IB 

108TH CONGRESS 

1ST SESSION H. R. 2754

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 16, 2003

Ordered to be printed with the amendment of the Senate 

[Strike out all after the enacting clause and insert the part printed in italic] 

AN ACT

Making appropriations for energy and water development 

for the fiscal year ending September 30, 2004, and for 

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 That the following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2004, for energy and 

6 water development, and for other purposes, namely:
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1 TITLE I 

2 DEPARTMENT OF DEFENSE—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 CORPS OF ENGINEERS—CIVIL

5 The following appropriations shall be expended under 

6 the direction of the Secretary of the Army and the super7 vision of the Chief of Engineers for authorized civil func8 tions of the Department of the Army pertaining to rivers 

9 and harbors, flood control, shore protection, aquatic eco10 system restoration, and related purposes.

11 GENERAL INVESTIGATIONS

12 For expenses necessary for the collection and study 

13 of basic information pertaining to river and harbor, flood 

14 control, shore protection, aquatic ecosystem restoration, 

15 and related projects, restudy of authorized projects, mis16 cellaneous investigations, and, when authorized by law, 

17 surveys and detailed studies and plans and specifications 

18 of projects prior to construction, $117,788,000, to remain 

19 available until expended: Provided, That for the Ohio 

20 Riverfront, Cincinnati, Ohio, project, the cost of planning 

21 and design undertaken by non-Federal interests shall be 

22 credited toward the non-Federal share of project design 

23 costs. 
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1 CONSTRUCTION, GENERAL

2 For the prosecution of river and harbor, flood control, 

3 shore protection, aquatic ecosystem restoration, and re4 lated projects authorized by law; and detailed studies, and 

5 plans and specifications, of projects authorized or made 

6 eligible for selection by law, $1,642,911,000, to remain 

7 available until expended, of which such sums as are nec8 essary to cover the Federal share of construction costs for 

9 facilities under the Dredged Material Disposal Facilities 

10 program shall be derived from the Harbor Maintenance 

11 Trust Fund; and of which such sums as are necessary to 

12 cover one-half of the costs of construction and rehabilita13 tion of inland waterways projects (including rehabilitation 

14 costs for the Lock and Dam 11, Mississippi River, Iowa; 

15 Lock and Dam 24, Mississippi River, Illinois and Mis16 souri; and Lock and Dam 3, Mississippi River, Minnesota, 

17 projects) shall be derived from the Inland Waterways 

18 Trust Fund: Provided, That the Secretary of the Army, 

19 acting through the Chief of Engineers, is directed to pro20 ceed with the construction of the New York and New Jer21 sey Harbor project, 50-foot deepening element, upon exe22 cution of the Project Cooperation Agreement: Provided 

23 further, That no funds made available under this Act or 

24 any other Act for any fiscal year may be used by the Sec25 retary of the Army to carry out the construction of the 
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1 Port Jersey element of the New York and New Jersey 

2 Harbor or reimbursement to the Local Sponsor for the 

3 construction of the Port Jersey element until commit4 ments for construction of container handling facilities are 

5 obtained from the non-Federal sponsor for a second user 

6 along the Port Jersey element: Provided further, That 

7 funds appropriated in this Act for the preservation and 

8 restoration of the Florida Everglades shall be made avail9 able for expenditure unless (1) the Secretary of the Army, 

10 not later than 30 days after the date of enactment of this 

11 Act, transmits to the State of Florida and the Committees 

12 on Appropriations of the House of Representatives and the 

13 Senate a report containing a finding and supporting mate14 rials indicating that the waters entering the A.R.M. 

15 Loxahatchee National Wildlife Refuge and Everglades Na16 tional Park do not meet the water quality requirements 

17 set forth in the Consent Decree entered in United States 

18 v. South Florida Water Management District, (2) the 

19 State fails to submit a satisfactory plan to bring the wa20 ters into compliance with the water quality requirements 

21 within 45 days of the date of the report, (3) the Secretary 

22 transmits to the State and the Committees a follow-up re23 port containing a finding that the State has not submitted 

24 such a plan, and (4) either the Committee on Appropria25 tions of the House of Representatives or the Senate issues 
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1 a written notice disapproving of further expenditure of the 

2 funds: Provided further, That the Secretary of the Army 

3 shall provide the State of Florida with notice and an op4 portunity to respond to any determination of the Secretary 

5 under the preceding proviso before the determination be6 comes final. 

7 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES

8 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, 

9 MISSISSIPPI, MISSOURI, AND TENNESSEE

10 For expenses necessary for the flood damage reduc11 tion program for the Mississippi River alluvial valley below 

12 Cape Girardeau, Missouri, as authorized by law, 

13 $301,054,000, to remain available until expended. 

14 OPERATION AND MAINTENANCE, GENERAL

15 For expenses necessary for the operation, mainte16 nance, and care of existing river and harbor, flood and 

17 storm damage reduction, aquatic ecosystem restoration, 

18 and related projects; for providing security for infrastruc19 ture owned and operated by, or on behalf of, the U.S. 

20 Army Corps of Engineers, including administrative build21 ings and facilities, laboratories, and the Washington Aque22 duct; for the maintenance of harbor channels provided by 

23 a State, municipality, or other public agency that serve 

24 essential navigation needs of general commerce, where au25 thorized by law; and for surveys and charting of northern 
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1 and northwestern lakes and connecting waters, clearing 

2 and straightening channels, and removal of obstructions 

3 to navigation, $1,932,575,000, to remain available until 

4 expended, of which such sums as become available in the 

5 Harbor Maintenance Trust Fund, pursuant to Public Law 

6 99–662 may be derived from that fund, and of which such 

7 sums as become available from the special account for the 

8 U.S. Army Corps of Engineers established by the Land 

9 and Water Conservation Act of 1965, as amended (16 

10 U.S.C. 460l–6a(i)), may be derived from that account for 

11 resource protection, research, interpretation, and mainte12 nance activities related to resource protection in the areas 

13 at which outdoor recreation is available; and of which such 

14 sums as become available under section 217 of the Water 

15 Resources Development Act of 1996, Public Law 104–

16 303, shall be used to cover the cost of operation and main17 tenance of the dredged material disposal facilities for 

18 which fees have been collected. 

19 REGULATORY PROGRAM

20 For expenses necessary for administration of laws 

21 pertaining to regulation of navigable waters and wetlands, 

22 $144,000,000, to remain available until expended. 
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1 FORMERLY UTILIZED SITES REMEDIAL ACTION

2 PROGRAM

3 For expenses necessary to clean up contamination 

4 from sites in the United States resulting from work per5 formed as part of the Nation’s early atomic energy pro6 gram, $140,000,000, to remain available until expended. 

7 FLOOD CONTROL AND COASTAL EMERGENCIES

8 For expenses necessary for emergency flood control, 

9 response to hurricanes and other natural disasters, and 

10 related activities, including the activities that the U.S. 

11 Army Corps of Engineers undertakes to ensure its readi12 ness to respond to such emergencies, $40,000,000 to re13 main available until expended. 

14 GENERAL EXPENSES

15 For expenses necessary for general administration 

16 and related civil works functions in the headquarters of 

17 the U.S. Army Corps of Engineers, the offices of the Divi18 sion Engineers, the Humphreys Engineer Center Support 

19 Activity, the Institute for Water Resources, the U.S. Army 

20 Engineer Research and Development Center, and the U.S. 

21 Army Corps of Engineers Finance Center, $164,000,000, 

22 to remain available until expended: Provided, That no part 

23 of any other appropriation provided in title I of this Act 

24 shall be available to fund the activities of the Office of 

25 the Chief of Engineers or the executive direction and man-
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1 agement activities of the division offices: Provided further,

2 That none of these funds shall be available to support an 

3 office of congressional affairs within the executive office 

4 of the Chief of Engineers. 

5 ADMINISTRATIVE PROVISIONS

6 Appropriations in this title shall be available for offi7 cial reception and representation expenses (not to exceed 

8 $5,000); and during the current fiscal year the Revolving 

9 Fund, Corps of Engineers, shall be available for purchase 

10 (not to exceed 100 for replacement only) and hire of pas11 senger motor vehicles. 

12 GENERAL PROVISIONS 

13 CORPS OF ENGINEERS—CIVIL 

14 SEC. 101. Agreements proposed for execution by the 

15 Assistant Secretary of the Army for Civil Works or the 

16 United States Army Corps of Engineers after the date of 

17 the enactment of this Act pursuant to section 4 of the 

18 Rivers and Harbor Act of 1915, Public Law 64–291; sec19 tion 11 of the River and Harbor Act of 1925, Public Law 

20 68–585; the Civil Functions Appropriations Act, 1936, 

21 Public Law 75–208; section 215 of the Flood Control Act 

22 of 1968, as amended, Public Law 90–483; sections 104, 

23 203, and 204 of the Water Resources Development Act 

24 of 1986, as amended, Public Law 99–662; section 206 of 

25 the Water Resources Development Act of 1992, as amend-
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1 ed, Public Law 102–580; section 211 of the Water Re2 sources Development Act of 1996, Public Law 104–303; 

3 and any other specific project authority, shall be limited 

4 to credits and reimbursements per project not to exceed 

5 $10,000,000 in each fiscal year, and total credits and re6 imbursements for all applicable projects not to exceed 

7 $50,000,000 in each fiscal year. 

8 SEC. 102. None of the funds appropriated in this or 

9 any other Act may be used by the United States Army 

10 Corps of Engineers to support activities related to the pro11 posed Ridge Landfill in Tuscarawas County, Ohio. 

12 SEC. 103. None of the funds appropriated in this or 

13 any other Act may be used by the United States Army 

14 Corps of Engineers to support activities related to the pro15 posed Indian Run Sanitary Landfill in Sandy Township, 

16 Stark County, Ohio. 

17 NAMING OF LOCK AND DAM 3, ALLEGHENY RIVER, 

18 PENNSYLVANIA

19 Sec. 104. (a) DESIGNATION.—Lock and dam num20 bered 3 on the Allegheny River, Pennsylvania, shall be 

21 known and designated as the ‘‘C.W. Bill Young Lock and 

22 Dam’’. 

23 (b) LEGAL REFERENCES.—A reference in any law, 

24 regulation, document, record, map, or other paper of the 

25 United States to the lock and dam referred to in sub-
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1 section (a) shall be deemed to be a reference to the ‘‘C.W. 

2 ‘Bill’ Young Lock and Dam’’. 

3 TITLE II 

4 DEPARTMENT OF THE INTERIOR 

5 CENTRAL UTAH PROJECT

6 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

7 For carrying out activities authorized by the Central 

8 Utah Project Completion Act, $36,463,000, to remain 

9 available until expended, of which $9,423,000 shall be de10 posited into the Utah Reclamation Mitigation and Con11 servation Account for use by the Utah Reclamation Miti12 gation and Conservation Commission. 

13 In addition, for necessary expenses incurred in car14 rying out related responsibilities of the Secretary of the 

15 Interior, $1,728,000, to remain available until expended. 

16 BUREAU OF RECLAMATION 

17 WATER AND RELATED RESOURCES

18 (INCLUDING TRANSFER OF FUNDS)

19 For management, development, and restoration of 

20 water and related natural resources and for related activi21 ties, including the operation, maintenance, and rehabilita22 tion of reclamation and other facilities, participation in 

23 fulfilling related Federal responsibilities to Native Ameri24 cans, and related grants to, and cooperative and other 

25 agreements with, State and local governments, Indian 

26 tribes, and others, $817,913,000, to remain available until 
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1 expended, of which $57,330,000 shall be available for 

2 transfer to the Upper Colorado River Basin Fund and 

3 $33,570,000 shall be available for transfer to the Lower 

4 Colorado River Basin Development Fund; of which such 

5 amounts as may be necessary may be advanced to the Col6 orado River Dam Fund; and of which not more than 

7 $500,000 is for high priority projects which shall be car8 ried out by the Youth Conservation Corps, as authorized 

9 by 16 U.S.C. 1706: Provided, That such transfers may 

10 be increased or decreased within the overall appropriation 

11 under this heading: Provided further, That of the total ap12 propriated, the amount for program activities that can be 

13 financed by the Reclamation Fund or the Bureau of Rec14 lamation special fee account established by 16 U.S.C. 

15 460l–6a(i) shall be derived from that Fund or account: 

16 Provided further, That funds contributed under 43 U.S.C. 

17 395 are available until expended for the purposes for 

18 which contributed: Provided further, That funds advanced 

19 under 43 U.S.C. 397a shall be credited to this account 

20 and are available until expended for the same purposes 

21 as the sums appropriated under this heading: Provided 

22 further, That funds available for expenditure for the De23 partmental Irrigation Drainage Program may be expended 

24 by the Bureau of Reclamation for site remediation on a 

25 non-reimbursable basis: Provided further, That 
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1 $10,000,000 of the funds appropriated herein shall be de2 posited in the San Gabriel Basin Restoration Fund estab3 lished by section 110 of division B, title I of Public Law 

4 106–554, as amended: Provided further, That section 301 

5 of Public Law 102–250, Reclamation States Emergency 

6 Drought Relief Act of 1991, as amended, is amended fur7 ther by inserting ‘‘2003, and 2004’’ in lieu of ‘‘and 2003’’. 

8 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

9 For administrative expenses necessary to carry out 

10 the program for direct loans and/or grants, $200,000, to 

11 remain available until expended, of which the amount that 

12 can be financed by the Reclamation Fund shall be derived 

13 from that fund. 

14 CENTRAL VALLEY PROJECT RESTORATION FUND

15 For carrying out the programs, projects, plans, and 

16 habitat restoration, improvement, and acquisition provi17 sions of the Central Valley Project Improvement Act, 

18 $39,600,000, to be derived from such sums as may be col19 lected in the Central Valley Project Restoration Fund pur20 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

21 3406(c)(1) of Public Law 102–575, to remain available 

22 until expended: Provided, That the Bureau of Reclamation 

23 is directed to assess and collect the full amount of the 

24 additional mitigation and restoration payments authorized 

25 by section 3407(d) of Public Law 102–575: Provided fur26 ther, That none of the funds made available under this 
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1 heading may be used for the acquisition or leasing of water 

2 for in-stream purposes if the water is already committed 

3 to in-stream purposes by a court adopted decree or order. 

4 POLICY AND ADMINISTRATION 

5 For necessary expenses of policy, administration, and 

6 related functions in the office of the Commissioner, the 

7 Denver office, and offices in the five regions of the Bureau 

8 of Reclamation, to remain available until expended, 

9 $56,525,000, to be derived from the Reclamation Fund 

10 and be nonreimbursable as provided in 43 U.S.C. 377: 

11 Provided, That no part of any other appropriation in this 

12 Act shall be available for activities or functions budgeted 

13 as policy and administration expenses. 

14 WORKING CAPITAL FUND

15 (RESCISSION)

16 From unobligated balances under this heading, 

17 $4,525,000 are rescinded. 

18 ADMINISTRATIVE PROVISION

19 Appropriations for the Bureau of Reclamation shall 

20 be available for purchase of not to exceed 14 passenger 

21 motor vehicles, of which 12 are for replacement only. 

22 GENERAL PROVISIONS 

23 DEPARTMENT OF THE INTERIOR 

24 SEC. 201. (a) None of the funds appropriated or oth25 erwise made available by this Act may be used to deter26 mine the final point of discharge for the interceptor drain 
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1 for the San Luis Unit until development by the Secretary 

2 of the Interior and the State of California of a plan, which 

3 shall conform to the water quality standards of the State 

4 of California as approved by the Administrator of the En5 vironmental Protection Agency, to minimize any detri6 mental effect of the San Luis drainage waters. 

7 (b) The costs of the Kesterson Reservoir Cleanup 

8 Program and the costs of the San Joaquin Valley Drain9 age Program shall be classified by the Secretary of the 

10 Interior as reimbursable or nonreimbursable and collected 

11 until fully repaid pursuant to the ‘‘Cleanup Program-Al12 ternative Repayment Plan’’ and the ‘‘SJVDP–Alternative 

13 Repayment Plan’’ described in the report entitled ‘‘Repay14 ment Report, Kesterson Reservoir Cleanup Program and 

15 San Joaquin Valley Drainage Program, February 1995’’, 

16 prepared by the Department of the Interior, Bureau of 

17 Reclamation. Any future obligations of funds by the 

18 United States relating to, or providing for, drainage serv19 ice or drainage studies for the San Luis Unit shall be fully 

20 reimbursable by San Luis Unit beneficiaries of such serv21 ice or studies pursuant to Federal reclamation law. 

22 SEC. 202. None of the funds appropriated or other23 wise made available by this or any other Act may be used 

24 to pay the salaries and expenses of personnel to purchase 

25 or lease water in the Middle Rio Grande or the Carlsbad 
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1 Projects in New Mexico unless said purchase or lease is 

2 in compliance with the purchase requirements of section 

3 202 of Public Law 106–60. 

4 SEC. 203. Subsection 206(b) of Public Law 101–514 

5 is amended as follows: In paragraph (1), strike ‘‘, with 

6 annual quantities delivered under these contracts to be de7 termined by the Secretary based upon the quantity of 

8 water actually needed within the Sacramento County 

9 Water Agency service area and San Juan Suburban Water 

10 District after considering reasonable efforts to: (i) pro11 mote full utilization of existing water entitlements within 

12 Sacramento County, (ii) implement water conservation 

13 and metering programs within the areas served by the con14 tract, and (iii) implement programs to maximize to the 

15 extent feasible conjunctive use of surface water and 

16 groundwater’’. 

17 SEC. 204. The Secretary of the Interior is authorized 

18 and directed to amend the Central Valley Project water 

19 supply contracts of the Sacramento County Water Agency 

20 and the San Juan Suburban Water District by deleting 

21 a provision requiring a determination of annual water 

22 needs included pursuant to section 206 of Public Law 

23 101–514. 

24 LOWER COLORADO RIVER BASIN DEVELOPMENT

25 SEC. 205. (a) IN GENERAL.—Notwithstanding sec26 tion 403(f) of the Colorado River Basin Project Act (43 
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1 U.S.C. 1543(f)), no amount from the Lower Colorado 

2 River Basin Development Fund shall be paid to the gen3 eral fund of the Treasury until each provision of the re4 vised Stipulation Regarding a Stay and for Ultimate 

5 Judgment Upon the Satisfaction of Conditions, filed in 

6 United States district court, in Central Arizona Water 

7 Conservation District v. United States (No. CIV 95–625–

8 TUC–WDB (EHC), No. CIV 95–1720–OHX–EHC (Con9 solidated Action)), and any amendment or revision there10 of, is met. 

11 (b) PAYMENT TO GENERAL FUND.—If any of the 

12 provisions of the stipulation referred to in subsection (a) 

13 are not met by the date that is ten years after the date 

14 of enactment of this Act, payments to the general fund 

15 of the Treasury shall resume in accordance with section 

16 403(f) of the Colorado River Basin Project Act (43 U.S.C. 

17 1543(f)). 

18 (c) AUTHORIZATION.—Amounts in the Lower Colo19 rado River Basin Development Fund that but for this sec20 tion would be returned to the general fund of the Treasury 

21 shall not be expended until further Act of Congress. 

22 SEC. 206. The second paragraph under the heading 

23 ‘‘Administrative Provisions’’ in Public Law 102–377 (43 

24 U.S.C. 377b) is amended by inserting ‘‘, not to exceed 
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1 $5,000,000 for each causal event giving rise to a claim 

2 or claims’’ after ‘‘activities of the Bureau of Reclamation’’. 

3 TITLE III 

4 DEPARTMENT OF ENERGY 

5 ENERGY PROGRAMS 

6 ENERGY SUPPLY

7 For Department of Energy expenses including the 

8 purchase, construction, and acquisition of plant and cap9 ital equipment, and other expenses necessary for energy 

10 supply activities in carrying out the purposes of the De11 partment of Energy Organization Act (42 U.S.C. 7101 et 

12 seq.), including the acquisition or condemnation of any 

13 real property or any facility or for plant or facility acquisi14 tion, construction, or expansion, and the purchase of not 

15 to exceed 12 passenger motor vehicles for replacement 

16 only, including two buses; $691,534,000, to remain avail17 able until expended. 

18 NON-DEFENSE SITE ACCELERATION COMPLETION

19 For Department of Energy expenses, including the 

20 purchase, construction, and acquisition of plant and cap21 ital equipment and other expenses necessary for non-de22 fense environmental management site acceleration activi23 ties in carrying out the purposes of the Department of 

24 Energy Organization Act (42 U.S.C. 7101 et seq.), includ25 ing the acquisition or condemnation of any real property 
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1 or any facility or for plant or facility acquisition, construc2 tion, or expansion, $170,875,000, to remain available until 

3 expended. 

4 NON-DEFENSE ENVIRONMENTAL SERVICES

5 For Department of Energy expenses necessary for 

6 non-defense environmental services activities conducted as 

7 a result of nuclear energy research and development activi8 ties that indirectly support the accelerated cleanup and 

9 closure mission at environmental management sites, as 

10 well as new work scope transferred to the Environmental 

11 Management program, including the purchase, construc12 tion, and acquisition of plant and capital equipment and 

13 other necessary expenses, $320,468,000, to remain avail14 able until expended. 

15 URANIUM ENRICHMENT DECONTAMINATION AND

16 DECOMMISSIONING FUND

17 For necessary expenses in carrying out uranium en18 richment facility decontamination and decommissioning, 

19 remedial actions, and other activities of title II of the 

20 Atomic Energy Act of 1954 and title X, subtitle A, of the 

21 Energy Policy Act of 1992, $392,002,000, to be derived 

22 from the Fund, to remain available until expended, of 

23 which $51,000,000 shall be available in accordance with 

24 title X, subtitle A, of the Energy Policy Act of 1992. 
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1 SCIENCE

2 For Department of Energy expenses including the 

3 purchase, construction and acquisition of plant and capital 

4 equipment, and other expenses necessary for science ac5 tivities in carrying out the purposes of the Department 

6 of Energy Organization Act (42 U.S.C. 7101 et seq.), in7 cluding the acquisition or condemnation of any real prop8 erty or facility or for plant or facility acquisition, construc9 tion, or expansion, and purchase of not to exceed 15 pas10 senger motor vehicles for replacement only, including not 

11 to exceed one ambulance, $3,480,180,000, to remain avail12 able until expended. 

13 NUCLEAR WASTE DISPOSAL

14 For nuclear waste disposal activities to carry out the 

15 purposes of Public Law 97–425, as amended, including 

16 the acquisition of real property or facility construction or 

17 expansion, $335,000,000, to remain available until ex18 pended and to be derived from the Nuclear Waste Fund: 

19 Provided, That of the funds made available in this Act, 

20 $70,000,000 shall be used to initiate development of a rail 

21 line in the State of Nevada, connecting the existing na22 tional rail network with the repository site on the Nevada 

23 Test Site: Provided further, That none of the funds pro24 vided in this or any other appropriations Act may be used 

25 for the planning, design, or development of the rail cor-
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1 ridors that pass near the Las Vegas Metropolitan Area, 

2 specifically the Valley Modified Corridor and the Jean 

3 Corridor, and variations thereof, as these corridors are de4 lineated in the Final Environmental Impact Statement for 

5 a Geologic Repository for the Disposal of Spent Nuclear 

6 Fuel and High-Level Radioactive Waste at Yucca Moun7 tain, Nye County, Nevada, dated February 2002: Provided 

8 further, That $65,000,000 of the $70,000,000 made avail9 able in this Act for Nevada rail transportation shall be 

10 available only if the Secretary designates rail as the pre11 ferred mode of transportation within Nevada and selects 

12 a Nevada rail corridor within 60 days of enactment of this 

13 Act and commences the necessary environmental and engi14 neering analysis to develop and issue a Record of Decision 

15 for a specific rail alignment within the selected rail cor16 ridor by June 30, 2005: Provided further, That not to ex17 ceed $2,500,000 shall be provided to the State of Nevada 

18 solely for expenditures, other than salaries and expenses 

19 of State employees, to conduct scientific oversight respon20 sibilities and participate in licensing activities pursuant to 

21 the Nuclear Waste Policy Act of 1982 (Public Law 97–

22 425), as amended: Provided further, That not to exceed 

23 $6,500,000 shall be provided to affected units of local gov24 ernments, as defined in Public Law 97–425, to conduct 

25 appropriate activities pursuant to the Act: Provided fur-
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1 ther, That the distribution of funds to the State of Nevada 

2 and affected units of local government shall be solely for 

3 activities approved in advance by the Department of En4 ergy: Provided further, That the funds for the State of 

5 Nevada shall be made available solely to the Nevada Divi6 sion of Emergency Management by direct payment and 

7 to affected units of local government by direct payment: 

8 Provided further, That within 90 days of the completion 

9 of each Federal fiscal year, the Nevada Division of Emer10 gency Management, the Governor of the State of Nevada, 

11 and each affected unit of local government receiving pay12 ments under this section shall provide certification to the 

13 Department of Energy that all funds expended from such 

14 payments have been expended for activities authorized by 

15 Public Law 97–425 and this Act. Failure to provide such 

16 certification shall cause such entity to be prohibited from 

17 receiving any further Federal funding provided for similar 

18 activities: Provided further, That none of the funds herein 

19 appropriated may be: (1) used directly or indirectly to in20 fluence legislative action on any matter pending before 

21 Congress or a State legislature or for lobbying activity as 

22 provided in 18 U.S.C. 1913; (2) used for litigation ex23 penses; or (3) used to support multi-State efforts or other 

24 coalition building activities: Provided further, That all pro25 ceeds and recoveries realized by the Secretary in carrying 
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1 out activities authorized by the Nuclear Waste Policy Act 

2 of 1982, as amended, including but not limited to, any 

3 proceeds from the sale of assets shall be available without 

4 further appropriation and shall remain available until ex5 pended. 

6 DEPARTMENTAL ADMINISTRATION

7 (INCLUDING TRANSFER OF FUNDS)

8 For salaries and expenses of the Department of En9 ergy necessary for departmental administration in car10 rying out the purposes of the Department of Energy Orga11 nization Act (42 U.S.C. 7101 et seq.), including the hire 

12 of passenger motor vehicles and official reception and rep13 resentation expenses (not to exceed $35,000), 

14 $224,329,000, to remain available until expended, plus 

15 such additional amounts as necessary to cover increases 

16 in the estimated amount of cost of work for others not17 withstanding the provisions of the Anti-Deficiency Act (31 

18 U.S.C. 1511 et seq.): Provided, That such increases in cost 

19 of work are offset by revenue increases of the same or 

20 greater amount, to remain available until expended: Pro21 vided further, That moneys received by the Department 

22 for miscellaneous revenues estimated to total 

23 $123,000,000 in fiscal year 2004 may be retained and 

24 used for operating expenses within this account, and may 

25 remain available until expended, as authorized by section 
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1 201 of Public Law 95–238, notwithstanding the provisions 

2 of 31 U.S.C. 3302: Provided further, That the sum herein 

3 appropriated shall be reduced by the amount of miscella4 neous revenues received during fiscal year 2004, and any 

5 related unappropriated receipt account balances remaining 

6 from prior years’ miscellaneous revenues, so as to result 

7 in a final fiscal year 2004 appropriation from the General 

8 Fund estimated at not more than $101,329,000. 

9 OFFICE OF THE INSPECTOR GENERAL

10 For necessary expenses of the Office of the Inspector 

11 General in carrying out the provisions of the Inspector 

12 General Act of 1978, as amended, $39,462,000, to remain 

13 available until expended. 

14 ATOMIC ENERGY DEFENSE ACTIVITIES 

15 NATIONAL NUCLEAR SECURITY 

16 ADMINISTRATION 

17 WEAPONS ACTIVITIES

18 For Department of Energy expenses, including the 

19 purchase, construction, and acquisition of plant and cap20 ital equipment and other incidental expenses necessary for 

21 atomic energy defense weapons activities in carrying out 

22 the purposes of the Department of Energy Organization 

23 Act (42 U.S.C. 7101 et seq.), including the acquisition or 

24 condemnation of any real property or any facility or for 

25 plant or facility acquisition, construction, or expansion; 
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1 one fixed wing aircraft for replacement only; and the pur2 chase of not to exceed six passenger motor vehicles, of 

3 which four shall be for replacement only, including not to 

4 exceed two buses; $6,117,609,000, to remain available 

5 until September 30, 2006. 

6 DEFENSE NUCLEAR NONPROLIFERATION

7 For Department of Energy expenses, including the 

8 purchase, construction and acquisition of plant and capital 

9 equipment and other incidental expenses necessary for 

10 atomic energy defense, defense nuclear nonproliferation 

11 activities, in carrying out the purposes of the Department 

12 of Energy Organization Act (42 U.S.C. 7101 et seq.), in13 cluding the acquisition or condemnation of any real prop14 erty or any facility or for plant or facility acquisition, con15 struction, or expansion, $1,280,195,000, to remain avail16 able until September 30, 2006. 

17 NAVAL REACTORS

18 For Department of Energy expenses necessary for 

19 naval reactors activities to carry out the Department of 

20 Energy Organization Act (42 U.S.C. 7101 et seq.), includ21 ing the acquisition (by purchase, condemnation, construc22 tion, or otherwise) of real property, plant, and capital 

23 equipment, facilities, and facility expansion, and the pur24 chase of not to exceed one bus; $768,400,000, to remain 

25 available until expended. 
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1 OFFICE OF THE ADMINISTRATOR

2 For necessary expenses of the Office of the Adminis3 trator in the National Nuclear Security Administration, 

4 including official reception and representation expenses 

5 (not to exceed $12,000), $341,980,000, to remain avail6 able until September 30, 2006. 

7 ENVIRONMENTAL AND OTHER DEFENSE 

8 ACTIVITIES 

9 DEFENSE SITE ACCELERATION COMPLETION

10 For Department of Energy expenses, including the 

11 purchase, construction, and acquisition of plant and cap12 ital equipment and other expenses necessary for atomic 

13 energy defense site acceleration completion activities in 

14 carrying out the purposes of the Department of Energy 

15 Organization Act (42 U.S.C. 7101 et seq.), including the 

16 acquisition or condemnation of any real property or any 

17 facility or for plant or facility acquisition, construction, or 

18 expansion; $5,758,278,000, to remain available until ex19 pended. 

20 DEFENSE ENVIRONMENTAL SERVICES

21 For Department of Energy expenses necessary for 

22 defense-related environmental services activities that indi23 rectly support the accelerated cleanup and closure mission 

24 at environmental management sites, including the pur25 chase, construction, and acquisition of plant and capital 
26

HR 2754 PP 

1 equipment and other necessary expenses, and the purchase 

2 of not to exceed one ambulance for replacement only, 

3 $990,179,000, to remain available until expended. 

4 OTHER DEFENSE ACTIVITIES

5 For Department of Energy expenses, including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment and other expenses necessary for atomic 

8 energy defense, other defense activities, in carrying out the 

9 purposes of the Department of Energy Organization Act 

10 (42 U.S.C. 7101 et seq.), including the acquisition or con11 demnation of any real property or any facility or for plant 

12 or facility acquisition, construction, or expansion, 

13 $666,516,000, to remain available until expended. 

14 DEFENSE NUCLEAR WASTE DISPOSAL

15 For nuclear waste disposal activities to carry out the 

16 purposes of Public Law 97–425, as amended, including 

17 the acquisition of real property or facility construction or 

18 expansion, $430,000,000, to remain available until ex19 pended. 

20 CERRO GRANDE FIRE ACTIVITIES 

21 (RESCISSION)

22 From unobligated balances under this heading, 

23 $75,000,000 are cancelled. 
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1 POWER MARKETING ADMINISTRATIONS 

2 BONNEVILLE POWER ADMINISTRATION FUND

3 Expenditures from the Bonneville Power Administra4 tion Fund, established pursuant to Public Law 93–454, 

5 are approved for official reception and representation ex6 penses in an amount not to exceed $1,500. During fiscal 

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

8 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

9 ADMINISTRATION

10 For necessary expenses of operation and maintenance 

11 of power transmission facilities and of marketing electric 

12 power and energy, including transmission wheeling and 

13 ancillary services, pursuant to the provisions of section 5 

14 of the Flood Control Act of 1944 (16 U.S.C. 825s), as 

15 applied to the southeastern power area, $5,100,000, to re16 main available until expended; in addition, notwith17 standing the provisions of 31 U.S.C. 3302, up to 

18 $19,000,000 collected by the Southeastern Power Admin19 istration pursuant to the Flood Control Act to recover pur20 chase power and wheeling expenses shall be credited to 

21 this account as offsetting collections, to remain available 

22 until expended for the sole purpose of making purchase 

23 power and wheeling expenditures. 
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HR 2754 PP 

1 OPERATION AND MAINTENANCE, SOUTHWESTERN

2 POWER ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, for construction and acquisition of 

6 transmission lines, substations and appurtenant facilities, 

7 and for administrative expenses, including official recep8 tion and representation expenses in an amount not to ex9 ceed $1,500 in carrying out the provisions of section 5 

10 of the Flood Control Act of 1944 (16 U.S.C. 825s), as 

11 applied to the southwestern power area, $28,600,000, to 

12 remain available until expended: Provided, That, notwith13 standing the provisions of 31 U.S.C. 3302, up to 

14 $1,512,000 collected by the Southwestern Power Adminis15 tration pursuant to the Flood Control Act to recover pur16 chase power and wheeling expenses shall be credited to 

17 this account as offsetting collections, to remain available 

18 until expended for the sole purpose of making purchase 

19 power and wheeling expenditures; in addition, notwith20 standing 31 U.S.C. 3302, beginning in fiscal year 2004 

21 and thereafter, such funds as are received by the South22 western Power Administration from any State, munici23 pality, corporation, association, firm, district, or individual 

24 as advance payment for work that is associated with 

25 Southwestern’s transmission facilities, consistent with 
29

HR 2754 PP 

1 that authorized in section 5 of the Flood Control Act, shall 

2 be credited to this account and be available until ex3 pended. 

4 CONSTRUCTION, REHABILITATION, OPERATION AND

5 MAINTENANCE, WESTERN AREA POWER ADMINIS6 TRATION

7 For carrying out the functions authorized by title III, 

8 section 302(a)(1)(E) of the Act of August 4, 1977 (42 

9 U.S.C. 7152), and other related activities including con10 servation and renewable resources programs as author11 ized, including official reception and representation ex12 penses in an amount not to exceed $1,500, $171,000,000, 

13 to remain available until expended, of which $167,236,000 

14 shall be derived from the Department of the Interior Rec15 lamation Fund: Provided, That up to $166,000,000 col16 lected by the Western Area Power Administration pursu17 ant to the Flood Control Act of 1944 and the Reclamation 

18 Project Act of 1939 to recover purchase power and wheel19 ing expenses shall be credited to this account as offsetting 

20 collections, to remain available until expended for the sole 

21 purpose of making purchase power and wheeling expendi22 tures. 
30

HR 2754 PP 

1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $2,640,000, to remain available until expended, 

6 and to be derived from the Falcon and Amistad Operating 

7 and Maintenance Fund of the Western Area Power Ad8 ministration, as provided in section 423 of the Foreign 

9 Relations Authorization Act, Fiscal Years 1994 and 1995. 

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Federal Energy Regu13 latory Commission to carry out the provisions of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 

15 seq.), including services as authorized by 5 U.S.C. 3109, 

16 the hire of passenger motor vehicles, and official reception 

17 and representation expenses (not to exceed $3,000), 

18 $192,000,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law, 

20 not to exceed $192,000,000 of revenues from fees and an21 nual charges, and other services and collections in fiscal 

22 year 2004 shall be retained and used for necessary ex23 penses in this account, and shall remain available until 

24 expended: Provided further, That the sum herein appro25 priated from the General Fund shall be reduced as reve-
31

HR 2754 PP 

1 nues are received during fiscal year 2004 so as to result 

2 in a final fiscal year 2004 appropriation from the General 

3 Fund estimated at not more than $0. 

4 GENERAL PROVISIONS 

5 DEPARTMENT OF ENERGY 

6 SEC. 301. (a) Notwithstanding any other provision 

7 of law, including section 303(c)(1) of title III of the Fed8 eral Property and Administrative Services Act of 1949 (41 

9 U.S.C. 253(c)(3)), none of the funds in this or any other 

10 appropriations Act for fiscal year 2004 or any previous 

11 fiscal year may be used to make payments for any man12 agement and operating contract of the Department of En13 ergy unless that contract was awarded using competitive 

14 procedures within the past fifty fiscal years or unless the 

15 Secretary of Energy, not later than sixty days after the 

16 date of enactment of this Act, publishes in the Federal 

17 Register and submits to the Committees on Appropria18 tions of the House of Representatives and the Senate a 

19 notification of intent to use competitive procedures for the 

20 procurement of each management and operating contract 

21 when the current term of each such contract expires. 

22 (b) The Secretary may not impose any conditions on 

23 the competition of a management and operating contract 

24 that is funded under this or any other appropriations Act 

25 that may have the effect of biasing the competition in 
32

HR 2754 PP 

1 favor of the incumbent contractor or otherwise providing 

2 for anything less than full and open competition of such 

3 contracts. 

4 (c) For purposes of this section, the term ‘‘manage5 ment and operating contract’’ means a contract for the 

6 management and operation of a Department of Energy 

7 laboratory, facility, site, or plant as used in subpart 

8 17.601 of the Federal Acquisition Regulation. 

9 (d) For purposes of this section, the terms ‘‘competi10 tive procedures’’ and ‘‘full and open competition’’ have the 

11 meanings provided in section 4 of the Office of Federal 

12 Procurement Policy Act (41 U.S.C. 403). 

13 (e) The provisions of subsection (a) in this section 

14 apply to contracts awarded for a term of one year or more, 

15 not to interim extensions of less than one year used to 

16 extend contract performance until a long-term contract is 

17 placed or to provide continuity of service between con18 tracts. 

19 SEC. 302. None of the funds appropriated by this Act 

20 may be used to—

21 (1) develop or implement a workforce restruc22 turing plan that covers employees of the Department 

23 of Energy; or 

24 (2) provide enhanced severance payments or 

25 other benefits for employees of the Department of 
33

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1 Energy, under section 3161 of the National Defense 

2 Authorization Act for Fiscal Year 1993 (Public Law 

3 102–484; 42 U.S.C. 7274h). 

4 SEC. 303. None of the funds appropriated by this Act 

5 may be used to augment the $15,000,000 made available 

6 for obligation by this Act for severance payments and 

7 other benefits and community assistance grants under sec8 tion 3161 of the National Defense Authorization Act for 

9 Fiscal Year 1993 (Public Law 102–484; 42 U.S.C. 

10 7274h) unless the Department of Energy submits a re11 programming request subject to approval by the appro12 priate congressional committees. 

13 SEC. 304. None of the funds appropriated by this Act 

14 may be used to prepare or initiate Requests For Proposals 

15 (RFPs) for a program if the program has not been funded 

16 by Congress. 

17 (TRANSFERS OF UNEXPENDED BALANCES)

18 SEC. 305. The unexpended balances of prior appro19 priations provided for activities in this Act may be trans20 ferred to appropriation accounts for such activities estab21 lished pursuant to this title. Balances so transferred may 

22 be merged with funds in the applicable established ac23 counts and thereafter may be accounted for as one fund 

24 for the same time period as originally enacted. 

25 SEC. 306. None of the funds in this or any other Act 

26 for the Administrator of the Bonneville Power Administra-
34

HR 2754 PP 

1 tion may be used to enter into any agreement to perform 

2 energy efficiency services outside the legally defined Bon3 neville service territory, with the exception of services pro4 vided internationally, including services provided on a re5 imbursable basis, unless the Administrator certifies in ad6 vance that such services are not available from private sec7 tor businesses. 

8 SEC. 307. When the Department of Energy makes 

9 a user facility available to universities and other potential 

10 users, or seeks input from universities and other potential 

11 users regarding significant characteristics or equipment in 

12 a user facility or a proposed user facility, the Department 

13 shall ensure broad public notice of such availability or 

14 such need for input to universities and other potential 

15 users. When the Department of Energy considers the par16 ticipation of a university or other potential user as a for17 mal partner in the establishment or operation of a user 

18 facility, the Department shall employ full and open com19 petition in selecting such a partner. For purposes of this 

20 section, the term ‘‘user facility’’ includes, but is not lim21 ited to: (1) a user facility as described in section 

22 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

23 13503(a)(2)); (2) a National Nuclear Security Adminis24 tration Defense Programs Technology Deployment Cen-
35

HR 2754 PP 

1 ter/User Facility; and (3) any other Departmental facility 

2 designated by the Department as a user facility. 

3 SEC. 308. The Administrator of the National Nuclear 

4 Security Administration may authorize the manager of a 

5 covered nuclear weapons research, development, testing or 

6 production facility to engage in research, development, 

7 and demonstration activities with respect to the engineer8 ing and manufacturing capabilities at such facility in 

9 order to maintain and enhance such capabilities at such 

10 facility: Provided, That of the amount allocated to a cov11 ered nuclear weapons facility each fiscal year from 

12 amounts available to the Department of Energy for such 

13 fiscal year for national security programs, not more than 

14 an amount equal to 2 percent of such amount may be used 

15 for these activities: Provided further, That for purposes of 

16 this section, the term ‘‘covered nuclear weapons facility’’ 

17 means the following: 

18 (1) the Kansas City Plant, Kansas City, Mis19 souri; 

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

21 (3) the Pantex Plant, Amarillo, Texas; 

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

23 and 

24 (5) the Nevada Test Site. 
36

HR 2754 PP 

1 SEC. 309. Funds appropriated by this or any other 

2 Act, or made available by the transfer of funds in this 

3 Act, for intelligence activities are deemed to be specifically 

4 authorized by the Congress for purposes of section 504 

5 of the National Security Act of 1947 (50 U.S.C. 414) dur6 ing fiscal year 2004 until the enactment of the Intelligence 

7 Authorization Act for fiscal year 2004. 

8 TITLE IV 

9 INDEPENDENT AGENCIES 

10 APPALACHIAN REGIONAL COMMISSION

11 For expenses necessary to carry out the programs au12 thorized by the Appalachian Regional Development Act of 

13 1965, as amended, for necessary expenses for the Federal 

14 Co-Chairman and the alternate on the Appalachian Re15 gional Commission, for payment of the Federal share of 

16 the administrative expenses of the Commission, including 

17 services as authorized by 5 U.S.C. 3109, and hire of pas18 senger motor vehicles, $33,145,000, to remain available 

19 until expended. 

20 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

21 SALARIES AND EXPENSES

22 For necessary expenses of the Defense Nuclear Fa23 cilities Safety Board in carrying out activities authorized 

24 by the Atomic Energy Act of 1954, as amended by Public 
37

HR 2754 PP 

1 Law 100–456, section 1441, $19,559,000, to remain 

2 available until expended. 

3 DELTA REGIONAL AUTHORITY

4 SALARIES AND EXPENSES

5 For necessary expenses of the Delta Regional Author6 ity and to carry out its activities, as authorized by the 

7 Delta Regional Authority Act of 2000, as amended, not8 withstanding sections 382C(b)(2), 382F(d), and 382M(b) 

9 of said Act, $2,000,000, to remain available until ex10 pended. 

11 NUCLEAR REGULATORY COMMISSION

12 SALARIES AND EXPENSES

13 For necessary expenses of the Commission in car14 rying out the purposes of the Energy Reorganization Act 

15 of 1974, as amended, and the Atomic Energy Act of 1954, 

16 as amended, including official representation expenses 

17 (not to exceed $15,000), and purchase of promotional 

18 items for use in the recruitment of individuals for employ19 ment, $618,800,000, to remain available until expended: 

20 Provided, That of the amount appropriated herein, 

21 $33,100,000 shall be derived from the Nuclear Waste 

22 Fund: Provided further, That revenues from licensing fees, 

23 inspection services, and other services and collections esti24 mated at $538,844,000 in fiscal year 2004 shall be re25 tained and used for necessary salaries and expenses in this 
38

HR 2754 PP 

1 account, notwithstanding 31 U.S.C. 3302, and shall re2 main available until expended: Provided further, That the 

3 sum herein appropriated shall be reduced by the amount 

4 of revenues received during fiscal year 2004 so as to result 

5 in a final fiscal year 2004 appropriation estimated at not 

6 more than $79,956,000. 

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector 

9 General in carrying out the Inspector General Act of 1978, 

10 as amended, $7,300,000, to remain available until Sep11 tember 30, 2005: Provided, That revenues from licensing 

12 fees, inspection services, and other services and collections 

13 estimated at $6,716,000 in fiscal year 2004 shall be re14 tained and be available until expended, for necessary sala15 ries and expenses in this account notwithstanding 31 

16 U.S.C. 3302: Provided further, That the sum herein ap17 propriated shall be reduced by the amount of revenues re18 ceived during fiscal year 2004 so as to result in a final 

19 fiscal year 2004 appropriation estimated at not more than 

20 $584,000. 

21 NUCLEAR WASTE TECHNICAL REVIEW BOARD

22 SALARIES AND EXPENSES

23 For necessary expenses of the Nuclear Waste Tech24 nical Review Board, as authorized by Public Law 100–
39

HR 2754 PP 

1 203, section 5051, $3,177,000, to be derived from the Nu2 clear Waste Fund, and to remain available until expended. 

3 TITLE V 

4 GENERAL PROVISIONS 

5 SEC. 501. None of the funds appropriated by this Act 

6 may be used in any way, directly or indirectly, to influence 

7 congressional action on any legislation or appropriation 

8 matters pending before Congress, other than to commu9 nicate to Members of Congress as described in 18 U.S.C. 

10 1913. 

11 SEC. 502. PROHIBITION OF CONTRACTS WITH PER12 SONS FALSELY LABELING PRODUCTS AS MADE IN AMER13 ICA. If it has been finally determined by a court or Federal 

14 agency that any person intentionally affixed a label bear15 ing a ‘‘Made in America’’ inscription, or any inscription 

16 with the same meaning, to any product sold in or shipped 

17 to the United States that is not made in the United 

18 States, the person shall be ineligible to receive any con19 tract or subcontract made with funds made available in 

20 this Act, pursuant to the debarment, suspension, and ineli21 gibility procedures described in sections 9.400 through 

22 9.409 of title 48, Code of Federal Regulations. 

23 SEC. 503. None of the funds made available in this 

24 Act may be transferred to any department, agency, or in25 strumentality of the United States Government, except 
40

HR 2754 PP 

1 pursuant to a transfer made by, or transfer authority pro2 vided in, this Act or any other appropriation Act. 

3 SEC. 504. None of the funds made available in this 

4 Act may be used to release water from the San Juan 

5 Chama Project or Middle Rio Grande Project for the pur6 pose of complying with the Endangered Species Act of 

7 1973 (16 U.S.C. 1531 et seq.). 

8 SEC. 505. None of the funds made available by this 

9 Act may be used to issue any license, approval, or author10 ization for the export or reexport, or the transfer or re11 transfer, either directly or indirectly, to the Democratic 

12 Peoples’ Republic of North Korea of—

13 (1) any special nuclear material or byproduct 

14 material; 

15 (2) any nuclear production or utilization facili16 ties; or 

17 (3) any components, technologies, substances, 

18 technical information, or related goods or services 

19 used (or which could be used) in a nuclear produc20 tion or utilization facility; except that this restriction 

21 shall not apply to exports, reexports, transfers, or 

22 retransfers of radiation monitoring technologies. 

23 This Act may be cited as the ‘‘Energy and Water De24 velopment Appropriations Act, 2004’’.
41

HR 2754 PP 

1 That the following sums are appropriated, out of any 

2 money in the Treasury not otherwise appropriated, for the 

3 fiscal year ending September 30, 2004, for energy and 

4 water development, and for other purposes, namely: 

5 TITLE I 

6 DEPARTMENT OF DEFENSE—CIVIL 

7 DEPARTMENT OF THE ARMY 

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under 

10 the direction of the Secretary of the Army and the super11 vision of the Chief of Engineers for authorized civil func12 tions of the Department of the Army pertaining to rivers 

13 and harbors, flood control, shore protection, and related 

14 purposes. 

15 GENERAL INVESTIGATIONS

16 For expenses necessary for the collection and study of 

17 basic information pertaining to river and harbor, flood con18 trol, shore protection, and related projects, restudy of au19 thorized projects, miscellaneous investigations, and, when 

20 authorized by laws, surveys and detailed studies and plans 

21 and specifications of projects prior to construction, 

22 $131,700,000, to remain available until expended, of which 

23 $500,000, along with $500,000 of the unobligated balance 

24 of funds made available under this heading in the Energy 

25 and Water Appropriations Act, 2003, may be transferred 

26 to the Bureau of Reclamation to conduct a feasibility study 
42

HR 2754 PP 

1 for the purposes of providing water to Park City and the 

2 Snyderville Basin, Utah: Provided, That in conducting the 

3 Southwest Valley Flood Damage Reduction Study, Albu4 querque, New Mexico, the Secretary of the Army, acting 

5 through the Chief of Engineers, shall include an evaluation 

6 of flood damage reduction measures that would otherwise 

7 be excluded from the feasibility analysis based on policies 

8 regarding the frequency of flooding, the drainage areas, and 

9 the amount of runoff: Provided further, That the Secretary 

10 of the Army, acting through the Chief of Engineers is di11 rected to use $250,000 for preconstruction engineering and 

12 design of Waikiki Beach, Oahu, Hawaii, the project to be 

13 designed and evaluated, as authorized: Provided further, 

14 That the Secretary of the Army, acting through the Chief 

15 of Engineers is directed to use $250,000 for the continuation 

16 and completion of feasibility studies of Kihei Beach, Maui, 

17 Hawaii. Any recommendations for a National Economic 

18 Development Plan shall be accepted notwithstanding the ex19 tent of recreation benefits supporting the project features, 

20 in view of the fact that recreation is extremely important 

21 in sustaining and increasing the economic well-being of the 

22 State of Hawaii and the nation. 

23 CONSTRUCTION, GENERAL

24 For the prosecution of river and harbor, flood control, 

25 shore protection, and related projects authorized by laws; 

26 and detailed studies, and plans and specifications, of 
43

HR 2754 PP 

1 projects (including those for development with participation 

2 or under consideration for participation by States, local 

3 governments, or private groups) authorized or made eligible 

4 for selection by law (but such studies shall not constitute 

5 a commitment of the Government to construction), 

6 $1,538,000,000, to remain available until expended, of 

7 which such sums as are necessary for the Federal share of 

8 construction costs for facilities under the Dredged Material 

9 Disposal Facilities program shall be derived from the Har10 bor Maintenance Trust Fund, as authorized by Public Law 

11 104–303; and of which such sums as are necessary pursuant 

12 to Public Law 99–662 shall be derived from the Inland Wa13 terways Trust Fund, for one-half of the costs of construction 

14 and rehabilitation of inland waterways projects, including 

15 rehabilitation costs for the Lock and Dam 11, Mississippi 

16 River, Iowa; Lock and Dam 12, Mississippi River, Iowa; 

17 Lock and Dam 19, Mississippi River, Iowa; Lock and Dam 

18 24, Mississippi River, Illinois and Missouri; Lock and Dam 

19 3, Mississippi River, Minnesota; and London Locks and 

20 Dam, Kanawha River, West Virginia, projects; and of 

21 which funds are provided for the following projects in the 

22 amounts specified: Provided, That using $9,280,000 of the 

23 funds appropriated herein, the Secretary of the Army, act24 ing through the Chief of Engineers, is directed to continue 

25 construction of the Dallas Floodway Extension, Texas, 
44

HR 2754 PP 

1 project, including the Cadillac Heights feature, generally in 

2 accordance with the Chief of Engineers report dated Decem3 ber 7, 1999: Provided further, That the Secretary of the 

4 Army is directed to accept advance funds, pursuant to sec5 tion 11 of the River and Harbor Act of 1925, from the non6 Federal sponsor of the Los Angeles Harbor, California, 

7 project authorized by section 101(b)(5) of Public Law 106–

8 541: Provided further, That the Secretary of the Army, act9 ing through the Chief of Engineers, is directed to use 

10 $1,000,000 of the funds provided herein to continue con11 struction of the Hawaii Water Management Project: Pro12 vided further, That the Secretary of the Army, acting 

13 through the Chief of Engineers, is directed to use $2,500,000 

14 of the funds appropriated herein to continue construction 

15 of the navigation project at Kaumalapau Harbor, Hawaii: 

16 Provided further, That the Secretary of the Army, acting 

17 through the Chief of Engineers, is directed to use $6,000,000 

18 of the funds provided herein for Dam Safety and Seepage/

19 Stability Correction Program to continue construction of 

20 seepage control features and to design and construct repairs 

21 to the tainter gates at Waterbury Dam, Vermont: Provided 

22 further, That the Secretary of the Army, acting through the 

23 Chief of Engineers, is directed to use $17,000,000 of the 

24 funds appropriated herein to proceed with planning, engi25 neering, design or construction of the Grundy, Buchanan 
45

HR 2754 PP 

1 County, and Dickenson County, Virginia elements of the 

2 Levisa and Tug Forks of the Big Sandy River and Upper 

3 Cumberland River Project: Provided further, That the Sec4 retary of the Army, acting through the Chief of Engineers, 

5 is directed to use $6,400,000 of the funds appropriated here6 in to proceed with the planning, engineering, design or con7 struction of the Lower Mingo County, Upper Mingo County, 

8 Wayne County, McDowell County, West Virginia elements 

9 of the Levisa and Tug Forks of the Big Sandy River and 

10 Upper Cumberland River Project: Provided further, That 

11 the Secretary of the Army, acting through the Chief of Engi12 neers, is directed to continue the Dickenson County Detailed 

13 Project Report as generally defined in Plan 4 of the Hun14 tington District Engineer’s Draft Supplement to the Sec15 tion 202 General Plan for Flood Damage Reduction dated 

16 April 1997, including all Russell Fork tributary streams 

17 within the County and special considerations as may be 

18 appropriate to address the unique relocations and resettle19 ment needs for the flood prone communities within the 

20 County: Provided further, That the Secretary of the Army, 

21 acting through the Chief of Engineers, is directed to proceed 

22 with the construction of the Seward Harbor, Alaska, project, 

23 in accordance with the Report of the Chief of Engineers, 

24 dated June 8, 1999, and the economic justification con25 tained therein: Provided further, That the Secretary of the 
46

HR 2754 PP 

1 Army, acting through the Chief of Engineers, is directed 

2 and authorized to continue the work to replace and upgrade 

3 the dam and all connections to the existing system at Kake, 

4 Alaska: Provided further, That the Secretary of the Army, 

5 acting through the Chief of Engineers, is directed to proceed 

6 with the construction of the Wrangell Harbor, Alaska, 

7 project in accordance with the Chief of Engineer’s report 

8 dated December 23, 1999: Provided further, That the Sec9 retary of the Army, acting through the Chief of Engineers, 

10 is directed to proceed with construction of the Breckenridge, 

11 Minnesota, project in accordance with the Breckenridge, 

12 Minnesota Feasibility Report and Environmental Impact 

13 Statement dated September 2000, approved April 8, 2002: 

14 Provided further, That the Secretary of the Army, acting 

15 through the Chief of Engineers, is directed to proceed with 

16 construction of repairs to the Bois Brule, Missouri, project 

17 in accordance with the Bois Brule Deficiency Correction 

18 Report including applicable NEPA compliance submitted 

19 to the Mississippi Valley Division in June 2003: Provided 

20 further, That the Secretary of the Army, acting through the 

21 Chief of Engineers, is directed to continue with construction 

22 of the DeSoto County Regional Wastewater System Project 

23 in accordance with the DeSoto County, Mississippi Envi24 ronmental Infrastructure-Letter Reports prepared pursuant 

25 to guidance for Section 219 projects: Provided further, That 
47

HR 2754 PP 

1 the Secretary of the Army, acting through the Chief of Engi2 neers, is directed to continue with construction of the Des 

3 Moines Recreational River and Greenbelt, Iowa, project in 

4 accordance with the Des Moines Recreation River and 

5 Greenbelt, Iowa, General Design Memorandum with Pro6 grammatic Environmental Impact Statement dated Sep7 tember 1987, as amended by the Annual Program Manage8 ment Reports which serve as the Master Plan for the overall 

9 project, and site specific decision documents for the added 

10 work: Provided further, That the Secretary of the Army, 

11 acting through the Chief of Engineers is directed to continue 

12 with construction of the Rio de Flag, Flagstaff, Arizona, 

13 project generally in accordance with the Chief of Engineers 

14 report dated December 29, 2000: Provided further, That the 

15 Secretary of the Army, acting through the Chief of Engi16 neers is directed to continue with construction of the Tucson 

17 Drainage Area, Arizona, generally in accordance with the 

18 Chief of Engineers report dated May 20, 1998: Provided 

19 further, That the Secretary of the Army, acting through the 

20 Chief of Engineers, is directed to proceed with the construc21 tion of the Zuni and Sun Valley Reaches, South Platte 

22 River, Denver County, Colorado, project, in accordance 

23 with the Report of the Chief of Engineers, dated May 16, 

24 2003, and the economic justification contained therein: Pro25 vided further, That the Secretary of the Army, acting 
48

HR 2754 PP 

1 through the Chief of Engineers, is directed to proceed with 

2 construction of the Delaware Bay Coastline, Point Mahon, 

3 Delaware, project, in accordance with the Report of the 

4 Chief of Engineers, dated September 28, 1998, and the eco5 nomic justification contained therein: Provided further, 

6 That the Secretary of the Army, acting through the Chief 

7 of Engineers, is directed to proceed with the construction 

8 of the Delaware Coast from Cape Henlopen to Fenwick Is9 land, Fenwick Island, Delaware, project, in accordance 

10 with the Report of the Chief of Engineers, dated December 

11 29, 2000, and the economic justification contained therein: 

12 Provided further, That the Secretary of the Army, acting 

13 through the Chief of Engineers, is directed to continue prep14 aration of the General Re-evaluation Report (GRR) to de15 termine the feasibility of additional deepening and wid16 ening of the Federal Project at Gulfport Harbor, Mis17 sissippi: Provided further, That the Secretary of the Army, 

18 acting through the Chief of Engineers, is directed to con19 tinue construction for the Sand Creek Watershed, Nebraska, 

20 project in accordance with the Report of the Chief of Engi21 neers, dated December 29, 2000: Provided further, That the 

22 Secretary of the Army, acting through the Chief of Engi23 neers, is to proceed with the construction of the Brigantine 

24 Inlet to Great Egg Harbor, Brigantine Island, New Jersey, 

25 project, in accordance with the Report of the Chief of Engi-
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1 neers, dated December 1999, and the economic justification 

2 contained therein: Provided further, That the Secretary of 

3 the Army, acting through the Chief of Engineers, is directed 

4 to proceed with planning, engineering, and design and ini5 tiate floodway buy outs for the Passaic River Management, 

6 New Jersey, project, generally in accordance with the Corps 

7 of Engineers Passaic River Floodway Buy-out Report, 

8 dated October 1995: Provided further, That the Secretary 

9 of the Army, acting through the Chief of Engineers, may 

10 use $1,000,000 of the funds made available under this head11 ing to continue construction of the project for Passaic River 

12 Streambank Restoration, Minish Park, New Jersey, and 

13 $6,500,000 of the funds made available under this heading 

14 to carry out the project for the Raritan River Basin, Green 

15 Brook Sub-Basin, New Jersey: Provided further, That the 

16 Secretary of the Army, acting through the Chief of Engi17 neers, is directed to continue engineering and design for the 

18 Ramapo and Mahwah Rivers, Mahwah, New Jersey and 

19 Suffern, New York, project: Provided further, That the Sec20 retary of the Army, acting through the Chief of Engineers, 

21 is directed to continue construction of the Dare County 

22 Beaches, North Carolina (Bodie Island), project, in accord23 ance with the Report of the Chief of Engineers, dated De24 cember 29, 2000, and the economic justification contained 

25 therein: Provided further, That the Secretary of the Army, 
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1 acting through the Chief of Engineers, is directed to con2 tinue construction of the Holes Creek, Ohio, project includ3 ing the additional floodwall and relocations, generally in 

4 accordance with the Chief of Engineers report dated Decem5 ber 23, 1981 and the Supplement to the Reevaluation Re6 port, dated 2003: Provided further, That the Secretary of 

7 the Army, acting through the Chief of Engineers, is directed 

8 to continue with the design and construction of the Canton 

9 Lake, Oklahoma (Dam Safety) project, in accordance with 

10 the Corps of Engineer’s Dam Safety Assurance Report, 

11 dated March 22, 2002: Provided further, That the Secretary 

12 of the Army, acting through the Chief of Engineers, is di13 rected to continue with design and construction of the 

14 Lawton, Oklahoma, Waste Water Infrastructure Rehabilita15 tion project, in accordance with the requirements identified 

16 in the City of Lawton’s Sewer Rehabilitation Program in 

17 conjunction with the Oklahoma Department of Environ18 mental Quality’s consent order: Provided further, That the 

19 Secretary of the Army, acting through the Chief of Engi20 neers, is directed to proceed with the construction of the Co21 lumbia River Channel Improvements, Oregon and Wash22 ington, project in accordance with the Report of the Chief 

23 of Engineers, dated December 23, 1999 and the economic 

24 justification and environmental features stated therein, as 

25 amended by the Final Supplemental Integrated Feasibility 
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1 Report and Environmental Impact Statement dated Janu2 ary 28, 2003: Provided further, That the Secretary of the 

3 Army, acting through the Chief of Engineers, is directed 

4 to proceed with the construction of the Schuylkill River 

5 Park, Philadelphia, Pennsylvania, project, in accordance 

6 with the Letter Report, dated February 2003, and the eco7 nomic justification contained therein: Provided further, 

8 That the Secretary of the Army, acting through the Chief 

9 of Engineers, is directed to proceed with the preparation 

10 of plans and specifications for periodic nourishment of the 

11 Folly Beach, South Carolina, project, in accordance with 

12 the General Design Memorandum, dated May 1991 and ap13 proved by the Chief of Engineers on July 22, 1992, and 

14 the economic justification contained therein: Provided fur15 ther, That the Secretary of the Army, acting through the 

16 Chief of Engineers, is directed to proceed to construction 

17 of the Missouri River, South Dakota, project, in accordance 

18 with the provisions contained in Title IX of WRDA 2000: 

19 Provided further, That the Secretary of the Army, acting 

20 through the Chief of Engineers, is directed to proceed with 

21 the Puget Sound Adjacent Waters Restoration, Washington 

22 project, as directed by Section 544 of Public Law 106–541: 

23 Provided further, That the Secretary of the Army, acting 

24 through the Chief of Engineers, is directed to proceed with 

25 the Shoalwater Bay Shoreline Erosion, Washington, project 
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1 as directed by Section 545 of Public Law 106–541: Pro2 vided further, That the Secretary of the Army, acting 

3 through the Chief of Engineers, is directed to proceed with 

4 the construction of the Jackson Hole, Wyoming, project, in 

5 accordance with Public Law 106–541, and the economic 

6 justification contained therein: Provided further, That the 

7 Secretary of the Army is directed to use funds appropriated 

8 for the navigation project, Tampa Harbor, Florida to carry 

9 out, as part of the project, construction of passing lanes in 

10 an area approximately 3.5 miles long, centered on Tampa 

11 Bay Cut B, if the Secretary determines that such construc12 tion is technically sound, environmentally acceptable, and 

13 cost effective: Provided further, That no funds appropriated 

14 in this Act for the purpose of construction of the projects 

15 for the Everglades and South Florida Ecosystem Restora16 tion shall be available for expenditure unless the Adminis17 trator of the Environmental Protection Agency certifies that 

18 the projects meet all applicable state water quality stand19 ards and numeric criteria adopted for phosphorus as well 

20 as water quality requirements set forth in the Consent De21 cree by September 30, 2003 and every 12 months thereafter 

22 until September 30, 2006: Provided further, That within 

23 funds provided herein, $500,000 may be used for completion 

24 of design and initiation of construction of the McCarran 

25 Ranch, NV, environmental restoration project: Provided 
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1 further, That within funds provided herein, $100,000 may 

2 be used for initiation of feasibility studies to address erosion 

3 along Bayou Teche, LA within the Chitimacha Reservation: 

4 Provided further, That the Secretary of the Army may use 

5 at least $1,000,000 of the funds provided under this heading 

6 for the Great Lakes fishery and ecosystem restoration pro7 gram: Provided further, That using $200,000 appropriated 

8 herein, the Secretary of the Army, acting through the Chief 

9 of Engineers, may develop an environmental impact state10 ment for introducing non-native oyster species into the 

11 Chesapeake Bay. During preparation of the environmental 

12 impact statement, the Secretary may establish a scientific 

13 advisory body consisting of the Virginia Institute of Marine 

14 Science, the University of Maryland, and other appropriate 

15 research institutions to review the sufficiency of the envi16 ronmental impact statement. In addition, the Secretary 

17 shall give consideration to the findings and recommenda18 tions of the National Academy of Sciences report on the in19 troduction of non-native oyster species into the Chesapeake 

20 Bay in the preparation of the environmental impact state21 ment. Notwithstanding the cost sharing provisions of sec22 tion 510(d) of the Water Resources Development Act of 1996 

23 (110 Stat. 3760), the preparation of the environmental im24 pact statement shall be cost shared 50 percent Federal and 

25 50 percent non-Federal, for an estimated cost of $2,000,000. 
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1 The non-Federal sponsors may meet their 50 percent match2 ing cost share through in-kind services: Provided, That the 

3 Secretary determines that work performed by the non-Fed4 eral sponsors is reasonable, allowable, allocable, and inte5 gral to the development of the environmental impact state6 ment. 

7 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 

8 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS9 SISSIPPI, MISSOURI, AND TENNESSEE

10 For expenses necessary for prosecuting work of flood 

11 control, rescue work, repair, restoration, or maintenance of 

12 flood control projects threatened or destroyed by flood, as 

13 authorized by law (33 U.S.C. 702a and 702g–1), 

14 $329,000,000, to remain available until expended: Pro15 vided, That the Secretary of the Army, acting through the 

16 Chief of Engineers, using $12,000,000 of the funds provided 

17 herein, is directed to continue design and real estate activi18 ties and to initiate the pump supply contract for the Yazoo 

19 Basin, Yazoo Backwater Pumping Plant, Mississippi: Pro20 vided further, That the pump supply contract shall be per21 formed by awarding continuing contracts in accordance 

22 with 33 U.S.C. 621: Provided further, That the Secretary 

23 of the Army, acting through the Chief of Engineers is di24 rected, with funds previously appropriated, to continue con25 struction of water withdrawal features of the Grand Prai26 rie, Arkansas, project. 
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1 OPERATION AND MAINTENANCE, GENERAL

2 For expenses necessary for the preservation, operation, 

3 maintenance, and care of existing river and harbor, flood 

4 control, and related works, including such sums as may be 

5 necessary for the maintenance of harbor channels provided 

6 by a State, municipality or other public agency, outside 

7 of harbor lines, and serving essential needs of general com8 merce and navigation; surveys and charting of northern 

9 and northwestern lakes and connecting waters; clearing and 

10 straightening channels; and removal of obstructions to navi11 gation, $2,014,000,000, to remain available until expended, 

12 of which such sums as become available in the Harbor 

13 Maintenance Trust Fund, pursuant to Public Law 99–662, 

14 may be derived from that Fund, and of which such sums 

15 as become available from the special account established by 

16 the Land and Water Conservation Act of 1965, as amended 

17 (16 U.S.C. 460l), may be derived from that account for con18 struction, operation, and maintenance of outdoor recreation 

19 facilities; and of which $500,000 may be available for 

20 dredging and other operation and maintenance of the Rogue 

21 River, Gold Beach, Oregon; and of which $500,000 may be 

22 available for dredging and other operation and mainte23 nance of the Umpqua River, Oregon: Provided, That of 

24 funds appropriated herein, for the Intracoastal Waterway, 

25 Delaware River to Chesapeake Bay, Delaware and Mary-
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1 land, the Secretary of the Army, acting through the Chief 

2 of Engineers, is directed to reimburse the State of Delaware 

3 for normal operation and maintenance costs incurred by 

4 the State of Delaware for the SR1 Bridge from station 

5 58∂00 to station 293∂00 between October 1, 2003, and 

6 September 30, 2004: Provided further, That none of the 

7 funds appropriated under this heading may be used for the 

8 Great Lakes Sediment Transport Models: Provided further, 

9 That the Secretary of the Army, acting through the Chief 

10 of Engineers, may use not less than $5,461,000 of the funds 

11 made available under this heading for the Alabama-Coosa 

12 River, Alabama (including for routine operations and 

13 maintenance work at Swift Creek Park), of which not less 

14 than $2,500,000 may be used for annual maintenance 

15 dredging of navigational channels of the Alabama-Coosa 

16 River: Provided further, That the Secretary of the Army, 

17 acting through the Chief of Engineers, is directed to use 

18 funds appropriated herein to rehabilitate the existing 

19 dredged material disposal site for the project for navigation, 

20 Bodega Bay Harbor, California, and to continue mainte21 nance dredging of the Federal channel: Provided further, 

22 That the Secretary shall make suitable material excavated 

23 from the site as part of the rehabilitation effort available 

24 to the non-Federal sponsor, at no cost to the Federal Gov25 ernment, for use by the non-Federal sponsor in the develop-
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1 ment of public facilities: Provided further, That the Corps 

2 of Engineers shall not allocate any funds, to deposit dredge 

3 material, without the consent of the landowners, on private 

4 property located along Reach 1, Reach 2, Reach 4, Reach 

5 5, and Reach 6 of the Gulf Coast Intracoastal Waterway 

6 as defined by the Draft Laguna Madre GIWW Dredged Ma7 terial Management Plan prepared by the Corps of Engi8 neers and the Interagency Coordination Team dated Octo9 ber 11, 2002: Provided further, That the Secretary is di10 rected to use $5,000,000 of the funds appropriated herein 

11 to undertake the restoration of Tar Creek and Vicinity, 

12 Oklahoma project: Provided further, That the Secretary of 

13 the Army may use $3,000,000 of the funds provided under 

14 this heading to undertake, in connection with the harbor 

15 of Morehead City, North Carolina, a project to disperse 

16 sand along Bogue Banks: Provided further, That 

17 $65,000,000 is provided to be used by the Secretary of the 

18 Army, acting through the Chief of Engineers, to repair, re19 store, and clean up projects and facilities of the Corps of 

20 Engineers and dredge navigation channels, restore and 

21 clean out area streams, provide emergency stream bank pro22 tection, restore other crucial public infrastructure (includ23 ing water and sewer facilities), document flood impacts, 

24 and undertake other flood recovery efforts considered nec25 essary by the Chief of Engineers. 
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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For expenses necessary for emergency flood control, 

3 hurricane response, and emergency shore protection and re4 lated activities, $40,000,000, to remain available until ex5 pended. 

6 REGULATORY PROGRAM

7 For expenses necessary for administration of laws per8 taining to regulation of navigable waters and wetlands, 

9 $139,000,000, to remain available until expended. 

10 FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM

11 For expenses necessary to clean up contamination 

12 from sites throughout the United States resulting from work 

13 performed as part of the Nation’s early atomic energy pro14 gram, $140,000,000, to remain available until expended. 

15 GENERAL EXPENSES

16 For expenses necessary for general administration and 

17 related functions in the Office of the Chief of Engineers and 

18 offices of the Division Engineers, activities of the Hum19 phreys Engineer Center Support Activity, the Institute for 

20 Water Resources, and headquarters support functions at the 

21 USACE Finance Center, $160,000,000, to remain available 

22 until expended: Provided, That no part of any other appro23 priation provided in title I of this Act shall be available 

24 to fund the activities of the Office of the Chief of Engineers 

25 or the executive direction and management activities of the 

26 division offices: Provided further, That none of these funds 
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1 shall be available to support an office of congressional af2 fairs within the executive office of the Chief of Engineers. 

3 ADMINISTRATIVE PROVISIONS

4 Appropriations in this title shall be available for offi5 cial reception and representation expenses (not to exceed 

6 $5,000); and during the current fiscal year the Revolving 

7 Fund, Corps of Engineers, shall be available for purchase 

8 (not to exceed 100 for replacement only) and hire of pas9 senger motor vehicles. 

10 GENERAL PROVISIONS

11 CORPS OF ENGINEERS—CIVIL

12 SEC. 101. Agreements proposed for execution by the As13 sistant Secretary of the Army for Civil Works or the United 

14 States Army Corps of Engineers after the date of the enact15 ment of this Act pursuant to section 4 of the Rivers and 

16 Harbor Act of 1915, Public Law 64–291; section 11 of the 

17 River and Harbor Act of 1925, Public Law 68–585; the 

18 Civil Functions Appropriations Act, 1936, Public Law 75–

19 208; section 215 of the Flood Control Act of 1968, as amend20 ed, Public Law 90–483; sections 104, 203, and 204 of the 

21 Water Resources Development Act of 1986, as amended, 

22 Public Law 99–662; section 206 of the Water Resources De23 velopment Act of 1992, as amended, Public Law 102–580; 

24 section 211 of the Water Resources Development Act of 

25 1996, Public Law 104–303; and any other specific project 

26 authority, shall be limited to credits and reimbursements 
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1 per project not to exceed $10,000,000 in each fiscal year, 

2 and total credits and reimbursements for all applicable 

3 projects not to exceed $50,000,000 in each fiscal year. 

4 SEC. 102. None of the funds appropriated in this Act, 

5 or any other Act, shall be used to demonstrate or implement 

6 any plans divesting or transferring of any Civil Works mis7 sions, functions, or responsibilities for the United States 

8 Army Corps of Engineers to other government agencies 

9 without specific direction in a subsequent Act of Congress. 

10 SEC. 103. ALAMOGORDO, NEW MEXICO. The project for 

11 flood protection at Alamogordo, New Mexico, authorized by 

12 the Flood Control Act of 1962 (Public Law 87–874), is 

13 modified to authorize and direct the Secretary to construct 

14 a flood detention basin to protect the north side of the City 

15 of Alamogordo, New Mexico, from flooding. The flood deten16 tion basin shall be constructed to provide protection from 

17 a 100-year flood event. The project cost share for the flood 

18 detention basin shall be consistent with Section 103(a) of 

19 the Water Resources Development Act of 1986, notwith20 standing Section 202(a) of the Water Resources Develop21 ment Act of 1996. 

22 SEC. 104. Section 10 of the Rivers and Harbors Act 

23 of 1922, 42 Stat. 1043, 33 U.S.C. 621, is amended by insert24 ing a comma after the word ‘‘Congress’’ and inserting im25 mediately thereafter ‘‘to include any and all pre-authoriza-
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1 tion planning, engineering, design, construction, and oper2 ation and maintenance,’’. 

3 SEC. 105. The Secretary is authorized and may design, 

4 remove and dispose of oil bollards and associated debris in 

5 Burlington Harbor, Vermont, at full Federal expense. 

6 SEC. 106. KAKE DAM REPLACEMENT, KAKE, ALASKA

7 TECHNICAL CORRECTIONS. Section 105, Public Law 106–

8 377, is amended by striking ‘‘$7,000,000’’ and inserting in 

9 lieu thereof ‘‘$11,000,000 at full Federal expense’’. 

10 SEC. 107. DEAUTHORIZATION OF INACTIVE CORPS

11 PROJECTS. The following projects, with a total estimated 

12 authorized cost of $404,000,000, are not authorized after the 

13 date of enactment of this Act, except with respect to any 

14 portion of such a project which portion has been completed 

15 before such date or is under construction on such date: 

16 (1) The project for flood control, Green Bay 

17 Levee & Drainage District No. 2, Iowa, authorized by 

18 the Water Resources Development Act of 1986, de19 authorized in fiscal year 1991, and reauthorized by 

20 the Water Resources Development Act of 1992; 

21 (2) The project for navigation, Illinois Waterway 

22 Cal-Sag Part III, Illinois, authorized by the River 

23 and Harbor Act of 1946; 
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1 (3) The project for flood control, Lake George, 

2 Hobart, Indiana, authorized by the Water Resources 

3 Development Act of 1986; 

4 (4) The project for flood control, Hazard, Ken5 tucky, authorized by the Water Resources Develop6 ment Act of 1988 (Public Law 100–876) and the 

7 Water Resources Development Act of 1990 (Public 

8 Law 101–640); 

9 (5) The project for recreation, Taylorsville Lake 

10 (Uncompleted Recreation), Kentucky, authorized by 

11 the Flood Control Act of 1966; 

12 (6) The project for flood control, Vanceburg, Ken13 tucky, LPP, authorized by the Flood Control Act of 

14 1937; 

15 (7) The project for flood control, Libby Dam 

16 (Units 6–8), Montana, authorized by the Water Re17 sources Development Act of 1996; 

18 (8) The project for flood control, Epping, New 

19 Hampshire, authorized by the Water Resources Devel20 opment Act of 1992; 

21 (9) The project for flood control, Manchester, 

22 New Hampshire, authorized by the Water Resources 

23 Development Act of 1992; 
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1 (10) The project for flood control, Rochester, New 

2 Hampshire, authorized by the Water Resources Devel3 opment Act of 1992; 

4 (11) The project for multiple purposes, Fort Gib5 son Lake, Oklahoma (Units 5 and 6), authorized by 

6 the Water Resources Development Act of 1986; 

7 (12) The project for flood control, Parker Lake, 

8 Muddy Boggy Creek, Oklahoma, authorized by the 

9 Water Resources Development Act of 1986; 

10 (13) The project for flood control, Tamaqua, 

11 Pennsylvania, authorized by the Water Resources De12 velopment Act of 1974; 

13 (14) The project for shoreline protection, Cliff 

14 Walk, Newport, Rhode Island, authorized by the River 

15 and Harbor Act of 1956 and amended by the Water 

16 Resources Development Act of 1992; 

17 (15) The project for navigation, Narragansett 

18 Town Beach, Narragansett, Rhode Island, authorized 

19 by the Water Resources Development Act of 1992 and 

20 amended by the Water Resources Development Act of 

21 1996; 

22 (16) The project for navigation, Quonset Point23 Davisville, Rhode Island (Bulkhead Repairs), author24 ized by the Water Resources Development Act of 1996; 
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1 (17) The project for flood control, Arroyo Colo2 rado, Texas, authorized by the Water Resources Devel3 opment Act of 1986; 

4 (18) The project for flood control, Cypress Creek5 Structural, Texas, authorized by the Water Resources 

6 Development Act of 1988; and 

7 (19) The project for flood control, Cache County, 

8 Utah, authorized by the Water Resources Development 

9 Act of 1992 and amended by the Water Resources De10 velopment Act of 1999. 

11 SEC. 108. DEAUTHORIZATION OF PROJECTFOR NAVI12 GATION, PAWTUXET COVE, RHODE ISLAND. (a) IN GEN13 ERAL.—The portions of the project for navigation, 

14 Pawtuxet Cove, Rhode Island, authorized by section 101 of 

15 the River and Harbor Act of 1962 (76 Stat. 1173) and de16 scribed in subsection (b) shall no longer be authorized after 

17 the date of enactment of this Act. 

18 (b) DESCRIPTIONS.—The portions of the project re19 ferred to in subsection (a) are the following: 

20 (1) Beginning at a point along the western edge 

21 of the 6-foot channel just south of the 6-foot turning 

22 basin: N247,856.00, E530,338.00, thence running 

23 north 51 degrees 44 minutes 12.5 seconds west 214.77 

24 feet to a point N247,989.00, E530,169.37, thence run25 ning north 13 degrees 14 minutes 48.8 seconds west 
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1 149.99 feet to a point N248,135.00, E530,135.00, 

2 thence running north 44 degrees 11 minutes 7.4 sec3 onds east 137.77 feet to a point N248,233.79, 

4 E530,231.02, thence running north 3 degrees 58 min5 utes 18.8 seconds west 300.00 feet to a point 

6 N248,533.07, E530,210.24 thence running north 86 

7 degrees 1 minute 34.3 seconds east 35.00 feet to a 

8 point N248,535.50, E530,245.16, thence running 

9 south 3 degrees 58 minutes 21.0 seconds east 342.49 

10 feet to a point N248,193.83, E530,268.88, thence run11 ning south 44 degrees 11 minutes 7.4 seconds west 

12 135.04 feet to a point N248,097.00, E530,174.77, 

13 thence running south 13 degrees 14 minutes 48.8 sec14 onds east 85.38 feet to a point N248,013.89, 

15 E530,194.33, thence running south 51 degrees 44 

16 minutes 12.5 seconds east 166.56 feet to a point 

17 N247,910.74, E530,325.11 thence running south 13 

18 degrees 14 minutes 49.2 seconds east 56.24 feet to the 

19 point of origin. 

20 (2) Beginning at a point along the eastern edge 

21 of the 6-foot channel opposite the 6-foot turning basin: 

22 N248,180.00, E530,335.00, thence running south 32 

23 degrees 12 minutes 35.3 seconds east 88.25 feet to a 

24 point N248,105.33, E530,382.04, thence running 

25 south 13 degrees 14 minutes 49.2 seconds east 138.48 
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1 feet to a point N247,970.53, E530,413.77, thence run2 ning north 32 degrees 12 minutes 35.3 seconds west 

3 135.42 feet to a point N248,085.12, E530,341.59, 

4 thence running north 3 degrees 58 minutes 21.0 sec5 onds west 95.11 feet to the point of origin. 

6 (3) Beginning at a point along the eastern edge 

7 of the channel adjacent to the 6-foot entrance channel: 

8 N246,630.77, E530,729.17, thence running south 13 

9 degrees 14 minutes 49.2 seconds east 35.55 feet to a 

10 point N246,596.16, E530,737.32, thence running 

11 south 51 degrees 31 minutes 38.6 seconds east 283.15 

12 feet to a point N246,420.00, E530,959.00, thence run13 ning north 47 degrees 28 minutes 37.2 seconds west 

14 311.84 feet returning to a point N246,630.77, 

15 E530,729.17. 

16 SEC. 109. (a) The Secretary of the Army is authorized 

17 to provide technical, planning, design and construction as18 sistance to non-Federal interests to remedy adverse environ19 mental and human health impacts in Ottawa County, 

20 Oklahoma. In providing assistance, the Secretary shall co21 ordinate with the State, Tribal, and local interests. The Sec22 retary may undertake implementation of such activities as 

23 the Secretary determines to be necessary or advisable to 

24 demonstrate practicable alternatives, such activities shall 

25 include measures to address lead exposure and other envi-
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1 ronmental problems related to historical mining activities 

2 in the area. 

3 (b) In carrying out subsection (a), the Secretary may 

4 utilize, through contracts or other means, the services of the 

5 University of Oklahoma, the Oklahoma Department of En6 vironmental Quality, or such other entities as the Secretary 

7 determines to be appropriate. 

8 (c) Notwithstanding any other provision of law, the 

9 Secretary shall not incur liability under the Comprehensive 

10 Environmental Response, Compensation, and Liability Act 

11 (42 U.S.C. 9601, et seq.) for activities undertaken pursuant 

12 to this section. 

13 (d) Non-Federal interests shall be responsible for pro14 viding any necessary lands, easements or rights-of-way re15 quired for implementation of activities authorized by this 

16 section and shall be responsible for operating and main17 taining any restoration alternatives constructed or carried 

18 out pursuant to this section. All other costs shall be borne 

19 by the Federal Government. 

20 (e) There is authorized to be appropriated $15,000,000 

21 to carry out the purposes of this section. 

22 SEC. 110. The amount of $2,000,000 previously pro23 vided under the heading ‘‘Construction, General’’ in Title 

24 I of the Energy and Water Development Appropriations 

25 Act, 2003, Division D of Public Law 108–7, is to be used 
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1 to provide technical assistance at full Federal expense, to 

2 Alaskan communities to address the serious impacts of 

3 coastal erosion. 

4 SEC. 111. The project for flood control for the Amer5 ican and Sacramento Rivers, California, authorized by Sec6 tion 101(a)(1) of the Water Resources Development Act of 

7 1996 (Public Law 104–303) and Section 366 of the Water 

8 Resources Development Act of 1999, is modified to authorize 

9 the Secretary of the Army, acting through the Chief of Engi10 neers, to construct the project at a total cost of 

11 $205,000,000, with an estimated Federal share of 

12 $153,840,000 and an estimated non-Federal share of 

13 $51,160,000. For purposes of section 103 of the Water Re14 sources Development Act of 1986 (33 U.S.C. 2213), the 

15 modifications authorized by this section shall be subject to 

16 the same cost sharing in effect for the project authorized 

17 by 101(a)(1) of the Water Resources Development Act of 

18 1996. 

19 SEC. 112. ST. GEORGES BRIDGE, DELAWARE. None of 

20 the funds made available in this Act may be used to carry 

21 out any activity relating to closure or removal of the St. 

22 Georges Bridge across the Intracoastal Waterway, Delaware 

23 River to Chesapeake Bay, Delaware and Maryland, includ24 ing a hearing or any other activity relating to preparation 
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1 of an environmental impact statement concerning the clo2 sure or removal. 

3 SEC. 113. Section 214(a) of Public Law 106–541 is 

4 amended by striking ‘‘2003’’ and inserting in lieu thereof 

5 ‘‘2005’’. 

6 SEC. 114. The Secretary of the Army, acting through 

7 the Chief of Engineers, shall direct construction of Alter8 native 1 (Northeast Corner) for the project authorized in 

9 section 353 of Public Law 105–277 notwithstanding any 

10 other provision of law. 

11 SEC. 115. The Secretary of the Army, acting through 

12 the Chief of Engineers, is authorized to undertake appro13 priate planning, design, and construction measures for 

14 wildfire prevention and restoration in the Middle Rio 

15 Grande bosque in and around the City of Albuquerque. 

16 Work shall be directed toward those portions of the bosque 

17 which have been damaged by wildfire or are in imminent 

18 danger of damage from wildfire due to heavy fuel loads and 

19 impediments to emergency vehicle access. This work shall 

20 be undertaken at full Federal expense. 

21 SEC. 116. Section 595 of the Water Resources Develop22 ment Act of 1999 (113 Stat.383; 117 Stat. 142) is amend23 ed—

24 (1) by striking the section heading and inserting 

25 the following: 
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1 ‘‘SEC. 595. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, 

2 AND RURAL UTAH.’’; 

3 (2) in subsection (a)—

4 (A) by redesignating paragraphs (1) 

5 through (3) as subparagraphs (A) through (C), 

6 respectively; 

7 (B) by striking (a) and all that follows 

8 through ‘‘means—’’ and inserting the following: 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) RURAL NEVADA.—The term ‘rural Nevada’ 

11 means’’; and 

12 (C) by adding at the end the following: 

13 ‘‘(2) RURAL UTAH.—The term ‘rural Utah’ 

14 means—

15 ‘‘(A) the counties of Box Elder, Cache, Rich, 

16 Tooele, Morgan, Summit, Dagett, Wasatch, 

17 Duchesne, Uintah, Juab, Sanpete, Carbon, Mil18 lard, Sevier, Emery, Grand, Beaver, Piute, 

19 Wayne, Iron, Garfield, San Juan, and Kane, 

20 Utah; and 

21 ‘‘(B) the portions of Washington County, 

22 Utah, that are located outside the city of St. 

23 George, Utah.’’; 

24 (3) in subsections (b) and (c), by striking ‘‘Ne25 vada, Montana, and Idaho’’ and inserting ‘‘Idaho, 
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1 Montana, rural Nevada, New Mexico, and rural 

2 Utah’’; and 

3 (4) in subsection (h), by striking ‘‘2001—’’ and 

4 all that follows and inserting ‘‘2001 $25,000,000 for 

5 each of Idaho, Montana, New Mexico, and rural Utah, 

6 to remain available until expended.’’. 

7 SEC. 117. Of the amounts provided in section 312, the 

8 Secretary of Energy shall make the funds available to ‘‘De9 partment of Defense—Civil, Department of the Army, 

10 Corps of Engineers—Civil, Construction, General’’ account, 

11 to remain available until expended, for the following: 

12 $5,000,000 for the Walter F. George Powerhouse, AL; 

13 $3,400,000 for the Rio Salado, Phoenix and Tempe Reaches, 

14 AZ project; $3,000,000 for the Montgomery Point Lock and 

15 Dam, AR project; $2,250,000 for the Red River Below 

16 Denison Dam, AR and LA and TX project; $3,750,000 for 

17 the Red River Emergency Bank, AR and LA project; 

18 $5,000,000 for the Napa River, CA project; $5,000,000 for 

19 the Oakland Harbor, CA project; $5,000,000 for the Port 

20 of Los Angeles project; $4,300,000 for the Santa Ana River 

21 Mainstem, CA project; $2,900,000 for the South Sacramento 

22 Streams, CA project; $1,286,000 for the Delaware Coast 

23 from Cape Henlopen to Fenwick Island, DE project; 

24 $1,000,000 for the Delaware Bay Coastline, Port Mahon, 

25 DE project; $1,250,000 for the Martin County, FL project; 
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1 $3,000,000 for the Brunswick Harbor, GA project; 

2 $5,000,000 for the McCook and Thornton, IL project; 

3 $15,000,000 for the Olmsted Locks and Dam, Ohio River, 

4 IL and KY project; $600,000 for the Des Moines Rec5 reational River and Greenbelt, IA project; $250,000 for the 

6 Lock and Dam 19, IA project; $800,000 for the Perry Creek, 

7 IA project; $10,134,000 for the Kentucky Lock and Dam, 

8 KY project; $4,565,000 for the Inner Harbor Navigation 

9 Canal Lock, LA project; $3,000,000 for the J Bennett John10 ston Waterway, LA project; $10,000,000 for the Southeast 

11 Louisiana project; $262,000 for the Genessee County, MI 

12 project; $287,000 for the Negaunee, MI project; $1,000,000 

13 for the Breckenridge, MN project; $1,500,000 for the Blue 

14 River Basin, Kansas City, MO project; $3,000,000 for the 

15 Meramec River Basin, Valley Park Levee, MO project; 

16 $5,000,000 for the Mississippi River Between the Ohio and 

17 Missouri Rivers, MO project; $2,000,000 for the Fort Peck 

18 Fish Hatchery, MT project; $2,000,000 for the Rural Mon19 tana, MT project; $1,000,000 for the Western Sarpy and 

20 Clear Creek, NE project; $1,000,000 for the Great Egg Har21 bor Inlet and Peck Beach, NJ project; $1,000,000 for the 

22 Hackensack-Meadowlands, Environmental Improvement, 

23 NJ project; $500,000 for the Passaic River Preservation of 

24 Natural Storage Areas, NJ project; $1,000,000 for the Pas25 saic River Streambank Restoration, (Minish Park), NJ 
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1 project; $500,000 for the Dare County Beaches, Bodie Is2 land, NC project; $5,000,000 for the Wilmington Harbor, 

3 NC project; $3,000,000 for the Grand Forks, ND-East 

4 Grand Forks, MN project; $1,600,000 for the Tenkiller 

5 Ferry Lake, OK (Dam Safety) project; $5,000,000 for the 

6 Columbia River Channel Improvements, OR project; 

7 $5,000,000 for the Locks and Dams 2, 3, and 4, PA project; 

8 $3,000,000 for the Chief Joseph Dam Gas Abatement, WA 

9 project; $4,000,000 for the Marmet Lock, Kanawa River, 

10 WV project; and $2,366,000 for the Jackson Hole, WY 

11 project. 

12 SEC. 118. Section 560(f) of Public Law 106–53 is 

13 amended by striking ‘‘$5,000,000’’ and inserting in lieu 

14 thereof ‘‘$7,500,000’’. 

15 SEC. 119. Section 219(f) of the Water Resources Devel16 opment Act of 1992 (Public Law 102–580; 106 Stat. 4835), 

17 as amended by section 502(b) of the Water Resources Devel18 opment Act of 1999 (Public Law 106–53; 113 Stat. 335) 

19 and section 108(d) of title I of division B of the Miscella20 neous Appropriations Act, 2001 (as enacted by Public law 

21 106–554; 114 Stat. 2763A–220), is further amended by 

22 adding at the end the following: 

23 ‘‘(71) CORONADO, CALIFORNIA.—$10,000,000 

24 may be authorized for wastewater infrastructure, 

25 Coronado, California.’’. 
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1 SEC. 120. GREAT LAKES REMEDIAL ACTION PLANS

2 AND SEDIMENT REMEDIATION PROGRAMS. Of the amounts 

3 made available by this title under the heading ‘‘GENERAL 

4 INVESTIGATIONS’’, not less than $1,500,000 may be 

5 available for Great Lakes remedial action plans and sedi6 ment remediation programs under section 401 of the Water 

7 Resources Development Act of 1990 (33 U.S.C. 1268 note; 

8 Public Law 101–640). 

9 SEC. 121. Section 592(g) of the Water Resources Devel10 opment Act of 1999 (Public Law 106–53; 113 Stat. 380) 

11 is amended by striking ‘‘$25,000,000 for the period begin12 ning with fiscal year 2000’’ and inserting ‘‘$100,000,000’’. 

13 SEC. 122. Of the funds made available under Oper14 ation and Maintenance, General, an additional $500,000 

15 may be made available to the Recreation Management Sup16 port Program to work with the International Mountain Bi17 cycling Association to design, build, and maintain trails 

18 at Corps of Engineers projects. 

19 SEC. 123. PARK RIVER, GRAFTON, NORTH DAKOTA. 

20 Section 364(5) of the Water Resources Development Act of 

21 1999 (113 Stat. 314) is amended—

22 (1) by striking ‘‘$18,265,000’’ and inserting 

23 ‘‘$21,075,000’’; and 

24 (2) by striking ‘‘$9,835,000’’ and inserting 

25 ‘‘$7,025,000’’. 
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1 SEC. 124. SCHUYLKILL RIVER PARK, PHILADELPHIA, 

2 PENNSYLVANIA. The Secretary of the Army may provide 

3 technical, planning, design, and construction assistance for 

4 Schuylkill River Park, Philadelphia, Pennsylvania, in ac5 cordance with section 564(c) of the Water Resources Devel6 opment Act of 1996 (Public Law 104–303; 110 Stat. 3785), 

7 as contained in the May 2000 report of the Philadelphia 

8 District based on regional economic development benefits, 

9 at a Federal share of 50 percent and a non-Federal share 

10 of 50 percent. 

11 SEC. 125. GWYNNS FALLS WATERSHED, BALTIMORE, 

12 MARYLAND. The Secretary of the Army may implement the 

13 project for ecosystem restoration, Gwynns Falls, Maryland, 

14 in accordance with the Baltimore Metropolitan Water Re15 sources-Gwynns Falls Watershed Feasibility Report pre16 pared by the Corps of Engineers and the city of Baltimore, 

17 Maryland. 

18 SEC. 126. SNAKE RIVER CONFLUENCE INTERPRETA19 TIVE CENTER, CLARKSTON, WASHINGTON. (a) IN GEN20 ERAL.—The Secretary of the Army, acting through the Chief 

21 of Engineers (referred to in this section as the ‘‘Secretary’’) 

22 is authorized and may carry out a project to plan, design, 

23 construct, furnish, and landscape a federally owned and op24 erated Collocated Civil Works Administrative Building and 

25 Snake River Confluence Interpretative Center, as described 
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1 in the Snake River Confluence Center Project Management 

2 Plan. 

3 (b) LOCATION.—The project—

4 (1) shall be located on Federal property at the 

5 confluence of the Snake River and the Clearwater 

6 River, near Clarkston, Washington; and 

7 (2) shall be considered to be a capital improve8 ment of the Clarkston office of the Lower Granite 

9 Project. 

10 (c) EXISTING STRUCTURES.—In carrying out the 

11 project, the Secretary may demolish or relocate existing 

12 structures. 

13 (d) COST SHARING.—

14 (1) TOTAL COST.—The total cost of the project 

15 shall not exceed $3,500,000 (excluding interpretative 

16 displays). 

17 (2) FEDERAL SHARE.—The Federal share of the 

18 cost of the project shall be $3,000,000. 

19 (3) NON-FEDERAL SHARE.—

20 (A) IN GENERAL.—The non-Federal share of 

21 the cost of the project—

22 (i) shall be $500,000; and 

23 (ii) may be provided—

24 (I) in cash; or 
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1 (II) in kind, with credit accorded 

2 to the non-Federal sponsor for provi3 sion of all necessary services, replace4 ment facilities, replacement land (not 

5 to exceed 4 acres), easements, and 

6 rights-of-way acceptable to the Sec7 retary and the non-Federal sponsor. 

8 (B) INTERPRETIVE EXHIBITS.—In addition 

9 to the non-Federal share described in subpara10 graph (A), the non-Federal sponsor shall fund, 

11 operate, and maintain all interpretative exhibits 

12 under the project. 

13 SEC. 127. FLOOD DAMAGE REDUCTION, MILL CREEK, 

14 CINCINNATI, OHIO. Not later than 1 year after the date of 

15 enactment of this Act, the Secretary of the Army, acting 

16 through the Chief of Engineers, shall complete the general 

17 reevaluation report for the project for flood damage reduc18 tion, Mill Creek, Cincinnati, Ohio. 

19 SEC. 128. Of the funds made available under Construc20 tion, General, $1,500,000 may be made available for work 

21 to be carried out under section 560 of the Water Resources 

22 Development Act of 1999 (Public Law 106–53). 
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1 TITLE II 

2 DEPARTMENT OF THE INTERIOR 

3 CENTRAL UTAH PROJECT

4 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

5 For carrying out activities authorized by the Central 

6 Utah Project Completion Act, $36,463,000, to remain avail7 able until expended, of which $9,423,000 shall be deposited 

8 into the Utah Reclamation Mitigation and Conservation 

9 Account for use by the Utah Reclamation Mitigation and 

10 Conservation Commission. 

11 In addition, for necessary expenses incurred in car12 rying out related responsibilities of the Secretary of the In13 terior, $1,728,000, to remain available until expended. 

14 BUREAU OF RECLAMATION

15 The following appropriations shall be expended to exe16 cute authorized functions of the Bureau of Reclamation: 

17 WATER AND RELATED RESOURCES

18 (INCLUDING TRANSFER OF FUNDS)

19 For management, development, and restoration of 

20 water and related natural resources and for related activi21 ties, including the operation, maintenance, and rehabilita22 tion of reclamation and other facilities, participation in 

23 fulfilling related Federal responsibilities to Native Ameri24 cans, and related grants to, and cooperative and other 

25 agreements with, State and local governments, Indian 

26 tribes, and others, $859,517,000, to remain available until 
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1 expended, of which $56,330,000 shall be available for trans2 fer to the Upper Colorado River Basin Fund and 

3 $33,570,000 shall be available for transfer to the Lower Col4 orado River Basin Development Fund; of which such 

5 amounts as may be necessary may be advanced to the Colo6 rado River Dam Fund; and of which not more than 

7 $500,000 is for high priority projects which shall be carried 

8 out by the Youth Conservation Corps, as authorized by 16 

9 U.S.C. 1706: Provided, That such transfers may be in10 creased or decreased within the overall appropriation under 

11 this heading: Provided further, That of the total appro12 priated, the amount for program activities that can be fi13 nanced by the Reclamation Fund or the Bureau of Rec14 lamation special fee account established by 16 U.S.C. 460l–

15 6a(i) shall be derived from that Fund or account: Provided 

16 further, That funds contributed under 43 U.S.C. 395 are 

17 available until expended for the purposes for which contrib18 uted: Provided further, That funds advanced under 43 

19 U.S.C. 397a shall be credited to this account and are avail20 able until expended for the same purposes as the sums ap21 propriated under this heading: Provided further, That 

22 funds available for expenditure for the Departmental Irri23 gation Drainage Program may be expended by the Bureau 

24 of Reclamation for site remediation on a non-reimbursable 

25 basis: Provided further, That section 301 of Public Law 
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1 102–250, Reclamation States Emergency Drought Relief 

2 Act of 1991, as amended, is amended further by inserting 

3 ‘‘2003, and 2004’’ in lieu of ‘‘and 2003’’: Provided further, 

4 That of the funds provided under this heading, an addi5 tional $5,000,000 may be available for the Mni Wiconi 

6 project, South Dakota. 

7 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

8 For administrative expenses necessary to carry out the 

9 program for direct loans and/or grants, $200,000, to remain 

10 available until expended, of which the amount that can be 

11 financed by the Reclamation Fund shall be derived from 

12 that fund. 

13 CENTRAL VALLEY PROJECT RESTORATION FUND

14 For carrying out the programs, projects, plans, and 

15 habitat restoration, improvement, and acquisition provi16 sions of the Central Valley Project Improvement Act, 

17 $39,600,000, to be derived from such sums as may be col18 lected in the Central Valley Project Restoration Fund pur19 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

20 3406(c)(1) of Public Law 102–575, to remain available 

21 until expended: Provided, That the Bureau of Reclamation 

22 is directed to assess and collect the full amount of the addi23 tional mitigation and restoration payments authorized by 

24 section 3407(d) of Public Law 102–575. 
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1 POLICY AND ADMINISTRATION

2 For necessary expenses of policy, administration, and 

3 related functions in the Office of the Commissioner, the 

4 Denver office, and offices in the five regions of the Bureau 

5 of Reclamation, to remain available until expended, 

6 $54,425,000, to be derived from the Reclamation Fund and 

7 be nonreimbursable as provided in 43 U.S.C. 377: Provided, 

8 That no part of any other appropriation in this Act shall 

9 be available for activities or functions budgeted as policy 

10 and administration expenses: Provided further, That of this 

11 amount, sufficient funds may be available for the Secretary 

12 of the Interior, not later than 60 days after the last day 

13 of the fiscal year, to submit to Congress a report on the 

14 amount of acquisitions made by the Department of the Inte15 rior during such fiscal year of articles, materials, or sup16 plies that were manufactured outside the United States. 

17 Such report shall separately indicate the dollar value of any 

18 articles, materials, or supplies purchased by the Depart19 ment of the Interior that were manufactured outside the 

20 United States, an itemized list of all waivers under the Buy 

21 American Act (41 U.S.C. 10a et seq.) that were granted 

22 with respect to such articles, materials, or supplies, and a 

23 summary of total procurement funds spent on goods manu24 factured in the United States versus funds spent on goods 

25 manufactured outside of the United States. The Secretary 
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1 of the Interior shall make the report publicly available by 

2 posting the report on an Internet website. 

3 WORKING CAPITAL FUND

4 (RESCISSION)

5 From unobligated balances under this heading 

6 $4,525,000 are rescinded. 

7 ADMINISTRATIVE PROVISION

8 Appropriations for the Bureau of Reclamation shall 

9 be available for purchase of not to exceed 14 passenger 

10 motor vehicles, of which 12 are for replacement only. 

11 GENERAL PROVISIONS

12 DEPARTMENT OF THE INTERIOR

13 SEC. 201. In order to increase opportunities for Indian 

14 tribes to develop, manage, and protect their water resources, 

15 in fiscal year 2003 and thereafter, the Secretary of the Inte16 rior, acting through the Commissioner of the Bureau of Rec17 lamation, is authorized to enter into grants and cooperative 

18 agreements with any Indian tribe, institution of higher edu19 cation, national Indian organization, or tribal organiza20 tion pursuant to 31 U.S.C. 6301–6308. Nothing in this Act 

21 is intended to modify or limit the provisions of the Indian 

22 Self Determination Act (25 U.S.C. 45 et seq.). 

23 SEC. 202. (a) None of the funds appropriated or other24 wise made available by this Act may be used to determine 

25 the final point of discharge for the interceptor drain for 

26 the San Luis Unit until development by the Secretary of 
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1 the Interior and the State of California of a plan, which 

2 shall conform to the water quality standards of the State 

3 of California as approved by the Administrator of the Envi4 ronmental Protection Agency, to minimize any detrimental 

5 effect of the San Luis drainage waters. 

6 (b) The costs of the Kesterson Reservoir Cleanup Pro7 gram and the costs of the San Joaquin Valley Drainage 

8 Program shall be classified by the Secretary of the Interior 

9 as reimbursable or nonreimbursable and collected until fully 

10 repaid pursuant to the ‘‘Cleanup Program—Alternative 

11 Repayment Plan’’ and the ‘‘SJVDP—Alternative Repay12 ment Plan’’ described in the report entitled ‘‘Repayment 

13 Report, Kesterson Reservoir Cleanup Program and San 

14 Joaquin Valley Drainage Program, February 1995’’, pre15 pared by the Department of the Interior, Bureau of Rec16 lamation. Any future obligations of funds by the United 

17 States relating to, or providing for, drainage service or 

18 drainage studies for the San Luis Unit shall be fully reim19 bursable by San Luis Unit beneficiaries of such service or 

20 studies pursuant to Federal reclamation law. 

21 SEC. 203. None of the funds appropriated or otherwise 

22 made available by this or any other Act may be used to 

23 pay the salaries and expenses of personnel to purchase or 

24 lease water in the Middle Rio Grande or the Carlsbad 

25 Projects in New Mexico unless said purchase or lease is in 
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1 compliance with the purchase requirements of section 202 

2 of Public Law 106–60. 

3 SEC. 204. Funds under this title for Drought Emer4 gency Assistance shall be made available primarily for leas5 ing of water for specified drought related purposes from 

6 willing lessors, in compliance with existing State laws and 

7 administered under State water priority allocation. Such 

8 leases may be entered into with an option to purchase: Pro9 vided, That such purchase is approved by the State in 

10 which the purchase takes place and the purchase does not 

11 cause economic harm within the State in which the pur12 chase is made. 

13 SEC. 205. (a) Notwithstanding any other provision of 

14 law, the Secretary of the Interior, acting through the Com15 missioner of the Bureau of Reclamation, may not obligate 

16 funds appropriated for the current fiscal year or any prior 

17 Energy and Water Development Appropriations Act, or 

18 funds otherwise made available to the Commissioner of the 

19 Bureau of Reclamation, and may not use discretion, if any, 

20 to reduce or reallocate water to be delivered pursuant to 

21 San Juan-Chama Project contracts, including execution of 

22 said contracts facilitated by the Middle Rio Grande Project, 

23 to meet the requirements of the Endangered Species Act, 

24 unless such water is acquired or otherwise made available 

25 from a willing seller or lessor and the use is in compliance 
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1 with the laws of the State of New Mexico, including but 

2 not limited to, permitting requirements. 

3 (b) Complying with the reasonable and prudent alter4 natives and the incidental take limits defined in the Bio5 logical Opinion released by the United States Fish and 

6 Wildlife Service dated March 17, 2003 combined with efforts 

7 carried out pursuant to Public Law 106–377, Public Law 

8 107–66, and Public Law 108–7 fully meet all requirements 

9 of the Endangered Species Act (16 U.S.C. 1531 et seq.) for 

10 the conservation of the Rio Grande Silvery Minnow 

11 (Hybognathus amarus) and the Southwestern Willow 

12 Flycatcher (Empidonax trailii extimus) on the Middle Rio 

13 Grande in New Mexico. 

14 SEC. 206. ENDANGERED SPECIES COLLABORATIVE

15 PROGRAM. (a) Using funds previously appropriated, the 

16 Secretary of the Interior, acting through the Commissioner 

17 of the Bureau of Reclamation and the Director of the Fish 

18 and Wildlife Service, for purposes of improving the effi19 ciency and expediting the efforts of the Endangered Species 

20 Act Collaborative Program Workgroup, is directed to estab21 lish an executive committee of seven members consisting 

22 of—

23 (1) one member from the Bureau of Reclamation; 

24 (2) one member from the Fish and Wildlife Serv25 ice; and 
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1 (3) one member at large representing each of the 

2 following six entities (selected at the discretion of the 

3 entity in consultation with the Bureau of Reclama4 tion and the Fish and Wildlife Service) currently 

5 participating as signatories to the existing Memo6 randum of Understanding: 

7 (A) other Federal agencies; 

8 (B) State agencies; 

9 (C) municipalities; 

10 (D) universities and environmental groups; 

11 and 

12 (E) business and industrial interests. 

13 (b) Formation of this committee shall occur not later 

14 than 45 days after enactment of this Act. 

15 (c) Fiscal year 2004 appropriations shall not be obli16 gated or expended prior to approval by the Committee of 

17 a detailed spending plan. 

18 SEC. 207. TULAROSA BASIN NATIONAL DESALINATION

19 RESEARCH FACILITY. (a) DESALINATION DEMONSTRATION

20 AND DEVELOPMENT.—Pursuant to section 4(a) of Public 

21 Law 104–298, 110 Stat. 3622 (October 11, 1996), the Sec22 retary may hereafter conduct or contract for the design, con23 struction, testing and operation of the Tularosa Basin Na24 tional Desalination Research Facility. 
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1 (b) The Tularosa Basin National Desalination Re2 search Facility is hereafter exempt from all provisions of 

3 section 7 of Public Law 104–298, 110 Stat. 3622 (October 

4 11, 1996). The Federal share of the cost of the Tularosa 

5 Basin National Desalination Research Facility may be up 

6 to 100 percent, including the cost of design, construction, 

7 operation, maintenance, repair and rehabilitation. 

8 SEC. 208. The Secretary of the Interior, in carrying 

9 out CALFED-related activities, may undertake feasibility 

10 studies for Sites Reservoir, Los Vaqueros Reservoir Enlarge11 ment, and Upper San Joaquin Storage projects, hereafter. 

12 These storage studies should be pursued along with ongoing 

13 environmental and other projects in a balanced manner. 

14 SEC. 209. The Secretary of the Interior, acting through 

15 the Commissioner of the Bureau of Reclamation, is author16 ized to enter into grants, cooperative agreements, and other 

17 agreements with irrigation or water districts to fund up 

18 to 50 percent of the cost of planning, designing, and con19 structing improvements that will conserve water, increase 

20 water use efficiency, or enhance water management through 

21 measurement or automation, at existing water supply 

22 projects within the states identified in the Act of June 17, 

23 1902, as amended, and supplemented: Provided, That when 

24 such improvements are to Federally owned facilities, such 

25 funds may be provided in advance on a non-reimbursable 
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1 basis to an entity operating affected transferred works or 

2 may be deemed non-reimbursable for non-transferred works: 

3 Provided further, That the calculation of the non-Federal 

4 contribution shall provide for consideration of the value of 

5 any in-kind contributions, but shall not include funds re6 ceived from other Federal agencies: Provided further, That 

7 the cost of operating and maintaining such improvements 

8 shall be the responsibility of the non-Federal entity: Pro9 vided further, That this section shall not supercede any ex10 isting project-specific funding authority. The Secretary is 

11 also authorized to enter into grants or cooperative agree12 ments with universities or non-profit research institutions 

13 to fund water use efficiency research. 

14 SEC. 210. HAWAII WATER RESOURCES STUDY. The 

15 Hawaii Water Resources Act of 2000 (Public Law 106–566, 

16 114 Stat. 2818) is amended—

17 (1) in section 103—

18 (A) in subsection (b)(1), by striking ‘‘Not’’ 

19 and all that follows through ‘‘the Secretary’’ and 

20 inserting ‘‘The Secretary’’ and 

21 (B) in subsection (e), by striking 

22 ‘‘$300,000’’ and all that follows and inserting 

23 ‘‘$2,000,000 for the Federal share of the activi24 ties authorized under this section’’; and 
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1 (2) in section 104(b), by striking ‘‘cost-effective,’’ 

2 and all that follows and inserting ‘‘cost-effective.’’. 

3 SEC. 211. Notwithstanding the provisions of Title IV 

4 of Public Law 102–575 (106 STAT. 4648), the contribu5 tions of the Western Area Power Administration to the Utah 

6 Reclamation Mitigation and Conservation Account shall ex7 pire ten fiscal years from the date of enactment of this Act. 

8 Such contributions shall be from an account established by 

9 the Western Area Power Administration for this purpose 

10 and such contributions shall be made available to the Utah 

11 Reclamation Mitigation and Conservation Account subject 

12 to appropriations. After ten fiscal years from the date of 

13 enactment of this Act, the Utah Reclamation Mitigation 

14 and Conservation Commission is hereby authorized to uti15 lize interest earned and accrued to the Utah Reclamation 

16 Mitigation and Conservation Account. 

17 SEC. 212. That of the funds provided, an additional 

18 $3,000,000 shall be available for the Middle Rio Grande, 

19 New Mexico project and an additional $3,000,000 shall be 

20 available for the Lake Tahoe Regional Wetlands Develop21 ment project. 

22 SEC. 213. LOWER COLORADO RIVER BASIN DEVELOP23 MENT. (a) IN GENERAL.—Notwithstanding section 403(f) of 

24 the Colorado River Basin Project Act (43 U.S.C. 1543(f)), 

25 no amount from the Lower Colorado River Basin Develop-
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1 ment Fund shall be paid to the general fund of the Treasury 

2 until each provision of the revised Stipulation Regarding 

3 a Stay and for Ultimate Judgment Upon the Satisfaction 

4 of Conditions, filed in United States district court on April 

5 24, 2003, in Central Arizona Water Conservation District 

6 v. United States (No. CIV 95–625–TUC–WDB (EHC), No. 

7 CIV 95–1720–OHX–EHC (Consolidated Action)), and any 

8 amendment or revision thereof, is met. 

9 (b) PAYMENTTO GENERAL FUND.—If any of the pro10 visions of the stipulation referred to in subsection (a) are 

11 not met by the date that is 10 years after the date of enact12 ment of this Act, payments to the general fund of the Treas13 ury shall resume in accordance with section 403(f) of the 

14 Colorado River Basin Project Act (43 U.S.C. 1543(f)). 

15 (c) AUTHORIZATION.—Amounts in the Lower Colorado 

16 River Basin Development Fund that but for this section 

17 would be returned to the general fund of the Treasury may 

18 not be expended until further Act of Congress. 

19 SEC. 214. TUALATIN RIVER BASIN, OREGON. (a) AU20 THORIZATION TO CONDUCT FEASIBILITY STUDY.—The Sec21 retary of the Interior may conduct a Tualatin River Basin 

22 water supply feasibility study—

23 (1) to identify ways to meet future water supply 

24 needs for agricultural, municipal, and industrial 

25 uses; 
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1 (2) to identify water conservation and water 

2 storage measures; 

3 (3) to identify measures that would—

4 (A) improve water quality; and 

5 (B) enable environmental and species pro6 tection; and 

7 (4) as appropriate, to evaluate integrated water 

8 resource management and supply needs in the 

9 Tualatin River Basin, Oregon. 

10 (b) FEDERAL SHARE.—The Federal share of the cost 

11 of the study conducted under subsection (a)—

12 (1) shall not exceed 50 percent; and 

13 (2) shall be nonreimbursable and nonreturnable. 

14 (c) ACTIVITIES.—No activity carried out under this 

15 section shall be considered a supplemental or additional 

16 benefit under Federal reclamation law (the Act of June 17, 

17 1902 (32 Stat. 388, chapter 1093), and Acts supplemental 

18 to and amendatory of that Act (43 U.S.C. 371 et seq.)). 

19 (d) FUNDING.—

20 (1) AUTHORIZATION OF APPROPRIATIONS.—

21 There is authorized to be appropriated to carry out 

22 this section $2,900,000, to remain available until ex23 pended. 

24 SEC. 215. FACILITATION OF INDIAN WATER RIGHTS. 

25 The Secretary of the Interior may extend, on an annual 
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1 basis, the repayment schedule of debt incurred under section 

2 9(d) of the Act of August 4, 1939 (43 U.S.C. 485h(d)) to 

3 facilitate Indian water rights settlements in the State of 

4 Arizona. 

5 SEC. 216. RESTORATION OF FISH AND WILDLIFE

6 HABITAT AND PROVISION OF BOTTLED WATER FOR

7 FALLON SCHOOLCHILDREN. (a) IN GENERAL.—In carrying 

8 out section 2507 of Public Law 101–171, the Secretary of 

9 the Interior, acting through the Commissioner of Reclama10 tion, shall—

11 (1) notwithstanding section 2507(b) of Public 

12 Law 101–171, provide $2,500,000 to the State of Ne13 vada to purchase water rights from willing sellers and 

14 make necessary improvements for Carson Lake and 

15 Pasture; 

16 (2) provide $100,000 to Families in Search of 

17 Truth, Fallon, Nevada, for the purchase of bottled 

18 water for schoolchildren in Fallon-area schools. 

19 (b) LIMITATION.—The funds specified to be provided 

20 in subsection (a)(1) shall only be provided by the Bureau 

21 of Reclamation when the title to Carson Lake and Pasture 

22 is conveyed to the State of Nevada; the waiver of section 

23 2507(b) of Public Law 101–171 shall only apply to water 

24 purchases for Carson Lake and Pasture. 
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1 (c) ADMINISTRATION.—The Secretary of the Interior, 

2 acting through the Commissioner of Reclamation, may pro3 vide financial assistance to State and local public agencies, 

4 Indian tribes, nonprofit organizations, and individuals to 

5 carry out this section and section 2507 of Public Law 101–

6 171. 

7 TITLE III 

8 DEPARTMENT OF ENERGY 

9 ENERGY PROGRAMS 

10 ENERGY SUPPLY

11 For Department of Energy expenses including the pur12 chase, construction, and acquisition of plant and capital 

13 equipment, and other expenses necessary for energy supply 

14 activities in carrying out the purposes of the Department 

15 of Energy Organization Act (42 U.S.C. 7101 et seq.), in16 cluding the acquisition or condemnation of any real prop17 erty or any facility or for plant or facility acquisition, con18 struction, or expansion, and the purchase of not to exceed 

19 12 passenger motor vehicles for replacement only, including 

20 two buses; $920,357,000, to remain available until ex21 pended, of which $400,000 may be made available to the 

22 Office of International Market Development to carry out a 

23 program to implement, and serve as an administrative cen24 ter in support of, the multi-agency Clean Energy Tech25 nology Exports Initiative, of which $3,000,000 may be 
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1 available for the Navajo electrification demonstration pro2 gram under section 602 of Public Law 106–511 (114 Stat. 

3 2376): Provided, That of the funds made available for the 

4 Office of Electricity and Energy Assurance, the Office may 

5 provide grants to States and regional organizations to work 

6 with system operators, including regional transmission or7 ganizations and independent system operators, on trans8 mission system planning. The Office may require that 

9 grantees consider a full range of technology and policy op10 tions for transmission system planning, including energy 

11 efficiency at customer facilities and in transmission equip12 ment, customer demand response, distributed generation 

13 and advanced communications and controls: Provided fur14 ther, That of the funds made available for the Office of Elec15 tricity and Energy Assurance, the Office may develop re16 gional training and technical assistance programs for State 

17 regulators and system operators to improve operation of the 

18 electricity grid. 

19 NON-DEFENSE SITE ACCELERATION COMPLETION

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses necessary for non-defense 

23 environmental management site acceleration activities in 

24 carrying out the purposes of the Department of Energy Or25 ganization Act (42 U.S.C. 7101 et seq.), including the ac-
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1 quisition or condemnation of any real property or any fa2 cility or for plant or facility acquisition, construction, or 

3 expansion, $171,875,000, to remain available until ex4 pended. 

5 URANIUM ENRICHMENT DECONTAMINATION AND

6 DECOMMISSIONING FUND

7 For necessary expenses in carrying out uranium en8 richment facility decontamination and decommissioning, 

9 remedial actions, and other activities of title II of the Atom10 ic Energy Act of 1954 and title X, subtitle A, of the Energy 

11 Policy Act of 1992, $396,124,000, to be derived from the 

12 Fund, to remain available until expended, of which 

13 $26,000,000 shall be available in accordance with title X, 

14 subtitle A, of the Energy Policy Act of 1992. 

15 NON-DEFENSE ENVIRONMENTAL SERVICES

16 For Department of Energy expenses necessary for non17 defense environmental services activities conducted as a re18 sult of nuclear energy research and development activities 

19 that indirectly support the accelerated cleanup and closure 

20 mission at environmental management sites, as well as new 

21 work scope transferred to the Environmental Management 

22 program, including the purchase, construction, and acquisi23 tion of plant and capital equipment and other necessary 

24 expenses, $302,121,000, to remain available until expended. 
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1 SCIENCE

2 For Department of Energy expenses including the pur3 chase, construction and acquisition of plant and capital 

4 equipment, and other expenses necessary for science activi5 ties in carrying out the purposes of the Department of En6 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

7 the acquisition or condemnation of any real property or 

8 facility or for plant or facility acquisition, construction, or 

9 expansion, and purchase of not to exceed 15 passenger 

10 motor vehicles for replacement only, including not to exceed 

11 one ambulance, $3,360,435,000, to remain available until 

12 expended, of which $3,000,000 may be available for a de13 fense and security research center. 

14 NUCLEAR WASTE DISPOSAL

15 For nuclear waste disposal activities to carry out the 

16 purposes of Public Law 97–425, as amended, including the 

17 acquisition of real property or facility construction or ex18 pansion, $140,000,000, to remain available until expended 

19 and to be derived from the Nuclear Waste Fund: Provided, 

20 That not to exceed $2,500,000 shall be provided to the State 

21 of Nevada solely for expenditures, other than salaries and 

22 expenses of State employees, to conduct scientific oversight 

23 responsibilities and participate in licensing activities pur24 suant to the Nuclear Waste Policy Act of 1982, Public Law 

25 97–425, as amended: Provided further, That $7,000,000 
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1 shall be provided to affected units of local governments, as 

2 defined in Public Law 97–425, to conduct appropriate ac3 tivities pursuant to the Act: Provided further, That the dis4 tribution of the funds as determined by the units of local 

5 government shall be approved by the Department of Energy: 

6 Provided further, That the funds for the State of Nevada 

7 shall be made available solely to the Nevada Division of 

8 Emergency Management by direct payment and units of 

9 local government by direct payment: Provided further, That 

10 within 90 days of the completion of each Federal fiscal year, 

11 the Nevada Division of Emergency Management and the 

12 Governor of the State of Nevada and each local entity shall 

13 provide certification to the Department of Energy that all 

14 funds expended from such payments have been expended for 

15 activities authorized by Public Law 97–425 and this Act. 

16 Failure to provide such certification shall cause such entity 

17 to be prohibited from any further funding provided for 

18 similar activities: Provided further, That none of the funds 

19 herein appropriated may be: (1) used directly or indirectly 

20 to influence legislative action on any matter pending before 

21 Congress or a State legislature or for lobbying activity as 

22 provided in 18 U.S.C. 1913; (2) used for litigation expenses; 

23 or (3) used to support multi-State efforts or other coalition 

24 building activities inconsistent with the restrictions con25 tained in this Act: Provided further, That all proceeds and 
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1 recoveries realized by the Secretary in carrying out activi2 ties authorized by the Nuclear Waste Policy Act of 1982, 

3 Public Law 97–425, as amended, including but not limited 

4 to, any proceeds from the sale of assets, shall be available 

5 without further appropriation and shall remain available 

6 until expended. 

7 DEPARTMENTAL ADMINISTRATION 

8 DEPARTMENTAL ADMINISTRATION

9 (INCLUDING TRANSFER OF FUNDS)

10 For salaries and expenses of the Department of Energy 

11 necessary for departmental administration in carrying out 

12 the purposes of the Department of Energy Organization Act 

13 (42 U.S.C. 7101 et seq.), including the hire of passenger 

14 motor vehicles and official reception and representation ex15 penses (not to exceed $35,000), $309,564,000, to remain 

16 available until expended, plus such additional amounts as 

17 necessary to cover increases in the estimated amount of cost 

18 of work for others notwithstanding the provisions of the 

19 Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 

20 That such increases in cost of work are offset by revenue 

21 increases of the same or greater amount, to remain avail22 able until expended: Provided further, That moneys received 

23 by the Department for miscellaneous revenues estimated to 

24 total $146,668,000 in fiscal year 2004 may be retained and 

25 used for operating expenses within this account, and may 
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1 remain available until expended, as authorized by section 

2 201 of Public Law 95–238, notwithstanding the provisions 

3 of 31 U.S.C. 3302: Provided further, That the sum herein 

4 appropriated shall be reduced by the amount of miscella5 neous revenues received during fiscal year 2004, and any 

6 related unappropriated receipt account balances remaining 

7 from prior years’ miscellaneous revenues, so as to result in 

8 a final fiscal year 2004 appropriation from the General 

9 Fund estimated at not more than $162,896,000: Provided 

10 further, That of this amount, sufficient funds shall be avail11 able for the Secretary of Energy, not later than 60 days 

12 after the last day of the fiscal year, to submit to Congress 

13 a report on the amount of acquisitions made by the Depart14 ment of Energy during such fiscal year of articles, mate15 rials, or supplies that were manufactured outside the 

16 United States. Such report shall separately indicate the dol17 lar value of any articles, materials, or supplies purchased 

18 by the Department of Energy that were manufactured out19 side the United States, an itemized list of all waivers under 

20 the Buy American Act (41 U.S.C. 10a et seq.) that were 

21 granted with respect to such articles, materials, or supplies, 

22 and a summary of total procurement funds spent on goods 

23 manufactured in the United States versus funds spent on 

24 goods manufactured outside of the United States. The Sec-
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1 retary of Energy shall make the report publicly available 

2 by posting the report on an Internet website. 

3 OFFICE OF THE INSPECTOR GENERAL

4 For necessary expenses of the Office of the Inspector 

5 General in carrying out the provisions of the Inspector Gen6 eral Act of 1978, as amended, $39,462,000, to remain avail7 able until expended. 

8 ATOMIC ENERGY DEFENSE ACTIVITIES 

9 NATIONAL NUCLEAR SECURITY ADMINISTRATION

10 WEAPONS ACTIVITIES

11 For Department of Energy expenses, including the 

12 purchase, construction, and acquisition of plant and cap13 ital equipment and other incidental expenses necessary for 

14 atomic energy defense weapons activities in carrying out 

15 the purposes of the Department of Energy Organization Act 

16 (42 U.S.C. 7101 et seq.), including the acquisition or con17 demnation of any real property or any facility or for plant 

18 or facility acquisition, construction, or expansion; one fixed 

19 wing aircraft for replacement only; and the purchase of not 

20 to exceed six passenger motor vehicles, of which four shall 

21 be for replacement only, including not to exceed two buses; 

22 $6,473,814,000, to remain available until expended: Pro23 vided, That the Secretary of Energy may use $1,000,000 

24 of available funds to preserve historical sites associated 

25 with, and other aspects of the history of, the Manhattan 
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1 Project: Provided further, That $105,000,000 is authorized 

2 to be appropriated for Project 01–D–108, Microsystems and 

3 engineering sciences applications (MESA), Sandia Na4 tional Laboratories, Albuquerque, New Mexico: Provided 

5 further, That $3,564,000 is authorized to be appropriated 

6 for Project 04–D–103, Project engineering and design 

7 (PED), various locations: Provided further, That a plant 

8 or construction project for which amounts are made avail9 able under this heading in this fiscal year with a current 

10 estimated cost of less than $10,000,000 is considered for 

11 purposes of section 3622 of Public Law 107–314 as a plant 

12 project for which the approved total estimated cost does not 

13 exceed the minor construction threshold and for purposes 

14 of section 3623 of Public Law 107–314 as a construction 

15 project with a current estimated cost of less than the minor 

16 construction threshold. 

17 DEFENSE NUCLEAR NONPROLIFERATION

18 For Department of Energy expenses, including the 

19 purchase, construction and acquisition of plant and capital 

20 equipment and other incidental expenses necessary for 

21 atomic energy defense, defense nuclear nonproliferation ac22 tivities, in carrying out the purposes of the Department of 

23 Energy Organization Act (42 U.S.C. 7101 et seq.), includ24 ing the acquisition or condemnation of any real property 

25 or any facility or for plant or facility acquisition, construc-
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1 tion, or expansion, $1,340,195,000, to remain available 

2 until expended. 

3 NAVAL REACTORS

4 For Department of Energy expenses necessary for 

5 naval reactors activities to carry out the Department of En6 ergy Organization Act (42 U.S.C. 7101 et seq.), including 

7 the acquisition (by purchase, condemnation, construction, 

8 or otherwise) of real property, plant, and capital equip9 ment, facilities, and facility expansion, and the purchase 

10 of not to exceed one bus; $768,400,000, to remain available 

11 until expended. 

12 OFFICE OF THE ADMINISTRATOR

13 For necessary expenses of the Office of the Adminis14 trator in the National Nuclear Security Administration, in15 cluding official reception and representation expenses (not 

16 to exceed $12,000), $337,980,000, to remain available until 

17 expended. 

18 ENVIRONMENTAL AND OTHER DEFENSE 

19 ACTIVITIES 

20 DEFENSE SITE ACCELERATION COMPLETION

21 For Department of Energy expenses, including the 

22 purchase, construction, and acquisition of plant and cap23 ital equipment and other expenses necessary for atomic en24 ergy defense site acceleration completion activities in car25 rying out the purposes of the Department of Energy Orga-
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1 nization Act (42 U.S.C. 7101 et seq.), including the acquisi2 tion or condemnation of any real property or any facility 

3 or for plant or facility acquisition, construction, or expan4 sion; $5,770,695,000, to remain available until expended: 

5 Provided, That the Secretary of Energy is directed to use 

6 $1,000,000 of the funds provided for regulatory and tech7 nical assistance to the State of New Mexico, to amend the 

8 existing WIPP Hazardous Waste Permit to comply with the 

9 provisions of section 310 of this Act. 

10 DEFENSE ENVIRONMENTAL SERVICES

11 For Department of Energy expenses necessary for de12 fense-related environmental services activities that indi13 rectly support the accelerated cleanup and closure mission 

14 at environmental management sites, including the pur15 chase, construction, and acquisition of plant and capital 

16 equipment and other necessary expenses, and the purchase 

17 of not to exceed one ambulance for replacement only, 

18 $987,679,000, to remain available until expended. 

19 OTHER DEFENSE ACTIVITIES

20 For Department of Energy expenses, including the 

21 purchase, construction, and acquisition of plant and cap22 ital equipment and other expenses necessary for atomic en23 ergy defense, other defense activities, in carrying out the 

24 purposes of the Department of Energy Organization Act (42 

25 U.S.C. 7101 et seq.), including the acquisition or con-
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1 demnation of any real property or any facility or for plant 

2 or facility acquisition, construction, or expansion, 

3 $492,209,000, to remain available until expended: Pro4 vided, That from the funds made available under this head5 ing for transfer to the National Institute for Occupational 

6 Safety and Health for epidemiological research, $7,500,000 

7 shall be transferred to include projects to conduct epidemio8 logical research and carry out other activities to establish 

9 the scientific link between radiation exposure and the occur10 rence of chronic lymphocytic leukemia. 

11 DEFENSE NUCLEAR WASTE DISPOSAL

12 For nuclear waste disposal activities to carry out the 

13 purposes of Public Law 97–425, as amended, including the 

14 acquisition of real property or facility construction or ex15 pansion, $285,000,000, to remain available until expended. 

16 POWER MARKETING ADMINISTRATIONS 

17 BONNEVILLE POWER ADMINISTRATION FUND

18 Expenditures from the Bonneville Power Administra19 tion Fund, established pursuant to Public Law 93–454, are 

20 approved for official reception and representation expenses 

21 in an amount not to exceed $1,500. 

22 During fiscal year 2004, no new direct loan obliga23 tions may be made. 
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1 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

2 ADMINISTRATION

3 For necessary expenses of operation and maintenance 

4 of power transmission facilities and of marketing electric 

5 power and energy, including transmission wheeling and 

6 ancillary services, pursuant to the provisions of section 5 

7 of the Flood Control Act of 1944 (16 U.S.C. 825s), as ap8 plied to the southeastern power area, $5,100,000, to remain 

9 available until expended; in addition, notwithstanding the 

10 provision of 31 U.S.C. 3302, up to $34,400,000 collected 

11 by the Southeastern Power Administration pursuant to the 

12 Flood Control Act to recover purchase power and wheeling 

13 expenses shall be credited to this account as offsetting collec14 tions, to remain available until expended for the sole pur15 pose of making purchase power and wheeling expenditures. 

16 OPERATION AND MAINTENANCE, SOUTHWESTERN POWER

17 ADMINISTRATION

18 For necessary expenses of operation and maintenance 

19 of power transmission facilities and of marketing electric 

20 power and energy, for construction and acquisition of 

21 transmission lines, substations and appurtenant facilities, 

22 and for administrative expenses, including official recep23 tion and representation expenses in an amount not to ex24 ceed $1,500 in carrying out the provisions of section 5 of 

25 the Flood Control Act of 1944 (16 U.S.C. 825s), as applied 
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1 to the southwestern power area, $28,600,000, to remain 

2 available until expended; in addition, notwithstanding 31 

3 U.S.C. 3302, beginning in fiscal year 2004 and thereafter, 

4 such funds as are received by the Southwestern Power Ad5 ministration from any State, municipality, corporation, 

6 association, firm, district, or individual as advance pay7 ment for work that is associated with Southwestern’s trans8 mission facilities, consistent with that authorized in section 

9 5 of the Flood Control Act, shall be credited to this account 

10 and be available until expended: Provided, That notwith11 standing the provision of 31 U.S.C. 3302, up to $2,800,000 

12 collected by the Southwestern Power Administration pursu13 ant to the Flood Control Act to recover purchase power and 

14 wheeling expenses shall be credited to this account as offset15 ting collections, to remain available until expended for the 

16 sole purpose of making purchase power and wheeling ex17 penditures. 

18 CONSTRUCTION, REHABILITATION, OPERATION AND

19 MAINTENANCE, WESTERN AREA POWER ADMINISTRATION

20 For carrying out the functions authorized by title III, 

21 section 302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 

22 7152), and other related activities including conservation 

23 and renewable resources programs as authorized, including 

24 official reception and representation expenses in an amount 

25 not to exceed $1,500, $177,950,000, to remain available 
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1 until expended, of which $167,236,000 shall be derived from 

2 the Department of the Interior Reclamation Fund: Pro3 vided, That of the amount herein appropriated, $6,200,000 

4 is for deposit into the Utah Reclamation Mitigation and 

5 Conservation Account pursuant to title IV of the Reclama6 tion Projects Authorization and Adjustment Act of 1992: 

7 Provided further, That notwithstanding the provision of 31 

8 U.S.C. 3302, up to $186,100,000 collected by the Western 

9 Area Power Administration pursuant to the Flood Control 

10 Act of 1944 and the Reclamation Project Act of 1939 to 

11 recover purchase power and wheeling expenses shall be cred12 ited to this account as offsetting collections, to remain avail13 able until expended for the sole purpose of making purchase 

14 power and wheeling expenditures: Provided further, That 

15 the $750,000 that is made available under this heading for 

16 a transmission study on the placement of 500 megawatt 

17 wind energy in North Dakota and South Dakota may be 

18 nonreimbursable: Provided further, That, in accordance 

19 with section 203 of the Colorado River Basin Salinity Con20 trol Act (43 U.S.C. 1593), electrical power supply and de21 livery assistance may be provided to the local distribution 

22 utility as required to maintain proper voltage levels at the 

23 Big Sandy River Diffuse Source Control Unit. 
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1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for 

4 the hydroelectric facilities at the Falcon and Amistad 

5 Dams, $2,640,000, to remain available until expended, and 

6 to be derived from the Falcon and Amistad Operating and 

7 Maintenance Fund of the Western Area Power Administra8 tion, as provided in section 423 of the Foreign Relations 

9 Authorization Act, Fiscal Years 1994 and 1995. 

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

12 For necessary expenses of the Federal Energy Regu13 latory Commission to carry out the provisions of the De14 partment of Energy Organization Act (42 U.S.C. 7101 et 

15 seq.), including services as authorized by 5 U.S.C. 3109, 

16 the hire of passenger motor vehicles, and official reception 

17 and representation expenses (not to exceed $3,000), 

18 $199,400,000, to remain available until expended: Pro19 vided, That notwithstanding any other provision of law, not 

20 to exceed $199,400,000 of revenues from fees and annual 

21 charges, and other services and collections in fiscal year 

22 2004 shall be retained and used for necessary expenses in 

23 this account, and shall remain available until expended: 

24 Provided further, That the sum herein appropriated from 

25 the General Fund shall be reduced as revenues are received 
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1 during fiscal year 2004 so as to result in a final fiscal year 

2 2004 appropriation from the General Fund estimated at 

3 not more than $0. 

4 DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION

5 (RESCISSION)

6 Of the funds appropriated in prior Energy and Water 

7 Development Appropriation Acts, $15,329,000 of unex8 pended balances of prior appropriations are rescinded: Pro9 vided, That $13,329,000 shall be derived from the Paducah 

10 Disposal Facility Privatization (OR–574) and $2,000,000 

11 shall be derived from the Portsmouth Disposal Facility Pri12 vatization (OR–674). 

13 GENERAL PROVISIONS 

14 SEC. 301. (a) None of the funds appropriated by this 

15 Act may be used to award a management and operating 

16 contract, or a contract for environmental remediation or 

17 waste management in excess of $100,000,000 in annual 

18 funding at a current or former management and operating 

19 contract site or facility, or award a significant extension 

20 or expansion to an existing management and operating 

21 contract, or other contract covered by this section, unless 

22 such contract is awarded using competitive procedures or 

23 the Secretary of Energy grants, on a case-by-case basis, a 

24 waiver to allow for such a deviation. The Secretary may 

25 not delegate the authority to grant such a waiver. 
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1 (b) Within 30 days of formally notifying an incumbent 

2 contractor that the Secretary intends to grant such a waiv3 er, the Secretary shall submit to the Subcommittees on En4 ergy and Water Development of the Committees on Appro5 priations of the House of Representatives and the Senate 

6 a report notifying the Subcommittees of the waiver and set7 ting forth, in specificity, the substantive reasons why the 

8 Secretary believes the requirement for competition should 

9 be waived for this particular award. 

10 SEC. 302. None of the funds appropriated by this Act 

11 may be used to—

12 (1) develop or implement a workforce restruc13 turing plan that covers employees of the Department 

14 of Energy; or 

15 (2) provide enhanced severance payments or 

16 other benefits for employees of the Department of En17 ergy, 

18 under section 3161 of the National Defense Authorization 

19 Act for Fiscal Year 1993 (Public Law 102–484; 42 U.S.C. 

20 7274h). 

21 SEC. 303. None of the funds appropriated by this Act 

22 may be used to augment the $12,321,000 made available 

23 for obligation by this Act for severance payments and other 

24 benefits and community assistance grants under section 

25 3161 of the National Defense Authorization Act for Fiscal 
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1 Year 1993 (Public Law 102–484; 42 U.S.C. 7274h) unless 

2 the Department of Energy submits a reprogramming re3 quest subject to approval by the appropriate congressional 

4 committees. 

5 SEC. 304. None of the funds appropriated by this Act 

6 may be used to prepare or initiate Requests For Proposals 

7 (RFPs) for a program if the program has not been funded 

8 by Congress. 

9 (TRANSFERS OF UNEXPENDED BALANCES)

10 SEC. 305. The unexpended balances of prior appro11 priations provided for activities in this Act may be trans12 ferred to appropriation accounts for such activities estab13 lished pursuant to this title. Balances so transferred may 

14 be merged with funds in the applicable established accounts 

15 and thereafter may be accounted for as one fund for the 

16 same time period as originally enacted. 

17 SEC. 306. None of the funds in this or any other Act 

18 for the Administrator of the Bonneville Power Administra19 tion may be used to enter into any agreement to perform 

20 energy efficiency services outside the legally defined Bonne21 ville service territory, with the exception of services provided 

22 internationally, including services provided on a reimburs23 able basis, unless the Administrator certifies in advance 

24 that such services are not available from private sector busi25 nesses. 
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1 SEC. 307. The Administrator of the National Nuclear 

2 Security Administration may authorize the plant manager 

3 of a covered nuclear weapons production plant to engage 

4 in research, development, and demonstration activities with 

5 respect to the engineering and manufacturing capabilities 

6 at such plant in order to maintain and enhance such capa7 bilities at such plant: Provided, That of the amount allo8 cated to a covered nuclear weapons production plant each 

9 fiscal year from amounts available to the Department of 

10 Energy for such fiscal year for national security programs, 

11 not more than an amount equal to 2 percent of such amount 

12 may be used for these activities: Provided further, That for 

13 purposes of this section, the term ‘‘covered nuclear weapons 

14 production plant’’ means the following: 

15 (1) the Kansas City Plant, Kansas City, Mis16 souri; 

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

18 (3) the Pantex Plant, Amarillo, Texas; 

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

20 and 

21 (5) the Nevada Test Site. 

22 SEC. 308. Funds appropriated by this or any other 

23 Act, or made available by the transfer of funds in this Act, 

24 for intelligence activities are deemed to be specifically au25 thorized by the Congress for purposes of section 504 of the 
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1 National Security Act of 1947 (50 U.S.C. 414) during fiscal 

2 year 2004 until the enactment of the Intelligence Authoriza3 tion Act for fiscal year 2004. 

4 SEC. 309. None of the funds in this Act may be used 

5 to dispose of transuranic waste in the Waste Isolation Pilot 

6 Plant which contains concentrations of plutonium in excess 

7 of 20 percent by weight for the aggregate of any material 

8 category on the date of enactment of this Act, or is generated 

9 after such date. For the purposes of this section, the mate10 rial categories of transuranic waste at the Rocky Flats En11 vironmental Technology Site include: (1) ash residues; (2) 

12 salt residues; (3) wet residues; (4) direct repackage residues; 

13 and (5) scrub alloy as referenced in the ‘‘Final Environ14 mental Impact Statement on Management of Certain Pluto15 nium Residues and Scrub Alloy Stored at the Rocky Flats 

16 Environmental Technology Site’’. 

17 SEC. 310. (a) The Secretary of Energy is directed to 

18 file a permit modification to the Waste Analysis Plan 

19 (WAP) and associated provisions contained in the Haz20 ardous Waste Facility Permit for the Waste Isolation Pilot 

21 Plant (WIPP). For purposes of determining compliance of 

22 the modifications to the WAP with the hazardous waste 

23 analysis requirements of the Solid Waste Disposal Act (42 

24 U.S.C. 6901 et seq.), or other applicable laws waste con25 firmation for all waste received for storage and disposal 
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1 shall be limited to (1) confirmation that the waste contains 

2 no ignitable, corrosive, or reactive waste through the use 

3 of either radiography or visual examination of a statis4 tically representative subpopulation of the waste; and (2) 

5 review of the Waste Stream Profile Form to verify that the 

6 waste contains no ignitable, corrosive, or reactive waste and 

7 that assigned Environmental Protection Agency hazardous 

8 waste numbers are allowed for storage and disposal by the 

9 WIPP Hazardous Waste Facility Permit. 

10 (b) Compliance with the disposal room performance 

11 standards of the WAP shall be demonstrated exclusively by 

12 monitoring airborne volatile organic compounds in under13 ground disposal rooms in which waste has been emplaced 

14 until panel closure. 

15 SEC. 311. Notwithstanding any other provision of law, 

16 the material in the concrete silos at the Fernald uranium 

17 processing facility currently managed by the Department 

18 of Energy shall be considered ‘‘byproduct material’’ as de19 fined by section 11e.(2) of the Atomic Energy Act of 1954, 

20 as amended (42 U.S.C. 2014(e)(2)). The Nuclear Regulatory 

21 Commission or an Agreement State, as appropriate, shall 

22 regulate the material as ‘‘11e.(2) by-product material’’ in 

23 the event that the Department of Energy proposes to dispose 

24 of the material in an NRC-regulated or Agreement State25 regulated facility. 
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1 SEC. 312. CORPS OF ENGINEERS HYDROPOWER OPER2 ATION AND MAINTENANCE FUNDING. (a) Notwithstanding 

3 31 U.S.C. 3302 and the last sentence of section 5 of the 

4 Flood Control Act of 1944 (16 U.S.C. 825s) and subject to 

5 (d), the Secretary of Energy shall collect fees, as offsetting 

6 collections, in the amount of $145,000,000, pursuant to 

7 those acts which authorize Southeastern Power Administra8 tion, Southwestern Power Administration, and Western 

9 Power Administration to collect revenues for power pro10 vided. The Secretary of Energy shall make the collection 

11 available to the Secretary of the Army hereafter referred to 

12 as ‘‘the Secretary’’. 

13 (b) The Secretary shall accept funds made available 

14 pursuant to subsection (a) and shall use such funds for Con15 struction, General. The funds provided under this section 

16 shall remain available until expended. 

17 (c) Subsection (b) of this section shall be carried out 

18 in consultation with preference customers under Federal 

19 law to the marketing of power. 

20 (d) This section shall become effective only upon the 

21 enactment of authorizing legislation changing the nature of 

22 receipts collected by Southeastern Power Administration, 

23 Southwestern Power Administration, and the Western Area 

24 Power Administration by making the collection of not less 
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1 than $145,000,000 of such receipts in fiscal year 2004 sub2 ject to approval in an annual appropriations Act. 

3 SEC. 313. No funds appropriated or otherwise made 

4 available to the Department of Energy by this Act may be 

5 available for activities at the engineering development 

6 phases, phase 3 or 6.3, or beyond, in support of advanced 

7 nuclear weapons concepts, including the robust nuclear 

8 earth penetrator. 

9 SEC. 314. No funds appropriated or otherwise made 

10 available under this title under the heading ‘‘ATOMIC EN11 ERGY DEFENSE ACTIVITIES’’ may be obligated or ex12 pended for additional and exploratory studies under the 

13 Advanced Concepts Initiative until 30 days after the date 

14 on which the Administrator for Nuclear Security submits 

15 to Congress a detailed report on the planned activities for 

16 additional and exploratory studies under the initiative for 

17 fiscal year 2004. The report shall be submitted in unclassi18 fied form, but may include a classified annex. 

19 SEC. 315. MARTIN’S COVE LEASE. (a) DEFINITIONS.—

20 In this section: 

21 (1) BUREAU OF LAND MANAGEMENT.—The term 

22 ‘‘Bureau of Land Management’’, hereafter referred to 

23 as the ‘‘BLM’’, means an agency of the Department 

24 of the Interior. 
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1 (2) CORPORATION.—The term ‘‘Corporation’’ 

2 means the Corporation of the Presiding Bishop of The 

3 Church of Jesus Christ of Latter-day Saints, located 

4 at 50 East North Temple Street, Salt Lake City, 

5 Utah. 

6 (3) MARTIN’S COVE.—The term ‘‘Martin’s Cove’’ 

7 means the area, consisting of approximately 940 acres 

8 of public lands in Natrona County, Wyoming as de9 picted on the Martin’s Cove map numbered MC–001. 

10 (4) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (b) LEASE.—

13 (1) IN GENERAL.—Not later than 120 days after 

14 the date of enactment of this Act, the Secretary may 

15 enter into an agreement with the Corporation to lease, 

16 for a term of 25 years, approximately 940 acres of 

17 Federal land depicted on the Martin’s Cove map MC–

18 001. The Corporation shall retain the right of ingress 

19 and egress in, from and to any part of the leasehold 

20 for its use and management as an important histor21 ical site. 

22 (2) TERMS AND CONDITIONS.—

23 (A) SURVEY.—As a condition of the agree24 ment under paragraph (1), the Corporation shall 

25 provide a boundary survey to the Secretary, ac-
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1 ceptable to the Corporation and the Secretary, of 

2 the parcels of land to be leased under paragraph 

3 (1). 

4 (B) ACCESS.—

5 (i) IN GENERAL.—The Secretary and 

6 the Corporation shall enter into a lease cov7 enant, binding on any successor or assignee 

8 that ensures that, consistent with the his9 toric purposes of the site, public access will 

10 be provided across private land owned by 

11 the Corporation to Martin’s Cove and Dev12 il’s Gate. Access shall—

13 (I) ensure public visitation for 

14 historic, educational and scenic pur15 poses through private lands owned by 

16 the Corporation to Martin’s Cove and 

17 Devil’s Gate; 

18 (II) provide for public education, 

19 ecologic and preservation at the Mar20 tin’s Cove site; 

21 (III) be provided to the public 

22 without charge; and 

23 (IV) permit the Corporation, in 

24 consultation with the BLM, to regulate 

25 entry as may be required to protect the 
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1 environmental and historic values of 

2 the resource at Martin’s Cove or at 

3 such times as necessitated by weather 

4 conditions, matters of public safety 

5 and nighttime hours. 

6 (C) IMPROVEMENTS.—The Corporation 

7 may, upon approval of the BLM, improve the 

8 leasehold as may become necessary from time to 

9 time in order to accommodate visitors to the 

10 leasehold. 

11 (D) ARCHAEOLOGICAL PRESERVATION.—

12 The Corporation shall have the obligation to pro13 tect and maintain any historical or archae14 ological artifacts discovered or otherwise identi15 fied at Martin’s Cove. 

16 (E) VISITATION GUIDELINES.—The Cor17 poration may establish, in consultation with the 

18 BLM, visitation guidelines with respect to such 

19 issues as firearms, alcoholic beverages, and con20 trolled substances and conduct consistent with 

21 the historic nature of the resource, and to protect 

22 public health and safety. 

23 (F) NO ABRIDGEMENT.—The lease shall not 

24 be subject to abridgement, modification, termi25 nation, or other taking in the event any sur-
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1 rounding area is subsequently designated as a 

2 wilderness or other protected areas. The lease 

3 shall contain a provision limiting the ability of 

4 the Secretary from administratively placing 

5 Martin’s Cove in a restricted land management 

6 status such as a Wilderness Study Area. 

7 (G) RIGHTOF FIRSTREFUSAL.—The Cor8 poration shall be granted a right of first refusal 

9 to lease or otherwise manage Martin’s Cove in 

10 the event the Secretary proposes to lease or 

11 transfer control or title of the land to another 

12 party. 

13 (H) FAIR MARKETVALUE LEASE PAY14 MENTS.—The Corporation shall make lease pay15 ments which reflect the fair market rental value 

16 of the public lands to be leased, provided how17 ever, such lease payments shall be offset by value 

18 of the public easements granted by the Corpora19 tion to the Secretary across private lands owned 

20 by the Corporation for access to Martin’s Cove 

21 and Devil’s Gate. 

22 (I) RENEWAL.—The Secretary may offer to 

23 renew such lease on terms which are mutually 

24 acceptable to the parties. 
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1 (c) MINERAL WITHDRAWAL.—The Secretary shall re2 tain the subsurface mineral estate under the leasehold, pro3 vided that the leased lands shall be withdrawn from all 

4 forms of entry, appropriations, or disposal under the public 

5 land laws and disposition under all laws relating to oil 

6 and gas leasing. 

7 (d) NO PRECEDENT SET.—This Act does not set a 

8 precedent for the terms and conditions of leases between or 

9 among private entities and the United States. 

10 (e) VALID AND EXISTING RIGHTS.—The Lease pro11 vided for under this section shall be subject to valid existing 

12 rights with respect to any lease, right-of-way, permit, or 

13 other valid existing rights to which the property is subject. 

14 (f) AVAILABILITY OF MAP.—The Secretary shall keep 

15 the map identified in this section on file and available for 

16 public inspection in the Casper District Office of the BLM 

17 in Wyoming and the State Office of the BLM, Cheyenne, 

18 Wyoming. 

19 (g) NEPA COMPLIANCE.—The Secretary shall comply 

20 with the provisions of the National Environmental Policy 

21 Act of 1969 (42 U.S.C. 4321 et seq.) in carrying out this 

22 section. 

23 SEC. 316. (a) MEMORANDUM OF AGREEMENT.—Not 

24 later than 45 days after the date of enactment of this Act, 

25 the Secretary of Energy and the Secretary of Labor shall 
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1 enter into a Memorandum of Agreement (referred to in this 

2 section as the ‘‘MOA’’) under which the Secretary of Labor 

3 shall agree to provide technical and managerial assistance 

4 pursuant to subtitle D of the Energy Employees Occupa5 tional Illness Compensation Program Act of 2000 (42 

6 U.S.C. 7385o et seq.). 

7 (b) REQUIREMENT.—Under the MOA entered into 

8 under subsection (a), the Secretary of Labor shall, not later 

9 than 90 days after the date of enactment of this Act, assume 

10 management and operational responsibility for the develop11 ment and preparation of claims filed with the Department 

12 of Energy under subtitle D of the Energy Employees Occu13 pational Illness Compensation Program Act of 2000 (42 

14 U.S.C. 7385o et seq.), consistent with the regulations under 

15 part 852 of title 10, Code of Federal Regulations, including 

16 the development of information necessary for the informed 

17 consideration of such claims by a physicians panel (which 

18 shall include work histories, medical records, and exposure 

19 assessments with respect to toxic substances). 

20 (c) PROCUREMENTOF SERVICES.—The Secretary of 

21 Labor may procure temporary services in carrying out the 

22 duties of the Secretary under the MOA. 

23 (d) DUTIES OF SECRETARY OF ENERGY.—Under the 

24 MOA entered into under subsection (a), the Secretary of En25 ergy shall—
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1 (1) consistent with subtitle D of the Energy Em2 ployees Occupational Illness Compensation Program 

3 Act of 2000 (42 U.S.C. 7385o et seq.), manage physi4 cian panels and secure necessary records in response 

5 to requests from the Secretary of Labor; and 

6 (2) subject to the availability of appropriations, 

7 transfer funds pursuant to requests by the Secretary 

8 of Labor. 

9 (e) SUBMISSION TO CONGRESS.—The MOA entered 

10 into under subsection (a) shall be submitted to the appro11 priate committees of Congress and made available to the 

12 general public in both printed and electronic forms. 

13 SEC. 317. REINSTATEMENT AND TRANSFER OF THE

14 FEDERAL LICENSE FOR PROJECT NO. 2696. (a) DEFINI15 TIONS.—

16 (1) COMMISSION.—The term ‘‘Commission’’ 

17 means the Federal Energy Regulatory Commission. 

18 (2) TOWN.—The term ‘‘town’’ means the town of 

19 Stuyvesant, New York, the holder of Federal Energy 

20 Regulatory Commission Preliminary Permit No. 

21 11787. 

22 (b) REINSTATEMENT AND TRANSFER.—Notwith23 standing section 8 of the Federal Power Act (16 U.S.C. 801) 

24 or any other provision of that Act, the Commission shall, 
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1 not later than 30 days after the date of enactment of this 

2 Act—

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

4 (2) transfer the license to the town. 

5 (c) HYDROELECTRIC INCENTIVES.—Project No. 2696 

6 shall be entitled to the full benefit of any Federal law that—

7 (1) promotes hydroelectric development; and 

8 (2) that is enacted within 2 years before or after 

9 the date of enactment of this Act. 

10 (d) CO-LICENSEE.—Notwithstanding the issuance of a 

11 preliminary permit to the town and any consideration of 

12 municipal preference, the town may at any time add as 

13 a co-licensee to the reinstated license a private or public 

14 entity. 

15 (e) PROJECT FINANCING.—The town may receive loans 

16 under sections 402 and 403 of the Public Utility Regulatory 

17 Policies Act of 1978 (16 U.S.C. 2702, 2703) or similar pro18 grams for the reimbursement of the costs of any feasibility 

19 studies and project costs incurred during the period begin20 ning on January 1, 2001 and ending on December 31, 

21 2006. 

22 (f) ENERGY CREDITS.—Any power produced by the 

23 project shall be deemed to be incremental hydropower for 

24 purposes of qualifying for energy credits or similar benefits. 
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1 SEC. 318. REPORTON EXPENDITURES FOR THE EN2 ERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION

3 ACT. Not later than 180 days after the date of enactment 

4 of this Act, the Secretary of Energy shall submit to the Com5 mittee on Energy and Natural Resources of the Senate and 

6 the Committee on Energy and Commerce of the House of 

7 Representatives a report on administrative expenditures of 

8 the Secretary for the Energy Employees Occupational Ill9 ness Compensation Program Act of 2000 (42 U.S.C. 7384 

10 et seq.). 

11 TITLE IV 

12 INDEPENDENT AGENCIES 

13 APPALACHIAN REGIONAL COMMISSION

14 For expenses necessary to carry out the programs au15 thorized by the Appalachian Regional Development Act of 

16 1965, as amended, for necessary expenses for the Federal 

17 Co-Chairman and the alternate on the Appalachian Re18 gional Commission, for payment of the Federal share of the 

19 administrative expenses of the Commission, including serv20 ices as authorized by 5 U.S.C. 3109, and hire of passenger 

21 motor vehicles, $71,145,000, to remain available until ex22 pended. 
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1 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

2 SALARIES AND EXPENSES

3 For necessary expenses of the Defense Nuclear Facili4 ties Safety Board in carrying out activities authorized by 

5 the Atomic Energy Act of 1954, as amended by Public Law 

6 100–456, section 1441, $19,559,000, to remain available 

7 until expended. 

8 DELTA REGIONAL AUTHORITY

9 SALARIES AND EXPENSES

10 For necessary expenses of the Delta Regional Authority 

11 and to carry out its activities, as authorized by the Delta 

12 Regional Authority Act of 2000, as amended, notwith13 standing sections 382C(b)(2), 382F(d), and 382M(b) of said 

14 Act, $7,000,000, to remain available until expended. 

15 DENALI COMMISSION

16 For expenses of the Denali Commission including the 

17 purchase, construction and acquisition of plant and capital 

18 equipment as necessary and other expenses, $48,500,000, to 

19 remain available until expended. 

20 NUCLEAR REGULATORY COMMISSION

21 SALARIES AND EXPENSES

22 For necessary expenses of the Commission in carrying 

23 out the purposes of the Energy Reorganization Act of 1974, 

24 as amended, and the Atomic Energy Act of 1954, as amend25 ed, including official representation expenses (not to exceed 
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1 $15,000), and purchase of promotional items for use in the 

2 recruitment of individuals for employment, $618,800,000, 

3 to remain available until expended: Provided, That of the 

4 amount appropriated herein, $33,100,000 shall be derived 

5 from the Nuclear Waste Fund: Provided further, That reve6 nues from licensing fees, inspection services, and other serv7 ices and collections estimated at $538,844,000 in fiscal year 

8 2004 shall be retained and used for necessary salaries and 

9 expenses in this account, notwithstanding 31 U.S.C. 3302, 

10 and shall remain available until expended: Provided fur11 ther, That the sum herein appropriated shall be reduced by 

12 the amount of revenues received during fiscal year 2004 so 

13 as to result in a final fiscal year 2004 appropriation esti14 mated at not more than $79,956,000. 

15 OFFICE OF INSPECTOR GENERAL

16 For necessary expenses of the Office of Inspector Gen17 eral in carrying out the provisions of the Inspector General 

18 Act of 1978, as amended, $7,300,000, to remain available 

19 until expended: Provided, That revenues from licensing fees, 

20 inspection services, and other services and collections esti21 mated at $6,716,000 in fiscal year 2004 shall be retained 

22 and be available until expended, for necessary salaries and 

23 expenses in this account notwithstanding 31 U.S.C. 3302: 

24 Provided further, That the sum herein appropriated shall 

25 be reduced by the amount of revenues received during fiscal 
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1 year 2004 so as to result in a final fiscal year 2004 appro2 priation estimated at not more than $584,000. 

3 NUCLEAR WASTE TECHNICAL REVIEW BOARD

4 SALARIES AND EXPENSES

5 For necessary expenses of the Nuclear Waste Technical 

6 Review Board, as authorized by Public Law 100–203, sec7 tion 5051, $3,177,000, to be derived from the Nuclear Waste 

8 Fund, and to remain available until expended. 

9 TITLE V 

10 GENERAL PROVISIONS 

11 SEC. 501. None of the funds appropriated by this Act 

12 may be used in any way, directly or indirectly, to influence 

13 congressional action on any legislation or appropriation 

14 matters pending before Congress, other than to commu15 nicate to Members of Congress as described in 18 U.S.C. 

16 1913. 

17 SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIP18 MENTAND PRODUCTS.—It is the sense of the Congress that, 

19 to the greatest extent practicable, all equipment and prod20 ucts purchased with funds made available in this Act should 

21 be American-made. 

22 (b) NOTICE REQUIREMENT.—In providing financial 

23 assistance to, or entering into any contract with, any entity 

24 using funds made available in this Act, the head of each 

25 Federal agency, to the greatest extent practicable, shall pro-
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1 vide to such entity a notice describing the statement made 

2 in subsection (a) by the Congress. 

3 (c) PROHIBITION OF CONTRACTS WITH PERSONS

4 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

5 If it has been finally determined by a court or Federal agen6 cy that any person intentionally affixed a label bearing a 

7 ‘‘Made in America’’ inscription, or any inscription with 

8 the same meaning, to any product sold in or shipped to 

9 the United States that is not made in the United States, 

10 the person shall be ineligible to receive any contract or sub11 contract made with funds made available in this Act, pur12 suant to the debarment, suspension, and ineligibility proce13 dures described in sections 9.400 through 9.409 of title 48, 

14 Code of Federal Regulations. 

15 SEC. 503. CLARIFICATION OF INDEMNIFICATION TO

16 PROMOTE ECONOMIC DEVELOPMENT. (a) Subsection (b)(2) 

17 of section 3158 of the National Defense Authorization Act 

18 for Fiscal Year 1998 (42 U.S.C. 7274q(b)(2)) is amended 

19 by adding the following after subparagraph (C): 

20 ‘‘(D) Any successor, assignee, transferee, 

21 lender, or lessee of a person or entity described 

22 in subparagraphs (A) through (C).’’. 

23 (b) The amendment made by section 506, as amended 

24 by this section, is effective as of the date of enactment of 
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1 the National Defense Authorization Act for Fiscal Year 

2 1998. 

3 This Act may be cited as the ‘‘Energy and Water De4 velopment Appropriations Act, 2004’’.

Passed the House of Representatives July 18, 2003. 

Attest: JEFF TRANDAHL, 

Clerk. 

Passed the Senate September 16, 2003. 

Attest: EMILY J. REYNOLDS, 

Secretary.