IB 

Union Calendar No. 118

108TH CONGRESS 

1ST SESSION H. R. 2754

[Report No. 108–212] 

Making appropriations for energy and water development for the fiscal year 

ending September 30, 2004, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 16, 2003

Mr. HOBSON, from the Committee on Appropriations, reported the following 

bill; which was committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 

A BILL

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 none of the funds appropriated in this Act for the preser8 vation and restoration of the Florida Everglades shall be 

9 made available for expenditure unless the Secretary of the 

10 Army certifies that the water entering the A.R.M. 

11 Loxahatchee National Wildlife Refuge and Everglades Na12 tional Park meets the water quality requirements set forth 

13 in the Consent Decree entered in United States v. South 

14 Florida Water Management District. This certification 

15 may be made by letter, with all necessary supporting docu16 mentation, as soon as possible, but in no case later than 

17 30 days after this Act becomes effective.

18 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES

19 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, 

20 MISSISSIPPI, MISSOURI, AND TENNESSEE

21 For expenses necessary for the flood damage reduc22 tion program for the Mississippi River alluvial valley below 

23 Cape Girardeau, Missouri, as authorized by law, 

24 $301,054,000, to remain available until expended.
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1 OPERATION AND MAINTENANCE, GENERAL

2 For expenses necessary for the operation, mainte3 nance, and care of existing river and harbor, flood and 

4 storm damage reduction, aquatic ecosystem restoration, 

5 and related projects; for providing security for infrastruc6 ture owned and operated by, or on behalf of, the U.S. 

7 Army Corps of Engineers, including administrative build8 ings and facilities, laboratories, and the Washington Aque9 duct; for the maintenance of harbor channels provided by 

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

11 essential navigation needs of general commerce, where au12 thorized by law; and for surveys and charting of northern 

13 and northwestern lakes and connecting waters, clearing 

14 and straightening channels, and removal of obstructions 

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

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

17 Harbor Maintenance Trust Fund, pursuant to Public Law 

18 99–662 may be derived from that fund, and of which such 

19 sums as become available from the special account for the 

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

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

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

23 resource protection, research, interpretation, and mainte24 nance activities related to resource protection in the areas 

25 at which outdoor recreation is available; and of which such 
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1 sums as become available under section 217 of the Water 

2 Resources Development Act of 1996, Public Law 104–

3 303, shall be used to cover the cost of operation and main4 tenance of the dredged material disposal facilities for 

5 which fees have been collected.

6 REGULATORY PROGRAM

7 For expenses necessary for administration of laws 

8 pertaining to regulation of navigable waters and wetlands, 

9 $144,000,000, to remain available until expended.

10 FORMERLY UTILIZED SITES REMEDIAL ACTION

11 PROGRAM

12 For expenses necessary to clean up contamination 

13 from sites in the United States resulting from work per14 formed as part of the Nation’s early atomic energy pro15 gram, $140,000,000, to remain available until expended. 

16 FLOOD CONTROL AND COASTAL EMERGENCIES

17 For expenses necessary for emergency flood control, 

18 response to hurricanes and other natural disasters, and 

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

20 Army Corps of Engineers undertakes to ensure its readi21 ness to respond to such emergencies, $40,000,000 to re22 main available until expended.

23 GENERAL EXPENSES

24 For expenses necessary for general administration 

25 and related civil works functions in the headquarters of 
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1 the U.S. Army Corps of Engineers, the offices of the Divi2 sion Engineers, the Humphreys Engineer Center Support 

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

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

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

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

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

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

9 the Chief of Engineers or the executive direction and man10 agement activities of the division offices: Provided further,

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

12 office of congressional affairs within the executive office 

13 of the Chief of Engineers.

14 ADMINISTRATIVE PROVISIONS

15 Appropriations in this title shall be available for offi16 cial reception and representation expenses (not to exceed 

17 $5,000); and during the current fiscal year the Revolving 

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

19 (not to exceed 100 for replacement only) and hire of pas20 senger motor vehicles.

21 GENERAL PROVISIONS 

22 CORPS OF ENGINEERS—CIVIL 

23 SEC. 101. Agreements proposed for execution by the 

24 Assistant Secretary of the Army for Civil Works or the 

25 United States Army Corps of Engineers after the date of 
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1 the enactment of this Act pursuant to section 4 of the 

2 Rivers and Harbor Act of 1915, Public Law 64–291; sec3 tion 11 of the River and Harbor Act of 1925, Public Law 

4 68–585; the Civil Functions Appropriations Act, 1936, 

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

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

7 203, and 204 of the Water Resources Development Act 

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

9 the Water Resources Development Act of 1992, as amend10 ed, Public Law 102–580; section 211 of the Water Re11 sources Development Act of 1996, Public Law 104–303; 

12 and any other specific project authority, shall be limited 

13 to credits and reimbursements per project not to exceed 

14 $10,000,000 in each fiscal year, and total credits and re15 imbursements for all applicable projects not to exceed 

16 $50,000,000 in each fiscal year. 

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

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

19 Corps of Engineers to support activities related to the pro20 posed Ridge Landfill in Tuscarawas County, Ohio. 

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

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

23 Corps of Engineers to support activities related to the pro24 posed Indian Run Sanitary Landfill in Sandy Township, 

25 Stark County, Ohio. 
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1 NAMING OF LOCK AND DAM 3, ALLEGHENY RIVER, 

2 PENNSYLVANIA

3 Sec. 104. (a) DESIGNATION.—Lock and dam num4 bered 3 on the Allegheny River, Pennsylvania, shall be 

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

6 Dam’’. 

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

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

9 United States to the lock and dam referred to in sub10 section (a) shall be deemed to be a reference to the ‘‘C.W. 

11 ‘Bill’ Young Lock and Dam’’. 

12 TITLE II 

13 DEPARTMENT OF THE INTERIOR 

14 CENTRAL UTAH PROJECT

15 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

16 For carrying out activities authorized by the Central 

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

18 available until expended, of which $9,423,000 shall be de19 posited into the Utah Reclamation Mitigation and Con20 servation Account for use by the Utah Reclamation Miti21 gation and Conservation Commission.

22 In addition, for necessary expenses incurred in car23 rying out related responsibilities of the Secretary of the 

24 Interior, $1,728,000, to remain available until expended.
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1 BUREAU OF RECLAMATION 

2 WATER AND RELATED RESOURCES

3 (INCLUDING TRANSFER OF FUNDS)

4 For management, development, and restoration of 

5 water and related natural resources and for related activi6 ties, including the operation, maintenance, and rehabilita7 tion of reclamation and other facilities, participation in 

8 fulfilling related Federal responsibilities to Native Ameri9 cans, and related grants to, and cooperative and other 

10 agreements with, State and local governments, Indian 

11 tribes, and others, $817,913,000, to remain available until 

12 expended, of which $57,330,000 shall be available for 

13 transfer to the Upper Colorado River Basin Fund and 

14 $33,570,000 shall be available for transfer to the Lower 

15 Colorado River Basin Development Fund; of which such 

16 amounts as may be necessary may be advanced to the Col17 orado River Dam Fund; and of which not more than 

18 $500,000 is for high priority projects which shall be car19 ried out by the Youth Conservation Corps, as authorized 

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

21 be increased or decreased within the overall appropriation 

22 under this heading: Provided further, That of the total ap23 propriated, the amount for program activities that can be 

24 financed by the Reclamation Fund or the Bureau of Rec25 lamation special fee account established by 16 U.S.C. 

26 460l–6a(i) shall be derived from that Fund or account: 
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1 Provided further, That funds contributed under 43 U.S.C. 

2 395 are available until expended for the purposes for 

3 which contributed: Provided further, That funds advanced 

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

5 and are available until expended for the same purposes 

6 as the sums appropriated under this heading: Provided 

7 further, That funds available for expenditure for the De8 partmental Irrigation Drainage Program may be expended 

9 by the Bureau of Reclamation for site remediation on a 

10 non-reimbursable basis: Provided further, That 

11 $10,000,000 of the funds appropriated herein shall be de12 posited in the San Gabriel Basin Restoration Fund estab13 lished by section 110 of division B, title I of Public Law 

14 106–554, as amended: Provided further, That section 301 

15 of Public Law 102–250, Reclamation States Emergency 

16 Drought Relief Act of 1991, as amended, is amended fur17 ther by inserting ‘‘2003, and 2004’’ in lieu of ‘‘and 2003’’.

18 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

19 For administrative expenses necessary to carry out 

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

21 remain available until expended, of which the amount that 

22 can be financed by the Reclamation Fund shall be derived 

23 from that fund.

24 CENTRAL VALLEY PROJECT RESTORATION FUND

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

26 habitat restoration, improvement, and acquisition provi-
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1 sions of the Central Valley Project Improvement Act, 

2 $39,600,000, to be derived from such sums as may be col3 lected in the Central Valley Project Restoration Fund pur4 suant to sections 3407(d), 3404(c)(3), 3405(f), and 

5 3406(c)(1) of Public Law 102–575, to remain available 

6 until expended: Provided, That the Bureau of Reclamation 

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

8 additional mitigation and restoration payments authorized 

9 by section 3407(d) of Public Law 102–575: Provided fur10 ther, That none of the funds made available under this 

11 heading may be used for the acquisition or leasing of water 

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

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

14 POLICY AND ADMINISTRATION

15 For necessary expenses of policy, administration, and 

16 related functions in the office of the Commissioner, the 

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

18 of Reclamation, to remain available until expended, 

19 $56,525,000, to be derived from the Reclamation Fund 

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

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

22 Act shall be available for activities or functions budgeted 

23 as policy and administration expenses. 
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1 WORKING CAPITAL FUND

2 (RESCISSION)

3 From unobligated balances under this heading, 

4 $4,525,000 are rescinded.

5 ADMINISTRATIVE PROVISION

6 Appropriations for the Bureau of Reclamation shall 

7 be available for purchase of not to exceed 14 passenger 

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

9 GENERAL PROVISIONS 

10 DEPARTMENT OF THE INTERIOR 

11 SEC. 201. (a) None of the funds appropriated or oth12 erwise made available by this Act may be used to deter13 mine the final point of discharge for the interceptor drain 

14 for the San Luis Unit until development by the Secretary 

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

16 shall conform to the water quality standards of the State 

17 of California as approved by the Administrator of the En18 vironmental Protection Agency, to minimize any detri19 mental effect of the San Luis drainage waters. 

20 (b) The costs of the Kesterson Reservoir Cleanup 

21 Program and the costs of the San Joaquin Valley Drain22 age Program shall be classified by the Secretary of the 

23 Interior as reimbursable or nonreimbursable and collected 

24 until fully repaid pursuant to the ‘‘Cleanup Program-Al25 ternative Repayment Plan’’ and the ‘‘SJVDP–Alternative 

26 Repayment Plan’’ described in the report entitled ‘‘Repay-
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1 ment Report, Kesterson Reservoir Cleanup Program and 

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

3 prepared by the Department of the Interior, Bureau of 

4 Reclamation. Any future obligations of funds by the 

5 United States relating to, or providing for, drainage serv6 ice or drainage studies for the San Luis Unit shall be fully 

7 reimbursable by San Luis Unit beneficiaries of such serv8 ice or studies pursuant to Federal reclamation law. 

9 SEC. 202. None of the funds appropriated or other10 wise made available by this or any other Act may be used 

11 to pay the salaries and expenses of personnel to purchase 

12 or lease water in the Middle Rio Grande or the Carlsbad 

13 Projects in New Mexico unless said purchase or lease is 

14 in compliance with the purchase requirements of section 

15 202 of Public Law 106–60. 

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

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

18 annual quantities delivered under these contracts to be de19 termined by the Secretary based upon the quantity of 

20 water actually needed within the Sacramento County 

21 Water Agency service area and San Juan Suburban Water 

22 District after considering reasonable efforts to: (i) pro23 mote full utilization of existing water entitlements within 

24 Sacramento County, (ii) implement water conservation 

25 and metering programs within the areas served by the con-
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1 tract, and (iii) implement programs to maximize to the 

2 extent feasible conjunctive use of surface water and 

3 groundwater’’. 

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

5 and directed to amend the Central Valley Project water 

6 supply contracts of the Sacramento County Water Agency 

7 and the San Juan Suburban Water District by deleting 

8 a provision requiring a determination of annual water 

9 needs included pursuant to section 206 of Public Law 

10 101–514. 

11 LOWER COLORADO RIVER BASIN DEVELOPMENT

12 SEC. 205. (a) IN GENERAL.—Notwithstanding sec13 tion 403(f) of the Colorado River Basin Project Act (43 

14 U.S.C. 1543(f)), no amount from the Lower Colorado 

15 River Basin Development Fund shall be paid to the gen16 eral fund of the Treasury until each provision of the re17 vised Stipulation Regarding a Stay and for Ultimate 

18 Judgment Upon the Satisfaction of Conditions, filed in 

19 United States district court, in Central Arizona Water 

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

21 TUC–WDB (EHC), No. CIV 95–1720–OHX–EHC (Con22 solidated Action)), and any amendment or revision there23 of, is met. 

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

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

26 are not met by the date that is ten years after the date 
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1 of enactment of this Act, payments to the general fund 

2 of the Treasury shall resume in accordance with section 

3 403(f) of the Colorado River Basin Project Act (43 U.S.C. 

4 1543(f)). 

5 (c) AUTHORIZATION.—Amounts in the Lower Colo6 rado River Basin Development Fund that but for this sec7 tion would be returned to the general fund of the Treasury 

8 shall not be expended until further Act of Congress. 

9 SEC. 206. The second paragraph under the heading 

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

11 U.S.C. 377b) is amended by inserting ‘‘, not to exceed 

12 $5,000,000 for each causal event giving rise to a claim 

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

14 TITLE III 

15 DEPARTMENT OF ENERGY 

16 ENERGY PROGRAMS 

17 ENERGY SUPPLY

18 For Department of Energy expenses including the 

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

21 supply activities in carrying out the purposes of the De22 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

24 real property or any facility or for plant or facility acquisi25 tion, construction, or expansion, and the purchase of not 
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1 to exceed 12 passenger motor vehicles for replacement 

2 only, including two buses; $691,534,000, to remain avail3 able until expended. 

4 NON-DEFENSE SITE ACCELERATION COMPLETION

5 For Department of Energy expenses, including the 

6 purchase, construction, and acquisition of plant and cap7 ital equipment and other expenses necessary for non-de8 fense environmental management site acceleration activi9 ties in carrying out the purposes of the Department of 

10 Energy Organization Act (42 U.S.C. 7101 et seq.), includ11 ing the acquisition or condemnation of any real property 

12 or any facility or for plant or facility acquisition, construc13 tion, or expansion, $170,875,000, to remain available until 

14 expended. 

15 NON-DEFENSE ENVIRONMENTAL SERVICES

16 For Department of Energy expenses necessary for 

17 non-defense environmental services activities conducted as 

18 a result of nuclear energy research and development activi19 ties that indirectly support the accelerated cleanup and 

20 closure mission at environmental management sites, as 

21 well as new work scope transferred to the Environmental 

22 Management program, including the purchase, construc23 tion, and acquisition of plant and capital equipment and 

24 other necessary expenses, $320,468,000, to remain avail25 able until expended.
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1 URANIUM ENRICHMENT DECONTAMINATION AND

2 DECOMMISSIONING FUND

3 For necessary expenses in carrying out uranium en4 richment facility decontamination and decommissioning, 

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

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

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

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

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

10 title X, subtitle A, of the Energy Policy Act of 1992.

11 SCIENCE

12 For Department of Energy expenses including the 

13 purchase, construction and acquisition of plant and capital 

14 equipment, and other expenses necessary for science ac15 tivities in carrying out the purposes of the Department 

16 of Energy Organization Act (42 U.S.C. 7101 et seq.), in17 cluding the acquisition or condemnation of any real prop18 erty or facility or for plant or facility acquisition, construc19 tion, or expansion, and purchase of not to exceed 15 pas20 senger motor vehicles for replacement only, including not 

21 to exceed one ambulance, $3,480,180,000, to remain avail22 able until expended.

23 NUCLEAR WASTE DISPOSAL

24 For nuclear waste disposal activities to carry out the 

25 purposes of Public Law 97–425, as amended, including 
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1 the acquisition of real property or facility construction or 

2 expansion, $335,000,000, to remain available until ex3 pended and to be derived from the Nuclear Waste Fund: 

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

5 $70,000,000 shall be used to initiate development of a rail 

6 line in the State of Nevada, connecting the existing na7 tional rail network with the repository site on the Nevada 

8 Test Site: Provided further, That none of the funds pro9 vided in this or any other appropriations Act may be used 

10 for the planning, design, or development of the rail cor11 ridors that pass near the Las Vegas Metropolitan Area, 

12 specifically the Valley Modified Corridor and the Jean 

13 Corridor, and variations thereof, as these corridors are de14 lineated in the Final Environmental Impact Statement for 

15 a Geologic Repository for the Disposal of Spent Nuclear 

16 Fuel and High-Level Radioactive Waste at Yucca Moun17 tain, Nye County, Nevada, dated February 2002: Provided 

18 further, That $65,000,000 of the $70,000,000 made avail19 able in this Act for Nevada rail transportation shall be 

20 available only if the Secretary designates rail as the pre21 ferred mode of transportation within Nevada and selects 

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

23 Act and commences the necessary environmental and engi24 neering analysis to develop and issue a Record of Decision 

25 for a specific rail alignment within the selected rail cor-
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1 ridor by June 30, 2005: Provided further, That not to ex2 ceed $2,500,000 shall be provided to the State of Nevada 

3 solely for expenditures, other than salaries and expenses 

4 of State employees, to conduct scientific oversight respon5 sibilities and participate in licensing activities pursuant to 

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

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

8 $6,500,000 shall be provided to affected units of local gov9 ernments, as defined in Public Law 97–425, to conduct 

10 appropriate activities pursuant to the Act: Provided fur11 ther, That the distribution of funds to the State of Nevada 

12 and affected units of local government shall be solely for 

13 activities approved in advance by the Department of En14 ergy: Provided further, That the funds for the State of 

15 Nevada shall be made available solely to the Nevada Divi16 sion of Emergency Management by direct payment and 

17 to affected units of local government by direct payment: 

18 Provided further, That within 90 days of the completion 

19 of each Federal fiscal year, the Nevada Division of Emer20 gency Management, the Governor of the State of Nevada, 

21 and each affected unit of local government receiving pay22 ments under this section shall provide certification to the 

23 Department of Energy that all funds expended from such 

24 payments have been expended for activities authorized by 

25 Public Law 97–425 and this Act. Failure to provide such 
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1 certification shall cause such entity to be prohibited from 

2 receiving any further Federal funding provided for similar 

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

4 appropriated may be: (1) used directly or indirectly to in5 fluence legislative action on any matter pending before 

6 Congress or a State legislature or for lobbying activity as 

7 provided in 18 U.S.C. 1913; (2) used for litigation ex8 penses; or (3) used to support multi-State efforts or other 

9 coalition building activities: Provided further, That all pro10 ceeds and recoveries realized by the Secretary in carrying 

11 out activities authorized by the Nuclear Waste Policy Act 

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

13 proceeds from the sale of assets shall be available without 

14 further appropriation and shall remain available until ex15 pended.

16 DEPARTMENTAL ADMINISTRATION

17 (INCLUDING TRANSFER OF FUNDS)

18 For salaries and expenses of the Department of En19 ergy necessary for departmental administration in car20 rying out the purposes of the Department of Energy Orga21 nization Act (42 U.S.C. 7101 et seq.), including the hire 

22 of passenger motor vehicles and official reception and rep23 resentation expenses (not to exceed $35,000), 

24 $224,329,000, to remain available until expended, plus 

25 such additional amounts as necessary to cover increases 
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1 in the estimated amount of cost of work for others not2 withstanding the provisions of the Anti-Deficiency Act (31 

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

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

5 greater amount, to remain available until expended: Pro6 vided further, That moneys received by the Department 

7 for miscellaneous revenues estimated to total 

8 $123,000,000 in fiscal year 2004 may be retained and 

9 used for operating expenses within this account, and may 

10 remain available until expended, as authorized by section 

11 201 of Public Law 95–238, notwithstanding the provisions 

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

13 appropriated shall be reduced by the amount of miscella14 neous revenues received during fiscal year 2004, and any 

15 related unappropriated receipt account balances remaining 

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

17 in a final fiscal year 2004 appropriation from the General 

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

19 OFFICE OF THE INSPECTOR GENERAL

20 For necessary expenses of the Office of the Inspector 

21 General in carrying out the provisions of the Inspector 

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

23 available until expended.
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1 ATOMIC ENERGY DEFENSE ACTIVITIES 

2 NATIONAL NUCLEAR SECURITY 

3 ADMINISTRATION 

4 WEAPONS ACTIVITIES

5 For Department of Energy expenses, including the 

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

8 atomic energy defense weapons activities in carrying out 

9 the purposes of the Department of Energy Organization 

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

11 condemnation of any real property or any facility or for 

12 plant or facility acquisition, construction, or expansion; 

13 one fixed wing aircraft for replacement only; and the pur14 chase of not to exceed six passenger motor vehicles, of 

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

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

17 until September 30, 2006.

18 DEFENSE NUCLEAR NONPROLIFERATION

19 For Department of Energy expenses, including the 

20 purchase, construction and acquisition of plant and capital 

21 equipment and other incidental expenses necessary for 

22 atomic energy defense, defense nuclear nonproliferation 

23 activities, in carrying out the purposes of the Department 

24 of Energy Organization Act (42 U.S.C. 7101 et seq.), in25 cluding the acquisition or condemnation of any real prop-
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1 erty or any facility or for plant or facility acquisition, con2 struction, or expansion, $1,280,195,000, to remain avail3 able until September 30, 2006.

4 NAVAL REACTORS

5 For Department of Energy expenses necessary for 

6 naval reactors activities to carry out the Department of 

7 Energy Organization Act (42 U.S.C. 7101 et seq.), includ8 ing the acquisition (by purchase, condemnation, construc9 tion, or otherwise) of real property, plant, and capital 

10 equipment, facilities, and facility expansion, and the pur11 chase of not to exceed one bus; $768,400,000, to remain 

12 available until expended.

13 OFFICE OF THE ADMINISTRATOR

14 For necessary expenses of the Office of the Adminis15 trator in the National Nuclear Security Administration, 

16 including official reception and representation expenses 

17 (not to exceed $12,000), $341,980,000, to remain avail18 able until September 30, 2006.

19 ENVIRONMENTAL AND OTHER DEFENSE 

20 ACTIVITIES

21 DEFENSE SITE ACCELERATION COMPLETION

22 For Department of Energy expenses, including the 

23 purchase, construction, and acquisition of plant and cap24 ital equipment and other expenses necessary for atomic 

25 energy defense site acceleration completion activities in 
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1 carrying out the purposes of the Department of Energy 

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

3 acquisition or condemnation of any real property or any 

4 facility or for plant or facility acquisition, construction, or 

5 expansion; $5,758,278,000, to remain available until ex6 pended. 

7 DEFENSE ENVIRONMENTAL SERVICES

8 For Department of Energy expenses necessary for 

9 defense-related environmental services activities that indi10 rectly support the accelerated cleanup and closure mission 

11 at environmental management sites, including the pur12 chase, construction, and acquisition of plant and capital 

13 equipment and other necessary expenses, and the purchase 

14 of not to exceed one ambulance for replacement only, 

15 $990,179,000, to remain available until expended.

16 OTHER DEFENSE ACTIVITIES

17 For Department of Energy expenses, including the 

18 purchase, construction, and acquisition of plant and cap19 ital equipment and other expenses necessary for atomic 

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

21 purposes of the Department of Energy Organization Act 

22 (42 U.S.C. 7101 et seq.), including the acquisition or con23 demnation of any real property or any facility or for plant 

24 or facility acquisition, construction, or expansion, 

25 $666,516,000, to remain available until expended.
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1 DEFENSE NUCLEAR WASTE DISPOSAL

2 For nuclear waste disposal activities to carry out the 

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

4 the acquisition of real property or facility construction or 

5 expansion, $430,000,000, to remain available until ex6 pended. 

7 CERRO GRANDE FIRE ACTIVITIES 

8 (RESCISSION)

9 From unobligated balances under this heading, 

10 $75,000,000 are cancelled.

11 POWER MARKETING ADMINISTRATIONS 

12 BONNEVILLE POWER ADMINISTRATION FUND

13 Expenditures from the Bonneville Power Administra14 tion Fund, established pursuant to Public Law 93–454, 

15 are approved for official reception and representation ex16 penses in an amount not to exceed $1,500. During fiscal 

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

18 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

19 ADMINISTRATION

20 For necessary expenses of operation and maintenance 

21 of power transmission facilities and of marketing electric 

22 power and energy, including transmission wheeling and 

23 ancillary services, pursuant to the provisions of section 5 

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

25 applied to the southeastern power area, $5,100,000, to re-
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1 main available until expended; in addition, notwith2 standing the provisions of 31 U.S.C. 3302, up to 

3 $19,000,000 collected by the Southeastern Power Admin4 istration pursuant to the Flood Control Act to recover pur5 chase power and wheeling expenses shall be credited to 

6 this account as offsetting collections, to remain available 

7 until expended for the sole purpose of making purchase 

8 power and wheeling expenditures.

9 OPERATION AND MAINTENANCE, SOUTHWESTERN

10 POWER ADMINISTRATION

11 For necessary expenses of operation and maintenance 

12 of power transmission facilities and of marketing electric 

13 power and energy, for construction and acquisition of 

14 transmission lines, substations and appurtenant facilities, 

15 and for administrative expenses, including official recep16 tion and representation expenses in an amount not to ex17 ceed $1,500 in carrying out the provisions of section 5 

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

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

20 remain available until expended: Provided, That, notwith21 standing the provisions of 31 U.S.C. 3302, up to 

22 $1,512,000 collected by the Southwestern Power Adminis23 tration pursuant to the Flood Control Act to recover pur24 chase power and wheeling expenses shall be credited to 

25 this account as offsetting collections, to remain available 
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1 until expended for the sole purpose of making purchase 

2 power and wheeling expenditures; in addition, notwith3 standing 31 U.S.C. 3302, beginning in fiscal year 2004 

4 and thereafter, such funds as are received by the South5 western Power Administration from any State, munici6 pality, corporation, association, firm, district, or individual 

7 as advance payment for work that is associated with 

8 Southwestern’s transmission facilities, consistent with 

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

10 be credited to this account and be available until ex11 pended.

12 CONSTRUCTION, REHABILITATION, OPERATION AND

13 MAINTENANCE, WESTERN AREA POWER ADMINIS14 TRATION

15 For carrying out the functions authorized by title III, 

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

17 U.S.C. 7152), and other related activities including con18 servation and renewable resources programs as author19 ized, including official reception and representation ex20 penses in an amount not to exceed $1,500, $171,000,000, 

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

22 shall be derived from the Department of the Interior Rec23 lamation Fund: Provided, That up to $166,000,000 col24 lected by the Western Area Power Administration pursu25 ant to the Flood Control Act of 1944 and the Reclamation 
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1 Project Act of 1939 to recover purchase power and wheel2 ing expenses shall be credited to this account as offsetting 

3 collections, to remain available until expended for the sole 

4 purpose of making purchase power and wheeling expendi5 tures.

6 FALCON AND AMISTAD OPERATING AND MAINTENANCE

7 FUND

8 For operation, maintenance, and emergency costs for 

9 the hydroelectric facilities at the Falcon and Amistad 

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

11 and to be derived from the Falcon and Amistad Operating 

12 and Maintenance Fund of the Western Area Power Ad13 ministration, as provided in section 423 of the Foreign 

14 Relations Authorization Act, Fiscal Years 1994 and 1995.

15 FEDERAL ENERGY REGULATORY COMMISSION

16 SALARIES AND EXPENSES

17 For necessary expenses of the Federal Energy Regu18 latory Commission to carry out the provisions of the De19 partment of Energy Organization Act (42 U.S.C. 7101 et 

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

21 the hire of passenger motor vehicles, and official reception 

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

23 $192,000,000, to remain available until expended: Pro24 vided, That notwithstanding any other provision of law, 

25 not to exceed $192,000,000 of revenues from fees and an-
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1 nual charges, and other services and collections in fiscal 

2 year 2004 shall be retained and used for necessary ex3 penses in this account, and shall remain available until 

4 expended: Provided further, That the sum herein appro5 priated from the General Fund shall be reduced as reve6 nues are received during fiscal year 2004 so as to result 

7 in a final fiscal year 2004 appropriation from the General 

8 Fund estimated at not more than $0.

9 GENERAL PROVISIONS 

10 DEPARTMENT OF ENERGY

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

12 of law, including section 303(c)(1) of title III of the Fed13 eral Property and Administrative Services Act of 1949 (41 

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

15 appropriations Act for fiscal year 2004 or any previous 

16 fiscal year may be used to make payments for any man17 agement and operating contract of the Department of En18 ergy unless that contract was awarded using competitive 

19 procedures within the past fifty fiscal years or unless the 

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

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

22 Register and submits to the Committees on Appropria23 tions of the House of Representatives and the Senate a 

24 notification of intent to use competitive procedures for the 
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1 procurement of each management and operating contract 

2 when the current term of each such contract expires. 

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

4 the competition of a management and operating contract 

5 that is funded under this or any other appropriations Act 

6 that may have the effect of biasing the competition in 

7 favor of the incumbent contractor or otherwise providing 

8 for anything less than full and open competition of such 

9 contracts. 

10 (c) For purposes of this section, the term ‘‘manage11 ment and operating contract’’ means a contract for the 

12 management and operation of a Department of Energy 

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

14 17.601 of the Federal Acquisition Regulation. 

15 (d) For purposes of this section, the terms ‘‘competi16 tive procedures’’ and ‘‘full and open competition’’ have the 

17 meanings provided in section 4 of the Office of Federal 

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

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

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

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

22 extend contract performance until a long-term contract is 

23 placed or to provide continuity of service between con24 tracts.
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1 SEC. 302. None of the funds appropriated by this Act 

2 may be used to—

3 (1) develop or implement a workforce restruc4 turing plan that covers employees of the Department 

5 of Energy; or 

6 (2) provide enhanced severance payments or 

7 other benefits for employees of the Department of 

8 Energy, under section 3161 of the National Defense 

9 Authorization Act for Fiscal Year 1993 (Public Law 

10 102–484; 42 U.S.C. 7274h). 

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

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

13 for obligation by this Act for severance payments and 

14 other benefits and community assistance grants under sec15 tion 3161 of the National Defense Authorization Act for 

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

17 7274h) unless the Department of Energy submits a re18 programming request subject to approval by the appro19 priate congressional committees.

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

21 may be used to prepare or initiate Requests For Proposals 

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

23 by Congress. 

24 (TRANSFERS OF UNEXPENDED BALANCES)

25 SEC. 305. The unexpended balances of prior appro26 priations provided for activities in this Act may be trans-
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1 ferred to appropriation accounts for such activities estab2 lished pursuant to this title. Balances so transferred may 

3 be merged with funds in the applicable established ac4 counts and thereafter may be accounted for as one fund 

5 for the same time period as originally enacted.

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

7 for the Administrator of the Bonneville Power Administra8 tion may be used to enter into any agreement to perform 

9 energy efficiency services outside the legally defined Bon10 neville service territory, with the exception of services pro11 vided internationally, including services provided on a re12 imbursable basis, unless the Administrator certifies in ad13 vance that such services are not available from private sec14 tor businesses.

15 SEC. 307. When the Department of Energy makes 

16 a user facility available to universities and other potential 

17 users, or seeks input from universities and other potential 

18 users regarding significant characteristics or equipment in 

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

20 shall ensure broad public notice of such availability or 

21 such need for input to universities and other potential 

22 users. When the Department of Energy considers the par23 ticipation of a university or other potential user as a for24 mal partner in the establishment or operation of a user 

25 facility, the Department shall employ full and open com-
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1 petition in selecting such a partner. For purposes of this 

2 section, the term ‘‘user facility’’ includes, but is not lim3 ited to: (1) a user facility as described in section 

4 2203(a)(2) of the Energy Policy Act of 1992 (42 U.S.C. 

5 13503(a)(2)); (2) a National Nuclear Security Adminis6 tration Defense Programs Technology Deployment Cen7 ter/User Facility; and (3) any other Departmental facility 

8 designated by the Department as a user facility.

9 SEC. 308. The Administrator of the National Nuclear 

10 Security Administration may authorize the manager of a 

11 covered nuclear weapons research, development, testing or 

12 production facility to engage in research, development, 

13 and demonstration activities with respect to the engineer14 ing and manufacturing capabilities at such facility in 

15 order to maintain and enhance such capabilities at such 

16 facility: Provided, That of the amount allocated to a cov17 ered nuclear weapons facility each fiscal year from 

18 amounts available to the Department of Energy for such 

19 fiscal year for national security programs, not more than 

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

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

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

23 means the following: 

24 (1) the Kansas City Plant, Kansas City, Mis25 souri; 
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1 (2) the Y–12 Plant, Oak Ridge, Tennessee; 

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

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

4 and 

5 (5) the Nevada Test Site.

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

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

8 Act, for intelligence activities are deemed to be specifically 

9 authorized by the Congress for purposes of section 504 

10 of the National Security Act of 1947 (50 U.S.C. 414) dur11 ing fiscal year 2004 until the enactment of the Intelligence 

12 Authorization Act for fiscal year 2004. 

13 SEC. 310. Notwithstanding the provisions of any 

14 other law, using funds appropriated in this title, the Sec15 retary of Energy shall proceed with planning and analyses 

16 for external regulation of the Department’s laboratories 

17 under the Office of Science as directed in the report ac18 companying this bill.

19 TITLE IV 

20 INDEPENDENT AGENCIES 

21 APPALACHIAN REGIONAL COMMISSION

22 For expenses necessary to carry out the programs au23 thorized by the Appalachian Regional Development Act of 

24 1965, as amended, for necessary expenses for the Federal 

25 Co-Chairman and the alternate on the Appalachian Re-
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1 gional Commission, for payment of the Federal share of 

2 the administrative expenses of the Commission, including 

3 services as authorized by 5 U.S.C. 3109, and hire of pas4 senger motor vehicles, $33,145,000, to remain available 

5 until expended.

6 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the Defense Nuclear Fa9 cilities Safety Board in carrying out activities authorized 

10 by the Atomic Energy Act of 1954, as amended by Public 

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

12 available until expended.

13 DELTA REGIONAL AUTHORITY

14 SALARIES AND EXPENSES

15 For necessary expenses of the Delta Regional Author16 ity and to carry out its activities, as authorized by the 

17 Delta Regional Authority Act of 2000, as amended, not18 withstanding sections 382C(b)(2), 382F(d), and 382M(b) 

19 of said Act, $2,000,000, to remain available until ex20 pended.

21 NUCLEAR REGULATORY COMMISSION

22 SALARIES AND EXPENSES

23 For necessary expenses of the Commission in car24 rying out the purposes of the Energy Reorganization Act 

25 of 1974, as amended, and the Atomic Energy Act of 1954, 
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1 as amended, including official representation expenses 

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

3 items for use in the recruitment of individuals for employ4 ment, $618,800,000, to remain available until expended: 

5 Provided, That of the amount appropriated herein, 

6 $33,100,000 shall be derived from the Nuclear Waste 

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

8 inspection services, and other services and collections esti9 mated at $538,844,000 in fiscal year 2004 shall be re10 tained and used for necessary salaries and expenses in this 

11 account, notwithstanding 31 U.S.C. 3302, and shall re12 main available until expended: Provided further, That the 

13 sum herein appropriated shall be reduced by the amount 

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

15 in a final fiscal year 2004 appropriation estimated at not 

16 more than $79,956,000.

17 OFFICE OF INSPECTOR GENERAL

18 For necessary expenses of the Office of Inspector 

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

20 as amended, $7,300,000, to remain available until Sep21 tember 30, 2005: Provided, That revenues from licensing 

22 fees, inspection services, and other services and collections 

23 estimated at $6,716,000 in fiscal year 2004 shall be re24 tained and be available until expended, for necessary sala25 ries and expenses in this account notwithstanding 31 
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1 U.S.C. 3302: Provided further, That the sum herein ap2 propriated shall be reduced by the amount of revenues re3 ceived during fiscal year 2004 so as to result in a final 

4 fiscal year 2004 appropriation estimated at not more than 

5 $584,000.

6 NUCLEAR WASTE TECHNICAL REVIEW BOARD

7 SALARIES AND EXPENSES

8 For necessary expenses of the Nuclear Waste Tech9 nical Review Board, as authorized by Public Law 100–

10 203, section 5051, $3,177,000, to be derived from the Nu11 clear Waste Fund, and to remain available until expended. 

12 TITLE V 

13 GENERAL PROVISIONS 

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

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

16 congressional action on any legislation or appropriation 

17 matters pending before Congress, other than to commu18 nicate to Members of Congress as described in 18 U.S.C. 

19 1913. 

20 SEC. 502. (a) PURCHASE OF AMERICAN-MADE

21 EQUIPMENT AND PRODUCTS.—It is the sense of the Con22 gress that, to the greatest extent practicable, all equip23 ment and products purchased with funds made available 

24 in this Act should be American-made. 
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1 (b) NOTICE REQUIREMENT.—In providing financial 

2 assistance to, or entering into any contract with, any enti3 ty using funds made available in this Act, the head of each 

4 Federal agency, to the greatest extent practicable, shall 

5 provide to such entity a notice describing the statement 

6 made in subsection (a) by the Congress. 

7 (c) PROHIBITION OF CONTRACTS WITH PERSONS

8 FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—

9 If it has been finally determined by a court or Federal 

10 agency that any person intentionally affixed a label bear11 ing a ‘‘Made in America’’ inscription, or any inscription 

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

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

14 States, the person shall be ineligible to receive any con15 tract or subcontract made with funds made available in 

16 this Act, pursuant to the debarment, suspension, and ineli17 gibility procedures described in sections 9.400 through 

18 9.409 of title 48, Code of Federal Regulations. 

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

20 Act may be transferred to any department, agency, or in21 strumentality of the United States Government, except 

22 pursuant to a transfer made by, or transfer authority pro23 vided in, this Act or any other appropriation Act.

24 This Act may be cited as the ‘‘Energy and Water De25 velopment Appropriations Act, 2004’’. 
Union Calendar No. 118

108TH CONGRESS 

1ST SESSION H. R. 2754

[Report No. 108–212] 

A BILL

Making appropriations for energy and water development for the fiscal year ending September 30, 

2004, and for other purposes. 

JULY 16, 2003

Committed to the Committee of the Whole House on 

the State of the Union and ordered to be printed