108TH CONGRESS

1ST SESSION H. R. 2754

AN ACT

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

2004, and for other purposes.

108TH CONGRESS

1ST SESSION H. R. 2754

AN ACT

Making appropriations for energy and water development

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

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 That the following sums are appropriated, out of any

2 money in the Treasury not otherwise appropriated, for the

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

4 water development, and for other purposes, namely:

5 TITLE I

6 DEPARTMENT OF DEFENSE—CIVIL

7 DEPARTMENT OF THE ARMY

8 CORPS OF ENGINEERS—CIVIL

9 The following appropriations shall be expended under

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

13 and harbors, flood control, shore protection, aquatic eco14 system restoration, and related purposes.

15 GENERAL INVESTIGATIONS

16 For expenses necessary for the collection and study

17 of basic information pertaining to river and harbor, flood

18 control, shore protection, aquatic ecosystem restoration,

19 and related projects, restudy of authorized projects, mis20 cellaneous investigations, and, when authorized by law,

21 surveys and detailed studies and plans and specifications

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

23 available until expended: Provided, That for the Ohio

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

25 and design undertaken by non-Federal interests shall be
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1 credited toward the non-Federal share of project design

2 costs.

3 CONSTRUCTION, GENERAL

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

5 shore protection, aquatic ecosystem restoration, and re6 lated projects authorized by law; and detailed studies, and

7 plans and specifications, of projects authorized or made

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

9 available until expended, of which such sums as are nec10 essary to cover the Federal share of construction costs for

11 facilities under the Dredged Material Disposal Facilities

12 program shall be derived from the Harbor Maintenance

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

14 cover one-half of the costs of construction and rehabilita15 tion of inland waterways projects (including rehabilitation

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

17 Lock and Dam 24, Mississippi River, Illinois and Mis18 souri; and Lock and Dam 3, Mississippi River, Minnesota,

19 projects) shall be derived from the Inland Waterways

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

21 acting through the Chief of Engineers, is directed to pro22 ceed with the construction of the New York and New Jer23 sey Harbor project, 50-foot deepening element, upon exe24 cution of the Project Cooperation Agreement: Provided

25 further, That no funds made available under this Act or
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1 any other Act for any fiscal year may be used by the Sec2 retary of the Army to carry out the construction of the

3 Port Jersey element of the New York and New Jersey

4 Harbor or reimbursement to the Local Sponsor for the

5 construction of the Port Jersey element until commit6 ments for construction of container handling facilities are

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

8 along the Port Jersey element: Provided further, That

9 funds appropriated in this Act for the preservation and

10 restoration of the Florida Everglades shall be made avail11 able for expenditure unless (1) the Secretary of the Army,

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

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

14 on Appropriations of the House of Representatives and the

15 Senate a report containing a finding and supporting mate16 rials indicating that the waters entering the A.R.M.

17 Loxahatchee National Wildlife Refuge and Everglades Na18 tional Park do not meet the water quality requirements

19 set forth in the Consent Decree entered in United States

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

21 State fails to submit a satisfactory plan to bring the wa22 ters into compliance with the water quality requirements

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

24 transmits to the State and the Committees a follow-up re25 port containing a finding that the State has not submitted
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1 such a plan, and (4) either the Committee on Appropria2 tions of the House of Representatives or the Senate issues

3 a written notice disapproving of further expenditure of the

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

5 shall provide the State of Florida with notice and an op6 portunity to respond to any determination of the Secretary

7 under the preceding proviso before the determination be8 comes final.

9 FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES

10 ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA,

11 MISSISSIPPI, MISSOURI, AND TENNESSEE

12 For expenses necessary for the flood damage reduc13 tion program for the Mississippi River alluvial valley below

14 Cape Girardeau, Missouri, as authorized by law,

15 $301,054,000, to remain available until expended.

16 OPERATION AND MAINTENANCE, GENERAL

17 For expenses necessary for the operation, mainte18 nance, and care of existing river and harbor, flood and

19 storm damage reduction, aquatic ecosystem restoration,

20 and related projects; for providing security for infrastruc21 ture owned and operated by, or on behalf of, the U.S.

22 Army Corps of Engineers, including administrative build23 ings and facilities, laboratories, and the Washington Aque24 duct; for the maintenance of harbor channels provided by

25 a State, municipality, or other public agency that serve
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1 essential navigation needs of general commerce, where au2 thorized by law; and for surveys and charting of northern

3 and northwestern lakes and connecting waters, clearing

4 and straightening channels, and removal of obstructions

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

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

7 Harbor Maintenance Trust Fund, pursuant to Public Law

8 99–662 may be derived from that fund, and of which such

9 sums as become available from the special account for the

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

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

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

13 resource protection, research, interpretation, and mainte14 nance activities related to resource protection in the areas

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

16 sums as become available under section 217 of the Water

17 Resources Development Act of 1996, Public Law 104–

18 303, shall be used to cover the cost of operation and main19 tenance of the dredged material disposal facilities for

20 which fees have been collected.

21 REGULATORY PROGRAM

22 For expenses necessary for administration of laws

23 pertaining to regulation of navigable waters and wetlands,

24 $144,000,000, to remain available until expended.
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1 FORMERLY UTILIZED SITES REMEDIAL ACTION

2 PROGRAM

3 For expenses necessary to clean up contamination

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

7 FLOOD CONTROL AND COASTAL EMERGENCIES

8 For expenses necessary for emergency flood control,

9 response to hurricanes and other natural disasters, and

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

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

14 GENERAL EXPENSES

15 For expenses necessary for general administration

16 and related civil works functions in the headquarters of

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

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

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

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

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

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

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

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

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

3 office of congressional affairs within the executive office

4 of the Chief of Engineers.

5 ADMINISTRATIVE PROVISIONS

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

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

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

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

12 GENERAL PROVISIONS

13 CORPS OF ENGINEERS—CIVIL

14 SEC. 101. Agreements proposed for execution by the

15 Assistant Secretary of the Army for Civil Works or the

16 United States Army Corps of Engineers after the date of

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

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

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

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

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

23 203, and 204 of the Water Resources Development Act

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

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

3 and any other specific project authority, shall be limited

4 to credits and reimbursements per project not to exceed

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

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

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

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

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

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

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

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

16 Stark County, Ohio.

17 NAMING OF LOCK AND DAM 3, ALLEGHENY RIVER,

18 PENNSYLVANIA

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

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

22 Dam’’.

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

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

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

2 ‘Bill’ Young Lock and Dam’’.

3 TITLE II

4 DEPARTMENT OF THE INTERIOR

5 CENTRAL UTAH PROJECT

6 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

7 For carrying out activities authorized by the Central

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

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

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

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

16 BUREAU OF RECLAMATION

17 WATER AND RELATED RESOURCES

18 (INCLUDING TRANSFER OF FUNDS)

19 For management, development, and restoration of

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

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

25 agreements with, State and local governments, Indian

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

2 transfer to the Upper Colorado River Basin Fund and

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

4 Colorado River Basin Development Fund; of which such

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

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

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

10 be increased or decreased within the overall appropriation

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

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

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

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

17 395 are available until expended for the purposes for

18 which contributed: Provided further, That funds advanced

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

20 and are available until expended for the same purposes

21 as the sums appropriated under this heading: Provided

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

24 by the Bureau of Reclamation for site remediation on a

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

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

5 of Public Law 102–250, Reclamation States Emergency

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

8 BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT

9 For administrative expenses necessary to carry out

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

11 remain available until expended, of which the amount that

12 can be financed by the Reclamation Fund shall be derived

13 from that fund.

14 CENTRAL VALLEY PROJECT RESTORATION FUND

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

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

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

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

22 until expended: Provided, That the Bureau of Reclamation

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

24 additional mitigation and restoration payments authorized

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

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

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

4 POLICY AND ADMINISTRATION

5 For necessary expenses of policy, administration, and

6 related functions in the office of the Commissioner, the

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

8 of Reclamation, to remain available until expended,

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

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

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

12 Act shall be available for activities or functions budgeted

13 as policy and administration expenses.

14 WORKING CAPITAL FUND

15 (RESCISSION)

16 From unobligated balances under this heading,

17 $4,525,000 are rescinded.

18 ADMINISTRATIVE PROVISION

19 Appropriations for the Bureau of Reclamation shall

20 be available for purchase of not to exceed 14 passenger

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

22 GENERAL PROVISIONS

23 DEPARTMENT OF THE INTERIOR

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

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

3 shall conform to the water quality standards of the State

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

7 (b) The costs of the Kesterson Reservoir Cleanup

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

10 Interior as reimbursable or nonreimbursable and collected

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

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

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

16 prepared by the Department of the Interior, Bureau of

17 Reclamation. Any future obligations of funds by the

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

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

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

24 to pay the salaries and expenses of personnel to purchase

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

2 in compliance with the purchase requirements of section

3 202 of Public Law 106–60.

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

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

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

8 water actually needed within the Sacramento County

9 Water Agency service area and San Juan Suburban Water

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

12 Sacramento County, (ii) implement water conservation

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

15 extent feasible conjunctive use of surface water and

16 groundwater’’.

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

18 and directed to amend the Central Valley Project water

19 supply contracts of the Sacramento County Water Agency

20 and the San Juan Suburban Water District by deleting

21 a provision requiring a determination of annual water

22 needs included pursuant to section 206 of Public Law

23 101–514.

24 LOWER COLORADO RIVER BASIN DEVELOPMENT

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

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

5 Judgment Upon the Satisfaction of Conditions, filed in

6 United States district court, in Central Arizona Water

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

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

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

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

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

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

15 of the Treasury shall resume in accordance with section

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

17 1543(f)).

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

21 shall not be expended until further Act of Congress.

22 SEC. 206. The second paragraph under the heading

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

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

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

3 TITLE III

4 DEPARTMENT OF ENERGY

5 ENERGY PROGRAMS

6 ENERGY SUPPLY

7 For Department of Energy expenses including the

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

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

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

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

15 to exceed 12 passenger motor vehicles for replacement

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

18 NON-DEFENSE SITE ACCELERATION COMPLETION

19 For Department of Energy expenses, including the

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

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

3 expended.

4 NON-DEFENSE ENVIRONMENTAL SERVICES

5 For Department of Energy expenses necessary for

6 non-defense environmental services activities conducted as

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

9 closure mission at environmental management sites, as

10 well as new work scope transferred to the Environmental

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

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

15 URANIUM ENRICHMENT DECONTAMINATION AND

16 DECOMMISSIONING FUND

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

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

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

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

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

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

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

2 For Department of Energy expenses including the

3 purchase, construction and acquisition of plant and capital

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

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

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

13 NUCLEAR WASTE DISPOSAL

14 For nuclear waste disposal activities to carry out the

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

16 the acquisition of real property or facility construction or

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

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

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

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

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

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

2 specifically the Valley Modified Corridor and the Jean

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

5 a Geologic Repository for the Disposal of Spent Nuclear

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

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

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

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

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

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

18 solely for expenditures, other than salaries and expenses

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

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

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

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

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

2 and affected units of local government shall be solely for

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

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

7 to affected units of local government by direct payment:

8 Provided further, That within 90 days of the completion

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

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

13 Department of Energy that all funds expended from such

14 payments have been expended for activities authorized by

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

16 certification shall cause such entity to be prohibited from

17 receiving any further Federal funding provided for similar

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

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

21 Congress or a State legislature or for lobbying activity as

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

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

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

3 proceeds from the sale of assets shall be available without

4 further appropriation and shall remain available until ex5 pended.

6 DEPARTMENTAL ADMINISTRATION

7 (INCLUDING TRANSFER OF FUNDS)

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

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

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

15 such additional amounts as necessary to cover increases

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

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

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

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

22 for miscellaneous revenues estimated to total

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

24 used for operating expenses within this account, and may

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

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

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

5 related unappropriated receipt account balances remaining

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

7 in a final fiscal year 2004 appropriation from the General

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

9 OFFICE OF THE INSPECTOR GENERAL

10 For necessary expenses of the Office of the Inspector

11 General in carrying out the provisions of the Inspector

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

13 available until expended.

14 ATOMIC ENERGY DEFENSE ACTIVITIES

15 NATIONAL NUCLEAR SECURITY

16 ADMINISTRATION

17 WEAPONS ACTIVITIES

18 For Department of Energy expenses, including the

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

21 atomic energy defense weapons activities in carrying out

22 the purposes of the Department of Energy Organization

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

24 condemnation of any real property or any facility or for

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

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

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

5 until September 30, 2006.

6 DEFENSE NUCLEAR NONPROLIFERATION

7 For Department of Energy expenses, including the

8 purchase, construction and acquisition of plant and capital

9 equipment and other incidental expenses necessary for

10 atomic energy defense, defense nuclear nonproliferation

11 activities, in carrying out the purposes of the Department

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

17 NAVAL REACTORS

18 For Department of Energy expenses necessary for

19 naval reactors activities to carry out the Department of

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

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

25 available until expended.
25

•HR 2754 EH

1 OFFICE OF THE ADMINISTRATOR

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

4 including official reception and representation expenses

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

7 ENVIRONMENTAL AND OTHER DEFENSE

8 ACTIVITIES

9 DEFENSE SITE ACCELERATION COMPLETION

10 For Department of Energy expenses, including the

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

13 energy defense site acceleration completion activities in

14 carrying out the purposes of the Department of Energy

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

16 acquisition or condemnation of any real property or any

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

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

20 DEFENSE ENVIRONMENTAL SERVICES

21 For Department of Energy expenses necessary for

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

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

•HR 2754 EH

1 equipment and other necessary expenses, and the purchase

2 of not to exceed one ambulance for replacement only,

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

4 OTHER DEFENSE ACTIVITIES

5 For Department of Energy expenses, including the

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

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

9 purposes of the Department of Energy Organization Act

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

12 or facility acquisition, construction, or expansion,

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

14 DEFENSE NUCLEAR WASTE DISPOSAL

15 For nuclear waste disposal activities to carry out the

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

17 the acquisition of real property or facility construction or

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

20 CERRO GRANDE FIRE ACTIVITIES

21 (RESCISSION)

22 From unobligated balances under this heading,

23 $75,000,000 are cancelled.
27

•HR 2754 EH

1 POWER MARKETING ADMINISTRATIONS

2 BONNEVILLE POWER ADMINISTRATION FUND

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

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

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

8 OPERATION AND MAINTENANCE, SOUTHEASTERN POWER

9 ADMINISTRATION

10 For necessary expenses of operation and maintenance

11 of power transmission facilities and of marketing electric

12 power and energy, including transmission wheeling and

13 ancillary services, pursuant to the provisions of section 5

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

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

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

21 this account as offsetting collections, to remain available

22 until expended for the sole purpose of making purchase

23 power and wheeling expenditures.
28

•HR 2754 EH

1 OPERATION AND MAINTENANCE, SOUTHWESTERN

2 POWER ADMINISTRATION

3 For necessary expenses of operation and maintenance

4 of power transmission facilities and of marketing electric

5 power and energy, for construction and acquisition of

6 transmission lines, substations and appurtenant facilities,

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

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

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

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

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

17 this account as offsetting collections, to remain available

18 until expended for the sole purpose of making purchase

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

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

24 as advance payment for work that is associated with

25 Southwestern’s transmission facilities, consistent with
29

•HR 2754 EH

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

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

4 CONSTRUCTION, REHABILITATION, OPERATION AND

5 MAINTENANCE, WESTERN AREA POWER ADMINIS6 TRATION

7 For carrying out the functions authorized by title III,

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

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

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

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

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

20 collections, to remain available until expended for the sole

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

•HR 2754 EH

1 FALCON AND AMISTAD OPERATING AND MAINTENANCE

2 FUND

3 For operation, maintenance, and emergency costs for

4 the hydroelectric facilities at the Falcon and Amistad

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

6 and to be derived from the Falcon and Amistad Operating

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

9 Relations Authorization Act, Fiscal Years 1994 and 1995.

10 FEDERAL ENERGY REGULATORY COMMISSION

11 SALARIES AND EXPENSES

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

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

16 the hire of passenger motor vehicles, and official reception

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

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

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

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

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

•HR 2754 EH

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

2 in a final fiscal year 2004 appropriation from the General

3 Fund estimated at not more than $0.

4 GENERAL PROVISIONS

5 DEPARTMENT OF ENERGY

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

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

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

10 appropriations Act for fiscal year 2004 or any previous

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

14 procedures within the past fifty fiscal years or unless the

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

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

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

19 notification of intent to use competitive procedures for the

20 procurement of each management and operating contract

21 when the current term of each such contract expires.

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

23 the competition of a management and operating contract

24 that is funded under this or any other appropriations Act

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

•HR 2754 EH

1 favor of the incumbent contractor or otherwise providing

2 for anything less than full and open competition of such

3 contracts.

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

6 management and operation of a Department of Energy

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

8 17.601 of the Federal Acquisition Regulation.

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

11 meanings provided in section 4 of the Office of Federal

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

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

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

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

16 extend contract performance until a long-term contract is

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

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

20 may be used to—

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

23 of Energy; or

24 (2) provide enhanced severance payments or

25 other benefits for employees of the Department of
33

•HR 2754 EH

1 Energy, under section 3161 of the National Defense

2 Authorization Act for Fiscal Year 1993 (Public Law

3 102–484; 42 U.S.C. 7274h).

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

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

6 for obligation by this Act for severance payments and

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

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

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

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

14 may be used to prepare or initiate Requests For Proposals

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

16 by Congress.

17 (TRANSFERS OF UNEXPENDED BALANCES)

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

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

24 for the same time period as originally enacted.

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

26 for the Administrator of the Bonneville Power Administra-
34

•HR 2754 EH

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

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

8 SEC. 307. When the Department of Energy makes

9 a user facility available to universities and other potential

10 users, or seeks input from universities and other potential

11 users regarding significant characteristics or equipment in

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

13 shall ensure broad public notice of such availability or

14 such need for input to universities and other potential

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

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

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

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

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

•HR 2754 EH

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

2 designated by the Department as a user facility.

3 SEC. 308. The Administrator of the National Nuclear

4 Security Administration may authorize the manager of a

5 covered nuclear weapons research, development, testing or

6 production facility to engage in research, development,

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

9 order to maintain and enhance such capabilities at such

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

12 amounts available to the Department of Energy for such

13 fiscal year for national security programs, not more than

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

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

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

17 means the following:

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

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

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

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

23 and

24 (5) the Nevada Test Site.
36

•HR 2754 EH

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

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

3 Act, for intelligence activities are deemed to be specifically

4 authorized by the Congress for purposes of section 504

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

7 Authorization Act for fiscal year 2004.

8 TITLE IV

9 INDEPENDENT AGENCIES

10 APPALACHIAN REGIONAL COMMISSION

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

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

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

16 the administrative expenses of the Commission, including

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

19 until expended.

20 DEFENSE NUCLEAR FACILITIES SAFETY BOARD

21 SALARIES AND EXPENSES

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

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

•HR 2754 EH

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

2 available until expended.

3 DELTA REGIONAL AUTHORITY

4 SALARIES AND EXPENSES

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

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

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

11 NUCLEAR REGULATORY COMMISSION

12 SALARIES AND EXPENSES

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

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

16 as amended, including official representation expenses

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

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

20 Provided, That of the amount appropriated herein,

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

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

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

•HR 2754 EH

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

3 sum herein appropriated shall be reduced by the amount

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

5 in a final fiscal year 2004 appropriation estimated at not

6 more than $79,956,000.

7 OFFICE OF INSPECTOR GENERAL

8 For necessary expenses of the Office of Inspector

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

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

12 fees, inspection services, and other services and collections

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

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

19 fiscal year 2004 appropriation estimated at not more than

20 $584,000.

21 NUCLEAR WASTE TECHNICAL REVIEW BOARD

22 SALARIES AND EXPENSES

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

•HR 2754 EH

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

3 TITLE V

4 GENERAL PROVISIONS

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

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

7 congressional action on any legislation or appropriation

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

10 1913.

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

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

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

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

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

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

22 9.409 of title 48, Code of Federal Regulations.

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

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

•HR 2754 EH

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

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

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

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

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

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

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

12 Peoples’ Republic of North Korea of—

13 (1) any special nuclear material or byproduct

14 material;

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

17 (3) any components, technologies, substances,

18 technical information, or related goods or services

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

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

22 retransfers of radiation monitoring technologies.
41

•HR 2754 EH

1 This Act may be cited as the ‘‘Energy and Water De2 velopment Appropriations Act, 2004’’.

Passed the House of Representatives July 18, 2003.

Attest:

Clerk.