H. R. 2754—20
(b) CRITICAL FLOOD DAMAGE REDUCTION MEASURES.—The Sec-
retary may carry out critical flood damage reduction measures
that the Secretary determines are feasible and that will provide
immediate and substantial flood damage reduction benefits in the
Harris Gully watershed, at a Federal cost of $7,000,000.
(c) CREDIT.—The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of planning, design, and
construction work carried out by the non-Federal interest before
the date of the partnership agreement for the project if the Secretary
determines that such work is integral to the project.
(d) NONPROFIT ENTITY.—Notwithstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d–5b), a nonprofit entity
may, with the consent of the local government, serve as a non-
Federal interest for the project undertaken under this section.
SEC. 158. The Secretary may carry out the Reach J, Segment
1, element of the project for hurricane and storm damage reduction,
Morganza to the Gulf of Mexico, Louisiana, in accordance with
the report of the Chief of Engineers, dated August 23, 2002, and
supplemental report dated July 22, 2003, at a total cost of
$4,000,000.
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $36,463,000, to remain available until
expended, of which $9,423,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,728,000,
to remain available until expended.
BUREAU OF RECLAMATION
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, $857,498,000, to remain available until expended, of
which $51,330,000 shall be available for transfer to the Upper
Colorado River Basin Fund and $33,570,000 shall be available
for transfer to the Lower Colorado River Basin Development Fund;
of which such amounts as may be necessary may be advanced
to the Colorado River Dam Fund; and of which not more than
H. R. 2754—21
$500,000 is for high priority projects which shall be carried out
by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within
the overall appropriation under this heading: Provided further, That
of the total appropriated, the amount for program activities that
can be financed by the Reclamation Fund or the Bureau of Reclama-
tion 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
$1,000,000 is to be used for completion of the Santa Fe wells
project in New Mexico through a cooperative agreement with the
City of Santa Fe: Provided further, That $10,000,000 of the funds
appropriated herein shall be deposited in the San Gabriel Basin
Restoration Fund established by section 110 of division B, title
I of Public Law 106–554, as amended: Provided further, That section
301 of Public Law 102–250, Reclamation States Emergency Drought
Relief Act of 1991, as amended, is amended further by inserting
‘‘2003, and 2004’’ in lieu of ‘‘and 2003’’.
BUREAU OF RECLAMATION LOAN PROGRAM ACCOUNT
For administrative expenses necessary to carry out the program
for direct loans and/or grants, $200,000, to remain available until
expended, of which the amount that can be financed by the Reclama-
tion Fund shall be derived from that fund.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, and habitat
restoration, improvement, and acquisition provisions of the Central
Valley Project Improvement Act, $39,600,000, to be derived from
such sums as may be collected in the Central Valley Project Restora-
tion 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 avail-
able 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, $55,525,000, to be derived from
the Reclamation Fund and be nonreimbursable as provided in 43
U.S.C. 377: Provided, That no part of any other appropriation
H. R. 2754—22
in this Act shall be available for activities or functions budgeted
as policy and administration expenses.
WORKING CAPITAL FUND
(RESCISSION)
From unobligated balances under this heading, $4,525,000 are
rescinded.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed 14 passenger motor vehicles, of which
12 are for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDP–
Alternative Repayment Plan’’ described in the report entitled
‘‘Repayment Report, Kesterson Reservoir Cleanup Program and San
Joaquin Valley Drainage Program, February 1995’’, prepared by
the Department of the Interior, Bureau of Reclamation. Any future
obligations of funds by the United States relating to, or providing
for, drainage service or drainage studies for the San Luis Unit
shall be fully reimbursable by San Luis Unit beneficiaries of such
service or studies pursuant to Federal reclamation law.
SEC. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries
and expenses of personnel to purchase or lease water in the Middle
Rio Grande or the Carlsbad Projects in New Mexico unless said
purchase or lease is in compliance with the purchase requirements
of section 202 of Public Law 106–60.
SEC. 203. Subsection 206(b) of Public Law 101–514 is amended
as follows: In paragraph (1), strike ‘‘, with annual quantities deliv-
ered under these contracts to be determined by the Secretary based
upon the quantity of water actually needed within the Sacramento
County Water Agency service area and San Juan Suburban Water
District after considering reasonable efforts to: (i) promote full
utilization of existing water entitlements within Sacramento
County; (ii) implement water conservation and metering programs
within the areas served by the contract; and (iii) implement pro-
grams to maximize to the extent feasible conjunctive use of surface
water and groundwater’’.
H. R. 2754—23
SEC. 204. The Secretary of the Interior is authorized and
directed to amend the Central Valley Project water supply contracts
of the Sacramento County Water Agency and the San Juan Subur-
ban Water District by deleting a provision requiring a determination
of annual water needs included pursuant to section 206 of Public
Law 101–514.
SEC. 205. LOWER COLORADO RIVER BASIN DEVELOPMENT. (a)
IN GENERAL.—Notwithstanding section 403(f) of the Colorado River
Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower
Colorado River Basin Development Fund shall be paid to the general
fund of the Treasury until each provision of the revised Stipulation
Regarding a Stay and for Ultimate Judgment Upon the Satisfaction
of Conditions, filed in United States District Court on April 24,
2003, in Central Arizona Water Conservation District v. United
States (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95–1720–OHX–
EHC (Consolidated Action)), and any amendment or revision
thereof, is met.
(b) PAYMENT TO GENERAL FUND.—If any of the provisions of
the stipulation referred to in subsection (a) are not met by the
date that is 10 years after the date of enactment of this Act,
payments to the general fund of the Treasury shall resume in
accordance with section 403(f) of the Colorado River Basin Project
Act (43 U.S.C. 1543(f)).
(c) AUTHORIZATION.—Amounts in the Lower Colorado River
Basin Development Fund that but for this section would be returned
to the general fund of the Treasury shall not be expended until
further Act of Congress.
SEC. 206. The second paragraph under the heading ‘‘Adminis-
trative Provisions’’ in Public Law 102–377 (43 U.S.C. 377b) is
amended by inserting ‘‘, not to exceed $5,000,000 for each causal
event giving rise to a claim or claims’’ after ‘‘activities of the
Bureau of Reclamation’’.
SEC. 207. Funds under this title for Drought Emergency Assist-
ance shall be made available primarily for leasing of water for
specified drought related purposes from willing lessors, in compli-
ance with existing State laws and administered under State water
priority allocation. Such leases may be entered into with an option
to purchase: Provided, That such purchase is approved by the
State in which the purchase takes place and the purchase does
not cause economic harm within the State in which the purchase
is made.
SEC. 208. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, acting through the Commissioner of the
Bureau of Reclamation, may not obligate funds appropriated for
the current fiscal year or any prior Energy and Water Development
Appropriations Act, or funds otherwise made available to the
Commissioner of the Bureau of Reclamation, and may not use
discretion, if any, to restrict, reduce or reallocate any water stored
in Heron Reservoir or delivered pursuant to San Juan-Chama
Project contracts, including execution of said contracts facilitated
by the Middle Rio Grande Project, to meet the requirements of
the Endangered Species Act, unless such water is acquired or
otherwise made available from a willing seller or lessor and the
use is in compliance with the laws of the State of New Mexico,
including but not limited to, permitting requirements.
(b) Complying with the reasonable and prudent alternatives
and the incidental take limits defined in the Biological Opinion