H. R. 2754—24
released by the United States Fish and Wildlife Service dated
March 17, 2003 combined with efforts carried out pursuant to
Public Law 106–377, Public Law 107–66, and Public Law 108–
7 fully meet all requirements of the Endangered Species Act (16
U.S.C. 1531 et seq.) for the conservation of the Rio Grande Silvery
Minnow (Hybognathus amarus) and the Southwestern Willow
Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande
in New Mexico.
(c) This section applies only to those Federal agency and non-
Federal actions addressed in the March 17, 2003 Biological Opinion.
(d) Subsection (b) will remain in effect for 2 years following
the implementation of this Act.
SEC. 209. ENDANGERED SPECIES COLLABORATIVE PROGRAM. (a)
Using funds previously appropriated, the Secretary of the Interior,
acting through the Commissioner of the Bureau of Reclamation
and the Director of the Fish and Wildlife Service, for purposes
of improving the efficiency and expediting the efforts of the Endan-
gered Species Act Collaborative Program Workgroup, is directed
to establish an executive committee of seven members consisting
of—
(1) one member from the Bureau of Reclamation;
(2) one member from the Fish and Wildlife Service; and
(3) one member at large representing each of the following
seven entities (selected at the discretion of the entity in con-
sultation with the Bureau of Reclamation and the Fish and
Wildlife Service) currently participating as signatories to the
existing Memorandum of Understanding:
(A) other Federal agencies;
(B) State agencies;
(C) municipalities;
(D) universities and environmental groups;
(E) agricultural communities;
(F) Middle Rio Grande Pueblos (Sandia, Isleta, San
Felipe, Cochiti, Santa Ana, and Santo Domingo); and
(G) Middle Rio Grande Conservancy District.
(b) Formation of this Committee shall not occur later than
45 days after enactment of this Act.
(c) Fiscal year 2004 appropriations shall not be obligated or
expended prior to approval of a detailed spending plan by the
House and Senate Committees on Appropriations.
(d) The above section shall come into effect within 180 days
of enactment of this Act, unless the Bureau of Reclamation, in
consultation with the above listed parties, has provided an alter-
native workgroup structure which has been approved by the House
and Senate Committees on Appropriations.
SEC. 210. TULAROSA BASIN NATIONAL DESALINATION RESEARCH
FACILITY. (a) DESALINATION DEMONSTRATION AND DEVELOPMENT.—
Pursuant to section 4(a) of Public Law 104–298; 110 Stat. 3622
(October 11, 1996), the Secretary may hereafter conduct or contract
for the design, construction, testing and operation of the Tularosa
Basin National Desalination Research Facility.
(b) The Tularosa Basin National Desalination Research Facility
is hereafter exempt from all provisions of section 7 of Public Law
104–298; 110 Stat. 3622 (October 11, 1996). The Federal share
of the cost of the Tularosa Basin National Desalination Research
Facility may be up to 100 percent, including the cost of design,
construction, operation, maintenance, repair and rehabilitation.
H. R. 2754—25
SEC. 211. The Secretary of the Interior, in carrying out
CALFED-related activities, may undertake feasibility studies for
Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper
San Joaquin Storage projects, hereafter. These storage studies
should be pursued along with ongoing environmental and other
projects in a balanced manner.
SEC. 212. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to enter
into grants, cooperative agreements, and other agreements with
irrigation or water districts to fund up to 50 percent of the cost
of planning, designing, and constructing improvements that will
conserve water, increase water use efficiency, or enhance water
management through measurement or automation, at existing
water supply projects within the states identified in the Act of
June 17, 1902, as amended, and supplemented: Provided, That
when such improvements are to federally owned facilities, such
funds may be provided in advance on a non-reimbursable basis
to an entity operating affected transferred works or may be deemed
non-reimbursable for non-transferred works: Provided further, That
the calculation of the non-Federal contribution shall provide for
consideration of the value of any in-kind contributions, but shall
not include funds received from other Federal agencies: Provided
further, That the cost of operating and maintaining such improve-
ments shall be the responsibility of the non-Federal entity: Provided
further, That this section shall not supercede any existing project-
specific funding authority. The Secretary is also authorized to enter
into grants or cooperative agreements with universities or non-
profit research institutions to fund water use efficiency research.
SEC. 213. HAWAII WATER RESOURCES STUDY. The Hawaii Water
Resources Act of 2000 (Public Law 106–566; 114 Stat. 2818) is
amended—
(1) in section 103—
(A) in subsection (b)(1), by striking ‘‘Not’’ and all that
follows through ‘‘the Secretary’’ and inserting ‘‘The Sec-
retary’’ and
(B) in subsection (e), by striking ‘‘$300,000’’ and all
that follows and inserting ‘‘$2,000,000 for the Federal share
of the activities authorized under this section’’; and
(2) in section 104(b), by striking ‘‘cost-effective,’’ and all
that follows and inserting ‘‘cost-effective.’’.
SEC. 214. Notwithstanding the provisions of title IV of Public
Law 102–575 (106 Stat. 4648), the contributions of the Western
Area Power Administration to the Utah Reclamation Mitigation
and Conservation Account shall expire 10 fiscal years from the
date of enactment of this Act. Such contributions shall be from
an account established by the Western Area Power Administration
for this purpose and such contributions shall be made available
to the Utah Reclamation Mitigation and Conservation Account sub-
ject to appropriations. After 10 fiscal years from the date of enact-
ment of this Act, the Utah Reclamation Mitigation and Conservation
Commission is hereby authorized to utilize interest earned and
accrued to the Utah Reclamation Mitigation and Conservation
Account.
SEC. 215. TUALATIN RIVER BASIN, OREGON. (a) AUTHORIZATION
TO CONDUCT FEASIBILITY STUDY.—The Secretary of the Interior
may conduct a Tualatin River Basin water supply feasibility study—
H. R. 2754—26
(1) to identify ways to meet future water supply needs
for agricultural, municipal, and industrial uses;
(2) to identify water conservation and water storage meas-
ures;
(3) to identify measures that would—
(A) improve water quality; and
(B) enable environmental and species protection; and
(4) as appropriate, to evaluate integrated water resource
management and supply needs in the Tualatin River Basin,
Oregon.
(b) FEDERAL SHARE.—The Federal share of the cost of the
study conducted under subsection (a)—
(1) shall not exceed 50 percent; and
(2) shall be nonreimbursable and nonreturnable.
(c) ACTIVITIES.—No activity carried out under this section shall
be considered a supplemental or additional benefit under Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter
1093), and Acts supplemental to and amendatory of that Act (43
U.S.C. 371 et seq.)).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,900,000, to remain
available until expended.
SEC. 216. FACILITATION OF INDIAN WATER RIGHTS IN ARIZONA.
In order to facilitate Indian water rights settlements in the State
of Arizona, the Secretary may:
(1) Extend, on an annual basis, the repayment schedule
of debt incurred under section 9(d) of the Act of August 4,
1939 (43 U.S.C 485h(d)) by irrigation districts who have con-
tracts for water delivery from the Central Arizona Project.
(2) If requested by either the Gila River Indian Community
or the San Carlos Apache Tribe, utilize appropriated funds
transferred into the Lower Colorado River Basin Development
Fund for construction of Indian Distribution systems to assist
in the partial funding of costs associated with the on-reservation
delivery of CAP water to these Indian tribes as set forth in
the Bureau of Reclamation’s FY 2004 Budget Justifications,
PF–2B Schedules for construction of the Central Arizona
Project. These funds shall be non-reimbursable Operation and
Maintenance funds and shall not exceed amounts projected
for construction by these Indian tribes as set forth in the
Bureau of Reclamation’s PF–2B Schedules that support the
FY 2004 Budget Justifications for the Central Arizona Project.
SEC. 217. RESTORATION OF FISH AND WILDLIFE HABITAT, PROVI-
SION OF BOTTLED WATER FOR FALLON SCHOOLCHILDREN, AND ASSO-
CIATED PROVISIONS. (a) IN GENERAL.—In carrying out section 2507
of Public Law 107–171, title II, subtitle F, the Secretary of Interior,
acting through the Commissioner of Reclamation, shall—
(1) Notwithstanding section 2507 (b) of Public Law 107–
171, title II, subtitle F, and in accordance with Public Law
101–618, provide $2,500,000 to the State of Nevada to purchase
water rights from willing sellers and make necessary improve-
ments to benefit Carson Lake and Pasture: Provided, That
such funds shall only be provided by the Bureau of Reclamation
when the title to Carson Lake and Pasture is conveyed to
the State of Nevada.
(2) As soon as practicable after enactment, provide $133,000
to Families in Search of the Truth, Fallon, Nevada, for the
H. R. 2754—27
purchase of bottled water and costs associated with providing
such water to schoolchildren in Fallon-area schools.
(3) In consultation with the Pershing County Water Con-
servation District, the Commissioner shall expend $270,000
for the State of Nevada’s costs associated with the National
Environmental Policy Act review of the Humboldt Title
Transfer: Provided, That notwithstanding Public Law 107–282,
section 804(d)–(f), the State of Nevada shall pay any other
costs assigned to the State as an entity receiving title in Public
Law 107–282, section 804(b)–(e) or due to any reconveyance
under Public Law 107–282, section 804(f), including any such
National Environmental Policy Act costs that exceed the
$270,000 expended by the Commissioner under this subpara-
graph.
(4) Provide $1,000,000 to the University of Nevada, Reno’s
Biodiversity initiative for public education and associated tech-
nical assistance and outreach concerning the issues affecting
the restoration of Walker Lake.
(b) ADMINISTRATION.—The Secretary of the Interior, acting
through the Commissioner of Reclamation, may provide financial
assistance to State and local public agencies, Indian tribes, nonprofit
organizations, and individuals to carry out this section and section
2507 of Public Law 107–171.
SEC. 218. The Secretary of the Interior shall extend the term
of the Sacramento River Settlement Contracts, long- and short-
form, entered into by the United States with various districts and
individuals, section 14 of the Reclamation Project Act of 1939 (53
Stat. 1197), for a period of 2 additional years after the date on
which each of the contracts, respectively, would expire but for
this section, or until renewal contracts are executed, whichever
occurs earlier.
SEC. 219. (a) Section 1(b) of Public Law 105–295 (112 Stat.
2820) is amended by striking the second sentence and inserting
the following: ‘‘The Federal share of the costs of constructing the
temperature control device and associated temperature monitoring
facilities shall be 50 percent and shall be nonreimbursable. The
temperature control device and associated temperature monitoring
facilities shall be operated by the non-Federal facility owner at
its expense in coordination with the Central Valley Project for
the benefit and propagation of Chinook salmon and steelhead trout
in the American River, California.’’.
(b) Section 1(c) of Public Law 105–295 (112 Stat. 2820) is
amended by striking ‘‘$1,000,000’’ and inserting ‘‘$3,500,000’’.
SEC. 220. Not subject to fiscal year limitation, the Secretary
of the Interior is hereafter authorized to implement, and enter
into financial assistance or other agreements as may be necessary
to undertake such activities identified for implementation (including
construction) generally in accordance with section III of, and the
Pumping/Dam Removal Plan as defined in, United States District
Court Consent Decree ‘‘United States, et al., v. Grants Pass Irriga-
tion District, Civil No. 98–3034–HO’’ (August 27, 2001). There are
authorized to be appropriated such sums as may be necessary
to carry out this provision, and activities conducted under this
provision shall be nonreimbursable and nonreturnable.
SEC. 221. EXTENSION OF CERTAIN IRRIGATION PROJECT CON-
TRACTS. Section 2 of the Irrigation Project Contract Extension Act
of 1998 (112 Stat. 2816, 114 Stat. 1441, 1441A–70) is amended—
H. R. 2754—28
(1) in subsection (a), by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2005’’; and
(2) in subsection (b)—
(A) in the first sentence, by striking ‘‘beyond December
31, 2003’’ and inserting ‘‘beyond December 31, 2005’’; and
(B) in the second sentence, by striking ‘‘prior to
December 31, 2003’’ and inserting ‘‘before December 31,
2005’’.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy supply activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed 12
passenger motor vehicles for replacement only, including two buses;
$737,537,000, 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 manage-
ment site acceleration activities in carrying out the purposes of
the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property
or any facility or for plant or facility acquisition, construction,
or expansion, $163,375,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL SERVICES
For Department of Energy expenses necessary for non-defense
environmental services activities conducted as a result of nuclear
energy research and development activities that indirectly support
the accelerated cleanup and closure mission at environmental
management sites, as well as new work scope transferred to the
Environmental Management program, including the purchase,
construction, and acquisition of plant and capital equipment and
other necessary expenses, $339,468,000, to remain available until
expended.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND
For necessary expenses in carrying out uranium enrichment
facility decontamination and decommissioning, remedial actions,
and other activities of title II of the Atomic Energy Act of 1954
and title X, subtitle A, of the Energy Policy Act of 1992,
$416,484,000, to be derived from the Fund, to remain available
H. R. 2754—29
until expended, of which $51,000,000 shall be available in accord-
ance with title X, subtitle A, of the Energy Policy Act of 1992.
SCIENCE
For Department of Energy expenses including the purchase,
construction and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed 15 passenger
motor vehicles for replacement only, including not to exceed one
ambulance, $3,451,700,000, to remain available until expended.
NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $190,000,000,
to remain available until expended and to be derived from the
Nuclear Waste Fund: Provided, That none of the funds provided
herein may be used for international travel.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses of the Department of Energy nec-
essary 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),
$216,533,000, to remain available until expended, plus such addi-
tional amounts as necessary to cover increases in the estimated
amount of cost of work for others notwithstanding the provisions
of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue increases
of the same or greater amount, to remain available until expended:
Provided further, That moneys received by the Department for
miscellaneous revenues estimated to total $123,000,000 in fiscal
year 2004 may be retained and used for operating expenses within
this account, and may remain available until expended, as author-
ized 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 reve-
nues received during fiscal year 2004, and any related unappropri-
ated receipt account balances remaining from prior years’ miscella-
neous revenues, so as to result in a final fiscal year 2004 appropria-
tion from the general fund estimated at not more than $93,533,000.
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, as amended, $39,462,000, to remain available until expended.
H. R. 2754—30
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion; one
fixed wing aircraft for replacement only; and the purchase of not
to exceed six passenger motor vehicles, of which four shall be
for replacement only, including not to exceed two buses;
$6,272,511,000, to remain available until expended: Provided, That
$87,000,000 is authorized to be appropriated for Project 01–D–
108, Microsystems and engineering sciences applications (MESA),
Sandia National Laboratories, Albuquerque, New Mexico: Provided
further, That $3,564,000 is authorized to be appropriated for Project
04–D–103, Project engineering and design (PED), various locations:
Provided further, That a plant or construction project for which
amounts are made available under this heading in this fiscal year
with a current estimated cost of less than $10,000,000 is considered
for purposes of section 3622 of Public Law 107–314 as a plant
project for which the approved total estimated cost does not exceed
the minor construction threshold and for purposes of section 3623
of Public Law 107–314 as a construction project with a current
estimated cost of less than the minor construction threshold.
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 pur-
poses 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, $1,327,612,000, to remain available until
expended.
NAVAL REACTORS
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion, and the
purchase of not to exceed one bus; $766,400,000, to remain available
until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Administrator in
the National Nuclear Security Administration, including official
H. R. 2754—31
reception and representation expenses (not to exceed $12,000),
$339,980,000, 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;
$5,651,062,000, to remain available until expended: Provided, That
the Secretary of Energy is directed to use $1,000,000 of the funds
provided for regulatory and technical assistance to the State of
New Mexico, to amend the existing WIPP Hazardous Waste Permit
to comply with the provisions of section 310 of this Act.
DEFENSE ENVIRONMENTAL SERVICES
For Department of Energy expenses necessary for defense-
related environmental services activities that indirectly support
the accelerated cleanup and closure mission at environmental
management sites, including the purchase, construction, and
acquisition of plant and capital equipment and other necessary
expenses, and the purchase of not to exceed one ambulance for
replacement only, $991,144,000, to remain available until expended.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense, other defense
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $674,491,000, 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, $390,000,000,
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 2004, no new direct loan obligations
may be made.
H. R. 2754—32
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
including transmission wheeling and ancillary services, pursuant
to the provisions of section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the southeastern power area,
$5,100,000, to remain available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, up to $19,000,000 col-
lected by the Southeastern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling expenses
shall be credited to this account as offsetting collections, to remain
available until expended for the sole purpose of making purchase
power and wheeling expenditures.
OPERATION AND MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For necessary expenses of operation and maintenance of power
transmission facilities and of marketing electric power and energy,
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out the provisions of
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as
applied to the southwestern power area, $28,600,000, to remain
available until expended: Provided, That, notwithstanding the provi-
sions of 31 U.S.C. 3302, up to $1,512,000 collected by the South-
western Power Administration pursuant to the Flood Control Act
to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and
wheeling expenditures; in addition, notwithstanding 31 U.S.C. 3302,
beginning in fiscal year 2004 and thereafter, such funds as are
received by the Southwestern Power Administration from any State,
municipality, corporation, association, firm, district, or individual
as advance payment for work that is associated with Southwestern’s
transmission facilities, consistent with that authorized in section
5 of the Flood Control Act, shall be credited to this account and
be available until expended.
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, including official reception and
representation expenses in an amount not to exceed $1,500,
$177,950,000, to remain available until expended, of which
$167,236,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $6,200,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992: Provided
further, That notwithstanding the provision of 31 U.S.C. 3302,
H. R. 2754—33
up to $162,108,000 collected by the Western Area Power Adminis-
tration pursuant to the Flood Control Act of 1944 and the Reclama-
tion 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: Provided further, That
the $750,000 that is made available under this heading for a trans-
mission study on the placement of 500 megawatt wind energy
in North Dakota and South Dakota may be nonreimbursable: Pro-
vided further, That, in accordance with section 203 of the Colorado
River Basin Salinity Control Act (43 U.S.C. 1593), electrical power
supply and delivery assistance may be provided to the local distribu-
tion utility as required to maintain proper voltage levels at the
Big Sandy River Diffuse Source Control Unit.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric facilities at the Falcon and Amistad Dams, $2,640,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 423
of the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, the hire of passenger motor vehicles,
and official reception and representation expenses (not to exceed
$3,000), $204,400,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed
$204,400,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2004 shall be retained and
used for necessary expenses in this account, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2004 so as to result in a final
fiscal year 2004 appropriation from the general fund estimated
at not more than $0.
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
(RESCISSION)
Of the funds appropriated in prior Energy and Water Develop-
ment Appropriation Acts, $15,329,000 of unexpended balances of
prior appropriations are rescinded: Provided, That $13,329,000 shall
be derived from the Paducah Disposal Facility Privatization (OR–
574) and $2,000,000 shall be derived from the Portsmouth Disposal
Facility Privatization (OR–674).
H. R. 2754—34
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a)(1) None of the funds in this or any other appropria-
tions Act for fiscal year 2004 or any previous fiscal year may
be used to make payments for a noncompetitive management and
operating contract unless the Secretary of Energy, not later than
60 days after the date of the enactment of this Act, publishes
in the Federal Register and submits to the Committees on Appro-
priations 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) Notwithstanding paragraph (1), the Secretary of Energy
may use appropriated funds to maintain operations of noncompeti-
tive management and operating contracts as necessary during the
60-day period beginning on the date of the enactment of this Act.
(3) Paragraph (1) does not apply to an extension for up to
2 years of a noncompetitive management and operating contract,
if the extension is for purposes of allowing time to award competi-
tively 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 oper-
ation of Ames Laboratory, Argonne National Laboratory, Law-
rence 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 Serv-
ices Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
SEC. 302. None of the funds appropriated by this Act may
be used to—
(1) develop or implement a workforce restructuring plan
that covers employees of the Department of Energy; or
(2) provide enhanced severance payments or other benefits
for employees of the Department of Energy, under section 3161
of the National Defense Authorization Act for Fiscal Year 1993
(Public Law 102–484; 42 U.S.C. 7274h).
SEC. 303. None of the funds appropriated by this Act may
be used to augment the $13,400,000 made available for obligation
by this Act for severance payments and other benefits and commu-
nity assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (Public Law 102–484; 42
U.S.C. 7274h) unless the Department of Energy submits a re-
programming 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.
H. R. 2754—35
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities established pursuant to this title.
Balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one
fund for the same time period as originally enacted.
SEC. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may
be used to enter into any agreement to perform energy efficiency
services outside the legally defined Bonneville service territory,
with the exception of services provided internationally, including
services provided on a reimbursable basis, unless the Administrator
certifies in advance that such services are not available from private
sector businesses.
SEC. 307. When the Department of Energy makes a user facility
available to universities and other potential users, or seeks input
from universities and other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation
of a university or other potential user as a formal partner in
the establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a partner.
For purposes of this section, the term ‘‘user facility’’ includes, but
is not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
National Nuclear Security Administration Defense Programs Tech-
nology Deployment Center/User Facility; and (3) any other Depart-
mental facility designated by the Department as a user facility.
SEC. 308. The Administrator of the National Nuclear Security
Administration may authorize the manager of a covered nuclear
weapons research, development, testing or production facility to
engage in research, development, and demonstration activities with
respect to the engineering and manufacturing capabilities at such
facility in order to maintain and enhance such capabilities at such
facility: Provided, That of the amount allocated to a covered nuclear
weapons facility each fiscal year from amounts available to the
Department of Energy for such fiscal year for national security
programs, not more than an amount equal to 2 percent of such
amount may be used for these activities: Provided further, That
for purposes of this section, the term ‘‘covered nuclear weapons
facility’’ means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y–12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas;
(4) the Savannah River Plant, South Carolina; and
(5) the Nevada Test Site.
SEC. 309. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2004 until the enactment of
the Intelligence Authorization Act for fiscal year 2004.
H. R. 2754—36
SEC. 310. None of the funds in this Act may be used to dispose
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains concentrations of plutonium in excess of 20 percent by weight
for the aggregate of any material category on the date of enactment
of this Act, or is generated after such date. For the purposes
of this section, the material categories of transuranic waste at
the Rocky Flats Environmental Technology Site include: (1) ash
residues; (2) salt residues; (3) wet residues; (4) direct repackage
residues; and (5) scrub alloy as referenced in the ‘‘Final Environ-
mental Impact Statement on Management of Certain Plutonium
Residues and Scrub Alloy Stored at the Rocky Flats Environmental
Technology Site’’.
SEC. 311. (a) The Secretary of Energy is directed to file a
permit modification to the Waste Analysis Plan (WAP) and associ-
ated provisions contained in the Hazardous Waste Facility Permit
for the Waste Isolation Pilot Plant (WIPP). For purposes of deter-
mining compliance of the modifications to the WAP with the haz-
ardous waste analysis requirements of the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), or other applicable laws waste con-
firmation for all waste received for storage and disposal shall be
limited to: (1) confirmation that the waste contains no ignitable,
corrosive, or reactive waste through the use of either radiography
or visual examination of a statistically representative subpopulation
of the waste; and (2) review of the Waste Stream Profile Form
to verify that the waste contains no ignitable, corrosive, or reactive
waste and that assigned Environmental Protection Agency haz-
ardous waste numbers are allowed for storage and disposal by
the WIPP Hazardous Waste Facility Permit.
(b) Compliance with the disposal room performance standards
of the WAP shall be demonstrated exclusively by monitoring air-
borne volatile organic compounds in underground disposal rooms
in which waste has been emplaced until panel closure.
SEC. 312. Notwithstanding any other provision of law, the
material in the concrete silos at the Fernald uranium processing
facility currently managed by the Department of Energy and the
ore processing residual materials in the Niagara Falls Storage
Site subsurface waste containment structure managed by the
United States Army Corps of Engineers under the Formerly Utilized
Sites Remedial Action Program shall be considered ‘‘byproduct
material’’ as defined by section 11e.(2) of the Atomic Energy Act
of 1954, as amended (42 U.S.C. 2014(e)(2)). The Nuclear Regulatory
Commission or an Agreement State, as appropriate, shall regulate
the material as ‘‘11e.(2) by-product material’’ for the purpose of
disposition of the material in an NRC-regulated or Agreement State-
regulated facility.
SEC. 313. No funds appropriated or otherwise made available
under this title under the heading ‘‘ATOMIC ENERGY DEFENSE
ACTIVITIES’’ may be obligated or expended for additional and
exploratory studies under the Advanced Concepts Initiative until
30 days after the date on which the Administrator for Nuclear
Security submits to Congress a detailed report on the planned
activities for additional and exploratory studies under the initiative
for fiscal year 2004. The report shall be submitted in unclassified
form, but may include a classified annex.
SEC. 314. MARTIN’S COVE LEASE. (a) DEFINITIONS.—In this sec-
tion:
H. R. 2754—37
(1) BUREAU OF LAND MANAGEMENT.—The term ‘‘Bureau
of Land Management’’, hereafter referred to as the ‘‘BLM’’,
means an agency of the Department of the Interior.
(2) CORPORATION.—The term ‘‘Corporation’’ means the Cor-
poration of the Presiding Bishop of The Church of Jesus Christ
of Latter-day Saints, located at 50 East North Temple Street,
Salt Lake City, Utah.
(3) MARTIN’S COVE.—The term ‘‘Martin’s Cove’’ means the
area, consisting of approximately 940 acres of public lands
in Natrona County, Wyoming as depicted on the Martin’s Cove
map numbered MC–001.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) LEASE.—
(1) IN GENERAL.—Not later than 120 days after the date
of enactment of this Act, the Secretary shall enter into an
agreement with the Corporation to lease, for a term of 25
years, approximately 940 acres of Federal land depicted on
the Martin’s Cove map MC–001. The Corporation shall retain
the right of ingress and egress in, from and to any part of
the leasehold for its use and management as an important
historical site.
(2) TERMS AND CONDITIONS.—
(A) SURVEY.—As a condition of the agreement under
paragraph (1), the Corporation shall provide a boundary
survey to the Secretary, acceptable to the Corporation and
the Secretary, of the parcels of land to be leased under
paragraph (1).
(B) ACCESS.—
(i) IN GENERAL.—The Secretary and the Corpora-
tion shall enter into a lease covenant, binding on any
successor or assignee that ensures that, consistent with
the historic purposes of the site, public access will
be provided across private land owned by the Corpora-
tion to Martin’s Cove and Devil’s Gate. Access shall—
(I) ensure public visitation for historic, edu-
cational and scenic purposes through private lands
owned by the Corporation to Martin’s Cove and
Devil’s Gate;
(II) provide for public education, ecologic and
preservation at the Martin’s Cove site;
(III) be provided to the public without charge;
and
(IV) permit the Corporation, in consultation
with the BLM, to regulate entry as may be
required to protect the environmental and historic
values of the resource at Martin’s Cove or at such
times as necessitated by weather conditions, mat-
ters of public safety and nighttime hours.
(C) IMPROVEMENTS.—The Corporation may, upon
approval of the BLM, improve the leasehold as may become
necessary from time to time in order to accommodate visi-
tors to the leasehold.
(D) ARCHAEOLOGICAL PRESERVATION.—The Corporation
shall have the obligation to protect and maintain any
historical or archaeological artifacts discovered or otherwise
identified at Martin’s Cove.