IB 
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 Representa-
tives 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:
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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, aquat-
ic 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, mis-
cellaneous investigations, and, when authorized by law, 
surveys and detailed studies and plans and specifications 
of projects prior to construction, $149,000,000, to re-
main 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, Albu-
querque, New Mexico, the Secretary of the Army, acting
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through the Chief of Engineers, shall include an evalua-
tion of flood damage reduction measures that would oth-
erwise 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 au-
thorized 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
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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): Pro-
vided, 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, includ-
ing 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 construc-
tion of the Port Jersey element of the New York and
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New Jersey Harbor or reimbursement to the Local Spon-
sor for the construction of the Port Jersey element until 
commitments for construction of container handling fa-
cilities are obtained from the non-Federal sponsor for a 
second user along the Port Jersey element: Provided fur-
ther, 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, engi-
neering, 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 Engi-
neers, is directed to use funds appropriated for the navi-
gation 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 con-
struction 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 author-
ized and directed to plan, design, and initiate reconstruc-
tion of the Cape Girardeau, Missouri, project, originally 
authorized by the Flood Control Act of 1950, at an esti-
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mated 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 recon-
struction is technically sound and environmentally accept-
able: Provided further, That the planned reconstruction 
shall be based on the most cost-effective engineering solu-
tion 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 Ap-
propriations Act, 2004 (Public Law 108–137), and, of 
the $8,000,000 available for the American River Water-
shed (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
TRIBU-
TARIES, ARKANSAS, ILLINOIS, KENTUCKY, LOUI-
SIANA, MISSISSIPPI, MISSOURI, AND TENNESSEE 
For expenses necessary for the flood damage reduc-
tion program for the Mississippi River alluvial valley 
below Cape Girardeau, Missouri, as authorized by law, 
$325,000,000, to remain available until expended.
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OPERATION AND MAINTENANCE, GENERAL 
For expenses necessary for the operation, mainte-
nance, and care of existing river and harbor, flood and 
storm damage reduction, aquatic ecosystem restoration, 
and related projects; for providing security for infrastruc-
ture owned and operated by, or on behalf of, the United 
States Army Corps of Engineers, including administra-
tive buildings and facilities, laboratories, and the Wash-
ington Aqueduct; for the maintenance of harbor channels 
provided by a State, municipality, or other public agency 
that serve essential navigation needs of general com-
merce, where authorized by law; and for surveys and 
charting of northern and northwestern lakes and con-
necting 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 Conserva-
tion 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 re-
lated to resource protection in the areas at which outdoor
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recreation is available; and of which such sums as become 
available under section 217 of the Water Resources De-
velopment 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 exist-
ing dredged material disposal site for the project for 
navigation, Bodega Bay Harbor, California, and to con-
tinue maintenance dredging of the Federal channel: Pro-
vided further, That the Secretary shall make suitable ma-
terial 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 wet-
lands, $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
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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 Cen-
ter Support Activity, the Institute for Water Resources, 
the United States Army Engineer Research and Develop-
ment Center, and the United States Army Corps of Engi-
neers Finance Center, $167,000,000, to remain available 
until expended: Provided, That no part of any other ap-
propriation provided in title I of this Act shall be avail-
able to fund the activities of the Office of the Chief of 
Engineers or the executive direction and management ac-
tivities 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.
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ADMINISTRATIVE PROVISIONS 
Appropriations in this title shall be available for offi-
cial 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 pas-
senger 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 Re-
sources Development Act of 1992, as amended (P.L. 
102–580); section 211 of the Water Resources Develop-
ment Act of 1996 (P.L. 104–303); and any other specific 
project authority, shall be limited to credits and reim-
bursements per project not to exceed $10,000,000 in
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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 pro-
vide 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 Agree-
ment.
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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 River-
front Park Master Plan performed by the City of Cin-
cinnati, 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, in-
cluding 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 replace-
ment 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 replace-
ment for the Dredge POTTER.
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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 Con-
servation Account for use by the Utah Reclamation Miti-
gation and Conservation Commission. 
In addition, for necessary expenses incurred in car-
rying 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 Reclama-
tion: 
WATER AND RELATED RESOURCES 
(INCLUDING TRANSFER OF FUNDS) 
For management, development, and restoration of 
water and related natural resources and for related ac-
tivities, including the operation, maintenance, and reha-
bilitation of reclamation and other facilities, participation 
in fulfilling related Federal responsibilities to Native 
Americans, and related grants to, and cooperative and
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other agreements with, State and local governments, In-
dian tribes, and others, $860,000,000, to remain avail-
able until expended, of which $53,299,000 shall be avail-
able 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 ad-
vanced 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 fur-
ther, That of the total appropriated, the amount for pro-
gram activities can be financed by the Reclamation Fund 
or the Bureau of Reclamation special fee account estab-
lished by 16 U.S.C. 460l–6a(i) shall be derived from that 
Fund or account: Provided further, That funds contrib-
uted 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
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Program may be expended by the Bureau of Reclamation 
for site remediation on a non-reimbursable basis: Pro-
vided 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 provi-
sions 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 Reclama-
tion is directed to assess and collect the full amount of 
the additional mitigation and restoration payments au-
thorized by section 3407(d) of Public Law 102–575: Pro-
vided 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 al-
ready committed to in-stream purposes by a court-adopt-
ed decree or order.
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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 ex-
pended, $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 de-
termine 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 stand-
ards of the State of California as approved by the Admin-
istrator of the Environmental Protection Agency, to mini-
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mize any detrimental effect of the San Luis drainage wa-
ters. 
(b) The costs of the Kesterson Reservoir Cleanup 
Program and the costs of the San Joaquin Valley Drain-
age Program shall be classified by the Secretary of the 
Interior as reimbursable or nonreimbursable and collected 
until fully repaid pursuant to the ‘‘Cleanup Program-Al-
ternative Repayment Plan’’ and the ‘‘SJVDP-Alternative 
Repayment Plan’’ described in the report entitled ‘‘Re-
payment Report, Kesterson Reservoir Cleanup Program 
and San Joaquin Valley Drainage Program, February 
1995’’, prepared by the Department of the Interior, Bu-
reau 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 other-
wise 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.
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TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY SUPPLY 
For Department of Energy expenses including the 
purchase, construction, and acquisition of plant and cap-
ital equipment, and other expenses necessary for energy 
supply activities in carrying out the purposes of the De-
partment 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 acqui-
sition, 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 avail-
able until expended. 
NON-DEFENSE SITE ACCELERATION COMPLETION 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses necessary for non-de-
fense environmental management site acceleration com-
pletion activities in carrying out the purposes of the De-
partment 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 acqui-
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sition, construction, or expansion, $151,850,000, to re-
main available until expended. 
URANIUM ENRICHMENT DECONTAMINATION AND 
DECOMMISSIONING FUND 
For necessary expenses in carrying out uranium en-
richment 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 indi-
rectly support the accelerated cleanup and closure mis-
sion at environmental management sites, including the 
purchase, construction, and acquisition of plant and cap-
ital 
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 cap-
ital equipment, and other expenses necessary for science
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activities in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or facility or for plant or facility acquisition, con-
struction, or expansion, and purchase of not to exceed 
four passenger motor vehicles for replacement only, in-
cluding one ambulance, $3,599,964,000, to remain avail-
able until expended. 
DEPARTMENTAL ADMINISTRATION 
For salaries and expenses of the Department of En-
ergy necessary for departmental administration in car-
rying out the purposes of the Department of Energy Or-
ganization 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 not-
withstanding 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 ex-
pended: 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
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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 provi-
sions 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 Inspec-
tor General in carrying out the provisions of the Inspec-
tor 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 cap-
ital equipment and other incidental expenses necessary 
for atomic energy defense weapons activities in carrying 
out the purposes of the Department of Energy Organiza-
tion Act (42 U.S.C. 7101 et seq.), including the acquisi-
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tion or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion; and the purchase of not to exceed 19 passenger 
motor vehicles, for replacement only, including not to ex-
ceed 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 cap-
ital equipment and other incidental expenses necessary 
for atomic energy defense, defense nuclear nonprolifera-
tion activities, in carrying out the purposes of the De-
partment 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 acqui-
sition, construction, or expansion, $1,348,647,000, to re-
main 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.), in-
cluding the acquisition (by purchase, condemnation, con-
struction, or otherwise) of real property, plant, and cap-
ital 
equipment, 
facilities, 
and 
facility 
expansion, 
$807,900,000, to remain available until expended.
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OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, 
including official reception and representation expenses 
(not to exceed $12,000), $356,200,000, to remain avail-
able 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 cap-
ital 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 indi-
rectly support the accelerated cleanup and closure mis-
sion at environmental management sites, including the 
purchase, construction, and acquisition of plant and cap-
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ital equipment and other necessary expenses, and the 
purchase of not to exceed three ambulances for replace-
ment only, $957,976,000, to remain available until ex-
pended. 
OTHER DEFENSE ACTIVITIES 
For Department of Energy expenses, including the 
purchase, construction, and acquisition of plant and cap-
ital equipment and other expenses, necessary for atomic 
energy defense, other defense activities, and classified ac-
tivities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty 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 ex-
pended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Adminis-
tration Fund, established pursuant to Public Law 93–
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454, are approved for official reception and representa-
tion 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 mainte-
nance of power transmission facilities and of marketing 
electric power and energy, including transmission wheel-
ing 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 mainte-
nance of power transmission facilities and of marketing 
electric power and energy, for construction and acquisi-
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tion of transmission lines, substations and appurtenant 
facilities, and for administrative expenses, including offi-
cial 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: Pro-
vided, 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 ADMINIS-
TRATION 
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 au-
thorized, 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 Depart-
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ment 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 Ad-
ministration pursuant to the Flood Control Act of 1944 
and the Reclamation Project Act of 1939 to recover pur-
chase 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 Oper-
ating 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 Regu-
latory Commission to carry out the provisions of the De-
partment of Energy Organization Act (42 U.S.C. 7101 et 
seq.), including services as authorized by 5 U.S.C. 3109,
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the hire of passenger motor vehicles, and official recep-
tion and representation expenses (not to exceed $3,000), 
$210,000,000, to remain available until expended: Pro-
vided, 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 fis-
cal 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 appro-
priated from the general fund shall be reduced as reve-
nues 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 pre-
vious fiscal year may be used to make payments for a 
noncompetitive management and operating contract un-
less the Secretary of Energy has published in the Federal 
Register and submitted to the Committees on Appropria-
tions 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
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for the award of the contract, or to not renew the con-
tract, 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 op-
erating contract, if the extension is for purposes of allow-
ing time to award competitively a new contract, to pro-
vide continuity of service between contracts, or to com-
plete 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 competi-
tion for the management and operation of Ames 
Laboratory, Argonne National Laboratory, Lawrence 
Berkeley National Laboratory, Lawrence Livermore 
National Laboratory, and Los Alamos National Lab-
oratory. 
(2) The term ‘‘competitive procedures’’ has the 
meaning provided in section 4 of the Office of Fed-
eral 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.
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(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 signifi-
cant 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 restruc-
turing 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
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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 Au-
thorization 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 ap-
propriate congressional committees. 
SEC. 304. None of the funds appropriated by this 
Act may be used to prepare or initiate Requests For Pro-
posals (RFPs) for a program if the program has not been 
funded by Congress. 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 305. The unexpended balances of prior appro-
priations provided for activities in this Act may be trans-
ferred to appropriation accounts for such activities estab-
lished pursuant to this title. Balances so transferred may 
be merged with funds in the applicable established ac-
counts 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 Adminis-
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tration may be used to enter into any agreement to per-
form 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 Depart-
ment 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 Adminis-
tration Defense Programs Technology Deployment Cen-
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ter/User Facility; and (3) any other Departmental facility 
designated by the Department as a user facility. 
SEC. 308. The Administrator of the National Nu-
clear Security Administration may authorize the manager 
of a covered nuclear weapons research, development, test-
ing or production facility to engage in research, develop-
ment, and demonstration activities with respect to the en-
gineering 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 pur-
poses of this section, the term ‘‘covered nuclear weapons 
facility’’ means the following: 
(1) the Kansas City Plant, Kansas City, Mis-
souri; 
(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.
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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) dur-
ing 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 devel-
opment 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 mate-
rials and equipment or sensitive nuclear technology, in-
cluding 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 nu-
clear-related items on the Commerce Control List main-
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tained 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)), sec-
tion 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 Ex-
port 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 tech-
nologies, surveillance equipment, seals, cameras, tamper- 
indication devices, nuclear detectors, monitoring systems, 
or equipment necessary to safely store, transport, or re-
move hazardous materials, whether such items, services, 
or information are regulated by the Department of En-
ergy, the Department of Commerce, or the Nuclear Regu-
latory Commission, except to the extent that such tech-
nologies, 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 sub-
section (a) to a country if the President determines and
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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 mate-
rials 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 acquir-
ing unsafeguarded nuclear materials; 
(2) in the judgment of the President, the gov-
ernment 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 re-
spond to a serious radiological hazard in the country 
receiving the waiver that may or does threaten pub-
lic 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.