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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2754 Enrolled Bill (ENR)]

        H.R.2754

                       One Hundred Eighth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the seventh day of January, two thousand and three

                                 An Act

 
 Making appropriations for energy and water development for the fiscal 
         year ending September 30, 2004, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 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, 
aquatic ecosystem restoration, 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, aquatic ecosystem restoration, and related projects, 
restudy of authorized projects, miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies and plans and 
specifications of projects prior to construction, $116,949,000, to 
remain available until expended: Provided, That for the Ohio 
Riverfront, Cincinnati, Ohio, project, the cost of planning and design 
undertaken by non-Federal interests shall be credited toward the non-
Federal share of project design costs: Provided further, 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 
$100,000 for the continuation and completion of feasibility studies of 
Kihei Beach, Maui, Hawaii: Provided further, That 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, aquatic ecosystem restoration, and related projects 
authorized by law; 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), $1,722,319,000, to remain available until expended, of 
which such sums as are necessary to cover 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 Lock and Dam 11, Mississippi River, Iowa; Lock 
and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi 
River, Illinois and Missouri; and Lock and Dam 3, Mississippi River, 
Minnesota: 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 $750,000 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 the 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 proceed with the construction of the New York 
and New Jersey Harbor project, 50-foot deepening element, upon 
execution of the Project Cooperation Agreement: Provided further, That 
no funds made available under this Act or any other Act for any fiscal 
year may be used by the Secretary of the Army to carry out the 
construction of the Port Jersey element of the New York and New Jersey 
Harbor or reimbursement to the Local Sponsor for the construction of 
the Port Jersey element until commitments for construction of container 
handling facilities are obtained from the non-Federal sponsor for a 
second user along the Port Jersey element: Provided further, That funds 
appropriated in this Act for the preservation and restoration of the 
Florida Everglades shall be made available for expenditure unless: (1) 
the Secretary of the Army, not later than 30 days after the date of 
enactment of this Act, transmits to the State of Florida and the 
Committees on Appropriations of the House of Representatives and the 
Senate a report containing a finding and supporting materials 
indicating that the waters entering the A.R.M. Loxahatchee National 
Wildlife Refuge and Everglades National Park do not meet the water 
quality requirements set forth in the Consent Decree entered in United 
States v. South Florida Water Management District; (2) the State fails 
to submit a satisfactory plan to bring the waters into compliance with 
the water quality requirements within 45 days of the date of the 
report; (3) the Secretary transmits to the State and the Committees a 
follow-up report containing a finding that the State has not submitted 
such a plan; and (4) either the Committee on Appropriations of the 
House of Representatives or the Senate issues a written notice 
disapproving of further expenditure of the funds: Provided further, 
That the Secretary of the Army shall provide the State of Florida with 
notice and an opportunity to respond to any determination of the 
Secretary under the preceding proviso before the determination becomes 
final: 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 $5,400,000 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 use $33,400,000 of the funds appropriated 
herein for the Clover Fork, City of Cumberland, Town of Martin, Pike 
County (including Levisa Fork and Tug Fork Tributaries), Bell County, 
Harlan County in accordance with the Draft Detailed Project Report 
dated January 2002, Floyd County, Martin County, Johnson County, and 
Knox County, Kentucky, detailed project report, elements of the Levisa 
and Tug Forks of the Big Sandy River and Upper Cumberland River: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, 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 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: Provided 
further, That 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: Provided further, That 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: Provided 
further, That 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: Provided further, That the non-Federal sponsors may 
meet their 50 percent matching cost share through in-kind services: 
Provided further, 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: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to construct the Miami Harbor project, 
as recommended in the Miami Harbor Letter Report dated August 2002, as 
revised February 2003: Provided further, That using $500,000 of the 
funds appropriated herein, the Secretary of the Army, acting through 
the Chief of Engineers, is authorized and directed to plan, design, and 
initiate reconstruction of the Cape Girardeau, Missouri, project, 
originally authorized by the Flood Control Act of 1950, at an estimated 
total cost of $9,000,000, with cost sharing on the same basis as cost 
sharing for the project as originally authorized, if the Secretary 
determines that the reconstruction is technically sound and 
environmentally acceptable: Provided further, That the planned 
reconstruction shall be based on the most cost-effective engineering 
solution and shall require no further economic justification: 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.

  Flood Control, Mississippi River and Tributaries, Arkansas, Illinois, 
       Kentucky, Louisiana, Mississippi, Missouri, and Tennessee

    For expenses necessary for the flood damage reduction program for 
the Mississippi River alluvial valley below Cape Girardeau, Missouri, 
as authorized by law, $324,222,000, 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 operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects; for providing security for 
infrastructure owned and operated by, or on behalf of, the United 
States Army Corps of Engineers, including administrative buildings and 
facilities, laboratories, and the Washington Aqueduct; for the 
maintenance of harbor channels provided by a State, municipality, or 
other public agency that serve essential navigation needs of general 
commerce, where authorized by law; and for surveys and charting of 
northern and northwestern lakes and connecting waters, clearing and 
straightening channels, and removal of obstructions to navigation, 
$1,967,925,000, 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 for the United States Army 
Corps of Engineers established by the Land and Water Conservation Act 
of 1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from that 
account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the areas at 
which outdoor recreation is available; and of which such sums as become 
available under section 217 of the Water Resources Development Act of 
1996, Public Law 104-303, shall be used to cover the cost of operation 
and maintenance of the dredged material disposal facilities for which 
fees have been collected: 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 
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 dredged material along the Laguna 
Madre portion of the Gulf Intracoastal Waterway except at the placement 
areas specified in the Dredged Material Management Plan in section 2.11 
of the Final Environmental Impact Statement for Maintenance Dredging of 
the Gulf Intracoastal Waterway, Laguna Madre, Texas, Nueces, Kleberg, 
Kenedy, Willacy, and Cameron Counties, Texas, prepared by the Corps of 
Engineers dated September 2003: Provided further, That nothing in the 
above proviso shall prevent the Corps of Engineers from performing 
necessary maintenance operations along the Gulf Intracoastal Waterway 
if the following conditions are met: if the Corps proposes to use any 
placement areas that are not currently specified in the Dredged 
Material Management Plan and failure to use such alternative placement 
areas will result in the closure of any segment of the Gulf 
Intracoastal Waterway, then such proposal shall be analyzed in an 
Environmental Impact Statement (EIS) and comply with all other 
applicable requirements of the National Environmental Policy Act, 42 
U.S.C. 4321, et seq., and all other applicable State and Federal laws, 
including the Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered 
Species Act, 16 U.S.C. 1531 et seq., and the Coastal Zone Management 
Act, 16 U.S.C. 1451 et seq.: Provided further, That $15,000,000 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: Provided further, That the Secretary of the Army is directed 
to use $75,000 of the funds appropriated herein to remove the weir 
feature of the project for flood damage reduction, Mayfield Creek and 
Tributaries, Kentucky, constructed pursuant to section 205 of the Flood 
Control Act of 1948 (33 U.S.C. 701s), without any further environmental 
or economic analysis or study: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed to use 
$250,000 of the funds appropriated herein for sediment removal and dam 
repair at Junaluska, North Carolina.

                            Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $140,000,000, to remain 
available until expended.

             Formerly Utilized Sites Remedial Action Program

    For expenses necessary to clean up contamination from sites in 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 civil 
works functions in the headquarters of the United States Army Corps of 
Engineers, the offices of the Division Engineers, the Humphreys 
Engineer Center Support Activity, the Institute for Water Resources, 
the United States Army Engineer Research and Development Center, and 
the United States Army Corps of Engineers 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 or any other Act 
may be used by the United States Army Corps of Engineers to support 
activities related to the proposed Ridge Landfill in Tuscarawas County, 
Ohio.
    Sec. 103. 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. 104. None of the funds appropriated in this or any other Act 
may be used by the United States Army Corps of Engineers to support 
activities related to the proposed Indian Run Sanitary Landfill in 
Sandy Township, Stark County, Ohio.
    Sec. 105. 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.

         naming of lock and dam 3, allegheny river, pennsylvania

    Sec. 106. (a) Designation.--Lock and dam numbered 3 on the 
Allegheny River, Pennsylvania, shall be known and designated as the 
``C.W. Bill Young Lock and Dam''.
    (b) Legal References.--A reference in any law, regulation, 
document, record, map, or other paper of the United States to the lock 
and dam referred to in subsection (a) shall be deemed to be a reference 
to the ``C.W. Bill Young Lock and Dam''.
    Sec. 107. The Secretary of the Army may utilize continuing 
contracts in carrying out the studying, planning, or designing of a 
water resources project prior to the authorization of the project for 
construction.
    Sec. 108. The Secretary  is authorized to remove and dispose of oil 
bollards and associated debris in Burlington Harbor, Vermont.
    Sec. 109. Kake Dam Replacement, Kake, Alaska Technical Corrections. 
Section 105, Public Law 106-377, is amended by striking ``$7,000,000'' 
and inserting ``$11,000,000 at full Federal expense''.
    Sec. 110. 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. 111. (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. 112. 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. 113. 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. 114. Section 214(a) of Public Law 106-541 is amended by 
striking ``2003'' and inserting ``2005''.
    Sec. 115. 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. 116. 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.
    Sec. 117. 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. 118. Section 560(f) of Public Law 106-53 is amended by 
striking ``$5,000,000'' and inserting ``$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 is authorized for 
    wastewater infrastructure, Coronado, California.''.
    Sec. 120. 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. 121. 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. 122. Schuylkill River Park, Philadelphia, Pennsylvania. The 
Secretary of the Army shall 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 February 2003 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. 123. Gwynns Falls Watershed, Baltimore, Maryland. The 
Secretary of the Army shall 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. 124. 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 shall 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. 125. Flood Damage Reduction, Mill Creek, Cincinnati, Ohio. The 
Secretary of the Army is directed to complete the General Reevaluation 
Report on the Mill Creek, Ohio, project within 15 months of enactment 
of this Act at 100 percent Federal cost. The report shall provide plans 
for flood damage reduction throughout the basin equivalent to and 
commensurate with that afforded by the authorized, partially 
implemented, Mill Creek, Ohio, Flood Damage Reduction Project, as 
authorized in section 201 of the Flood Control Act of 1970 (Public Law 
91-611).
    Sec. 126. Lakes Marion and Moultrie, South Carolina. Section 
219(f)(25) of the Water Resources Development Act of 1992 (113 Stat. 
336; 114 Stat. 2763A-220) is amended--
        (1) by striking ``$15,000,000'' and inserting ``$35,000,000''; 
    and
        (2) by inserting ``wastewater treatment and'' before ``water 
    supply''.
    Sec. 127. Section 219(f) of the Water Resources Development Act of 
1992 (106 Stat. 4835; 113 Stat. 335-337; 114 Stat. 2763A-220-221) is 
amended by adding at the end the following: ``Charleston, South 
Carolina.--$5,000,000 for wastewater infrastructure, including 
wastewater collection systems, Charleston, South Carolina.''.
    Sec. 128. American River Watershed, California. (a) In General.--
The Secretary of the Army is authorized to carry out the project for 
flood damage reduction and environmental restoration, American River 
Watershed, California, substantially in accordance with the plans, and 
subject to the conditions, described in the Report of the Chief of 
Engineers dated November 5, 2002, at a total cost of $257,300,000, with 
an estimated Federal cost of $201,200,000 and an estimated non-Federal 
cost of $56,100,000; except that the Secretary is authorized to accept 
funds from State and local governments and other Federal agencies for 
the purpose of constructing a permanent bridge instead of the temporary 
bridge described in the recommended plan and may construct such 
permanent bridge if all additional costs for such bridge, above the 
$36,000,000 provided for in the recommended plan for bridge 
construction, are provided by such governments or agencies.
    (b) Expediting Bridge Design and Construction.--The Secretary, in 
cooperation with appropriate non-Federal interests, shall immediately 
commence appropriate studies for, and the design of, a permanent bridge 
(including an evaluation of potential impacts of bridge construction on 
traffic patterns and identification of alternatives for mitigating such 
impacts) and, upon execution of a cost-sharing agreement with such non-
Federal interests, shall proceed to construction of the bridge as soon 
as practicable; except that such studies, design, and construction 
shall not adversely affect the schedule of design or construction of 
authorized projects for flood damage reduction.
    Sec. 129. American and Sacramento Rivers, California. The project 
for flood damage reduction, American and Sacramento Rivers, California, 
authorized by section 101(a)(1) of the Water Resources Development Act 
of 1996 (110 Stat. 3662-3663) and modified by section 366 of the Water 
Resources Development Act of 1999 (113 Stat. 319-320), is further 
modified to direct the Secretary to carry out the project, at a total 
cost of $205,000,000.
    Sec. 130. Placer and El Dorado Counties, California. (a) 
Establishment of Program.--The Secretary of the Army may establish a 
program to provide environmental assistance to non-Federal interests in 
Placer and El Dorado Counties, California.
    (b) Form of Assistance.--Assistance under this section may be in 
the form of design and construction assistance to improve the 
efficiency and use of existing water supplies in Placer and El Dorado 
Counties through water and wastewater projects, programs, and 
infrastructure.
    (c) Ownership Requirement.--The Secretary may provide assistance 
for a project under this section only if the project is publicly owned.
    (d) Partnership Agreements.--
        (1) In general.--Before providing assistance under this 
    section, the Secretary shall enter into a partnership agreement 
    with a non-Federal interest to provide for design and construction 
    of the project to be carried out with the assistance.
        (2) Requirements.--Each partnership agreement entered into 
    under this subsection shall provide for the following:
            (A) Plan.--Development by the Secretary, in consultation 
        with appropriate Federal and State officials, of a facilities 
        or resource protection and development plan, including 
        appropriate engineering plans and specifications.
            (B) Legal and institutional structures.--Establishment of 
        such legal and institutional structures as are necessary to 
        ensure the effective long-term operation of the project by the 
        non-Federal interest.
        (3) Cost sharing.--
            (A) In general.--The Federal share of the project costs 
        under each partnership agreement entered into under this 
        subsection shall be 75 percent. The Federal share may be in the 
        form of grants or reimbursements of project costs.
            (B) Credit for work.--The non-Federal interests shall 
        receive credit for the reasonable cost of design work on a 
        project completed by the non-Federal interest before entering 
        into a partnership agreement with the Secretary for such 
        project.
            (C) Credit for interest.--In case of a delay in the funding 
        of the non-Federal share of a project that is the subject of an 
        agreement under this section, the non-Federal interest shall 
        receive credit for reasonable interest incurred in providing 
        the non-Federal share of the project's costs.
            (D) Land, easements, and rights-of-way credit.--The non-
        Federal interest shall receive credit for land, easements, 
        rights-of-way, and relocations toward the non-Federal share of 
        project costs (including all reasonable costs associated with 
        obtaining permits necessary for the construction, operation, 
        and maintenance of the project on publicly owned or controlled 
        land), but not to exceed 25 percent of total project costs.
            (E) Operation and maintenance.--The non-Federal share of 
        operation and maintenance costs for projects constructed with 
        assistance provided under this section shall be 100 percent.
    (e) Applicability of Other Federal and State Laws.--Nothing in this 
section waives, limits, or otherwise affects the applicability of any 
provision of Federal or State law that would otherwise apply to a 
project to be carried out with assistance provided under this section.
    (f) Nonprofit Entities.--Notwithstanding section 221(b) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project 
undertaken under this section, a non-Federal interest may include a 
nonprofit entity with the consent of the affected local government.
    (g) Corps of Engineers Expenses.--Ten percent of the amounts 
appropriated to carry out this section may be used by the Corps of 
Engineers district offices to administer projects under this section at 
100 percent Federal expense.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $40,000,000. Such sums shall 
remain available until expended.
    Sec. 131. Sacramento Area, California. Section 219(f)(23) of the 
Water Resources Development Act of 1992 (106 Stat. 4835-4836; 113 Stat. 
336) is amended by striking ``$25,000,000'' and inserting 
``$35,000,000''.
    Sec. 132. Upper Klamath Basin, California. (a) Definition of Upper 
Klamath Basin.--In this section, the term ``Upper Klamath Basin'' means 
the counties of Klamath, Oregon, and Siskiyou and Modoc, California.
    (b) Establishment of Program.--The Secretary of the Army may 
establish a program to provide environmental assistance to non-Federal 
interests in the Upper Klamath Basin.
    (c) Form of Assistance.--Assistance under this section may be in 
the form of design and construction assistance to improve the 
efficiency and use of existing water supplies in the Upper Klamath 
Basin through water and wastewater and ecosystem restoration projects, 
programs, and infrastructure.
    (d) Ownership Requirement.--The Secretary may provide assistance 
for a project under this section only if the project is publicly owned.
    (e) Partnership Agreements.--
        (1) In general.--Before providing assistance under this 
    section, the Secretary shall enter into a partnership agreement 
    with a non-Federal interest to provide for design and construction 
    of the project to be carried out with the assistance.
        (2) Requirements.--Each partnership agreement entered into 
    under this subsection shall provide for the following:
            (A) Plan.--Development by the Secretary, in consultation 
        with appropriate Federal and State officials, of a facilities 
        or resource protection and development plan, including 
        appropriate engineering plans and specifications.
            (B) Legal and institutional structures.--Establishment of 
        such legal and institutional structures as are necessary to 
        ensure the effective long-term operation of the project by the 
        non-Federal interest.
        (3) Cost sharing.--
            (A) In general.--The Federal share of the project costs 
        under each partnership agreement entered into under this 
        subsection shall be 75 percent. The Federal share may be in the 
        form of grants or reimbursements of project costs.
            (B) Credit for work.--The non-Federal interests shall 
        receive credit for the reasonable cost of design work on a 
        project completed by the non-Federal interest before entering 
        into a partnership agreement with the Secretary for such 
        project.
            (C) Credit for interest.--In case of a delay in the funding 
        of the non-Federal share of a project that is the subject of an 
        agreement under this section, the non-Federal interest shall 
        receive credit for reasonable interest incurred in providing 
        the non-Federal share of the project's costs.
            (D) Land, easements, and rights-of-way credit.--The non-
        Federal interest shall receive credit for land, easements, 
        rights-of-way, and relocations toward the non-Federal share of 
        project costs (including all reasonable costs associated with 
        obtaining permits necessary for the construction, operation, 
        and maintenance of the project on publicly owned or controlled 
        land), but not to exceed 25 percent of total project costs.
            (E) Operation and maintenance.--The non-Federal share of 
        operation and maintenance costs for projects constructed with 
        assistance provided under this section shall be 100 percent.
    (f) Applicability of Other Federal and State Laws.--Nothing in this 
section waives, limits, or otherwise affects the applicability of any 
provision of Federal or State law that would otherwise apply to a 
project to be carried out with assistance provided under this section.
    (g) Nonprofit Entities.--Notwithstanding section 221(b) of the 
Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b)), for any project 
undertaken under this section, a non-Federal interest may include a 
nonprofit entity with the consent of the affected local government.
    (h) Corps of Engineers Expenses.--Ten percent of the amounts 
appropriated to carry out this section may be used by the Corps of 
Engineers district offices to administer projects under this section at 
100 percent Federal expense.
    (i) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $25,000,000. Such sums shall 
remain available until expended.
    Sec. 133. Additional Assistance for Critical Projects. Section 
219(f) of the Water Resources Development Act of 1992 (106 Stat. 4835; 
113 Stat. 335-337; 114 Stat. 2763A-220-221) is amended by adding at the 
end the following:
        ``(71) Placer and el dorado counties, california.--$35,000,000 
    to improve the efficiency and use of existing water supplies in 
    Placer and El Dorado Counties, California, through water and 
    wastewater projects, programs, and infrastructure.
        ``(72) Lassen, plumas, butte, sierra, and nevada counties, 
    california.--$25,000,000 to improve the efficiency and use of 
    existing water supplies in the counties of Lassen, Plumas, Butte, 
    Sierra, and Nevada, California, through water and waste water 
    projects, programs, and infrastructure.''.
    Sec. 134. Bridge Authorization. There is authorized to be 
appropriated $30,000,000 for the construction of the permanent bridge 
described in section 128(a).
    Sec. 135. Section 504(a)(2) of the Water Resources Development Act 
of 1999 (113 Stat. 338) is amended by striking ``Kehly Run Dam'' and 
inserting ``Kehly Run Dams''.
    Sec. 136. The McClellan-Kerr Arkansas River navigation project, 
authorized under the comprehensive plan for the Arkansas River Basin by 
section 3 of the Act entitled ``An Act authorizing the construction of 
certain public works on rivers and harbors for flood control, and for 
other purposes'', approved June 28, 1938 (52 Stat. 1218) and section 10 
of the Flood Control Act of 1946 (60 Stat. 647) and where applicable 
the provisions of the River and Harbor Act of 1946 (60 Stat. 634) and 
modified by section 108 of the Energy and Water Development 
Appropriations Act, 1988 (101 Stat. 1329-112), is further modified to 
authorize a project depth of 12 feet.
    Sec. 137. The Secretary shall provide credit to the non-Federal 
sponsor for preconstruction engineering and design work performed by 
the non-Federal sponsor for the environmental dredging project at 
Ashtabula River, Ohio, prior to execution of a Project Cooperation 
Agreement.
    Sec. 138. Gateway Point, North Tonawanda, New York. The Secretary 
shall review the shoreline stabilization, recreation, and public access 
components of the feasibility report for waterfront development at 
Gateway Point, North Tonawanda, New York, entitled ``City of North 
Tonawanda, Gateway Point Feasibility'', dated February 6, 2003, and 
prepared by the non-Federal interest and, if the Secretary determines 
that those components meet the evaluation and design standards of the 
Corps of Engineers and that the components are feasible, may carry out 
the components at a Federal cost not to exceed $3,300,000.
    Sec. 139. Chicago River and Harbor Illinois. Those portions of the 
projects for navigation, Chicago River and Chicago Harbor, authorized 
by the River and Harbor Act of March 3, 1899, (30 Stat. 1129) extending 
50 feet riverward of the existing dock wall on the south side of the 
channel from Lake Street to Franklin Street and 25 feet riverward of 
the existing dock wall on the south side of the channel from Franklin 
Street to Wabash Avenue, and those areas within 20 feet of the bridge 
abutments on the south side of the channel for the length of the 
protection bridge piers from the Franklin Street Bridge to the Michigan 
Avenue Bridge shall no longer be authorized after the date of enactment 
of this Act.
    Sec. 140. San Francisco, California. Capital Improvement Project.--
        (1) Establishment of office.--The Secretary shall establish a 
    centralized office at the office of the district engineer, San 
    Francisco, California, for the use of all Federal and State 
    agencies that are or will be involved in issuing permits and 
    conducting environmental reviews for the capital improvement 
    project to repair and upgrade the water supply and delivery system 
    for the city of San Francisco.
        (2) Contributions.--The Secretary may use the authority under 
    section 214 of the Water Resources Development Act of 2000 (33 
    U.S.C. 2201 note) for the project described in paragraph (1).
        (3) Protection of impartial decisionmaking.--In carrying out 
    this section, the Secretary and the heads of Federal agencies 
    receiving funds under such section 214 for the project described in 
    paragraph (1) shall ensure that the use of the funds accepted under 
    such section for such project will not impact impartial decision 
    making with respect to the issuance of permits, either 
    substantively or procedurally, or diminish, modify, or otherwise 
    affect the statutory or regulatory authorities of such agencies.
    Sec. 141. Wolf Lake, Indiana. The project for aquatic ecosystem 
restoration, Wolf Lake, Indiana, being carried out under section 206 of 
the Water Resources Development Act of 1996 (33 U.S.C. 2330), is 
modified to direct the Secretary to credit toward the non-Federal share 
of the cost of the project the cost of planning, design, and 
construction work carried out by the non-Federal interest before the 
date of the project cooperation agreement for the project if the 
Secretary determines that the work is integral to the project.
    Sec. 142. Cook County, Illinois. The Secretary of the Army is 
directed to credit up to $80,000 for design work completed by non-
Federal interests, prior to and after the signing of the project 
cooperation agreement, toward the non-Federal share of the project for 
Calumet and Burr Oaks Schools Sewer Improvements, Cook County, 
Illinois, authorized by section 219(f)(54) of the Water Resources 
Development Act of 1992 (Public Law 102-580, as amended), if the 
Secretary determines that the work is integral to the project.
    Sec. 143. Los Angeles Harbor, Los Angeles, California. The project 
for navigation, Los Angeles Harbor, Los Angeles, California, authorized 
by section 101(b)(5) of the Water Resources Development Act of 2000 
(114 Stat. 2577), is modified to direct the Secretary to credit toward 
the non-Federal share of the cost of the project the cost of the 
planning, design, and construction work carried out by the non-Federal 
interest before the date of the partnership agreement for the project 
if the Secretary determines the work is integral to the project.
    Sec. 144. San Lorenzo River, California. The project for flood 
control, San Lorenzo River, California, authorized by section 101(a)(5) 
of the Water Resources Development Act of 1996 (110 Stat. 3663), is 
modified to direct the Secretary to credit not more than $2,000,000 
toward the non-Federal share of the cost of the project for the cost of 
the work carried out by the non-Federal interest before the date of the 
project cooperation agreement for the project if the Secretary 
determines the work is integral to the project.
    Sec. 145. Calumet Region, Indiana. Section 219(f)(12) of the Water 
Resources Development Act of 1992 (113 Stat. 335) is amended--
        (1) by striking ``$10,000,000'' and inserting ``$30,000,000''; 
    and
        (2) by striking ``Lake and Porter'' and inserting ``Benton, 
    Jasper, Lake, Newton, and Porter''.
    Sec. 146. The Secretary of the Army, acting through the Chief of 
Engineers, is authorized to construct the project for flood control, 
Meramec River Basin, Valley Park Levee, Missouri, originally authorized 
by Public Law 97-128 (95 Stat. 1682) and modified by section 1128 of 
WRDA 1986 and section 333 of WRDA 1999, at a maximum Federal 
expenditure of $50,000,000.
    Sec. 147. The project for flood control, Saw Mill Run, 
Pennsylvania, authorized by section 401(a) of Public Law 99-662 (100 
Stat. 4124) and modified by section 301(a) of Public Law 104-303 (110 
Stat. 3708), is further modified to authorize the Secretary to carry 
out the project at a total cost of $22,000,000, with an estimated 
Federal cost of $16,500,000 and an estimated non-Federal cost of 
$5,500,000.
    Sec. 148. The project for flood control, Roanoke River Upper Basin, 
Virginia, authorized by section 401(a) of Public Law 99-662 (100 Stat. 
4126), is further modified to authorize the Secretary to construct the 
project at a total cost of $61,700,000, with an estimated Federal cost 
of $43,000,000 and an estimated non-Federal cost of $18,700,000.
    Sec. 149. The project for harbor deepening, Brunswick Harbor, 
Georgia, authorized by section 101(a)(19), Public Law 106-53, and 
amended by the fiscal year 2003 Consolidated Appropriations Act, Public 
Law 108-7, is further modified to authorize the Secretary to construct 
the project at a total cost of $96,276,000 with an estimated Federal 
cost of $61,709,000 and an estimated non-Federal cost of $34,567,000.
    Sec. 150. The project for flood control, Lackawanna River at 
Olyphant, Pennsylvania, authorized by section 101(16) of Public Law 
102-580 (106 Stat. 4797), is modified to authorize the Secretary to 
carry out the project at a total cost of $23,000,000, with an estimated 
Federal cost of $17,250,000 and an estimated non-Federal cost of 
$5,750,000.
    Sec. 151. Perry Creek, Iowa. The project for flood protection, 
Perry Creek Flood Control Project, Sioux City, Iowa, authorized under 
section 401(a) of the Water Resources Development Act of 1986, is 
modified to increase the project authorization to $96,870,000 (Federal 
cost of $58,677,000 and non-Federal cost of $38,193,000).
    Sec. 152. Elizabeth River, Chesapeake, Virginia. Section 358 of 
Public Law 106-53 is modified by striking ``September 30, 1999,'' and 
inserting ``May 1, 1997,''.
    Sec. 153. Section 219(f) of the Water Resources Development Act of 
1992 is amended by adding at the end the following:
        ``(71) $6,430,000 for environmental infrastructure for 
    Indianapolis, Indiana;''.
    Sec. 154. Mississippi River and Big Muddy River, Illinois. (a) In 
General.--The project for flood control, Mississippi River and Big 
Muddy River, Illinois, authorized by the Flood Control Act of 1938, is 
modified to authorize the Secretary to carry out repair and 
rehabilitation of the project at a total cost of $22,600,000, with an 
estimated Federal cost of $16,950,000 and an estimated non-Federal cost 
of $5,650,000, and to perform operation and maintenance of the project 
thereafter.
    (b) Other Assistance.--Federal assistance made available through 
the Department of Agriculture may be used toward payment of the non-
Federal share of the costs of the repair and rehabilitation under this 
section.
    (c) United States Lands.--Costs under this section for the repair 
and rehabilitation allocable to the protection of lands owned by the 
United States shall be a Federal responsibility. The Secretary shall 
seek reimbursement from the Secretary of Agriculture for the costs 
allocated to protecting lands owned by the Department of Agriculture.
    (d) Operation and Maintenance of Non-Federal Lands.--The cost of 
operation and maintenance under this section allocated to protecting 
non-Federal lands shall be a non-Federal responsibility.
    Sec. 155. Moss Lake, Louisiana. The Secretary of the Army, acting 
through the Chief of Engineers, is authorized to carry out a project to 
restore lake depths at Moss Lake, Louisiana, adjacent to the Calcasieu 
River and Pass channel at a total project cost of $2,500,000.
    Sec. 156. The project for navigation, Manatee Harbor, Florida, 
authorized by section 202(a) of the Water Resources Development Act of 
1986 (100 Stat. 4093), and modified by section 102(j) of the Water 
Resources Development Act of 1990 (104 Stat. 4612), is further 
modified--
        (1) to include the construction of an extension of the south 
    channel a distance of approximately 1584 feet consistent with the 
    general reevaluation report, dated April 2002, prepared by the 
    Jacksonville District Corps of Engineers, at a total cost of 
    $11,300,000, with an estimated Federal cost of $8,475,000 and an 
    estimated non-Federal cost of $2,825,000;
        (2) to direct the Secretary to credit toward the non-Federal 
    share of the cost of the project the cost of in-kind services and 
    materials provided for the project by the non-Federal interest;
        (3) to direct the Secretary to credit toward the non-Federal 
    share of the cost of the project the cost of planning, design, and 
    construction work carried out by the non-Federal interest before 
    the date of the partnership agreement for the project if the 
    Secretary determines that the work is integral to the project; and
        (4) to authorize the Secretary to carry out the project as 
    modified at a total cost of $61,500,000.

SEC. 157. HARRIS GULLY, HARRIS COUNTY, TEXAS.

    (a) Study.--
        (1) In general.--The Secretary shall conduct a study to 
    determine the feasibility of carrying out a project for flood 
    damage reduction in the Harris Gully watershed, Harris County, 
    Texas, to provide flood protection for the Texas Medical Center, 
    Houston, Texas.
        (2) Use of local studies and plans.--In conducting the study, 
    the Secretary shall use, to the extent practicable, studies and 
    plans developed by the non-Federal interest if the Secretary 
    determines that such studies and plans meet the evaluation and 
    design standards of the Corps of Engineers.
        (3) Completion date.--The Secretary shall complete the study by 
    July 1, 2004.
    (b) Critical Flood Damage Reduction Measures.--The Secretary may 
carry out critical flood damage reduction measures that the Secretary 
determines are feasible and that will provide immediate and substantial 
flood damage reduction benefits in the Harris Gully watershed, at a 
Federal cost of $7,000,000.
    (c) Credit.--The Secretary shall credit toward the non-Federal 
share of the cost of the project the cost of planning, design, and 
construction work carried out by the non-Federal interest before the 
date of the partnership agreement for the project if the Secretary 
determines that such work is integral to the project.
    (d) Nonprofit Entity.--Notwithstanding section 221 of the Flood 
Control Act of 1970 (42 U.S.C. 1962d-5b), a nonprofit entity may, with 
the consent of the local government, serve as a non-Federal interest 
for the project undertaken under this section.
    Sec. 158. The Secretary may carry out the Reach J, Segment 1, 
element of the project for hurricane and storm damage reduction, 
Morganza to the Gulf of Mexico, Louisiana, in accordance with the 
report of the Chief of Engineers, dated August 23, 2002, and 
supplemental report dated July 22, 2003, at a total cost of $4,000,000.

                                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, 
$857,498,000, to remain available until expended, of which $51,330,000 
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 $1,000,000 is to be used for completion of the Santa Fe 
wells project in New Mexico through a cooperative agreement with the 
City of Santa Fe: Provided further, That $10,000,000 of the funds 
appropriated herein shall be deposited in the San Gabriel Basin 
Restoration Fund established by section 110 of division B, title I of 
Public Law 106-554, as amended: 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''.

                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: Provided further, That none 
of the funds made available under this heading may be used for the 
acquisition or leasing of water for in-stream purposes if the water is 
already committed to in-stream purposes by a court adopted decree or 
order.

                        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, $55,525,000, 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.

                           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. (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. 202. 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. 203. Subsection 206(b) of Public Law 101-514 is amended as 
follows: In paragraph (1), strike ``, with annual quantities delivered 
under these contracts to be determined by the Secretary based upon the 
quantity of water actually needed within the Sacramento County Water 
Agency service area and San Juan Suburban Water District after 
considering reasonable efforts to: (i) promote full utilization of 
existing water entitlements within Sacramento County; (ii) implement 
water conservation and metering programs within the areas served by the 
contract; and (iii) implement programs to maximize to the extent 
feasible conjunctive use of surface water and groundwater''.
    Sec. 204. The Secretary of the Interior is authorized and directed 
to amend the Central Valley Project water supply contracts of the 
Sacramento County Water Agency and the San Juan Suburban Water District 
by deleting a provision requiring a determination of annual water needs 
included pursuant to section 206 of Public Law 101-514.
    Sec. 205. 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 shall not be expended until further Act of 
Congress.
    Sec. 206. The second paragraph under the heading ``Administrative 
Provisions'' in Public Law 102-377 (43 U.S.C. 377b) is amended by 
inserting ``, not to exceed $5,000,000 for each causal event giving 
rise to a claim or claims'' after ``activities of the Bureau of 
Reclamation''.
    Sec. 207. 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. 208. (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 restrict, reduce or reallocate any water stored in Heron 
Reservoir or 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.
    (c) This section applies only to those Federal agency and non-
Federal actions addressed in the March 17, 2003 Biological Opinion.
    (d) Subsection (b) will remain in effect for 2 years following the 
implementation of this Act.
    Sec. 209. 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 
    seven 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;
            (E) agricultural communities;
            (F) Middle Rio Grande Pueblos (Sandia, Isleta, San Felipe, 
        Cochiti, Santa Ana, and Santo Domingo); and
            (G) Middle Rio Grande Conservancy District.
    (b) Formation of this Committee shall not occur later than 45 days 
after enactment of this Act.
    (c) Fiscal year 2004 appropriations shall not be obligated or 
expended prior to approval of a detailed spending plan by the House and 
Senate Committees on Appropriations.
    (d) The above section shall come into effect within 180 days of 
enactment of this Act, unless the Bureau of Reclamation, in 
consultation with the above listed parties, has provided an alternative 
workgroup structure which has been approved by the House and Senate 
Committees on Appropriations.
    Sec. 210. 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. 211. 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. 212. 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. 213. 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. 214. 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 10 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 10 
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.  215. 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) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,900,000, to remain available 
until expended.
    Sec. 216. Facilitation of Indian Water Rights in Arizona. In order 
to facilitate Indian water rights settlements in the State of Arizona, 
the Secretary may:
        (1) 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)) by irrigation districts who have contracts for water 
    delivery from the Central Arizona Project.
        (2) If requested by either the Gila River Indian Community or 
    the San Carlos Apache Tribe, utilize appropriated funds transferred 
    into the Lower Colorado River Basin Development Fund for 
    construction of Indian Distribution systems to assist in the 
    partial funding of costs associated with the on-reservation 
    delivery of CAP water to these Indian tribes as set forth in the 
    Bureau of Reclamation's FY 2004 Budget Justifications, PF-2B 
    Schedules for construction of the Central Arizona Project. These 
    funds shall be non-reimbursable Operation and Maintenance funds and 
    shall not exceed amounts projected for construction by these Indian 
    tribes as set forth in the Bureau of Reclamation's PF-2B Schedules 
    that support the FY 2004 Budget Justifications for the Central 
    Arizona Project.
    Sec. 217. Restoration of Fish and Wildlife Habitat, Provision of 
Bottled Water for Fallon Schoolchildren, and Associated Provisions. (a) 
In General.--In carrying out section 2507 of Public Law 107-171, title 
II, subtitle F, the Secretary of Interior, acting through the 
Commissioner of Reclamation, shall--
        (1) Notwithstanding section 2507 (b) of Public Law 107-171, 
    title II, subtitle F, and in accordance with Public Law 101-618, 
    provide $2,500,000 to the State of Nevada to purchase water rights 
    from willing sellers and make necessary improvements to benefit 
    Carson Lake and Pasture: Provided, That such funds shall only be 
    provided by the Bureau of Reclamation when the title to Carson Lake 
    and Pasture is conveyed to the State of Nevada.
        (2) As soon as practicable after enactment, provide $133,000 to 
    Families in Search of the Truth, Fallon, Nevada, for the purchase 
    of bottled water and costs associated with providing such water to 
    schoolchildren in Fallon-area schools.
        (3) In consultation with the Pershing County Water Conservation 
    District, the Commissioner shall expend $270,000 for the State of 
    Nevada's costs associated with the National Environmental Policy 
    Act review of the Humboldt Title Transfer: Provided, That 
    notwithstanding Public Law 107-282, section 804(d)-(f), the State 
    of Nevada shall pay any other costs assigned to the State as an 
    entity receiving title in Public Law 107-282, section 804(b)-(e) or 
    due to any reconveyance under Public Law 107-282, section 804(f), 
    including any such National Environmental Policy Act costs that 
    exceed the $270,000 expended by the Commissioner under this 
    subparagraph.
        (4) Provide $1,000,000 to the University of Nevada, Reno's 
    Biodiversity initiative for public education and associated 
    technical assistance and outreach concerning the issues affecting 
    the restoration of Walker Lake.
    (b) 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 107-171.
    Sec. 218. The Secretary of the Interior shall extend the term of 
the Sacramento River Settlement Contracts, long- and short-form, 
entered into by the United States with various districts and 
individuals, section 14 of the Reclamation Project Act of 1939 (53 
Stat. 1197), for a period of 2 additional years after the date on which 
each of the contracts, respectively, would expire but for this section, 
or until renewal contracts are executed, whichever occurs earlier.
    Sec. 219. (a) Section 1(b) of Public Law 105-295 (112 Stat. 2820) 
is amended by striking the second sentence and inserting the following: 
``The Federal share of the costs of constructing the temperature 
control device and associated temperature monitoring facilities shall 
be 50 percent and shall be nonreimbursable. The temperature control 
device and associated temperature monitoring facilities shall be 
operated by the non-Federal facility owner at its expense in 
coordination with the Central Valley Project for the benefit and 
propagation of Chinook salmon and steelhead trout in the American 
River, California.''.
    (b) Section 1(c) of Public Law 105-295 (112 Stat. 2820) is amended 
by striking ``$1,000,000'' and inserting ``$3,500,000''.
    Sec. 220. Not subject to fiscal year limitation, the Secretary of 
the Interior is hereafter authorized to implement, and enter into 
financial assistance or other agreements as may be necessary to 
undertake such activities identified for implementation (including 
construction) generally in accordance with section III of, and the 
Pumping/Dam Removal Plan as defined in, United States District Court 
Consent Decree ``United States, et al., v. Grants Pass Irrigation 
District, Civil No. 98-3034-HO'' (August 27, 2001). There are 
authorized to be appropriated such sums as may be necessary to carry 
out this provision, and activities conducted under this provision shall 
be nonreimbursable and nonreturnable.
    Sec. 221. Extension of Certain Irrigation Project Contracts. 
Section 2 of the Irrigation Project Contract Extension Act of 1998 (112 
Stat. 2816, 114 Stat. 1441, 1441A-70) is amended--
        (1) in subsection (a), by striking ``December 31, 2003'' and 
    inserting ``December 31, 2005''; and
        (2) in subsection (b)--
            (A) in the first sentence, by striking ``beyond December 
        31, 2003'' and inserting ``beyond December 31, 2005''; and
            (B) in the second sentence, by striking ``prior to December 
        31, 2003'' and inserting ``before December 31, 2005''.

                               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; 
$737,537,000, to remain available until expended.

                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, 
$163,375,000, to remain available until expended.

                   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, $339,468,000, 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, $416,484,000, to be 
derived from the Fund, to remain available until expended, of which 
$51,000,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                                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, 
$3,451,700,000, to remain available until expended.

                         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, $190,000,000, to remain 
available until expended and to be derived from the Nuclear Waste Fund: 
Provided, That none of the funds provided herein may be used for 
international travel.

                      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), $216,533,000, 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 
$123,000,000 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 $93,533,000.

                    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; $6,272,511,000, to remain available 
until expended: Provided, That $87,000,000 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, $1,327,612,000, 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; $766,400,000, 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), $339,980,000, 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; 
$5,651,062,000, 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, $991,144,000, 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, $674,491,000, to remain 
available until expended.

                     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, $390,000,000, 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 provisions 
of 31 U.S.C. 3302, up to $19,000,000 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: Provided, 
That, notwithstanding the provisions of 31 U.S.C. 3302, up to 
$1,512,000 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; 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.

 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 $162,108,000 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), 
$204,400,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $204,400,000 
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

                          DEPARTMENT OF ENERGY

    Sec. 301. (a)(1) None of the funds in this or any other 
appropriations Act for fiscal year 2004 or any previous fiscal year may 
be used to make payments for a noncompetitive management and operating 
contract unless the Secretary of Energy, not later than 60 days after 
the date of the enactment of this Act, publishes in the Federal 
Register and submits to the Committees on Appropriations of the House 
of Representatives and the Senate a written notification, with respect 
to each such contract, of the Secretary's decision to use competitive 
procedures for the award of the contract, or to not renew the contract, 
when the term of the contract expires.
    (2) Notwithstanding paragraph (1), the Secretary of Energy may use 
appropriated funds to maintain operations of noncompetitive management 
and operating contracts as necessary during the 60-day period beginning 
on the date of the enactment of this Act.
    (3) Paragraph (1) does not apply to an extension for up to 2 years 
of a noncompetitive management and operating contract, if the extension 
is for purposes of allowing time to award competitively a new contract, 
to provide continuity of service between contracts, or to complete a 
contract that will not be renewed.
    (b) In this section:
        (1) The term ``noncompetitive management and operating 
    contract'' means a contract that was awarded more than 50 years ago 
    without competition for the management and operation of Ames 
    Laboratory, Argonne National Laboratory, Lawrence Berkeley National 
    Laboratory, Lawrence Livermore National Laboratory, and Los Alamos 
    National Laboratory.
        (2) The term ``competitive procedures'' has the meaning 
    provided in section 4 of the Office of Federal Procurement Policy 
    Act (41 U.S.C. 403) and includes procedures described in section 
    303 of the Federal Property and Administrative Services Act of 1949 
    (41 U.S.C. 253) other than a procedure that solicits a proposal 
    from only one source.
    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 $13,400,000 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. When the Department of Energy makes a user facility 
available to universities and other potential users, or seeks input 
from universities and other potential users regarding significant 
characteristics or equipment in a user facility or a proposed user 
facility, the Department shall ensure broad public notice of such 
availability or such need for input to universities and other potential 
users. When the Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting such a partner. For 
purposes of this section, the term ``user facility'' includes, but is 
not limited to: (1) a user facility as described in section 2203(a)(2) 
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a 
National Nuclear Security Administration Defense Programs Technology 
Deployment Center/User Facility; and (3) any other Departmental 
facility designated by the Department as a user facility.
    Sec. 308. The Administrator of the National Nuclear Security 
Administration may authorize the manager of a covered nuclear weapons 
research, development, testing or production facility to engage in 
research, development, and demonstration activities with respect to the 
engineering and manufacturing capabilities at such facility in order to 
maintain and enhance such capabilities at such facility: Provided, That 
of the amount allocated to a covered nuclear weapons facility 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 facility'' 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. 309. 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. 310. 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. 311. (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. 312. 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 and the ore processing 
residual materials in the Niagara Falls Storage Site subsurface waste 
containment structure managed by the United States Army Corps of 
Engineers under the Formerly Utilized Sites Remedial Action Program 
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'' for the purpose of disposition of the material in an NRC-
regulated or Agreement State-regulated facility.
    Sec. 313. 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. 314. 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 shall 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 940 acres under the leasehold. The 940 acres 
described in subsection (a)(3) are hereby withdrawn from mining 
location and from all forms of entry, appropriation, and disposal under 
the public land laws.
    (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. 315. 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. 316. Of the funds made available in this Act for Defense 
Environmental Services, $1,000,000 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, That 
$4,000,000 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.

                                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, 
$66,000,000, 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, $5,000,000, 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, $55,000,000, to remain available until 
expended: Provided, That $5,500,000 shall not be available until the 
Denali Commission submits to the House and Senate Committees on 
Appropriations a detailed budget justification for fiscal year 2005.

                     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. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    Sec. 504. 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''.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
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