H. R. 2754—38
(E) VISITATION
GUIDELINES.—The Corporation may
establish, in consultation with the BLM, visitation guide-
lines with respect to such issues as firearms, alcoholic
beverages, and controlled substances and conduct con-
sistent with the historic nature of the resource, and to
protect public health and safety.
(F) NO ABRIDGEMENT.—The lease shall not be subject
to abridgement, modification, termination, or other taking
in the event any surrounding area is subsequently des-
ignated as a wilderness or other protected areas. The lease
shall contain a provision limiting the ability of the Sec-
retary from administratively placing Martin’s Cove in a
restricted land management status such as a Wilderness
Study Area.
(G) RIGHT OF FIRST REFUSAL.—The Corporation shall
be granted a right of first refusal to lease or otherwise
manage Martin’s Cove in the event the Secretary proposes
to lease or transfer control or title of the land to another
party.
(H) FAIR MARKET VALUE LEASE PAYMENTS.—The Cor-
poration shall make lease payments which reflect the fair
market rental value of the public lands to be leased, pro-
vided however, such lease payments shall be offset by
value of the public easements granted by the Corporation
to the Secretary across private lands owned by the Corpora-
tion for access to Martin’s Cove and Devil’s Gate.
(I) RENEWAL.—The Secretary may offer to renew such
lease on terms which are mutually acceptable to the par-
ties.
(c) MINERAL WITHDRAWAL.—The Secretary shall retain the sub-
surface mineral estate under the 940 acres under the leasehold.
The 940 acres described in subsection (a)(3) are hereby withdrawn
from mining location and from all forms of entry, appropriation,
and disposal under the public land laws.
(d) NO PRECEDENT SET.—This Act does not set a precedent
for the terms and conditions of leases between or among private
entities and the United States.
(e) VALID AND EXISTING RIGHTS.—The Lease provided for under
this section shall be subject to valid existing rights with respect
to any lease, right-of-way, permit, or other valid existing rights
to which the property is subject.
(f) AVAILABILITY OF MAP.—The Secretary shall keep the map
identified in this section on file and available for public inspection
in the Casper District Office of the BLM in Wyoming and the
State Office of the BLM, Cheyenne, Wyoming.
(g) NEPA COMPLIANCE.—The Secretary shall comply with the
provisions of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in carrying out this section.
SEC. 315. REINSTATEMENT
AND TRANSFER
OF
THE FEDERAL
LICENSE FOR PROJECT NO. 2696. (a) DEFINITIONS.—
(1) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Energy Regulatory Commission.
(2) TOWN.—The term ‘‘town’’ means the town of Stuyvesant,
New York, the holder of Federal Energy Regulatory Commission
Preliminary Permit No. 11787.
(b) REINSTATEMENT AND TRANSFER.—Notwithstanding section
8 of the Federal Power Act (16 U.S.C. 801) or any other provision
H. R. 2754—39
of that Act, the Commission shall, not later than 30 days after
the date of enactment of this Act—
(1) reinstate the license for Project No. 2696; and
(2) transfer the license to the town.
(c) HYDROELECTRIC INCENTIVES.—Project No. 2696 shall be enti-
tled to the full benefit of any Federal law that—
(1) promotes hydroelectric development; and
(2) that is enacted within 2 years before or after the date
of enactment of this Act.
(d) CO-LICENSEE.—Notwithstanding the issuance of a prelimi-
nary permit to the town and any consideration of municipal pref-
erence, the town may at any time add as a co-licensee to the
reinstated license a private or public entity.
(e) PROJECT FINANCING.—The town may receive loans under
sections 402 and 403 of the Public Utility Regulatory Policies Act
of 1978 (16 U.S.C. 2702, 2703) or similar programs for the
reimbursement of the costs of any feasibility studies and project
costs incurred during the period beginning on January 1, 2001
and ending on December 31, 2006.
(f) ENERGY CREDITS.—Any power produced by the project shall
be deemed to be incremental hydropower for purposes of qualifying
for energy credits or similar benefits.
SEC. 316. Of the funds made available in this Act for Defense
Environmental Services, $1,000,000 shall be provided to the State
of Nevada solely for expenditures, other than salaries and expenses
of State employees, to conduct scientific oversight responsibilities
and participate in licensing activities pursuant to the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended: Provided,
That $4,000,000 shall be provided to affected units of local govern-
ments, as defined in Public Law 97–425, to conduct appropriate
activities pursuant to the Act: Provided further, That the distribu-
tion of the funds as determined by the units of local government
shall be approved by the Department of Energy: Provided further,
That the funds for the State of Nevada shall be made available
solely to the Nevada Division of Emergency Management by direct
payment and units of local government by direct payment: Provided
further, That within 90 days of the completion of each Federal
fiscal year, the Nevada Division of Emergency Management and
the Governor of the State of Nevada and each local entity shall
provide certification to the Department of Energy that all funds
expended from such payments have been expended for activities
authorized by Public Law 97–425 and this Act. Failure to provide
such certification shall cause such entity to be prohibited from
any further funding provided for similar activities: Provided further,
That none of the funds herein appropriated may be: (1) used directly
or indirectly to influence legislative action on any matter pending
before Congress or a State legislature or for lobbying activity as
provided in 18 U.S.C. 1913; (2) used for litigation expenses; or
(3) used to support multi-State efforts or other coalition building
activities inconsistent with the restrictions contained in this Act:
Provided further, That all proceeds and recoveries realized by the
Secretary in carrying out activities authorized by the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended, including
but not limited to, any proceeds from the sale of assets, shall
be available without further appropriation and shall remain avail-
able until expended.
H. R. 2754—40
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
for necessary expenses for the Federal Co-Chairman and the alter-
nate on the Appalachian Regional Commission, for payment of
the Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $66,000,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy
Act of 1954, as amended by Public Law 100–456, section 1441,
$19,559,000, to remain available until expended.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, as amended, notwithstanding sections
382C(b)(2), 382F(d), and 382M(b) of said Act, $5,000,000, to remain
available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $55,000,000, to remain available
until expended: Provided, That $5,500,000 shall not be available
until the Denali Commission submits to the House and Senate
Committees on Appropriations a detailed budget justification for
fiscal year 2005.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as amended,
and the Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), and purchase of
promotional items for use in the recruitment of individuals for
employment, $618,800,000, to remain available until expended: Pro-
vided, That of the amount appropriated herein, $33,100,000 shall
be derived from the Nuclear Waste Fund: Provided further, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $538,844,000 in fiscal year 2004 shall
be retained and used for necessary salaries and expenses in this
H. R. 2754—41
account, notwithstanding 31 U.S.C. 3302, and shall remain avail-
able until expended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues received during
fiscal year 2004 so as to result in a final fiscal year 2004 appropria-
tion estimated at not more than $79,956,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $7,300,000, to remain available until expended: Pro-
vided, That revenues from licensing fees, inspection services, and
other services and collections estimated at $6,716,000 in fiscal
year 2004 shall be retained and be available until expended, for
necessary salaries and expenses in this account notwithstanding
31 U.S.C. 3302: Provided further, That the sum herein appropriated
shall be reduced by the amount of revenues received during fiscal
year 2004 so as to result in a final fiscal year 2004 appropriation
estimated at not more than $584,000.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For necessary expenses of the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,177,000, to be derived from the Nuclear Waste Fund, and to
remain available until expended.
TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. (a) PURCHASE OF AMERICAN-MADE EQUIPMENT AND
PRODUCTS.—It is the sense of the Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity using funds
made available in this Act, the head of each Federal agency, to
the greatest extent practicable, shall provide to such entity a notice
describing the statement made in subsection (a) by the Congress.
(c) PROHIBITION
OF
CONTRACTS
WITH
PERSONS
FALSELY
LABELING PRODUCTS AS MADE IN AMERICA.—If it has been finally
determined by a court or Federal agency that any person inten-
tionally affixed a label bearing a ‘‘Made in America’’ inscription,
or any inscription with the same meaning, to any product sold
in or shipped to the United States that is not made in the United
States, the person shall be ineligible to receive any contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
H. R. 2754—42
SEC. 503. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priation Act.
SEC. 504. CLARIFICATION
OF INDEMNIFICATION TO PROMOTE
ECONOMIC DEVELOPMENT. (a) Subsection (b)(2) of section 3158 of
the National Defense Authorization Act for Fiscal Year 1998 (42
U.S.C. 7274q(b)(2)) is amended by adding the following after
subparagraph (C):
‘‘(D) Any successor, assignee, transferee, lender, or les-
see of a person or entity described in subparagraphs (A)
through (C).’’.
(b) The amendment made by section 506, as amended by this
section, is effective as of the date of enactment of the National
Defense Authorization Act for Fiscal Year 1998.
This Act may be cited as the ‘‘Energy and Water Development
Appropriations Act, 2004’’.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.