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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4614 Reported in House (RH)]

                                                 Union Calendar No. 322
108th CONGRESS
  2d Session
                                H. R. 4614

                          [Report No. 108-554]

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2005, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             June 18, 2004

    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, 2005, 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, 2005, 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 rivers and harbors, flood control, shore 
protection, storm damage reduction, 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, $149,000,000, to remain available until 
expended: Provided, That for the Ohio Riverfront, Cincinnati, Ohio, 
project, the cost of planning and design undertaken by non-Federal 
interests shall be credited toward the non-Federal share of project 
design costs: Provided further, That in conducting the Southwest Valley 
Flood Damage Reduction Study, Albuquerque, New Mexico, the Secretary of 
the Army, acting through the Chief of Engineers, shall include an 
evaluation of flood damage reduction measures that would otherwise be 
excluded from the feasibility analysis based on policies regarding the 
frequency of flooding, the drainage areas, and the amount of runoff.

                         Construction, General

        For expenses necessary for the prosecution of river and harbor, 
flood control, shore protection, storm damage reduction, and related 
projects authorized by law; and for conducting detailed studies, and 
plans and specifications, of such projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such detailed studies, and plans and 
specifications, shall not constitute a commitment of the Government to 
construction); $1,876,680,000, to remain available until expended, of 
which such sums as are necessary to cover the Federal share of 
construction costs for facilities under the Dredged Material Disposal 
Facilities program shall be derived from the Harbor Maintenance Trust 
Fund as authorized by Public Law 104-303; and of which such sums as are 
necessary pursuant to Public Law 99-662 shall be derived from the 
Inland Waterways Trust Fund for one-half of the costs of construction 
and rehabilitation of inland waterways projects (including the 
rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa; Lock 
and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi 
River, Illinois and Missouri; and Lock and Dam 3, Mississippi River, 
Minnesota): Provided, That using $10,000,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the Chief of 
Engineers, is directed to continue construction of the Dallas Floodway 
Extension, Texas, project, including the Cadillac Heights feature, 
generally in accordance with the Chief of Engineers report dated 
December 7, 1999: Provided further, That the Secretary of the Army is 
directed to accept advance funds, pursuant to section 11 of the River 
and Harbor Act of 1925, from the non-Federal sponsor of the Los Angeles 
Harbor, California, project authorized by section 101(b)(5) of Public 
Law 106-541: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to 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 the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use $6,000,000 of the funds 
appropriated herein to proceed with planning, engineering, design or 
construction of the Grundy, Buchanan County, and Dickenson County, 
Virginia, elements of the Levisa and Tug Forks of the Big Sandy River 
and Upper Cumberland River Project: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to use funds appropriated for the navigation project, Tampa 
Harbor, Florida, to carry out, as part of the project, construction of 
passing lanes in an area approximately 3.5 miles long, centered on 
Tampa Bay Cut B, if the Secretary determines that such construction is 
technically sound, environmentally acceptable, and cost effective: 
Provided further, That using $500,000 of the funds appropriated herein, 
the Secretary of the Army, acting through the Chief of Engineers, is 
authorized and directed to plan, design, and initiate reconstruction of 
the Cape Girardeau, Missouri, project, originally authorized by the 
Flood Control Act of 1950, at an estimated total cost of $9,000,000, 
with cost sharing on the same basis as cost sharing for the project as 
originally authorized, if the Secretary determines that the 
reconstruction is technically sound and environmentally acceptable: 
Provided further, That the planned reconstruction shall be based on the 
most cost-effective engineering solution and shall require no further 
economic justification: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to proceed 
without further delay with work on the permanent bridge to replace 
Folsom Bridge Dam Road, Folsom, California, as authorized by the Energy 
and Water Development Appropriations Act, 2004 (Public Law 108-137), 
and, of the $8,000,000 available for the American River Watershed 
(Folsom Dam Mini-Raise), California, project, up to $5,000,000 of those 
funds be directed for the permanent bridge, with all remaining devoted 
to the Mini-Raise.

 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, $325,000,000, 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 United 
States Army Corps of Engineers, including administrative buildings and 
facilities, laboratories, and the Washington Aqueduct; for the 
maintenance of harbor channels provided by a State, municipality, or 
other public agency that serve essential navigation needs of general 
commerce, where authorized by law; and for surveys and charting of 
northern and northwestern lakes and connecting waters, clearing and 
straightening channels, and removal of obstructions to navigation; 
$1,982,000,000, 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; of which such sums as 
become available from the special account for the United States Army 
Corps of Engineers established by the Land and Water Conservation Act 
of 1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from that 
account for resource protection, research, interpretation, and 
maintenance activities related to resource protection in the areas at 
which outdoor recreation is available; and of which such sums as become 
available under section 217 of the Water Resources Development Act of 
1996, Public Law 104-303, shall be used to cover the cost of operation 
and maintenance of the dredged material disposal facilities for which 
fees have been collected: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use funds 
appropriated herein to rehabilitate the existing dredged material 
disposal site for the project for navigation, Bodega Bay Harbor, 
California, and to continue maintenance dredging of the Federal 
channel: Provided further, That the Secretary shall make suitable 
material excavated from the site as part of the rehabilitation effort 
available to the non-Federal sponsor, at no cost to the Federal 
Government, for use by the non-Federal sponsor in the development of 
public facilities.

                           Regulatory Program

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

            Formerly Utilized Sites Remedial Action Program

        For expenses necessary to clean up contamination at sites in 
the United States resulting from work performed as part of the Nation's 
early atomic energy program, $190,000,000, to remain available until 
expended.

                            General Expenses

        For expenses necessary for general administration and related 
civil works functions in the headquarters of the United States Army 
Corps of Engineers, the offices of the Division Engineers, the 
Humphreys Engineer Center Support Activity, the Institute for Water 
Resources, the United States Army Engineer Research and Development 
Center, and the United States Army Corps of Engineers Finance Center, 
$167,000,000, 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.

        Office of Assistant Secretary of the Army (Civil Works)

    For expenses necessary for the Office of Assistant Secretary of the 
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $2,600,000.

                       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 (P.L. 64-291); section 
11 of the River and Harbor Act of 1925 (P.L. 68-585); the Civil 
Functions Appropriations Act, 1936 (P.L. 75-208); section 215 of the 
Flood Control, Act of 1968, as amended (P.L. 90-483); sections 104, 
203, and 204 of the Water Resources Development Act of 1986, as amended 
(P.L. 99-662); section 206 of the Water Resources Development Act of 
1992, as amended (P.L. 102-580); section 211 of the Water Resources 
Development Act of 1996 (P.L. 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 shall be used to demonstrate or implement any plans divesting or 
transferring any Civil Works missions, functions, or responsibilities 
of the United States Army Corps of Engineers to other government 
agencies without specific direction in a subsequent Act of Congress.
        Sec. 104. None of the funds appropriated in this or any other 
Act may be used by the United States Army Corps of Engineers to support 
activities related to the proposed Indian Run Sanitary Landfill in 
Sandy Township, Stark County, Ohio.
        Sec. 105. Alamogordo, New Mexico. The project for flood 
protection at Alamogordo, New Mexico, authorized by the Flood Control 
Act of 1962 (P.L. 87-874), is modified to authorize and direct the 
Secretary to construct a flood detention basin to protect the north 
side of the City of Alamogordo, New Mexico, from flooding. The flood 
detention basin shall be constructed to provide protection from a 100-
year flood event. The project cost share for the flood detention basin 
shall be consistent with section 103(a) of the Water Resources 
Development Act of 1986, notwithstanding section 202(a) of the Water 
Resources Development Act of 1996.
        Sec. 106. Section 214(a) of Public Law 106-541 is amended by 
striking ``2003'' and inserting ``2007''.
        Sec. 107. Flood Damage Reduction, Mill Creek, Cincinnati, Ohio. 
The Secretary of the Army is directed to complete the General 
Reevaluation Report on the Mill Creek, Ohio, project not later than 
March 1, 2005, at 100 percent Federal cost. The report shall provide 
plans for flood damage reduction throughout the basin equivalent to and 
commensurate with that afforded by the authorized, partially 
implemented, Mill Creek, Ohio, Flood Damage Reduction Project, as 
authorized in section 201 of the Flood Control Act of 1970 (P.L. 91-
611).
        Sec. 108. The Secretary shall provide credit to the non-Federal 
sponsor for preconstruction engineering and design work performed by 
the non-Federal sponsor for the environmental dredging project at 
Ashtabula River, Ohio, prior to execution of a Project Cooperation 
Agreement.
        Sec. 109. The Secretary of the Army, acting through the Chief 
of Engineers, is directed to design the Central Riverfront Park project 
on the Ohio Riverfront in Cincinnati, Ohio, as described in the Central 
Riverfront Park Master Plan performed by the City of Cincinnati, dated 
December 1999, and the Section 905(b) analysis, performed by the 
Louisville District of the Corps of Engineers, dated August 2002. The 
cost of project work undertaken by the non-Federal interests, including 
but not limited to prior and current planning and design, shall be 
credited toward the non-Federal share of design costs.
    Sec. 110. Amounts in the revolving fund may not be used for the 
Dredge MCFARLAND overhaul, the replacement of the side-casting 
propulsion system of the Dredge MERRITT, the pontoon pipeline 
replacement of the Dredge JADWIN, the bow discharge replacement and 
repowering for the Dredge ESSAYONS, the repowering of the Dredge 
YAQUINA, or the floating pipeline replacement for the Dredge POTTER.

                                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, $48,009,000 to remain available until expended, of 
which $15,469,000 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, $1,734,000, 
to remain available until expended.

                         Bureau of Reclamation

    The following appropriations shall be expended to execute 
authorized functions of the Bureau of Reclamation:

                      Water and Related Resources

                     (including transfer of funds)

        For management, development, and restoration of water and 
related natural resources and for related activities, including the 
operation, maintenance, and rehabilitation of reclamation and other 
facilities, participation in fulfilling related Federal 
responsibilities to Native Americans, and related grants to, and 
cooperative and other agreements with, State and local governments, 
Indian tribes, and others, $860,000,000, to remain available until 
expended, of which $53,299,000 shall be available for transfer to the 
Upper Colorado River Basin Fund and $33,794,000 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 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 section 301 of Public Law 
102-250, the Reclamation States Emergency Drought Relief Act of 1991, 
as amended, is amended further by inserting ``2004, and 2005'' in lieu 
of ``and 2004''.

                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, $54,695,000, 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, $58,153,000, 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.

                        Administrative Provision

        Appropriations for the Bureau of Reclamation shall be available 
for purchase of not to exceed 14 passenger motor vehicles, of which 11 
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.

                               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 9 
passenger motor vehicles for replacement only, and one ambulance, 
$817,126,000, 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 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, $151,850,000, 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, as 
amended, and title X, subtitle A, of the Energy Policy Act of 1992, 
$500,200,000, to be derived from the Fund, to remain available until 
expended, of which $100,614,000 shall be available in accordance with 
title X, subtitle A, of the Energy Policy Act of 1992.

                   Non-Defense Environmental Services

        For Department of Energy expenses necessary for non-defense 
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, $291,296,000, to 
remain available until expended.

                                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 four passenger motor vehicles 
for replacement only, including one ambulance, $3,599,964,000, to 
remain available until expended.

                      Departmental Administration

        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), $243,876,000, 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 
$122,000,000 in fiscal year 2005 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 2005, and any related unappropriated 
receipt account balances remaining from prior years' miscellaneous 
revenues, so as to result in a final fiscal year 2005 appropriation 
from the general fund estimated at not more than $121,876,000.

                    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, $41,508,000, 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; and the purchase of 
not to exceed 19 passenger motor vehicles, for replacement only, 
including not to exceed two buses; $6,514,424,000 to remain available 
until expended.

                    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, $1,348,647,000, to remain available until expended.

                             Naval Reactors

        For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), including the acquisition (by purchase, 
condemnation, construction, or otherwise) of real property, plant, and 
capital equipment, facilities, and facility expansion, $807,900,000, 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), 
$356,200,000, to remain available until expended.

               ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES

                  Defense Site Acceleration Completion

        For Department of Energy expenses, including the purchase, 
construction, and acquisition of plant and capital equipment and other 
expenses necessary for atomic energy defense site acceleration 
completion activities in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), including the 
acquisition or condemnation of any real property or any facility or for 
plant or facility acquisition, construction, or expansion, 
$5,930,837,000, 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 three ambulances for replacement only, $957,976,000, 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, and classified 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, $697,059,000, 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, $131,000,000, to remain 
available until expended.

                    POWER MARKETING ADMINISTRATIONS

                  Bonneville Power Administration Fund

        Expenditures from the Bonneville Power Administration Fund, 
established pursuant to Public Law 93-454, are approved for official 
reception and representation expenses in an amount not to exceed 
$1,500. During fiscal year 2005, 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, $5,200,000, to remain 
available until expended: Provided, That, notwithstanding the 
provisions of 31 U.S.C. 3302, up to $34,000,000 collected by the 
Southeastern Power Administration pursuant to the Flood Control Act of 
1944 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, $29,352,000, to remain available until expended: Provided, 
That, notwithstanding the provisions of 31 U.S.C. 3302, up to 
$1,800,000 collected by the Southwestern Power Administration pursuant 
to the Flood Control Act of 1944 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.

 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, $173,100,000, to remain 
available until expended, of which $170,756,000 shall be derived from 
the Department of the Interior Reclamation Fund: Provided, That, 
notwithstanding the provisions of 31 U.S.C. 3302, up to $186,000,000 
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, $2,827,000, 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), 
$210,000,000, to remain available until expended: Provided, That, 
notwithstanding any other provision of law, not to exceed $210,000,000 
of revenues from fees and annual charges, and other services and 
collections in fiscal year 2005 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 2005 so as to result in a final fiscal year 2005 appropriation 
from the general fund estimated at not more than $0.

                           GENERAL PROVISIONS

                          DEPARTMENT OF ENERGY

        Sec. 301. (a)(1) None of the funds in this or any other 
appropriations Act for fiscal year 2005 or any previous fiscal year may 
be used to make payments for a noncompetitive management and operating 
contract unless the Secretary of Energy has published in the Federal 
Register and submitted to the Committees on Appropriations of the House 
of Representatives and the Senate a written notification, with respect 
to each such contract, of the Secretary's decision to use competitive 
procedures for the award of the contract, or to not renew the contract, 
when the term of the contract expires.
        (2) Paragraph (1) does not apply to an extension for up to two 
years of a noncompetitive management and operating contract, if the 
extension is for purposes of allowing time to award competitively a new 
contract, to provide continuity of service between contracts, or to 
complete a contract that will not be renewed.
        (b) In this section:
            (1) The term ``noncompetitive management and operating 
        contract'' means a contract that was awarded more than 50 years 
        ago without competition for the management and operation of 
        Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley 
        National Laboratory, Lawrence Livermore National Laboratory, 
        and Los Alamos National Laboratory.
            (2) The term ``competitive procedures'' has the meaning 
        provided in section 4 of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 403) and includes procedures described in 
        section 303 of the Federal Property and Administrative Services 
        Act of 1949 (41 U.S.C. 253) other than a procedure that 
        solicits a proposal from only one source.
    (c) For all management and operating contracts other than those 
listed in subsection (b)(1), none of the funds appropriated by this Act 
may be used to award a management and operating contract, or award a 
significant extension or expansion to an existing management and 
operating contract, unless such contract is awarded using competitive 
procedures or the Secretary of Energy grants, on a case-by-case basis, 
a waiver to allow for such a deviation. The Secretary may not delegate 
the authority to grant such a waiver. At least 60 days before a 
contract award for which the Secretary intends to grant such a waiver, 
the Secretary shall submit to the Committees on Appropriations of the 
House of Representatives and the Senate a report notifying the 
Committees of the waiver and setting forth, in specificity, the 
substantive reasons why the Secretary believes the requirement for 
competition should be waived for this particular award.
        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 
        (P.L. 102-484; 42 U.S.C. 7274h).
        Sec. 303. None of the funds appropriated by this Act may be 
used to augment the funds made available for obligation by this Act or 
any other appropriations Act for fiscal year 2005 or any previous 
fiscal year for severance payments and other benefits and community 
assistance grants under section 3161 of the National Defense 
Authorization Act for Fiscal Year 1993 (P.L. 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 or other potential users, or seeks input from 
universities or 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 2005 until the enactment of the Intelligence 
Authorization Act for fiscal year 2005.
    Sec. 310. None of the funds made available in this or any other 
appropriations Act for fiscal year 2005 or any previous fiscal year may 
be used to select a site for a Modern Pit Facility during fiscal year 
2005.
    Sec. 311. None of the funds made available in this Act for fiscal 
year 2005 or any previous fiscal year may be used to finance laboratory 
directed research and development activities at Department of Energy 
laboratories on behalf of other Federal agencies.
    Sec. 312. (a) None of the funds made available by this Act may be 
used to issue any license, approval, or authorization for the export or 
reexport, or transfer, or retransfer, whether directly or indirectly, 
of nuclear materials and equipment or sensitive nuclear technology, 
including items and assistance authorized by section 57 b. of the 
Atomic Energy Act of 1954 and regulated under part 810 of title 10, 
Code of Federal Regulations, and nuclear-related items on the Commerce 
Control List maintained under part 774 of title 15 of the Code of 
Federal Regulations, to any country whose government has been 
identified by the Secretary of State as engaged in state sponsorship of 
terrorist activities (specifically including any country the government 
of which has been determined by the Secretary of State under section 
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)), 
section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C. 
App. 2405(j)(1)), or section 40(d) of the Arms Export Control Act (22 
U.S.C. 2780(d)) to have repeatedly provided support for acts of 
international terrorism).
    (b) This section shall not apply to exports, reexports, transfers, 
or retransfers of radiation monitoring technologies, surveillance 
equipment, seals, cameras, tamper-indication devices, nuclear 
detectors, monitoring systems, or equipment necessary to safely store, 
transport, or remove hazardous materials, whether such items, services, 
or information are regulated by the Department of Energy, the 
Department of Commerce, or the Nuclear Regulatory Commission, except to 
the extent that such technologies, equipment, seals, cameras, devices, 
detectors, or systems are available for use in the design or 
construction of nuclear reactors or nuclear weapons.
    (c) The President may waive the application of subsection (a) to a 
country if the President determines and certifies to Congress that the 
waiver will not result in any increased risk that the country receiving 
the waiver will acquire nuclear weapons, nuclear reactors, or any 
materials or components of nuclear weapons and--
            (1) the government of such country has not within the 
        preceding 12-month period willfully aided or abetted the 
        international proliferation of nuclear explosive devices to 
        individuals or groups or willfully aided and abetted an 
        individual or groups in acquiring unsafeguarded nuclear 
        materials;
            (2) in the judgment of the President, the government of 
        such country has provided adequate, verifiable assurances that 
        it will cease its support for acts of international terrorism;
            (3) the waiver of that subsection is in the vital national 
        security interest of the United States; or
            (4) such a waiver is essential to prevent or respond to a 
        serious radiological hazard in the country receiving the waiver 
        that may or does threaten public health and safety.
    (d) This section shall apply with respect to exports that have been 
approved for transfer as of the date of the enactment of this Act but 
have not yet been transferred as of that date.

                                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, 
$38,500,000, 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, $20,268,000, 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, $2,096,000, 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, $662,777,000, to remain available until expended: Provided, 
That of the amount appropriated herein, $69,050,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $534,354,300 in fiscal year 2005 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 2005 so 
as to result in a final fiscal year 2005 appropriation estimated at not 
more than $128,422,700: Provided further, that none of the funds made 
available in this Act or any other appropriations Act for fiscal year 
2005, or for any previous fiscal year, may be used by the Commission to 
issue a license during fiscal year 2005 to construct or operate a new 
commercial nuclear power plant in the United States.

                      Office of Inspector General

        For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $7,518,000, to remain available until expended: Provided, That 
revenues from licensing fees, inspection services, and other services 
and collections estimated at $6,766,200 in fiscal year 2005 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 2005 so as to result in 
a final fiscal year 2005 appropriation estimated at not more than 
$751,800.

                  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, 2005''.

                                                 Union Calendar No. 322

108th CONGRESS

  2d Session

                               H. R. 4614

                          [Report No. 108-554]

_______________________________________________________________________

                                 A BILL

 Making appropriations for energy and water development for the fiscal 
        year ending September 30, 2005, and for other purposes.

_______________________________________________________________________

                             June 18, 2004

Committed to the Committee of the Whole House on the State of the Union 
                       and ordered to be printed
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