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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2754 Reported in House (RH)]

                                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the following sums 
are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2004, for energy 
and water development, and for other purposes, namely:

                                TITLE I

                      DEPARTMENT OF DEFENSE--CIVIL

                         DEPARTMENT OF THE ARMY

                       Corps of Engineers--Civil

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

                         General Investigations

    For expenses necessary for the collection and study of basic 
information pertaining to river and harbor, flood control, shore 
protection, aquatic ecosystem restoration, and related projects, 
restudy of authorized projects, miscellaneous investigations, and, when 
authorized by law, surveys and detailed studies and plans and 
specifications of projects prior to construction, $117,788,000, to 
remain available until expended: Provided, That for the Ohio 
Riverfront, Cincinnati, Ohio, project, the cost of planning and design 
undertaken by non-Federal interests shall be credited toward the non-
Federal share of project design costs.

                         Construction, General

    For the prosecution of river and harbor, flood control, shore 
protection, aquatic ecosystem restoration, and related projects 
authorized by law; and detailed studies, and plans and specifications, 
of projects authorized or made eligible for selection by law, 
$1,642,911,000, to remain available until expended, of which such sums 
as are necessary to cover the Federal share of construction costs for 
facilities under the Dredged Material Disposal Facilities program shall 
be derived from the Harbor Maintenance Trust Fund; and of which such 
sums as are necessary to cover one-half of the costs of construction 
and rehabilitation of inland waterways projects (including 
rehabilitation costs for the Lock and Dam 11, Mississippi River, Iowa; 
Lock and Dam 24, Mississippi River, Illinois and Missouri; and Lock and 
Dam 3, Mississippi River, Minnesota, projects) shall be derived from 
the Inland Waterways Trust Fund: Provided, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to proceed 
with the construction of the New York and New Jersey Harbor project, 
50-foot deepening element, upon execution of the Project Cooperation 
Agreement: Provided further, That no funds made available under this 
Act or any other Act for any fiscal year may be used by the Secretary 
of the Army to carry out the construction of the Port Jersey element of 
the New York and New Jersey Harbor or reimbursement to the Local 
Sponsor for the construction of the Port Jersey element until 
commitments for construction of container handling facilities are 
obtained from the non-Federal sponsor for a second user along the Port 
Jersey element: Provided further, That none of the funds appropriated 
in this Act for the preservation and restoration of the Florida 
Everglades shall be made available for expenditure unless the Secretary 
of the Army certifies that the water entering the A.R.M. Loxahatchee 
National Wildlife Refuge and Everglades National Park meets the water 
quality requirements set forth in the Consent Decree entered in United 
States v. South Florida Water Management District. This certification 
may be made by letter, with all necessary supporting documentation, as 
soon as possible, but in no case later than 30 days after this Act 
becomes effective.

            Flood Control, Mississippi River and Tributaries

  Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and 
                               Tennessee

    For expenses necessary for the flood damage reduction program for 
the Mississippi River alluvial valley below Cape Girardeau, Missouri, 
as authorized by law, $301,054,000, to remain available until expended.

                   Operation and Maintenance, General

    For expenses necessary for the operation, maintenance, and care of 
existing river and harbor, flood and storm damage reduction, aquatic 
ecosystem restoration, and related projects; for providing security for 
infrastructure owned and operated by, or on behalf of, the U.S. Army 
Corps of Engineers, including administrative buildings and facilities, 
laboratories, and the Washington Aqueduct; for the maintenance of 
harbor channels provided by a State, municipality, or other public 
agency that serve essential navigation needs of general commerce, where 
authorized by law; and for surveys and charting of northern and 
northwestern lakes and connecting waters, clearing and straightening 
channels, and removal of obstructions to navigation, $1,932,575,000, to 
remain available until expended, of which such sums as become available 
in the Harbor Maintenance Trust Fund, pursuant to Public Law 99-662 may 
be derived from that fund, and of which such sums as become available 
from the special account for the U.S. Army Corps of Engineers 
established by the Land and Water Conservation Act of 1965, as amended 
(16 U.S.C. 460l-6a(i)), may be derived from that account for resource 
protection, research, interpretation, and maintenance activities 
related to resource protection in the areas at which outdoor recreation 
is available; and of which such sums as become available under section 
217 of the Water Resources Development Act of 1996, Public Law 104-303, 
shall be used to cover the cost of operation and maintenance of the 
dredged material disposal facilities for which fees have been 
collected.

                           Regulatory Program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $144,000,000, to remain 
available until expended.

            Formerly Utilized Sites Remedial Action Program

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

                 Flood Control and Coastal Emergencies

    For expenses necessary for emergency flood control, response to 
hurricanes and other natural disasters, and related activities, 
including the activities that the U.S. Army Corps of Engineers 
undertakes to ensure its readiness to respond to such emergencies, 
$40,000,000 to remain available until expended.

                            General Expenses

    For expenses necessary for general administration and related civil 
works functions in the headquarters of the U.S. Army Corps of 
Engineers, the offices of the Division Engineers, the Humphreys 
Engineer Center Support Activity, the Institute for Water Resources, 
the U.S. Army Engineer Research and Development Center, and the U.S. 
Army Corps of Engineers Finance Center, $164,000,000, to remain 
available until expended: Provided, That no part of any other 
appropriation provided in title I of this Act shall be available to 
fund the activities of the Office of the Chief of Engineers or the 
executive direction and management activities of the division offices: 
Provided further, That none of these funds shall be available to 
support an office of congressional affairs within the executive office 
of the Chief of Engineers.

                       Administrative Provisions

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

                           GENERAL PROVISIONS

                       CORPS OF ENGINEERS--CIVIL

    Sec. 101. Agreements proposed for execution by the Assistant 
Secretary of the Army for Civil Works or the United States Army Corps 
of Engineers after the date of the enactment of this Act pursuant to 
section 4 of the Rivers and Harbor Act of 1915, Public Law 64-291; 
section 11 of the River and Harbor Act of 1925, Public Law 68-585; the 
Civil Functions Appropriations Act, 1936, Public Law 75-208; section 
215 of the Flood Control Act of 1968, as amended, Public Law 90-483; 
sections 104, 203, and 204 of the Water Resources Development Act of 
1986, as amended, Public Law 99-662; section 206 of the Water Resources 
Development Act of 1992, as amended, Public Law 102-580; section 211 of 
the Water Resources Development Act of 1996, Public Law 104-303; and 
any other specific project authority, shall be limited to credits and 
reimbursements per project not to exceed $10,000,000 in each fiscal 
year, and total credits and reimbursements for all applicable projects 
not to exceed $50,000,000 in each fiscal year.
    Sec. 102. None of the funds appropriated in this or any other Act 
may be used by the United States Army Corps of Engineers to support 
activities related to the proposed Ridge Landfill in Tuscarawas County, 
Ohio.
    Sec. 103. None of the funds appropriated in this or any other Act 
may be used by the United States Army Corps of Engineers to support 
activities related to the proposed Indian Run Sanitary Landfill in 
Sandy Township, Stark County, Ohio.

        naming of lock and dam 3, allegheny river, pennsylvania

    Sec. 104. (a) Designation.--Lock and dam numbered 3 on the 
Allegheny River, Pennsylvania, shall be known and designated as the 
``C.W. Bill Young Lock and Dam''.
    (b) Legal References.--A reference in any law, regulation, 
document, record, map, or other paper of the United States to the lock 
and dam referred to in subsection (a) shall be deemed to be a reference 
to the ``C.W. `Bill' Young Lock and Dam''.

                                TITLE II

                       DEPARTMENT OF THE INTERIOR

                          central utah project

                central utah project completion account

    For carrying out activities authorized by the Central Utah Project 
Completion Act, $36,463,000, to remain available until expended, of 
which $9,423,000 shall be deposited into the Utah Reclamation 
Mitigation and Conservation Account for use by the Utah Reclamation 
Mitigation and Conservation Commission.
    In addition, for necessary expenses incurred in carrying out 
related responsibilities of the Secretary of the Interior, $1,728,000, 
to remain available until expended.

                         BUREAU OF RECLAMATION

                      water and related resources

                     (including transfer of funds)

    For management, development, and restoration of water and related 
natural resources and for related activities, including the operation, 
maintenance, and rehabilitation of reclamation and other facilities, 
participation in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and other agreements 
with, State and local governments, Indian tribes, and others, 
$817,913,000, to remain available until expended, of which $57,330,000 
shall be available for transfer to the Upper Colorado River Basin Fund 
and $33,570,000 shall be available for transfer to the Lower Colorado 
River Basin Development Fund; of which such amounts as may be necessary 
may be advanced to the Colorado River Dam Fund; and of which not more 
than $500,000 is for high priority projects which shall be carried out 
by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706: 
Provided, That such transfers may be increased or decreased within the 
overall appropriation under this heading: Provided further, That of the 
total appropriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Reclamation special 
fee account established by 16 U.S.C. 460l-6a(i) shall be derived from 
that Fund or account: Provided further, That funds contributed under 43 
U.S.C. 395 are available until expended for the purposes for which 
contributed: Provided further, That funds advanced under 43 U.S.C. 397a 
shall be credited to this account and are available until expended for 
the same purposes as the sums appropriated under this heading: Provided 
further, That funds available for expenditure for the Departmental 
Irrigation Drainage Program may be expended by the Bureau of 
Reclamation for site remediation on a non-reimbursable basis: Provided 
further, That $10,000,000 of the funds appropriated herein shall be 
deposited in the San Gabriel Basin Restoration Fund established by 
section 110 of division B, title I of Public Law 106-554, as amended: 
Provided further, That section 301 of Public Law 102-250, Reclamation 
States Emergency Drought Relief Act of 1991, as amended, is amended 
further by inserting ``2003, and 2004'' in lieu of ``and 2003''.

               bureau of reclamation loan program account

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

                Central Valley Project Restoration Fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition provisions of the Central 
Valley Project Improvement Act, $39,600,000, to be derived from such 
sums as may be collected in the Central Valley Project Restoration Fund 
pursuant to sections 3407(d), 3404(c)(3), 3405(f), and 3406(c)(1) of 
Public Law 102-575, to remain available until expended: Provided, That 
the Bureau of Reclamation is directed to assess and collect the full 
amount of the additional mitigation and restoration payments authorized 
by section 3407(d) of Public Law 102-575: Provided further, That none 
of the funds made available under this heading may be used for the 
acquisition or leasing of water for in-stream purposes if the water is 
already committed to in-stream purposes by a court adopted decree or 
order.

                       POLICY AND ADMINISTRATION

    For necessary expenses of policy, administration, and related 
functions in the office of the Commissioner, the Denver office, and 
offices in the five regions of the Bureau of Reclamation, to remain 
available until expended, $56,525,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses.

                          Working Capital Fund

                              (rescission)

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

                        administrative provision

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

                           GENERAL PROVISIONS

                       DEPARTMENT OF THE INTERIOR

    Sec. 201. (a) None of the funds appropriated or otherwise made 
available by this Act may be used to determine the final point of 
discharge for the interceptor drain for the San Luis Unit until 
development by the Secretary of the Interior and the State of 
California of a plan, which shall conform to the water quality 
standards of the State of California as approved by the Administrator 
of the Environmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters.
    (b) The costs of the Kesterson Reservoir Cleanup Program and the 
costs of the San Joaquin Valley Drainage Program shall be classified by 
the Secretary of the Interior as reimbursable or nonreimbursable and 
collected until fully repaid pursuant to the ``Cleanup Program-
Alternative Repayment Plan'' and the ``SJVDP-Alternative Repayment 
Plan'' described in the report entitled ``Repayment Report, Kesterson 
Reservoir Cleanup Program and San Joaquin Valley Drainage Program, 
February 1995'', prepared by the Department of the Interior, Bureau of 
Reclamation. Any future obligations of funds by the United States 
relating to, or providing for, drainage service or drainage studies for 
the San Luis Unit shall be fully reimbursable by San Luis Unit 
beneficiaries of such service or studies pursuant to Federal 
reclamation law.
    Sec. 202. None of the funds appropriated or otherwise made 
available by this or any other Act may be used to pay the salaries and 
expenses of personnel to purchase or lease water in the Middle Rio 
Grande or the Carlsbad Projects in New Mexico unless said purchase or 
lease is in compliance with the purchase requirements of section 202 of 
Public Law 106-60.
    Sec. 203. Subsection 206(b) of Public Law 101-514 is amended as 
follows: In paragraph (1), strike ``, with annual quantities delivered 
under these contracts to be determined by the Secretary based upon the 
quantity of water actually needed within the Sacramento County Water 
Agency service area and San Juan Suburban Water District after 
considering reasonable efforts to: (i) promote full utilization of 
existing water entitlements within Sacramento County, (ii) implement 
water conservation and metering programs within the areas served by the 
contract, and (iii) implement programs to maximize to the extent 
feasible conjunctive use of surface water and groundwater''.
    Sec. 204. The Secretary of the Interior is authorized and directed 
to amend the Central Valley Project water supply contracts of the 
Sacramento County Water Agency and the San Juan Suburban Water District 
by deleting a provision requiring a determination of annual water needs 
included pursuant to section 206 of Public Law 101-514.

                 lower colorado river basin development

    Sec. 205. (a) In General.--Notwithstanding section 403(f) of the 
Colorado River Basin Project Act (43 U.S.C. 1543(f)), no amount from 
the Lower Colorado River Basin Development Fund shall be paid to the 
general fund of the Treasury until each provision of the revised 
Stipulation Regarding a Stay and for Ultimate Judgment Upon the 
Satisfaction of Conditions, filed in United States district court, in 
Central Arizona Water Conservation District v. United States (No. CIV 
95-625-TUC-WDB (EHC), No. CIV 95-1720-OHX-EHC (Consolidated Action)), 
and any amendment or revision thereof, is met.
    (b) Payment to General Fund.--If any of the provisions of the 
stipulation referred to in subsection (a) are not met by the date that 
is ten years after the date of enactment of this Act, payments to the 
general fund of the Treasury shall resume in accordance with section 
403(f) of the Colorado River Basin Project Act (43 U.S.C. 1543(f)).
    (c) Authorization.--Amounts in the Lower Colorado River Basin 
Development Fund that but for this section would be returned to the 
general fund of the Treasury shall not be expended until further Act of 
Congress.
    Sec. 206. The second paragraph under the heading ``Administrative 
Provisions'' in Public Law 102-377 (43 U.S.C. 377b) is amended by 
inserting ``, not to exceed $5,000,000 for each causal event giving 
rise to a claim or claims'' after ``activities of the Bureau of 
Reclamation''.

                               TITLE III

                          DEPARTMENT OF ENERGY

                            ENERGY PROGRAMS

                             Energy Supply

    For Department of Energy expenses including the purchase, 
construction, and acquisition of plant and capital equipment, and other 
expenses necessary for energy supply activities in carrying out the 
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 
et seq.), including the acquisition or condemnation of any real 
property or any facility or for plant or facility acquisition, 
construction, or expansion, and the purchase of not to exceed 12 
passenger motor vehicles for replacement only, including two buses; 
$691,534,000, to remain available until expended.

                Non-Defense Site Acceleration Completion

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for non-defense environmental management site 
acceleration activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$170,875,000, to remain available until expended.

                   Non-Defense Environmental Services

    For Department of Energy expenses necessary for non-defense 
environmental services activities conducted as a result of nuclear 
energy research and development activities that indirectly support the 
accelerated cleanup and closure mission at environmental management 
sites, as well as new work scope transferred to the Environmental 
Management program, including the purchase, construction, and 
acquisition of plant and capital equipment and other necessary 
expenses, $320,468,000, to remain available until expended.

      Uranium Enrichment Decontamination and Decommissioning Fund

    For necessary expenses in carrying out uranium enrichment facility 
decontamination and decommissioning, remedial actions, and other 
activities of title II of the Atomic Energy Act of 1954 and title X, 
subtitle A, of the Energy Policy Act of 1992, $392,002,000, to be 
derived from the Fund, to remain available until expended, of which 
$51,000,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                                Science

    For Department of Energy expenses including the purchase, 
construction and acquisition of plant and capital equipment, and other 
expenses necessary for science activities in carrying out the purposes 
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 15 passenger motor vehicles 
for replacement only, including not to exceed one ambulance, 
$3,480,180,000, to remain available until expended.

                         Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $335,000,000, to remain 
available until expended and to be derived from the Nuclear Waste Fund: 
Provided, That of the funds made available in this Act, $70,000,000 
shall be used to initiate development of a rail line in the State of 
Nevada, connecting the existing national rail network with the 
repository site on the Nevada Test Site: Provided further, That none of 
the funds provided in this or any other appropriations Act may be used 
for the planning, design, or development of the rail corridors that 
pass near the Las Vegas Metropolitan Area, specifically the Valley 
Modified Corridor and the Jean Corridor, and variations thereof, as 
these corridors are delineated in the Final Environmental Impact 
Statement for a Geologic Repository for the Disposal of Spent Nuclear 
Fuel and High-Level Radioactive Waste at Yucca Mountain, Nye County, 
Nevada, dated February 2002: Provided further, That $65,000,000 of the 
$70,000,000 made available in this Act for Nevada rail transportation 
shall be available only if the Secretary designates rail as the 
preferred mode of transportation within Nevada and selects a Nevada 
rail corridor within 60 days of enactment of this Act and commences the 
necessary environmental and engineering analysis to develop and issue a 
Record of Decision for a specific rail alignment within the selected 
rail corridor by June 30, 2005: Provided further, That not to exceed 
$2,500,000 shall be provided to the State of Nevada solely for 
expenditures, other than salaries and expenses of State employees, to 
conduct scientific oversight responsibilities and participate in 
licensing activities pursuant to the Nuclear Waste Policy Act of 1982 
(Public Law 97-425), as amended: Provided further, That not to exceed 
$6,500,000 shall be provided to affected units of local governments, as 
defined in Public Law 97-425, to conduct appropriate activities 
pursuant to the Act: Provided further, That the distribution of funds 
to the State of Nevada and affected units of local government shall be 
solely for activities approved in advance by the Department of Energy: 
Provided further, That the funds for the State of Nevada shall be made 
available solely to the Nevada Division of Emergency Management by 
direct payment and to affected units of local government by direct 
payment: Provided further, That within 90 days of the completion of 
each Federal fiscal year, the Nevada Division of Emergency Management, 
the Governor of the State of Nevada, and each affected unit of local 
government receiving payments under this section shall provide 
certification to the Department of Energy that all funds expended from 
such payments have been expended for activities authorized by Public 
Law 97-425 and this Act. Failure to provide such certification shall 
cause such entity to be prohibited from receiving any further Federal 
funding provided for similar activities: Provided further, That none of 
the funds herein appropriated may be: (1) used directly or indirectly 
to influence legislative action on any matter pending before Congress 
or a State legislature or for lobbying activity as provided in 18 
U.S.C. 1913; (2) used for litigation expenses; or (3) used to support 
multi-State efforts or other coalition building activities: Provided 
further, That all proceeds and recoveries realized by the Secretary in 
carrying out activities authorized by the Nuclear Waste Policy Act of 
1982, as amended, including but not limited to, any proceeds from the 
sale of assets shall be available without further appropriation and 
shall remain available until expended.

                      Departmental Administration

                     (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary for 
departmental administration in carrying out the purposes of the 
Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the hire of passenger motor vehicles and official reception 
and representation expenses (not to exceed $35,000), $224,329,000, to 
remain available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost of work 
for others notwithstanding the provisions of the Anti-Deficiency Act 
(31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work 
are offset by revenue increases of the same or greater amount, to 
remain available until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to total 
$123,000,000 in fiscal year 2004 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 2004, and any related unappropriated 
receipt account balances remaining from prior years' miscellaneous 
revenues, so as to result in a final fiscal year 2004 appropriation 
from the General Fund estimated at not more than $101,329,000.

                    Office of the Inspector General

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

                    ATOMIC ENERGY DEFENSE ACTIVITIES

                NATIONAL NUCLEAR SECURITY ADMINISTRATION

                           Weapons Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense weapons 
activities in carrying out the purposes of the Department of Energy 
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or 
condemnation of any real property or any facility or for plant or 
facility acquisition, construction, or expansion; one fixed wing 
aircraft for replacement only; and the purchase of not to exceed six 
passenger motor vehicles, of which four shall be for replacement only, 
including not to exceed two buses; $6,117,609,000, to remain available 
until September 30, 2006.

                    Defense Nuclear Nonproliferation

    For Department of Energy expenses, including the purchase, 
construction and acquisition of plant and capital equipment and other 
incidental expenses necessary for atomic energy defense, defense 
nuclear nonproliferation activities, in carrying out the purposes of 
the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), 
including the acquisition or condemnation of any real property or any 
facility or for plant or facility acquisition, construction, or 
expansion, $1,280,195,000, to remain available until September 30, 
2006.

                             Naval Reactors

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

                      Office of the Administrator

    For necessary expenses of the Office of the Administrator in the 
National Nuclear Security Administration, including official reception 
and representation expenses (not to exceed $12,000), $341,980,000, to 
remain available until September 30, 2006.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                  Defense Site Acceleration Completion

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense site acceleration 
completion activities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion; 
$5,758,278,000, to remain available until expended.

                     Defense Environmental Services

    For Department of Energy expenses necessary for defense-related 
environmental services activities that indirectly support the 
accelerated cleanup and closure mission at environmental management 
sites, including the purchase, construction, and acquisition of plant 
and capital equipment and other necessary expenses, and the purchase of 
not to exceed one ambulance for replacement only, $990,179,000, to 
remain available until expended.

                        Other Defense Activities

    For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense, other defense activities, 
in carrying out the purposes of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation 
of any real property or any facility or for plant or facility 
acquisition, construction, or expansion, $666,516,000, to remain 
available until expended.

                     Defense Nuclear Waste Disposal

    For nuclear waste disposal activities to carry out the purposes of 
Public Law 97-425, as amended, including the acquisition of real 
property or facility construction or expansion, $430,000,000, to remain 
available until expended.

                      CERRO GRANDE FIRE ACTIVITIES

                              (rescission)

    From unobligated balances under this heading, $75,000,000 are 
cancelled.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

    Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$1,500. During fiscal year 2004, no new direct loan obligations may be 
made.

      Operation and Maintenance, Southeastern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, 
including transmission wheeling and ancillary services, pursuant to the 
provisions of section 5 of the Flood Control Act of 1944 (16 U.S.C. 
825s), as applied to the southeastern power area, $5,100,000, to remain 
available until expended; in addition, notwithstanding the provisions 
of 31 U.S.C. 3302, up to $19,000,000 collected by the Southeastern 
Power Administration pursuant to the Flood Control Act to recover 
purchase power and wheeling expenses shall be credited to this account 
as offsetting collections, to remain available until expended for the 
sole purpose of making purchase power and wheeling expenditures.

      Operation and Maintenance, Southwestern Power Administration

    For necessary expenses of operation and maintenance of power 
transmission facilities and of marketing electric power and energy, for 
construction and acquisition of transmission lines, substations and 
appurtenant facilities, and for administrative expenses, including 
official reception and representation expenses in an amount not to 
exceed $1,500 in carrying out the provisions of section 5 of the Flood 
Control Act of 1944 (16 U.S.C. 825s), as applied to the southwestern 
power area, $28,600,000, to remain available until expended: Provided, 
That, notwithstanding the provisions of 31 U.S.C. 3302, up to 
$1,512,000 collected by the Southwestern Power Administration pursuant 
to the Flood Control Act to recover purchase power and wheeling 
expenses shall be credited to this account as offsetting collections, 
to remain available until expended for the sole purpose of making 
purchase power and wheeling expenditures; in addition, notwithstanding 
31 U.S.C. 3302, beginning in fiscal year 2004 and thereafter, such 
funds as are received by the Southwestern Power Administration from any 
State, municipality, corporation, association, firm, district, or 
individual as advance payment for work that is associated with 
Southwestern's transmission facilities, consistent with that authorized 
in section 5 of the Flood Control Act, shall be credited to this 
account and be available until expended.

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

    For carrying out the functions authorized by title III, section 
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other 
related activities including conservation and renewable resources 
programs as authorized, including official reception and representation 
expenses in an amount not to exceed $1,500, $171,000,000, to remain 
available until expended, of which $167,236,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That up to 
$166,000,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation Project 
Act of 1939 to recover purchase power and wheeling expenses shall be 
credited to this account as offsetting collections, to remain available 
until expended for the sole purpose of making purchase power and 
wheeling expenditures.

           Falcon and Amistad Operating and Maintenance Fund

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

                  Federal Energy Regulatory Commission

                         salaries and expenses

    For necessary expenses of the Federal Energy Regulatory Commission 
to carry out the provisions of the Department of Energy Organization 
Act (42 U.S.C. 7101 et seq.), including services as authorized by 5 
U.S.C. 3109, the hire of passenger motor vehicles, and official 
reception and representation expenses (not to exceed $3,000), 
$192,000,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $192,000,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2004 shall be retained and used for 
necessary expenses in this account, and shall remain available until 
expended: Provided further, That the sum herein appropriated from the 
General Fund shall be reduced as revenues are received during fiscal 
year 2004 so as to result in a final fiscal year 2004 appropriation 
from the General Fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

    Sec. 301. (a) Notwithstanding any other provision of law, including 
section 303(c)(1) of title III of the Federal Property and 
Administrative Services Act of 1949 (41 U.S.C. 253(c)(3)), none of the 
funds in this or any other appropriations Act for fiscal year 2004 or 
any previous fiscal year may be used to make payments for any 
management and operating contract of the Department of Energy unless 
that contract was awarded using competitive procedures within the past 
fifty fiscal years or unless the Secretary of Energy, not later than 
sixty days after the date of enactment of this Act, publishes in the 
Federal Register and submits to the Committees on Appropriations of the 
House of Representatives and the Senate a notification of intent to use 
competitive procedures for the procurement of each management and 
operating contract when the current term of each such contract expires.
    (b) The Secretary may not impose any conditions on the competition 
of a management and operating contract that is funded under this or any 
other appropriations Act that may have the effect of biasing the 
competition in favor of the incumbent contractor or otherwise providing 
for anything less than full and open competition of such contracts.
    (c) For purposes of this section, the term ``management and 
operating contract'' means a contract for the management and operation 
of a Department of Energy laboratory, facility, site, or plant as used 
in subpart 17.601 of the Federal Acquisition Regulation.
    (d) For purposes of this section, the terms ``competitive 
procedures'' and ``full and open competition'' have the meanings 
provided in section 4 of the Office of Federal Procurement Policy Act 
(41 U.S.C. 403).
    (e) The provisions of subsection (a) in this section apply to 
contracts awarded for a term of one year or more, not to interim 
extensions of less than one year used to extend contract performance 
until a long-term contract is placed or to provide continuity of 
service between contracts.
    Sec. 302. None of the funds appropriated by this Act may be used 
to--
            (1) develop or implement a workforce restructuring plan 
        that covers employees of the Department of Energy; or
            (2) provide enhanced severance payments or other benefits 
        for employees of the Department of Energy, under section 3161 
        of the National Defense Authorization Act for Fiscal Year 1993 
        (Public Law 102-484; 42 U.S.C. 7274h).
    Sec. 303. None of the funds appropriated by this Act may be used to 
augment the $15,000,000 made available for obligation by this Act for 
severance payments and other benefits and community assistance grants 
under section 3161 of the National Defense Authorization Act for Fiscal 
Year 1993 (Public Law 102-484; 42 U.S.C. 7274h) unless the Department 
of Energy submits a reprogramming request subject to approval by the 
appropriate congressional committees.
    Sec. 304. None of the funds appropriated by this Act may be used to 
prepare or initiate Requests For Proposals (RFPs) for a program if the 
program has not been funded by Congress.

                   (transfers of unexpended balances)

    Sec. 305. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation accounts 
for such activities established pursuant to this title. Balances so 
transferred may be merged with funds in the applicable established 
accounts and thereafter may be accounted for as one fund for the same 
time period as originally enacted.
    Sec. 306. None of the funds in this or any other Act for the 
Administrator of the Bonneville Power Administration may be used to 
enter into any agreement to perform energy efficiency services outside 
the legally defined Bonneville service territory, with the exception of 
services provided internationally, including services provided on a 
reimbursable basis, unless the Administrator certifies in advance that 
such services are not available from private sector businesses.
    Sec. 307. When the Department of Energy makes a user facility 
available to universities and other potential users, or seeks input 
from universities and other potential users regarding significant 
characteristics or equipment in a user facility or a proposed user 
facility, the Department shall ensure broad public notice of such 
availability or such need for input to universities and other potential 
users. When the Department of Energy considers the participation of a 
university or other potential user as a formal partner in the 
establishment or operation of a user facility, the Department shall 
employ full and open competition in selecting such a partner. For 
purposes of this section, the term ``user facility'' includes, but is 
not limited to: (1) a user facility as described in section 2203(a)(2) 
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a 
National Nuclear Security Administration Defense Programs Technology 
Deployment Center/User Facility; and (3) any other Departmental 
facility designated by the Department as a user facility.
    Sec. 308. The Administrator of the National Nuclear Security 
Administration may authorize the manager of a covered nuclear weapons 
research, development, testing or production facility to engage in 
research, development, and demonstration activities with respect to the 
engineering and manufacturing capabilities at such facility in order to 
maintain and enhance such capabilities at such facility: Provided, That 
of the amount allocated to a covered nuclear weapons facility each 
fiscal year from amounts available to the Department of Energy for such 
fiscal year for national security programs, not more than an amount 
equal to 2 percent of such amount may be used for these activities: 
Provided further, That for purposes of this section, the term ``covered 
nuclear weapons facility'' means the following:
            (1) the Kansas City Plant, Kansas City, Missouri;
            (2) the Y-12 Plant, Oak Ridge, Tennessee;
            (3) the Pantex Plant, Amarillo, Texas;
            (4) the Savannah River Plant, South Carolina; and
            (5) the Nevada Test Site.
    Sec. 309. Funds appropriated by this or any other Act, or made 
available by the transfer of funds in this Act, for intelligence 
activities are deemed to be specifically authorized by the Congress for 
purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 
414) during fiscal year 2004 until the enactment of the Intelligence 
Authorization Act for fiscal year 2004.
    Sec. 310. Notwithstanding the provisions of any other law, using 
funds appropriated in this title, the Secretary of Energy shall proceed 
with planning and analyses for external regulation of the Department's 
laboratories under the Office of Science as directed in the report 
accompanying this bill.

                                TITLE IV

                          INDEPENDENT AGENCIES

                    Appalachian Regional Commission

    For expenses necessary to carry out the programs authorized by the 
Appalachian Regional Development Act of 1965, as amended, for necessary 
expenses for the Federal Co-Chairman and the alternate on the 
Appalachian Regional Commission, for payment of the Federal share of 
the administrative expenses of the Commission, including services as 
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles, 
$33,145,000, to remain available until expended.

                Defense Nuclear Facilities Safety Board

                         salaries and expenses

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

                        Delta Regional Authority

                         salaries and expenses

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

                     Nuclear Regulatory Commission

                         salaries and expenses

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

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the Inspector General Act of 1978, as amended, $7,300,000, 
to remain available until September 30, 2005: Provided, That revenues 
from licensing fees, inspection services, and other services and 
collections estimated at $6,716,000 in fiscal year 2004 shall be 
retained and be available until expended, for necessary salaries and 
expenses in this account notwithstanding 31 U.S.C. 3302: Provided 
further, That the sum herein appropriated shall be reduced by the 
amount of revenues received during fiscal year 2004 so as to result in 
a final fiscal year 2004 appropriation estimated at not more than 
$584,000.

                  Nuclear Waste Technical Review Board

                         salaries and expenses

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

                                TITLE V

                           GENERAL PROVISIONS

    Sec. 501. None of the funds appropriated by this Act may be used in 
any way, directly or indirectly, to influence congressional action on 
any legislation or appropriation matters pending before Congress, other 
than to communicate to Members of Congress as described in 18 U.S.C. 
1913.
    Sec. 502. (a) Purchase of American-Made Equipment and Products.--It 
is the sense of the Congress that, to the greatest extent practicable, 
all equipment and products purchased with funds made available in this 
Act should be American-made.
    (b) Notice Requirement.--In providing financial assistance to, or 
entering into any contract with, any entity using funds made available 
in this Act, the head of each Federal agency, to the greatest extent 
practicable, shall provide to such entity a notice describing the 
statement made in subsection (a) by the Congress.
    (c) Prohibition of Contracts With Persons Falsely Labeling Products 
as Made in America.--If it has been finally determined by a court or 
Federal agency that any person intentionally affixed a label bearing a 
``Made in America'' inscription, or any inscription with the same 
meaning, to any product sold in or shipped to the United States that is 
not made in the United States, the person shall be ineligible to 
receive any contract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineligibility 
procedures described in sections 9.400 through 9.409 of title 48, Code 
of Federal Regulations.
    Sec. 503. None of the funds made available in this Act may be 
transferred to any department, agency, or instrumentality of the United 
States Government, except pursuant to a transfer made by, or transfer 
authority provided in, this Act or any other appropriation Act.
    This Act may be cited as the ``Energy and Water Development 
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
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