of the Army, acting through the Chief of Engineers, is directed to use funds appropriated herein to rehabilitate the existing dredged material disposal site for the project for navigation, Bodega Bay Harbor, California, and to continue maintenance dredging of the Federal channel: Provided further, That the Secretary shall make suitable material excavated from the site as part of the rehabilitation effort available to the non-Federal sponsor, at no cost to the Federal Government, for use by the non-Federal sponsor in the development of public facilities: Provided further, That the Corps of Engineers shall not allocate any funds, to deposit dredge material, without the consent of the landowners, on private property located along Reach 1, Reach 2, Reach 4, Reach 5, and Reach 6 of the Gulf Coast Intracoastal Waterway as defined by the Draft Laguna Madre GIWW Dredged Material Management Plan prepared by the Corps of Engineers and the Interagency Coordination Team dated October 11, 2002: Provided further, That the Secretary is directed to use $5,000,000 of the funds appropriated herein to undertake the restoration of Tar Creek and Vicinity, Oklahoma project: Provided further, That the Secretary of the Army may use $3,000,000 of the funds provided under this heading to undertake, in connection with the harbor of Morehead City, North Carolina, a project to disperse sand along Bogue Banks: Provided further, That $65,000,000 is provided to be used by the Secretary of the Army, acting through the Chief of Engineers, to repair, restore, and clean up projects and facilities of the Corps of Engineers and dredge navigation channels, restore and clean out area streams, provide emergency stream bank protection, restore other crucial public infrastructure (including water and sewer facilities), document flood impacts, and undertake other flood recovery efforts considered necessary by the Chief of Engineers.

FLOOD CONTROL AND COASTAL EMERGENCIES

    For expenses necessary for emergency flood control, hurricane response, and emergency shore protection and related activities, $40,000,000, to remain available until expended.

REGULATORY PROGRAM

    For expenses necessary for administration of laws pertaining to regulation of navigable waters and wetlands, $139,000,000, to remain available until expended.

FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

    For expenses necessary to clean up contamination from sites throughout the United States resulting from work performed as part of the Nation’s early atomic energy program, $140,000,000, to remain available until expended.

GENERAL EXPENSES

    For expenses necessary for general administration and related functions in the Office of the Chief of Engineers and offices of the Division Engineers, activities of the Humphreys Engineer Center Support Activity, the Institute for Water Resources, and headquarters support functions at the USACE Finance Center, $160,000,000, to remain available until expended: Provided, That no part of any other appropriation provided in title I of this Act shall be available to fund the activities of the Office of the Chief of Engineers or the executive direction and management activities of the division offices: Provided further, That none of these funds shall be available to support an office of congressional affairs within the executive office of the Chief of Engineers.

ADMINISTRATIVE PROVISIONS

    Appropriations in this title shall be available for official reception and representation expenses (not to exceed $5,000); and during the current fiscal year the Revolving Fund, Corps of Engineers, shall be available for purchase (not to exceed 100 for replacement only) and hire of passenger motor vehicles.

GENERAL PROVISIONS

CORPS OF ENGINEERS--CIVIL

    SEC. 101. Agreements proposed for execution by the Assistant Secretary of the Army for Civil Works or the United States Army Corps of Engineers after the date of the enactment of this Act pursuant to section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291; section 11 of the River and Harbor Act of 1925, Public Law 68-585; the Civil Functions Appropriations Act, 1936, Public Law 75-208; section 215 of the Flood Control Act of 1968, as amended, Public Law 90-483; sections 104, 203, and 204 of the Water Resources Development Act of 1986, as amended, Public Law 99-662; section 206 of the Water Resources Development Act of 1992, as amended, Public Law 102-580; section 211 of the Water Resources Development Act of 1996, Public Law 104-303; and any other specific project authority, shall be limited to credits and reimbursements per project not to exceed $10,000,000 in each fiscal year, and total credits and reimbursements for all applicable projects not to exceed $50,000,000 in each fiscal year.

    SEC. 102. None of the funds appropriated in this Act, or any other Act, shall be used to demonstrate or implement any plans divesting or transferring of any Civil Works missions, functions, or responsibilities for the United States Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of Congress.

    SEC. 103. ALAMOGORDO, NEW MEXICO. The project for flood protection at Alamogordo, New Mexico, authorized by the Flood Control Act of 1962 (Public Law 87-874), is modified to authorize and direct the Secretary to construct a flood detention basin to protect the north side of the City of Alamogordo, New Mexico, from flooding. The flood detention basin shall be constructed to provide protection from a 100-year flood event. The project cost share for the flood detention basin shall be consistent with Section 103(a) of the Water Resources Development Act of 1986, notwithstanding Section 202(a) of the Water Resources Development Act of 1996.

    SEC. 104. Section 10 of the Rivers and Harbors Act of 1922, 42 Stat. 1043, 33 U.S.C. 621, is amended by inserting a comma after the word ‘Congress’ and inserting immediately thereafter ‘to include any and all pre-authorization planning, engineering, design, construction, and operation and maintenance,’.

    SEC. 105. The Secretary is authorized and may design, remove and dispose of oil bollards and associated debris in Burlington Harbor, Vermont, at full Federal expense.

    SEC. 106. KAKE DAM REPLACEMENT, KAKE, ALASKA TECHNICAL CORRECTIONS. Section 105, Public Law 106-377, is amended by striking ‘$7,000,000’ and inserting in lieu thereof ‘$11,000,000 at full Federal expense’.

    SEC. 107. DEAUTHORIZATION OF INACTIVE CORPS PROJECTS. The following projects, with a total estimated authorized cost of $404,000,000, are not authorized after the date of enactment of this Act, except with respect to any portion of such a project which portion has been completed before such date or is under construction on such date:

      (1) The project for flood control, Green Bay Levee & Drainage District No. 2, Iowa, authorized by the Water Resources Development Act of 1986, deauthorized in fiscal year 1991, and reauthorized by the Water Resources Development Act of 1992;

      (2) The project for navigation, Illinois Waterway Cal-Sag Part III, Illinois, authorized by the River and Harbor Act of 1946;

      (3) The project for flood control, Lake George, Hobart, Indiana, authorized by the Water Resources Development Act of 1986;

      (4) The project for flood control, Hazard, Kentucky, authorized by the Water Resources Development Act of 1988 (Public Law 100-876) and the Water Resources Development Act of 1990 (Public Law 101-640);

      (5) The project for recreation, Taylorsville Lake (Uncompleted Recreation), Kentucky, authorized by the Flood Control Act of 1966;

      (6) The project for flood control, Vanceburg, Kentucky, LPP, authorized by the Flood Control Act of 1937;

      (7) The project for flood control, Libby Dam (Units 6-8), Montana, authorized by the Water Resources Development Act of 1996;

      (8) The project for flood control, Epping, New Hampshire, authorized by the Water Resources Development Act of 1992;

      (9) The project for flood control, Manchester, New Hampshire, authorized by the Water Resources Development Act of 1992;

      (10) The project for flood control, Rochester, New Hampshire, authorized by the Water Resources Development Act of 1992;

      (11) The project for multiple purposes, Fort Gibson Lake, Oklahoma (Units 5 and 6), authorized by the Water Resources Development Act of 1986;

      (12) The project for flood control, Parker Lake, Muddy Boggy Creek, Oklahoma, authorized by the Water Resources Development Act of 1986;

      (13) The project for flood control, Tamaqua, Pennsylvania, authorized by the Water Resources Development Act of 1974;

      (14) The project for shoreline protection, Cliff Walk, Newport, Rhode Island, authorized by the River and Harbor Act of 1956 and amended by the Water Resources Development Act of 1992;

      (15) The project for navigation, Narragansett Town Beach, Narragansett, Rhode Island, authorized by the Water Resources Development Act of 1992 and amended by the Water Resources Development Act of 1996;

      (16) The project for navigation, Quonset Point-Davisville, Rhode Island (Bulkhead Repairs), authorized by the Water Resources Development Act of 1996;

      (17) The project for flood control, Arroyo Colorado, Texas, authorized by the Water Resources Development Act of 1986;

      (18) The project for flood control, Cypress Creek-Structural, Texas, authorized by the Water Resources Development Act of 1988; and

      (19) The project for flood control, Cache County, Utah, authorized by the Water Resources Development Act of 1992 and amended by the Water Resources Development Act of 1999.

    SEC. 108. DEAUTHORIZATION OF PROJECT FOR NAVIGATION, PAWTUXET COVE, RHODE ISLAND. (a) IN GENERAL- The portions of the project for navigation, Pawtuxet Cove, Rhode Island, authorized by section 101 of the River and Harbor Act of 1962 (76 Stat. 1173) and described in subsection (b) shall no longer be authorized after the date of enactment of this Act.

    (b) DESCRIPTIONS- The portions of the project referred to in subsection (a) are the following:

      (1) Beginning at a point along the western edge of the 6-foot channel just south of the 6-foot turning basin: N247,856.00, E530,338.00, thence running north 51 degrees 44 minutes 12.5 seconds west 214.77 feet to a point N247,989.00, E530,169.37, thence running north 13 degrees 14 minutes 48.8 seconds west 149.99 feet to a point N248,135.00, E530,135.00, thence running north 44 degrees 11 minutes 7.4 seconds east 137.77 feet to a point N248,233.79, E530,231.02, thence running north 3 degrees 58 minutes 18.8 seconds west 300.00 feet to a point N248,533.07, E530,210.24 thence running north 86 degrees 1 minute 34.3 seconds east 35.00 feet to a point N248,535.50, E530,245.16, thence running south 3 degrees 58 minutes 21.0 seconds east 342.49 feet to a point N248,193.83, E530,268.88, thence running south 44 degrees 11 minutes 7.4 seconds west 135.04 feet to a point N248,097.00, E530,174.77, thence running south 13 degrees 14 minutes 48.8 seconds east 85.38 feet to a point N248,013.89, E530,194.33, thence running south 51 degrees 44 minutes 12.5 seconds east 166.56 feet to a point N247,910.74, E530,325.11 thence running south 13 degrees 14 minutes 49.2 seconds east 56.24 feet to the point of origin.

      (2) Beginning at a point along the eastern edge of the 6-foot channel opposite the 6-foot turning basin: N248,180.00, E530,335.00, thence running south 32 degrees 12 minutes 35.3 seconds east 88.25 feet to a point N248,105.33, E530,382.04, thence running south 13 degrees 14 minutes 49.2 seconds east 138.48 feet to a point N247,970.53, E530,413.77, thence running north 32 degrees 12 minutes 35.3 seconds west 135.42 feet to a point N248,085.12, E530,341.59, thence running north 3 degrees 58 minutes 21.0 seconds west 95.11 feet to the point of origin.

      (3) Beginning at a point along the eastern edge of the channel adjacent to the 6-foot entrance channel: N246,630.77, E530,729.17, thence running south 13 degrees 14 minutes 49.2 seconds east 35.55 feet to a point N246,596.16, E530,737.32, thence running south 51 degrees 31 minutes 38.6 seconds east 283.15 feet to a point N246,420.00, E530,959.00, thence running north 47 degrees 28 minutes 37.2 seconds west 311.84 feet returning to a point N246,630.77, E530,729.17.

    SEC. 109. (a) The Secretary of the Army is authorized to provide technical, planning, design and construction assistance to non-Federal interests to remedy adverse environmental and human health impacts in Ottawa County, Oklahoma. In providing assistance, the Secretary shall coordinate with the State, Tribal, and local interests. The Secretary may undertake implementation of such activities as the Secretary determines to be necessary or advisable to demonstrate practicable alternatives, such activities shall include measures to address lead exposure and other environmental problems related to historical mining activities in the area.

    (b) In carrying out subsection (a), the Secretary may utilize, through contracts or other means, the services of the University of Oklahoma, the Oklahoma Department of Environmental Quality, or such other entities as the Secretary determines to be appropriate.

    (c) Notwithstanding any other provision of law, the Secretary shall not incur liability under the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601, et seq.) for activities undertaken pursuant to this section.

    (d) Non-Federal interests shall be responsible for providing any necessary lands, easements or rights-of-way required for implementation of activities authorized by this section and shall be responsible for operating and maintaining any restoration alternatives constructed or carried out pursuant to this section. All other costs shall be borne by the Federal Government.

    (e) There is authorized to be appropriated $15,000,000 to carry out the purposes of this section.

    SEC. 110. The amount of $2,000,000 previously provided under the heading ‘Construction, General’ in Title I of the Energy and Water Development Appropriations Act, 2003, Division D of Public Law 108-7, is to be used to provide technical assistance at full Federal expense, to Alaskan communities to address the serious impacts of coastal erosion.

    SEC. 111. The project for flood control for the American and Sacramento Rivers, California, authorized by Section 101(a)(1) of the Water Resources Development Act of 1996 (Public Law 104-303) and Section 366 of the Water Resources Development Act of 1999, is modified to authorize the Secretary of the Army, acting through the Chief of Engineers, to construct the project at a total cost of $205,000,000, with an estimated Federal share of $153,840,000 and an estimated non-Federal share of $51,160,000. For purposes of section 103 of the Water Resources Development Act of 1986 (33 U.S.C. 2213), the modifications authorized by this section shall be subject to the same cost sharing in effect for the project authorized by 101(a)(1) of the Water Resources Development Act of 1996.

    SEC. 112. ST. GEORGES BRIDGE, DELAWARE. None of the funds made available in this Act may be used to carry out any activity relating to closure or removal of the St. Georges Bridge across the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, including a hearing or any other activity relating to preparation of an environmental impact statement concerning the closure or removal.

    SEC. 113. Section 214(a) of Public Law 106-541 is amended by striking ‘2003’ and inserting in lieu thereof ‘2005’.

    SEC. 114. The Secretary of the Army, acting through the Chief of Engineers, shall direct construction of Alternative 1 (Northeast Corner) for the project authorized in section 353 of Public Law 105-277 notwithstanding any other provision of law.

    SEC. 115. The Secretary of the Army, acting through the Chief of Engineers, is authorized to undertake appropriate planning, design, and construction measures for wildfire prevention and restoration in the Middle Rio Grande bosque in and around the City of Albuquerque. Work shall be directed toward those portions of the bosque which have been damaged by wildfire or are in imminent danger of damage from wildfire due to heavy fuel loads and impediments to emergency vehicle access. This work shall be undertaken at full Federal expense.

    SEC. 116. Section 595 of the Water Resources Development Act of 1999 (113 Stat.383; 117 Stat. 142) is amended--

      (1) by striking the section heading and inserting the following:

‘SEC. 595. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, AND RURAL UTAH.’;

      (2) in subsection (a)--

        (A) by redesignating paragraphs (1) through (3) as subparagraphs (A) through (C), respectively;

        (B) by striking (a) and all that follows through ‘means--’ and inserting the following:

    ‘(a) DEFINITIONS- In this section:

      ‘(1) RURAL NEVADA- The term ‘rural Nevada’ means’; and

        (C) by adding at the end the following:

      ‘(2) RURAL UTAH- The term ‘rural Utah’ means--

        ‘(A) the counties of Box Elder, Cache, Rich, Tooele, Morgan, Summit, Dagett, Wasatch, Duchesne, Uintah, Juab, Sanpete, Carbon, Millard, Sevier, Emery, Grand, Beaver, Piute, Wayne, Iron, Garfield, San Juan, and Kane, Utah; and

        ‘(B) the portions of Washington County, Utah, that are located outside the city of St. George, Utah.’;

      (3) in subsections (b) and (c), by striking ‘Nevada, Montana, and Idaho’ and inserting ‘Idaho, Montana, rural Nevada, New Mexico, and rural Utah’; and

      (4) in subsection (h), by striking ‘2001--’ and all that follows and inserting ‘2001 $25,000,000 for each of Idaho, Montana, New Mexico, and rural Utah, to remain available until expended.’.

    SEC. 117. Of the amounts provided in section 312, the Secretary of Energy shall make the funds available to ‘Department of Defense--Civil, Department of the Army, Corps of Engineers--Civil, Construction, General’ account, to remain available until expended, for the following: $5,000,000 for the Walter F. George Powerhouse, AL; $3,400,000 for the Rio Salado, Phoenix and Tempe Reaches, AZ project; $3,000,000 for the Montgomery Point Lock and Dam, AR project; $2,250,000 for the Red River Below Denison Dam, AR and LA and TX project; $3,750,000 for the Red River Emergency Bank, AR and LA project; $5,000,000 for the Napa River, CA project; $5,000,000 for the Oakland Harbor, CA project; $5,000,000 for the Port of Los Angeles project; $4,300,000 for the Santa Ana River Mainstem, CA project; $2,900,000 for the South Sacramento Streams, CA project; $1,286,000 for the Delaware Coast from Cape Henlopen to Fenwick Island, DE project; $1,000,000 for the Delaware Bay Coastline, Port Mahon, DE project; $1,250,000 for the Martin County, FL project; $3,000,000 for the Brunswick Harbor, GA project; $5,000,000 for the McCook and Thornton, IL project; $15,000,000 for the Olmsted Locks and Dam, Ohio River, IL and KY project; $600,000 for the Des Moines Recreational River and Greenbelt, IA project; $250,000 for the Lock and Dam 19, IA project; $800,000 for the Perry Creek, IA project; $10,134,000 for the Kentucky Lock and Dam, KY project; $4,565,000 for the Inner Harbor Navigation Canal Lock, LA project; $3,000,000 for the J Bennett Johnston Waterway, LA project; $10,000,000 for the Southeast Louisiana project; $262,000 for the Genessee County, MI project; $287,000 for the Negaunee, MI project; $1,000,000 for the Breckenridge, MN project; $1,500,000 for the Blue River Basin, Kansas City, MO project; $3,000,000 for the Meramec River Basin, Valley Park Levee, MO project; $5,000,000 for the Mississippi River Between the Ohio and Missouri Rivers, MO project; $2,000,000 for the Fort Peck Fish Hatchery, MT project; $2,000,000 for the Rural Montana, MT project; $1,000,000 for the Western Sarpy and Clear Creek, NE project; $1,000,000 for the Great Egg Harbor Inlet and Peck Beach, NJ project; $1,000,000 for the Hackensack-Meadowlands, Environmental Improvement, NJ project; $500,000 for the Passaic River Preservation of Natural Storage Areas, NJ project; $1,000,000 for the Passaic River Streambank Restoration, (Minish Park), NJ project; $500,000 for the Dare County Beaches, Bodie Island, NC project; $5,000,000 for the Wilmington Harbor, NC project; $3,000,000 for the Grand Forks, ND-East Grand Forks, MN project; $1,600,000 for the Tenkiller Ferry Lake, OK (Dam Safety) project; $5,000,000 for the Columbia River Channel Improvements, OR project; $5,000,000 for the Locks and Dams 2, 3, and 4, PA project; $3,000,000 for the Chief Joseph Dam Gas Abatement, WA project; $4,000,000 for the Marmet Lock, Kanawa River, WV project; and $2,366,000 for the Jackson Hole, WY project.

    SEC. 118. Section 560(f) of Public Law 106-53 is amended by striking ‘$5,000,000’ and inserting in lieu thereof ‘$7,500,000’.

    SEC. 119. Section 219(f) of the Water Resources Development Act of 1992 (Public Law 102-580; 106 Stat. 4835), as amended by section 502(b) of the Water Resources Development Act of 1999 (Public Law 106-53; 113 Stat. 335) and section 108(d) of title I of division B of the Miscellaneous Appropriations Act, 2001 (as enacted by Public law 106-554; 114 Stat. 2763A-220), is further amended by adding at the end the following:

      ‘(71) CORONADO, CALIFORNIA- $10,000,000 may be authorized for wastewater infrastructure, Coronado, California.’.

    SEC. 120. GREAT LAKES REMEDIAL ACTION PLANS AND SEDIMENT REMEDIATION PROGRAMS. Of the amounts made available by this title under the heading ‘GENERAL INVESTIGATIONS’, not less than $1,500,000 may be available for Great Lakes remedial action plans and sediment remediation programs under section 401 of the Water Resources Development Act of 1990 (33 U.S.C. 1268 note; Public Law 101-640).

    SEC. 121. Section 592(g) of the Water Resources Development Act of 1999 (Public Law 106-53; 113 Stat. 380) is amended by striking ‘$25,000,000 for the period beginning with fiscal year 2000’ and inserting ‘$100,000,000’.

    SEC. 122. Of the funds made available under Operation and Maintenance, General, an additional $500,000 may be made available to the Recreation Management Support Program to work with the International Mountain Bicycling Association to design, build, and maintain trails at Corps of Engineers projects.

    SEC. 123. PARK RIVER, GRAFTON, NORTH DAKOTA. Section 364(5) of the Water Resources Development Act of 1999 (113 Stat. 314) is amended--

      (1) by striking ‘$18,265,000’ and inserting ‘$21,075,000’; and

      (2) by striking ‘$9,835,000’ and inserting ‘$7,025,000’.

    SEC. 124. SCHUYLKILL RIVER PARK, PHILADELPHIA, PENNSYLVANIA. The Secretary of the Army may provide technical, planning, design, and construction assistance for Schuylkill River Park, Philadelphia, Pennsylvania, in accordance with section 564(c) of the Water Resources Development Act of 1996 (Public Law 104-303; 110 Stat. 3785), as contained in the May 2000 report of the Philadelphia District based on regional economic development benefits, at a Federal share of 50 percent and a non-Federal share of 50 percent.

    SEC. 125. GWYNNS FALLS WATERSHED, BALTIMORE, MARYLAND. The Secretary of the Army may implement the project for ecosystem restoration, Gwynns Falls, Maryland, in accordance with the Baltimore Metropolitan Water Resources-Gwynns Falls Watershed Feasibility Report prepared by the Corps of Engineers and the city of Baltimore, Maryland.

    SEC. 126. SNAKE RIVER CONFLUENCE INTERPRETATIVE CENTER, CLARKSTON, WASHINGTON. (a) IN GENERAL- The Secretary of the Army, acting through the Chief of Engineers (referred to in this section as the ‘Secretary’) is authorized and may carry out a project to plan, design, construct, furnish, and landscape a federally owned and operated Collocated Civil Works Administrative Building and Snake River Confluence Interpretative Center, as described in the Snake River Confluence Center Project Management Plan.

    (b) LOCATION- The project--

      (1) shall be located on Federal property at the confluence of the Snake River and the Clearwater River, near Clarkston, Washington; and

      (2) shall be considered to be a capital improvement of the Clarkston office of the Lower Granite Project.

    (c) EXISTING STRUCTURES- In carrying out the project, the Secretary may demolish or relocate existing structures.

    (d) COST SHARING-

      (1) TOTAL COST- The total cost of the project shall not exceed $3,500,000 (excluding interpretative displays).

      (2) FEDERAL SHARE- The Federal share of the cost of the project shall be $3,000,000.

      (3) NON-FEDERAL SHARE-

        (A) IN GENERAL- The non-Federal share of the cost of the project--

          (i) shall be $500,000; and

          (ii) may be provided--

            (I) in cash; or

            (II) in kind, with credit accorded to the non-Federal sponsor for provision of all necessary services, replacement facilities, replacement land (not to exceed 4 acres), easements, and rights-of-way acceptable to the Secretary and the non-Federal sponsor.

        (B) INTERPRETIVE EXHIBITS- In addition to the non-Federal share described in subparagraph (A), the non-Federal sponsor shall fund, operate, and maintain all interpretative exhibits under the project.

    SEC. 127. FLOOD DAMAGE REDUCTION, MILL CREEK, CINCINNATI, OHIO. Not later than 1 year after the date of enactment of this Act, the Secretary of the Army, acting through the Chief of Engineers, shall complete the general reevaluation report for the project for flood damage reduction, Mill Creek, Cincinnati, Ohio.

    SEC. 128. Of the funds made available under Construction, General, $1,500,000 may be made available for work to be carried out under section 560 of the Water Resources Development Act of 1999 (Public Law 106-53).

TITLE II

DEPARTMENT OF THE INTERIOR

Central Utah Project

CENTRAL UTAH PROJECT COMPLETION ACCOUNT

    For carrying out activities authorized by the Central Utah Project Completion Act, $36,463,000, to remain available until expended, of which $9,423,000 shall be deposited into the Utah Reclamation Mitigation and Conservation Account for use by the Utah Reclamation Mitigation and Conservation Commission.

    In addition, for necessary expenses incurred in carrying out related responsibilities of the Secretary of the Interior, $1,728,000, to remain available until expended.

Bureau of Reclamation

    The following appropriations shall be expended to execute authorized functions of the Bureau of Reclamation:

WATER AND RELATED RESOURCES

(INCLUDING TRANSFER OF FUNDS)

    For management, development, and restoration of water and related natural resources and for related activities, including the operation, maintenance, and rehabilitation of reclamation and other facilities, participation in fulfilling related Federal responsibilities to Native Americans, and related grants to, and cooperative and other agreements with, State and local governments, Indian tribes, and others, $859,517,000, to remain available until expended, of which $56,330,000 shall be available for transfer to the Upper Colorado River Basin Fund and $33,570,000 shall be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may be advanced to the Colorado River Dam Fund; and of which not more than $500,000 is for high priority projects which shall be carried out by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: Provided, That such transfers may be increased or decreased within the overall appropriation under this heading: Provided further, That of the total appropriated, the amount for program activities that can be financed by the Reclamation Fund or the Bureau of Reclamation special fee account established by 16 U.S.C. 460l-6a(i) shall be derived from that Fund or account: Provided further, That funds contributed under 43 U.S.C. 395 are available until expended for the purposes for which contributed: Provided further, That funds advanced under 43 U.S.C. 397a shall be credited to this account and are available until expended for the same purposes as the sums appropriated under this heading: Provided further, That funds available for expenditure for the Departmental Irrigation Drainage Program may be expended by the Bureau of Reclamation for site remediation on a non-reimbursable basis: Provided further, That section 301 of Public Law 102-250, Reclamation States Emergency Drought Relief Act of 1991, as amended, is amended further by inserting ‘2003, and 2004’ in lieu of ‘and 2003’: Provided further, That of the funds provided under this heading, an additional $5,000,000 may be available for the Mni Wiconi project, South Dakota.

BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

    For administrative expenses necessary to carry out the program for direct loans and/or grants, $200,000, to remain available until expended, of which the amount that can be financed by the Reclamation Fund shall be derived from that fund.

CENTRAL VALLEY PROJECT RESTORATION FUND

    For carrying out the programs, projects, plans, and habitat restoration, improvement, and acquisition provisions of the Central Valley Project Improvement Act, $39,600,000, to be derived from such sums as may be collected in the Central Valley Project Restoration Fund pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of Public Law 102-575, to remain available until expended: Provided, That the Bureau of Reclamation is directed to assess and collect the full amount of the additional mitigation and restoration payments authorized by section 3407(d) of Public Law 102-575.

POLICY AND ADMINISTRATION

    For necessary expenses of policy, administration, and related functions in the Office of the Commissioner, the Denver office, and offices in the five regions of the Bureau of Reclamation, to remain available until expended, $54,425,000, to be derived from the Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: Provided, That no part of any other appropriation in this Act shall be available for activities or functions budgeted as policy and administration expenses: Provided further, That of this amount, sufficient funds may be available for the Secretary of the Interior, not later than 60 days after the last day of the fiscal year, to submit to Congress a report on the amount of acquisitions made by the Department of the Interior during such fiscal year of articles, materials, or supplies that were manufactured outside the United States. Such report shall separately indicate the dollar value of any articles, materials, or supplies purchased by the Department of the Interior that were manufactured outside the United States, an itemized list of all waivers under the Buy American Act (41 U.S.C. 10a et seq.) that were granted with respect to such articles, materials, or supplies, and a summary of total procurement funds spent on goods manufactured in the United States versus funds spent on goods manufactured outside of the United States. The Secretary of the Interior shall make the report publicly available by posting the report on an Internet website.

WORKING CAPITAL FUND

(RESCISSION)

    From unobligated balances under this heading $4,525,000 are rescinded.

ADMINISTRATIVE PROVISION

    Appropriations for the Bureau of Reclamation shall be available for purchase of not to exceed 14 passenger motor vehicles, of which 12 are for replacement only.

General Provisions

DEPARTMENT OF THE INTERIOR

    SEC. 201. In order to increase opportunities for Indian tribes to develop, manage, and protect their water resources, in fiscal year 2003 and thereafter, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants and cooperative agreements with any Indian tribe, institution of higher education, national Indian organization, or tribal organization pursuant to 31 U.S.C. 6301-6308. Nothing in this Act is intended to modify or limit the provisions of the Indian Self Determination Act (25 U.S.C. 45 et seq.).

    SEC. 202. (a) None of the funds appropriated or otherwise made available by this Act may be used to determine the final point of discharge for the interceptor drain for the San Luis Unit until development by the Secretary of the Interior and the State of California of a plan, which shall conform to the water quality standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.

    (b) The costs of the Kesterson Reservoir Cleanup Program and the costs of the San Joaquin Valley Drainage Program shall be classified by the Secretary of the Interior as reimbursable or nonreimbursable and collected until fully repaid pursuant to the ‘Cleanup Program--Alternative Repayment Plan’ and the ‘SJVDP--Alternative Repayment Plan’ described in the report entitled ‘Repayment Report, Kesterson Reservoir Cleanup Program and San Joaquin Valley Drainage Program, February 1995’, prepared by the Department of the Interior, Bureau of Reclamation. Any future obligations of funds by the United States relating to, or providing for, drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries of such service or studies pursuant to Federal reclamation law.

    SEC. 203. None of the funds appropriated or otherwise made available by this or any other Act may be used to pay the salaries and expenses of personnel to purchase or lease water in the Middle Rio Grande or the Carlsbad Projects in New Mexico unless said purchase or lease is in compliance with the purchase requirements of section 202 of Public Law 106-60.

    SEC. 204. Funds under this title for Drought Emergency Assistance shall be made available primarily for leasing of water for specified drought related purposes from willing lessors, in compliance with existing State laws and administered under State water priority allocation. Such leases may be entered into with an option to purchase: Provided, That such purchase is approved by the State in which the purchase takes place and the purchase does not cause economic harm within the State in which the purchase is made.

    SEC. 205. (a) Notwithstanding any other provision of law, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, may not obligate funds appropriated for the current fiscal year or any prior Energy and Water Development Appropriations Act, or funds otherwise made available to the Commissioner of the Bureau of Reclamation, and may not use discretion, if any, to reduce or reallocate water to be delivered pursuant to San Juan-Chama Project contracts, including execution of said contracts facilitated by the Middle Rio Grande Project, to meet the requirements of the Endangered Species Act, unless such water is acquired or otherwise made available from a willing seller or lessor and the use is in compliance with the laws of the State of New Mexico, including but not limited to, permitting requirements.

    (b) Complying with the reasonable and prudent alternatives and the incidental take limits defined in the Biological Opinion released by the United States Fish and Wildlife Service dated March 17, 2003 combined with efforts carried out pursuant to Public Law 106-377, Public Law 107-66, and Public Law 108-7 fully meet all requirements of the Endangered Species Act (16 U.S.C. 1531 et seq.) for the conservation of the Rio Grande Silvery Minnow (Hybognathus amarus) and the Southwestern Willow Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande in New Mexico.

    SEC. 206. ENDANGERED SPECIES COLLABORATIVE PROGRAM. (a) Using funds previously appropriated, the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation and the Director of the Fish and Wildlife Service, for purposes of improving the efficiency and expediting the efforts of the Endangered Species Act Collaborative Program Workgroup, is directed to establish an executive committee of seven members consisting of--

      (1) one member from the Bureau of Reclamation;

      (2) one member from the Fish and Wildlife Service; and

      (3) one member at large representing each of the following six entities (selected at the discretion of the entity in consultation with the Bureau of Reclamation and the Fish and Wildlife Service) currently participating as signatories to the existing Memorandum of Understanding:

        (A) other Federal agencies;

        (B) State agencies;

        (C) municipalities;

        (D) universities and environmental groups; and

        (E) business and industrial interests.

    (b) Formation of this committee shall occur not later than 45 days after enactment of this Act.

    (c) Fiscal year 2004 appropriations shall not be obligated or expended prior to approval by the Committee of a detailed spending plan.

    SEC. 207. TULAROSA BASIN NATIONAL DESALINATION RESEARCH FACILITY. (a) DESALINATION DEMONSTRATION AND DEVELOPMENT- Pursuant to section 4(a) of Public Law 104-298, 110 Stat. 3622 (October 11, 1996), the Secretary may hereafter conduct or contract for the design, construction, testing and operation of the Tularosa Basin National Desalination Research Facility.

    (b) The Tularosa Basin National Desalination Research Facility is hereafter exempt from all provisions of section 7 of Public Law 104-298, 110 Stat. 3622 (October 11, 1996). The Federal share of the cost of the Tularosa Basin National Desalination Research Facility may be up to 100 percent, including the cost of design, construction, operation, maintenance, repair and rehabilitation.

    SEC. 208. The Secretary of the Interior, in carrying out CALFED-related activities, may undertake feasibility studies for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper San Joaquin Storage projects, hereafter. These storage studies should be pursued along with ongoing environmental and other projects in a balanced manner.

    SEC. 209. The Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation, is authorized to enter into grants, cooperative agreements, and other agreements with irrigation or water districts to fund up to 50 percent of the cost of planning, designing, and constructing improvements that will conserve water, increase water use efficiency, or enhance water management through measurement or automation, at existing water supply projects within the states identified in the Act of June 17, 1902, as amended, and supplemented: Provided, That when such improvements are to Federally owned facilities, such funds may be provided in advance on a non-reimbursable basis to an entity operating affected transferred works or may be deemed non-reimbursable for non-transferred works: Provided further, That the calculation of the non-Federal contribution shall provide for consideration of the value of any in-kind contributions, but shall not include funds received from other Federal agencies: Provided further, That the cost of operating and maintaining such improvements shall be the responsibility of the non-Federal entity: Provided further, That this section shall not supercede any existing project-specific funding authority. The Secretary is also authorized to enter into grants or cooperative agreements with universities or non-profit research institutions to fund water use efficiency research.

    SEC. 210. HAWAII WATER RESOURCES STUDY. The Hawaii Water Resources Act of 2000 (Public Law 106-566, 114 Stat. 2818) is amended--

      (1) in section 103--

        (A) in subsection (b)(1), by striking ‘Not’ and all that follows through ‘the Secretary’ and inserting ‘The Secretary’ and

        (B) in subsection (e), by striking ‘$300,000’ and all that follows and inserting ‘$2,000,000 for the Federal share of the activities authorized under this section’; and

      (2) in section 104(b), by striking ‘cost-effective,’ and all that follows and inserting ‘cost-effective.’.

    SEC. 211. Notwithstanding the provisions of Title IV of Public Law 102-575 (106 STAT. 4648), the contributions of the Western Area Power Administration to the Utah Reclamation Mitigation and Conservation Account shall expire ten fiscal years from the date of enactment of this Act. Such contributions shall be from an account established by the Western Area Power Administration for this purpose and such contributions shall be made available to the Utah Reclamation Mitigation and Conservation Account subject to appropriations. After ten fiscal years from the date of enactment of this Act, the Utah Reclamation Mitigation and Conservation Commission is hereby authorized to utilize interest earned and accrued to the Utah Reclamation Mitigation and Conservation Account.

    SEC. 212. That of the funds provided, an additional $3,000,000 shall be available for the Middle Rio Grande, New Mexico project and an additional $3,000,000 shall be available for the Lake Tahoe Regional Wetlands Development project.

    SEC. 213. LOWER COLORADO RIVER BASIN DEVELOPMENT. (a) IN GENERAL- Notwithstanding section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower Colorado River Basin Development Fund shall be paid to the general fund of the Treasury until each provision of the revised Stipulation Regarding a Stay and for Ultimate Judgment Upon the Satisfaction of Conditions, filed in United States district court on April 24, 2003, in Central Arizona Water Conservation District v. United States (No. CIV 95-625-TUC-WDB (EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)), and any amendment or revision thereof, is met.

    (b) PAYMENT TO GENERAL FUND- If any of the provisions of the stipulation referred to in subsection (a) are not met by the date that is 10 years after the date of enactment of this Act, payments to the general fund of the Treasury shall resume in accordance with section 403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)).

    (c) AUTHORIZATION- Amounts in the Lower Colorado River Basin Development Fund that but for this section would be returned to the general fund of the Treasury may not be expended until further Act of Congress.

    SEC. 214. TUALATIN RIVER BASIN, OREGON. (a) AUTHORIZATION TO CONDUCT FEASIBILITY STUDY- The Secretary of the Interior may conduct a Tualatin River Basin water supply feasibility study--

      (1) to identify ways to meet future water supply needs for agricultural, municipal, and industrial uses;

      (2) to identify water conservation and water storage measures;

      (3) to identify measures that would--

        (A) improve water quality; and

        (B) enable environmental and species protection; and

      (4) as appropriate, to evaluate integrated water resource management and supply needs in the Tualatin River Basin, Oregon.

    (b) FEDERAL SHARE- The Federal share of the cost of the study conducted under subsection (a)--

      (1) shall not exceed 50 percent; and

      (2) shall be nonreimbursable and nonreturnable.

    (c) ACTIVITIES- No activity carried out under this section shall be considered a supplemental or additional benefit under Federal reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter 1093), and Acts supplemental to and amendatory of that Act (43 U.S.C. 371 et seq.)).

    (d) FUNDING-

      (1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this section $2,900,000, to remain available until expended.

    SEC. 215. FACILITATION OF INDIAN WATER RIGHTS. The Secretary of the Interior may extend, on an annual basis, the repayment schedule of debt incurred under section 9(d) of the Act of August 4, 1939 (43 U.S.C. 485h(d)) to facilitate Indian water rights settlements in the State of Arizona.

    SEC. 216. RESTORATION OF FISH AND WILDLIFE HABITAT AND PROVISION OF BOTTLED WATER FOR FALLON SCHOOLCHILDREN. (a) IN GENERAL- In carrying out section 2507 of Public Law 101-171, the Secretary of the Interior, acting through the Commissioner of Reclamation, shall--

      (1) notwithstanding section 2507(b) of Public Law 101-171, provide $2,500,000 to the State of Nevada to purchase water rights from willing sellers and make necessary improvements for Carson Lake and Pasture;

      (2) provide $100,000 to Families in Search of Truth, Fallon, Nevada, for the purchase of bottled water for schoolchildren in Fallon-area schools.

    (b) LIMITATION- The funds specified to be provided in subsection (a)(1) shall only be provided by the Bureau of Reclamation when the title to Carson Lake and Pasture is conveyed to the State of Nevada; the waiver of section 2507(b) of Public Law 101-171 shall only apply to water purchases for Carson Lake and Pasture.

    (c) ADMINISTRATION- The Secretary of the Interior, acting through the Commissioner of Reclamation, may provide financial assistance to State and local public agencies, Indian tribes, nonprofit organizations, and individuals to carry out this section and section 2507 of Public Law 101-171.

TITLE III

DEPARTMENT OF ENERGY

ENERGY PROGRAMS

Energy Supply

    For Department of Energy expenses including the purchase, construction, and acquisition of plant and capital equipment, and other expenses necessary for energy supply activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, and the purchase of not to exceed 12 passenger motor vehicles for replacement only, including two buses; $920,357,000, to remain available until expended, of which $400,000 may be made available to the Office of International Market Development to carry out a program to implement, and serve as an administrative center in support of, the multi-agency Clean Energy Technology Exports Initiative, of which $3,000,000 may be available for the Navajo electrification demonstration program under section 602 of Public Law 106-511 (114 Stat. 2376): Provided, That of the funds made available for the Office of Electricity and Energy Assurance, the Office may provide grants to States and regional organizations to work with system operators, including regional transmission organizations and independent system operators, on transmission system planning. The Office may require that grantees consider a full range of technology and policy options for transmission system planning, including energy efficiency at customer facilities and in transmission equipment, customer demand response, distributed generation and advanced communications and controls: Provided further, That of the funds made available for the Office of Electricity and Energy Assurance, the Office may develop regional training and technical assistance programs for State regulators and system operators to improve operation of the electricity grid.

Non-Defense Site Acceleration Completion

    For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for non-defense environmental management site acceleration activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $171,875,000, to remain available until expended.

Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility decontamination and decommissioning, remedial actions, and other activities of title II of the Atomic Energy Act of 1954 and title X, subtitle A, of the Energy Policy Act of 1992, $396,124,000, to be derived from the Fund, to remain available until expended, of which $26,000,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.

Non-Defense Environmental Services

    For Department of Energy expenses necessary for non-defense environmental services activities conducted as a result of nuclear energy research and development activities that indirectly support the accelerated cleanup and closure mission at environmental management sites, as well as new work scope transferred to the Environmental Management program, including the purchase, construction, and acquisition of plant and capital equipment and other necessary expenses, $302,121,000, to remain available until expended.

Science

    For Department of Energy expenses including the purchase, construction and acquisition of plant and capital equipment, and other expenses necessary for science activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not to exceed 15 passenger motor vehicles for replacement only, including not to exceed one ambulance, $3,360,435,000, to remain available until expended, of which $3,000,000 may be available for a defense and security research center.

Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of Public Law 97-425, as amended, including the acquisition of real property or facility construction or expansion, $140,000,000, to remain available until expended and to be derived from the Nuclear Waste Fund: Provided, That not to exceed $2,500,000 shall be provided to the State of Nevada solely for expenditures, other than salaries and expenses of State employees, to conduct scientific oversight responsibilities and participate in licensing activities pursuant to the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended: Provided further, That $7,000,000 shall be provided to affected units of local governments, as defined in Public Law 97-425, to conduct appropriate activities pursuant to the Act: Provided further, That the distribution of the funds as determined by the units of local government shall be approved by the Department of Energy: Provided further, That the funds for the State of Nevada shall be made available solely to the Nevada Division of Emergency Management by direct payment and units of local government by direct payment: Provided further, That within 90 days of the completion of each Federal fiscal year, the Nevada Division of Emergency Management and the Governor of the State of Nevada and each local entity shall provide certification to the Department of Energy that all funds expended from such payments have been expended for activities authorized by Public Law 97-425 and this Act. Failure to provide such certification shall cause such entity to be prohibited from any further funding provided for similar activities: Provided further, That none of the funds herein appropriated may be: (1) used directly or indirectly to influence legislative action on any matter pending before Congress or a State legislature or for lobbying activity as provided in 18 U.S.C. 1913; (2) used for litigation expenses; or (3) used to support multi-State efforts or other coalition building activities inconsistent with the restrictions contained in this Act: Provided further, That all proceeds and recoveries realized by the Secretary in carrying out activities authorized by the Nuclear Waste Policy Act of 1982, Public Law 97-425, as amended, including but not limited to, any proceeds from the sale of assets, shall be available without further appropriation and shall remain available until expended.

DEPARTMENTAL ADMINISTRATION

Departmental Administration

(INCLUDING TRANSFER OF FUNDS)

    For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the hire of passenger motor vehicles and official reception and representation expenses (not to exceed $35,000), $309,564,000, to remain available until expended, plus such additional amounts as necessary to cover increases in the estimated amount of cost of work for others notwithstanding the provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue increases of the same or greater amount, to remain available until expended: Provided further, That moneys received by the Department for miscellaneous revenues estimated to total $146,668,000 in fiscal year 2004 may be retained and used for operating expenses within this account, and may remain available until expended, as authorized by section 201 of Public Law 95-238, notwithstanding the provisions of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced by the amount of miscellaneous revenues received during fiscal year 2004, and any related unappropriated receipt account balances remaining from prior years’ miscellaneous revenues, so as to result in a final fiscal year 2004 appropriation from the General Fund estimated at not more than $162,896,000: Provided further, That of this amount, sufficient funds shall be available for the Secretary of Energy, not later than 60 days after the last day of the fiscal year, to submit to Congress a report on the amount of acquisitions made by the Department of Energy during such fiscal year of articles, materials, or supplies that were manufactured outside the United States. Such report shall separately indicate the dollar value of any articles, materials, or supplies purchased by the Department of Energy that were manufactured outside the United States, an itemized list of all waivers under the Buy American Act (41 U.S.C. 10a et seq.) that were granted with respect to such articles, materials, or supplies, and a summary of total procurement funds spent on goods manufactured in the United States versus funds spent on goods manufactured outside of the United States. The Secretary of Energy shall make the report publicly available by posting the report on an Internet website.

Office of the Inspector General

    For necessary expenses of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $39,462,000, to remain available until expended.

ATOMIC ENERGY DEFENSE ACTIVITIES

National Nuclear Security Administration

Weapons Activities

    For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense weapons activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; one fixed wing aircraft for replacement only; and the purchase of not to exceed six passenger motor vehicles, of which four shall be for replacement only, including not to exceed two buses; $6,473,814,000, to remain available until expended: Provided, That the Secretary of Energy may use $1,000,000 of available funds to preserve historical sites associated with, and other aspects of the history of, the Manhattan Project: Provided further, That $105,000,000 is authorized to be appropriated for Project 01-D-108, Microsystems and engineering sciences applications (MESA), Sandia National Laboratories, Albuquerque, New Mexico: Provided further, That $3,564,000 is authorized to be appropriated for Project 04-D-103, Project engineering and design (PED), various locations: Provided further, That a plant or construction project for which amounts are made available under this heading in this fiscal year with a current estimated cost of less than $10,000,000 is considered for purposes of section 3622 of Public Law 107-314 as a plant project for which the approved total estimated cost does not exceed the minor construction threshold and for purposes of section 3623 of Public Law 107-314 as a construction project with a current estimated cost of less than the minor construction threshold.

Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, construction and acquisition of plant and capital equipment and other incidental expenses necessary for atomic energy defense, defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $1,340,195,000, to remain available until expended.

Naval Reactors

    For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase, condemnation, construction, or otherwise) of real property, plant, and capital equipment, facilities, and facility expansion, and the purchase of not to exceed one bus; $768,400,000, to remain available until expended.

Office of the Administrator

    For necessary expenses of the Office of the Administrator in the National Nuclear Security Administration, including official reception and representation expenses (not to exceed $12,000), $337,980,000, to remain available until expended.

ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

Defense Site Acceleration Completion

    For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense site acceleration completion activities in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion; $5,770,695,000, to remain available until expended: Provided, That the Secretary of Energy is directed to use $1,000,000 of the funds provided for regulatory and technical assistance to the State of New Mexico, to amend the existing WIPP Hazardous Waste Permit to comply with the provisions of section 310 of this Act.

Defense Environmental Services

    For Department of Energy expenses necessary for defense-related environmental services activities that indirectly support the accelerated cleanup and closure mission at environmental management sites, including the purchase, construction, and acquisition of plant and capital equipment and other necessary expenses, and the purchase of not to exceed one ambulance for replacement only, $987,679,000, to remain available until expended.

Other Defense Activities

    For Department of Energy expenses, including the purchase, construction, and acquisition of plant and capital equipment and other expenses necessary for atomic energy defense, other defense activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation of any real property or any facility or for plant or facility acquisition, construction, or expansion, $492,209,000, to remain available until expended: Provided, That from the funds made available under this heading for transfer to the National Institute for Occupational Safety and Health for epidemiological research, $7,500,000 shall be transferred to include projects to conduct epidemiological research and carry out other activities to establish the scientific link between radiation exposure and the occurrence of chronic lymphocytic leukemia.

Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of Public Law 97-425, as amended, including the acquisition of real property or facility construction or expansion, $285,000,000, to remain available until expended.

POWER MARKETING ADMINISTRATIONS

Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, established pursuant to Public Law 93-454, are approved for official reception and representation expenses in an amount not to exceed $1,500.

    During fiscal year 2004, no new direct loan obligations may be made.

Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, including transmission wheeling and ancillary services, pursuant to the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southeastern power area, $5,100,000, to remain available until expended; in addition, notwithstanding the provision of 31 U.S.C. 3302, up to $34,400,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures.

Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power transmission facilities and of marketing electric power and energy, for construction and acquisition of transmission lines, substations and appurtenant facilities, and for administrative expenses, including official reception and representation expenses in an amount not to exceed $1,500 in carrying out the provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern power area, $28,600,000, to remain available until expended; in addition, notwithstanding 31 U.S.C. 3302, beginning in fiscal year 2004 and thereafter, such funds as are received by the Southwestern Power Administration from any State, municipality, corporation, association, firm, district, or individual as advance payment for work that is associated with Southwestern’s transmission facilities, consistent with that authorized in section 5 of the Flood Control Act, shall be credited to this account and be available until expended: Provided, That notwithstanding the provision of 31 U.S.C. 3302, up to $2,800,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures.

Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration

    For carrying out the functions authorized by title III, section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other related activities including conservation and renewable resources programs as authorized, including official reception and representation expenses in an amount not to exceed $1,500, $177,950,000, to remain available until expended, of which $167,236,000 shall be derived from the Department of the Interior Reclamation Fund: Provided, That of the amount herein appropriated, $6,200,000 is for deposit into the Utah Reclamation Mitigation and Conservation Account pursuant to title IV of the Reclamation Projects Authorization and Adjustment Act of 1992: Provided further, That notwithstanding the provision of 31 U.S.C. 3302, up to $186,100,000 collected by the Western Area Power Administration pursuant to the Flood Control Act of 1944 and the Reclamation Project Act of 1939 to recover purchase power and wheeling expenses shall be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power and wheeling expenditures: Provided further, That the $750,000 that is made available under this heading for a transmission study on the placement of 500 megawatt wind energy in North Dakota and South Dakota may be nonreimbursable: Provided further, That, in accordance with section 203 of the Colorado River Basin Salinity Control Act (43 U.S.C. 1593), electrical power supply and delivery assistance may be provided to the local distribution utility as required to maintain proper voltage levels at the Big Sandy River Diffuse Source Control Unit.

Falcon and Amistad Operating and Maintenance Fund

    For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $2,640,000, to remain available until expended, and to be derived from the Falcon and Amistad Operating and Maintenance Fund of the Western Area Power Administration, as provided in section 423 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995.

Federal Energy Regulatory Commission

SALARIES AND EXPENSES

    For necessary expenses of the Federal Energy Regulatory Commission to carry out the provisions of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles, and official reception and representation expenses (not to exceed $3,000), $199,400,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to exceed $199,400,000 of revenues from fees and annual charges, and other services and collections in fiscal year 2004 shall be retained and used for necessary expenses in this account, and shall remain available until expended: Provided further, That the sum herein appropriated from the General Fund shall be reduced as revenues are received during fiscal year 2004 so as to result in a final fiscal year 2004 appropriation from the General Fund estimated at not more than $0.

Defense Environmental Management Privatization

(RESCISSION)

    Of the funds appropriated in prior Energy and Water Development Appropriation Acts, $15,329,000 of unexpended balances of prior appropriations are rescinded: Provided, That $13,329,000 shall be derived from the Paducah Disposal Facility Privatization (OR-574) and $2,000,000 shall be derived from the Portsmouth Disposal Facility Privatization (OR-674).

GENERAL PROVISIONS

    SEC. 301. (a) None of the funds appropriated by this Act may be used to award a management and operating contract, or a contract for environmental remediation or waste management in excess of $100,000,000 in annual funding at a current or former management and operating contract site or facility, or award a significant extension or expansion to an existing management and operating contract, or other contract covered by this section, unless such contract is awarded using competitive procedures or the Secretary of Energy grants, on a case-by-case basis, a waiver to allow for such a deviation. The Secretary may not delegate the authority to grant such a waiver.

    (b) Within 30 days of formally notifying an incumbent contractor that the Secretary intends to grant such a waiver, the Secretary shall submit to the Subcommittees on Energy and Water Development of the Committees on Appropriations of the House of Representatives and the Senate a report notifying the Subcommittees of the waiver and setting forth, in specificity, the substantive reasons why the Secretary believes the requirement for competition should be waived for this particular award.

    SEC. 302. None of the funds appropriated by this Act may be used to--

      (1) develop or implement a workforce restructuring plan that covers employees of the Department of Energy; or

      (2) provide enhanced severance payments or other benefits for employees of the Department of Energy,

    under section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h).

    SEC. 303. None of the funds appropriated by this Act may be used to augment the $12,321,000 made available for obligation by this Act for severance payments and other benefits and community assistance grants under section 3161 of the National Defense Authorization Act for Fiscal Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department of Energy submits a reprogramming request subject to approval by the appropriate congressional committees.

    SEC. 304. None of the funds appropriated by this Act may be used to prepare or initiate Requests For Proposals (RFPs) for a program if the program has not been funded by Congress.

(TRANSFERS OF UNEXPENDED BALANCES)

    SEC. 305. The unexpended balances of prior appropriations provided for activities in this Act may be transferred to appropriation accounts for such activities established pursuant to this title. Balances so transferred may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund for the same time period as originally enacted.

    SEC. 306. None of the funds in this or any other Act for the Administrator of the Bonneville Power Administration may be used to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory, with the exception of services provided internationally, including services provided on a reimbursable basis, unless the Administrator certifies in advance that such services are not available from private sector businesses.

    SEC. 307. The Administrator of the National Nuclear Security Administration may authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities with respect to the engineering and manufacturing capabilities at such plant in order to maintain and enhance such capabilities at such plant: Provided, That of the amount allocated to a covered nuclear weapons production plant each fiscal year from amounts available to the Department of Energy for such fiscal year for national security programs, not more than an amount equal to 2 percent of such amount may be used for these activities: Provided further, That for purposes of this section, the term ‘covered nuclear weapons production plant’ means the following:

      (1) the Kansas City Plant, Kansas City, Missouri;

      (2) the Y-12 Plant, Oak Ridge, Tennessee;

      (3) the Pantex Plant, Amarillo, Texas;

      (4) the Savannah River Plant, South Carolina; and

      (5) the Nevada Test Site.

    SEC. 308. Funds appropriated by this or any other Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 414) during fiscal year 2004 until the enactment of the Intelligence Authorization Act for fiscal year 2004.

    SEC. 309. None of the funds in this Act may be used to dispose of transuranic waste in the Waste Isolation Pilot Plant which contains concentrations of plutonium in excess of 20 percent by weight for the aggregate of any material category on the date of enactment of this Act, or is generated after such date. For the purposes of this section, the material categories of transuranic waste at the Rocky Flats Environmental Technology Site include: (1) ash residues; (2) salt residues; (3) wet residues; (4) direct repackage residues; and (5) scrub alloy as referenced in the ‘Final Environmental Impact Statement on Management of Certain Plutonium Residues and Scrub Alloy Stored at the Rocky Flats Environmental Technology Site’.

    SEC. 310. (a) The Secretary of Energy is directed to file a permit modification to the Waste Analysis Plan (WAP) and associated provisions contained in the Hazardous Waste Facility Permit for the Waste Isolation Pilot Plant (WIPP). For purposes of determining compliance of the modifications to the WAP with the hazardous waste analysis requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), or other applicable laws waste confirmation for all waste received for storage and disposal shall be limited to (1) confirmation that the waste contains no ignitable, corrosive, or reactive waste through the use of either radiography or visual examination of a statistically representative subpopulation of the waste; and (2) review of the Waste Stream Profile Form to verify that the waste contains no ignitable, corrosive, or reactive waste and that assigned Environmental Protection Agency hazardous waste numbers are allowed for storage and disposal by the WIPP Hazardous Waste Facility Permit.

    (b) Compliance with the disposal room performance standards of the WAP shall be demonstrated exclusively by monitoring airborne volatile organic compounds in underground disposal rooms in which waste has been emplaced until panel closure.

    SEC. 311. Notwithstanding any other provision of law, the material in the concrete silos at the Fernald uranium processing facility currently managed by the Department of Energy shall be considered ‘byproduct material’ as defined by section 11e.(2) of the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014(e)(2)). The Nuclear Regulatory Commission or an Agreement State, as appropriate, shall regulate the material as ‘11e.(2) by-product material’ in the event that the Department of Energy proposes to dispose of the material in an NRC-regulated or Agreement State-regulated facility.

    SEC. 312. CORPS OF ENGINEERS HYDROPOWER OPERATION AND MAINTENANCE FUNDING. (a) Notwithstanding 31 U.S.C. 3302 and the last sentence of section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s) and subject to (d), the Secretary of Energy shall collect fees, as offsetting collections, in the amount of $145,000,000, pursuant to those acts which authorize Southeastern Power Administration, Southwestern Power Administration, and Western Power Administration to collect revenues for power provided. The Secretary of Energy shall make the collection available to the Secretary of the Army hereafter referred to as ‘the Secretary’.

    (b) The Secretary shall accept funds made available pursuant to subsection (a) and shall use such funds for Construction, General. The funds provided under this section shall remain available until expended.

    (c) Subsection (b) of this section shall be carried out in consultation with preference customers under Federal law to the marketing of power.

    (d) This section shall become effective only upon the enactment of authorizing legislation changing the nature of receipts collected by Southeastern Power Administration, Southwestern Power Administration, and the Western Area Power Administration by making the collection of not less than $145,000,000 of such receipts in fiscal year 2004 subject to approval in an annual appropriations Act.

    SEC. 313. No funds appropriated or otherwise made available to the Department of Energy by this Act may be available for activities at the engineering development phases, phase 3 or 6.3, or beyond, in support of advanced nuclear weapons concepts, including the robust nuclear earth penetrator.

    SEC. 314. No funds appropriated or otherwise made available under this title under the heading ‘ATOMIC ENERGY DEFENSE ACTIVITIES’ may be obligated or expended for additional and exploratory studies under the Advanced Concepts Initiative until 30 days after the date on which the Administrator for Nuclear Security submits to Congress a detailed report on the planned activities for additional and exploratory studies under the initiative for fiscal year 2004. The report shall be submitted in unclassified form, but may include a classified annex.

    SEC. 315. MARTIN’S COVE LEASE. (a) DEFINITIONS- In this section:

      (1) BUREAU OF LAND MANAGEMENT- The term ‘Bureau of Land Management’, hereafter referred to as the ‘BLM’, means an agency of the Department of the Interior.

      (2) CORPORATION- The term ‘Corporation’ means the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, located at 50 East North Temple Street, Salt Lake City, Utah.

      (3) MARTIN’S COVE- The term ‘Martin’s Cove’ means the area, consisting of approximately 940 acres of public lands in Natrona County, Wyoming as depicted on the Martin’s Cove map numbered MC-001.

      (4) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

    (b) LEASE-

      (1) IN GENERAL- Not later than 120 days after the date of enactment of this Act, the Secretary may enter into an agreement with the Corporation to lease, for a term of 25 years, approximately 940 acres of Federal land depicted on the Martin’s Cove map MC-001. The Corporation shall retain the right of ingress and egress in, from and to any part of the leasehold for its use and management as an important historical site.

      (2) TERMS AND CONDITIONS-

        (A) SURVEY- As a condition of the agreement under paragraph (1), the Corporation shall provide a boundary survey to the Secretary, acceptable to the Corporation and the Secretary, of the parcels of land to be leased under paragraph (1).

        (B) ACCESS-

          (i) IN GENERAL- The Secretary and the Corporation shall enter into a lease covenant, binding on any successor or assignee that ensures that, consistent with the historic purposes of the site, public access will be provided across private land owned by the Corporation to Martin’s Cove and Devil’s Gate. Access shall--

            (I) ensure public visitation for historic, educational and scenic purposes through private lands owned by the Corporation to Martin’s Cove and Devil’s Gate;

            (II) provide for public education, ecologic and preservation at the Martin’s Cove site;

            (III) be provided to the public without charge; and

            (IV) permit the Corporation, in consultation with the BLM, to regulate entry as may be required to protect the environmental and historic values of the resource at Martin’s Cove or at such times as necessitated by weather conditions, matters of public safety and nighttime hours.

        (C) IMPROVEMENTS- The Corporation may, upon approval of the BLM, improve the leasehold as may become necessary from time to time in order to accommodate visitors to the leasehold.

        (D) ARCHAEOLOGICAL PRESERVATION- The Corporation shall have the obligation to protect and maintain any historical or archaeological artifacts discovered or otherwise identified at Martin’s Cove.

        (E) VISITATION GUIDELINES- The Corporation may establish, in consultation with the BLM, visitation guidelines with respect to such issues as firearms, alcoholic beverages, and controlled substances and conduct consistent with the historic nature of the resource, and to protect public health and safety.

        (F) NO ABRIDGEMENT- The lease shall not be subject to abridgement, modification, termination, or other taking in the event any surrounding area is subsequently designated as a wilderness or other protected areas. The lease shall contain a provision limiting the ability of the Secretary from administratively placing Martin’s Cove in a restricted land management status such as a Wilderness Study Area.

        (G) RIGHT OF FIRST REFUSAL- The Corporation shall be granted a right of first refusal to lease or otherwise manage Martin’s Cove in the event the Secretary proposes to lease or transfer control or title of the land to another party.

        (H) FAIR MARKET VALUE LEASE PAYMENTS- The Corporation shall make lease payments which reflect the fair market rental value of the public lands to be leased, provided however, such lease payments shall be offset by value of the public easements granted by the Corporation to the Secretary across private lands owned by the Corporation for access to Martin’s Cove and Devil’s Gate.

        (I) RENEWAL- The Secretary may offer to renew such lease on terms which are mutually acceptable to the parties.

    (c) MINERAL WITHDRAWAL- The Secretary shall retain the subsurface mineral estate under the leasehold, provided that the leased lands shall be withdrawn from all forms of entry, appropriations, or disposal under the public land laws and disposition under all laws relating to oil and gas leasing.

    (d) NO PRECEDENT SET- This Act does not set a precedent for the terms and conditions of leases between or among private entities and the United States.

    (e) VALID AND EXISTING RIGHTS- The Lease provided for under this section shall be subject to valid existing rights with respect to any lease, right-of-way, permit, or other valid existing rights to which the property is subject.

    (f) AVAILABILITY OF MAP- The Secretary shall keep the map identified in this section on file and available for public inspection in the Casper District Office of the BLM in Wyoming and the State Office of the BLM, Cheyenne, Wyoming.

    (g) NEPA COMPLIANCE- The Secretary shall comply with the provisions of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out this section.

    SEC. 316. (a) MEMORANDUM OF AGREEMENT- Not later than 45 days after the date of enactment of this Act, the Secretary of Energy and the Secretary of Labor shall enter into a Memorandum of Agreement (referred to in this section as the ‘MOA’) under which the Secretary of Labor shall agree to provide technical and managerial assistance pursuant to subtitle D of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385o et seq.).

    (b) REQUIREMENT- Under the MOA entered into under subsection (a), the Secretary of Labor shall, not later than 90 days after the date of enactment of this Act, assume management and operational responsibility for the development and preparation of claims filed with the Department of Energy under subtitle D of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385o et seq.), consistent with the regulations under part 852 of title 10, Code of Federal Regulations, including the development of information necessary for the informed consideration of such claims by a physicians panel (which shall include work histories, medical records, and exposure assessments with respect to toxic substances).

    (c) PROCUREMENT OF SERVICES- The Secretary of Labor may procure temporary services in carrying out the duties of the Secretary under the MOA.

    (d) DUTIES OF SECRETARY OF ENERGY- Under the MOA entered into under subsection (a), the Secretary of Energy shall--

      (1) consistent with subtitle D of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385o et seq.), manage physician panels and secure necessary records in response to requests from the Secretary of Labor; and

      (2) subject to the availability of appropriations, transfer funds pursuant to requests by the Secretary of Labor.

    (e) SUBMISSION TO CONGRESS- The MOA entered into under subsection (a) shall be submitted to the appropriate committees of Congress and made available to the general public in both printed and electronic forms.

    SEC. 317. Reinstatement and Transfer of the Federal License for Project No. 2696. (a) DEFINITIONS-

      (1) COMMISSION- The term ‘Commission’ means the Federal Energy Regulatory Commission.

      (2) TOWN- The term ‘town’ means the town of Stuyvesant, New York, the holder of Federal Energy Regulatory Commission Preliminary Permit No. 11787.

    (b) REINSTATEMENT AND TRANSFER- Notwithstanding section 8 of the Federal Power Act (16 U.S.C. 801) or any other provision of that Act, the Commission shall, not later than 30 days after the date of enactment of this Act--

      (1) reinstate the license for Project No. 2696; and

      (2) transfer the license to the town.

    (c) HYDROELECTRIC INCENTIVES- Project No. 2696 shall be entitled to the full benefit of any Federal law that--

      (1) promotes hydroelectric development; and

      (2) that is enacted within 2 years before or after the date of enactment of this Act.

    (d) CO-LICENSEE- Notwithstanding the issuance of a preliminary permit to the town and any consideration of municipal preference, the town may at any time add as a co-licensee to the reinstated license a private or public entity.

    (e) PROJECT FINANCING- The town may receive loans under sections 402 and 403 of the Public Utility Regulatory Policies Act of 1978 (16 U.S.C. 2702, 2703) or similar programs for the reimbursement of the costs of any feasibility studies and project costs incurred during the period beginning on January 1, 2001 and ending on December 31, 2006.

    (f) ENERGY CREDITS- Any power produced by the project shall be deemed to be incremental hydropower for purposes of qualifying for energy credits or similar benefits.

    SEC. 318. REPORT ON EXPENDITURES FOR THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION ACT. Not later than 180 days after the date of enactment of this Act, the Secretary of Energy shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives a report on administrative expenditures of the Secretary for the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.).

TITLE IV

INDEPENDENT AGENCIES

Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the Appalachian Regional Development Act of 1965, as amended, for necessary expenses for the Federal Co-Chairman and the alternate on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission, including services as authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, $71,145,000, to remain available until expended.

Defense Nuclear Facilities Safety Board

SALARIES AND EXPENSES

    For necessary expenses of the Defense Nuclear Facilities Safety Board in carrying out activities authorized by the Atomic Energy Act of 1954, as amended by Public Law 100-456, section 1441, $19,559,000, to remain available until expended.

Delta Regional Authority

SALARIES AND EXPENSES

    For necessary expenses of the Delta Regional Authority and to carry out its activities, as authorized by the Delta Regional Authority Act of 2000, as amended, notwithstanding sections 382C(b)(2), 382F(d), and 382M(b) of said Act, $7,000,000, to remain available until expended.

Denali Commission

    For expenses of the Denali Commission including the purchase, construction and acquisition of plant and capital equipment as necessary and other expenses, $48,500,000, to remain available until expended.

Nuclear Regulatory Commission

SALARIES AND EXPENSES

    For necessary expenses of the Commission in carrying out the purposes of the Energy Reorganization Act of 1974, as amended, and the Atomic Energy Act of 1954, as amended, including official representation expenses (not to exceed $15,000), and purchase of promotional items for use in the recruitment of individuals for employment, $618,800,000, to remain available until expended: Provided, That of the amount appropriated herein, $33,100,000 shall be derived from the Nuclear Waste Fund: Provided further, That revenues from licensing fees, inspection services, and other services and collections estimated at $538,844,000 in fiscal year 2004 shall be retained and used for necessary salaries and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall remain available until expended: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2004 so as to result in a final fiscal year 2004 appropriation estimated at not more than $79,956,000.

Office of Inspector General

    For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $7,300,000, to remain available until expended: Provided, That revenues from licensing fees, inspection services, and other services and collections estimated at $6,716,000 in fiscal year 2004 shall be retained and be available until expended, for necessary salaries and expenses in this account notwithstanding 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced by the amount of revenues received during fiscal year 2004 so as to result in a final fiscal year 2004 appropriation estimated at not more than $584,000.

Nuclear Waste Technical Review Board

SALARIES AND EXPENSES

    For necessary expenses of the Nuclear Waste Technical Review Board, as authorized by Public Law 100-203, section 5051, $3,177,000, to be derived from the Nuclear Waste Fund, and to remain available until expended.

TITLE V

GENERAL PROVISIONS

    SEC. 501. None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.

    SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- It is the sense of the Congress that, to the greatest extent practicable, all equipment and products purchased with funds made available in this Act should be American-made.

    (b) NOTICE REQUIREMENT- In providing financial assistance to, or entering into any contract with, any entity using funds made available in this Act, the head of each Federal agency, to the greatest extent practicable, shall provide to such entity a notice describing the statement made in subsection (a) by the Congress.

    (c) PROHIBITION OF CONTRACTS WITH PERSONS FALSELY LABELING PRODUCTS AS MADE IN AMERICA- If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a ‘Made in America’ inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

    SEC. 503. CLARIFICATION OF INDEMNIFICATION TO PROMOTE ECONOMIC DEVELOPMENT. (a) Subsection (b)(2) of section 3158 of the National Defense Authorization Act for Fiscal Year 1998 (42 U.S.C. 7274q(b)(2)) is amended by adding the following after subparagraph (C):

        ‘(D) Any successor, assignee, transferee, lender, or lessee of a person or entity described in subparagraphs (A) through (C).’.

    (b) The amendment made by section 506, as amended by this section, is effective as of the date of enactment of the National Defense Authorization Act for Fiscal Year 1998.

    This Act may be cited as the ‘Energy and Water Development Appropriations Act, 2004’.

Attest:

Secretary.

108th CONGRESS

1st Session

H. R. 2754

AMENDMENT