IB 
108TH CONGRESS 
1ST SESSION H. R. 2754
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 16, 2003
Ordered to be printed with the amendment of the Senate 
[Strike out all after the enacting clause and insert the part printed in italic] 
AN ACT 
Making appropriations for energy and water development 
for the fiscal year ending September 30, 2004, 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, 2004, 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 super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers 
and harbors, flood control, shore protection, aquatic eco-
system restoration, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study 
of basic information pertaining to river and harbor, flood 
control, shore protection, aquatic ecosystem restoration, 
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, $117,788,000, to remain 
available until expended: Provided, That for the Ohio 
Riverfront, Cincinnati, Ohio, project, the cost of planning 
and design undertaken by non-Federal interests shall be 
credited toward the non-Federal share of project design 
costs.
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CONSTRUCTION, GENERAL 
For the prosecution of river and harbor, flood control, 
shore protection, aquatic ecosystem restoration, and re-
lated projects authorized by law; and detailed studies, and 
plans and specifications, of projects authorized or made 
eligible for selection by law, $1,642,911,000, to remain 
available until expended, of which such sums as are nec-
essary 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; and of which such sums as are necessary to 
cover one-half of the costs of construction and rehabilita-
tion of inland waterways projects (including rehabilitation 
costs for the Lock and Dam 11, Mississippi River, Iowa; 
Lock and Dam 24, Mississippi River, Illinois and Mis-
souri; and Lock and Dam 3, Mississippi River, Minnesota, 
projects) shall be derived from the Inland Waterways 
Trust Fund: Provided, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to pro-
ceed with the construction of the New York and New Jer-
sey Harbor project, 50-foot deepening element, upon exe-
cution 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 Sec-
retary of the Army to carry out the construction of the
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Port Jersey element of the New York and New Jersey 
Harbor or reimbursement to the Local Sponsor for the 
construction of the Port Jersey element until commit-
ments for construction of container handling facilities are 
obtained from the non-Federal sponsor for a second user 
along the Port Jersey element: Provided further, That 
funds appropriated in this Act for the preservation and 
restoration of the Florida Everglades shall be made avail-
able for expenditure unless (1) the Secretary of the Army, 
not later than 30 days after the date of enactment of this 
Act, transmits to the State of Florida and the Committees 
on Appropriations of the House of Representatives and the 
Senate a report containing a finding and supporting mate-
rials indicating that the waters entering the A.R.M. 
Loxahatchee National Wildlife Refuge and Everglades Na-
tional Park do not meet the water quality requirements 
set forth in the Consent Decree entered in United States 
v. South Florida Water Management District, (2) the 
State fails to submit a satisfactory plan to bring the wa-
ters into compliance with the water quality requirements 
within 45 days of the date of the report, (3) the Secretary 
transmits to the State and the Committees a follow-up re-
port containing a finding that the State has not submitted 
such a plan, and (4) either the Committee on Appropria-
tions of the House of Representatives or the Senate issues
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a written notice disapproving of further expenditure of the 
funds: Provided further, That the Secretary of the Army 
shall provide the State of Florida with notice and an op-
portunity to respond to any determination of the Secretary 
under the preceding proviso before the determination be-
comes final. 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES 
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, 
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, 
$301,054,000, to remain available until expended. 
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 U.S. 
Army Corps of Engineers, including administrative build-
ings and facilities, laboratories, and the Washington Aque-
duct; for the maintenance of harbor channels provided by 
a State, municipality, or other public agency that serve 
essential navigation needs of general commerce, where au-
thorized by law; and for surveys and charting of northern
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and northwestern lakes and connecting waters, clearing 
and straightening channels, and removal of obstructions 
to navigation, $1,932,575,000, 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, and of which such 
sums as become available from the special account for the 
U.S. Army Corps of Engineers established by the Land 
and Water Conservation Act of 1965, as amended (16 
U.S.C. 460l–6a(i)), may be derived from that account for 
resource protection, research, interpretation, and mainte-
nance activities related to resource protection in the areas 
at which outdoor recreation is available; and of which such 
sums as become available under section 217 of the Water 
Resources Development Act of 1996, Public Law 104–
303, shall be used to cover the cost of operation and main-
tenance of the dredged material disposal facilities for 
which fees have been collected. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wetlands, 
$144,000,000, to remain available until expended.
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FORMERLY UTILIZED SITES REMEDIAL ACTION 
PROGRAM 
For expenses necessary to clean up contamination 
from sites in the United States resulting from work per-
formed as part of the Nation’s early atomic energy pro-
gram, $140,000,000, to remain available until expended. 
FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary for emergency flood control, 
response to hurricanes and other natural disasters, and 
related activities, including the activities that the U.S. 
Army Corps of Engineers undertakes to ensure its readi-
ness to respond to such emergencies, $40,000,000 to re-
main available until expended. 
GENERAL EXPENSES 
For expenses necessary for general administration 
and related civil works functions in the headquarters of 
the U.S. Army Corps of Engineers, the offices of the Divi-
sion Engineers, the Humphreys Engineer Center Support 
Activity, the Institute for Water Resources, the U.S. Army 
Engineer Research and Development Center, and the U.S. 
Army Corps of Engineers Finance Center, $164,000,000, 
to remain available until expended: Provided, That no part 
of any other appropriation provided in title I of this Act 
shall be available to fund the activities of the Office of 
the Chief of Engineers or the executive direction and man-
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agement activities of the division offices: Provided further, 
That none of these funds shall be available to support an 
office of congressional affairs within the executive office 
of the Chief of Engineers. 
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, Public Law 64–291; sec-
tion 11 of the River and Harbor Act of 1925, Public Law 
68–585; the Civil Functions Appropriations Act, 1936, 
Public Law 75–208; section 215 of the Flood Control Act 
of 1968, as amended, Public Law 90–483; sections 104, 
203, and 204 of the Water Resources Development Act 
of 1986, as amended, Public Law 99–662; section 206 of 
the Water Resources Development Act of 1992, as amend-
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ed, Public Law 102–580; section 211 of the Water Re-
sources Development Act of 1996, Public Law 104–303; 
and any other specific project authority, shall be limited 
to credits and reimbursements per project not to exceed 
$10,000,000 in each fiscal year, and total credits and re-
imbursements for all applicable projects not to exceed 
$50,000,000 in each fiscal year. 
SEC. 102. None of the funds appropriated in this or 
any other Act may be used by the United States Army 
Corps of Engineers to support activities related to the pro-
posed Ridge Landfill in Tuscarawas County, Ohio. 
SEC. 103. None of the funds appropriated in this or 
any other Act may be used by the United States Army 
Corps of Engineers to support activities related to the pro-
posed Indian Run Sanitary Landfill in Sandy Township, 
Stark County, Ohio. 
NAMING OF LOCK AND DAM 3, ALLEGHENY RIVER, 
PENNSYLVANIA 
Sec. 104. (a) DESIGNATION.—Lock and dam num-
bered 3 on the Allegheny River, Pennsylvania, shall be 
known and designated as the ‘‘C.W. Bill Young Lock and 
Dam’’. 
(b) LEGAL REFERENCES.—A reference in any law, 
regulation, document, record, map, or other paper of the 
United States to the lock and dam referred to in sub-
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section (a) shall be deemed to be a reference to the ‘‘C.W. 
‘Bill’ Young Lock and Dam’’. 
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 de-
posited 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, $1,728,000, to remain available until expended. 
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 activi-
ties, including the operation, maintenance, and rehabilita-
tion of reclamation and other facilities, participation in 
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other 
agreements with, State and local governments, Indian 
tribes, and others, $817,913,000, to remain available until
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expended, of which $57,330,000 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 Col-
orado River Dam Fund; and of which not more than 
$500,000 is for high priority projects which shall be car-
ried 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 ap-
propriated, the amount for program activities that can be 
financed by the Reclamation Fund or the Bureau of Rec-
lamation 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 De-
partmental Irrigation Drainage Program may be expended 
by the Bureau of Reclamation for site remediation on a 
non-reimbursable
basis:
Provided
further,
That
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$10,000,000 of the funds appropriated herein shall be de-
posited in the San Gabriel Basin Restoration Fund estab-
lished 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 fur-
ther 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 Reclamation 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 provi-
sions of the Central Valley Project Improvement Act, 
$39,600,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant 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 fur-
ther, That none of the funds made available under this
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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, 
$56,525,000, 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 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 oth-
erwise made available by this Act may be used to deter-
mine the final point of discharge for the interceptor drain
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for the San Luis Unit until development by the Secretary 
of the Interior and the State of California of a plan, which 
shall conform to the water quality standards of the State 
of California as approved by the Administrator of the En-
vironmental Protection Agency, to minimize any detri-
mental effect of the San Luis drainage waters. 
(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 ‘‘Repay-
ment 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 serv-
ice or drainage studies for the San Luis Unit shall be fully 
reimbursable by San Luis Unit beneficiaries of such serv-
ice 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
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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 delivered under these contracts to be de-
termined 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) pro-
mote full utilization of existing water entitlements within 
Sacramento County, (ii) implement water conservation 
and metering programs within the areas served by the con-
tract, and (iii) implement programs to maximize to the 
extent feasible conjunctive use of surface water and 
groundwater’’. 
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 Suburban Water District by deleting 
a provision requiring a determination of annual water 
needs included pursuant to section 206 of Public Law 
101–514. 
LOWER COLORADO RIVER BASIN DEVELOPMENT 
SEC. 205. (a) IN GENERAL.—Notwithstanding sec-
tion 403(f) of the Colorado River Basin Project Act (43
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U.S.C. 1543(f)), no amount from the Lower Colorado 
River Basin Development Fund shall be paid to the gen-
eral fund of the Treasury until each provision of the re-
vised Stipulation Regarding a Stay and for Ultimate 
Judgment Upon the Satisfaction of Conditions, filed in 
United States district court, in Central Arizona Water 
Conservation District v. United States (No. CIV 95–625–
TUC–WDB (EHC), No. CIV 95–1720–OHX–EHC (Con-
solidated Action)), and any amendment or revision there-
of, 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 ten 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 Colo-
rado River Basin Development Fund that but for this sec-
tion 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 
‘‘Administrative Provisions’’ in Public Law 102–377 (43 
U.S.C. 377b) is amended by inserting ‘‘, not to exceed
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$5,000,000 for each causal event giving rise to a claim 
or claims’’ after ‘‘activities of the Bureau of Reclamation’’. 
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 acquisi-
tion, construction, or expansion, and the purchase of not 
to exceed 12 passenger motor vehicles for replacement 
only, including two buses; $691,534,000, 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 activi-
ties in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition or condemnation of any real property
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or any facility or for plant or facility acquisition, construc-
tion, or expansion, $170,875,000, 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 activi-
ties 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, construc-
tion, and acquisition of plant and capital equipment and 
other necessary expenses, $320,468,000, to remain avail-
able 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 and title X, subtitle A, of the 
Energy Policy Act of 1992, $392,002,000, to be derived 
from the Fund, to remain available until expended, of 
which $51,000,000 shall be available in accordance with 
title X, subtitle A, of the Energy Policy Act of 1992.
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SCIENCE 
For Department of Energy expenses including the 
purchase, construction and acquisition of plant and capital 
equipment, and other expenses necessary for science 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 facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed 15 pas-
senger motor vehicles for replacement only, including not 
to exceed one ambulance, $3,480,180,000, to remain avail-
able 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, $335,000,000, to remain available until ex-
pended and to be derived from the Nuclear Waste Fund: 
Provided, That of the funds made available in this Act, 
$70,000,000 shall be used to initiate development of a rail 
line in the State of Nevada, connecting the existing na-
tional rail network with the repository site on the Nevada 
Test Site: Provided further, That none of the funds pro-
vided in this or any other appropriations Act may be used 
for the planning, design, or development of the rail cor-
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ridors that pass near the Las Vegas Metropolitan Area, 
specifically the Valley Modified Corridor and the Jean 
Corridor, and variations thereof, as these corridors are de-
lineated in the Final Environmental Impact Statement for 
a Geologic Repository for the Disposal of Spent Nuclear 
Fuel and High-Level Radioactive Waste at Yucca Moun-
tain, Nye County, Nevada, dated February 2002: Provided 
further, That $65,000,000 of the $70,000,000 made avail-
able in this Act for Nevada rail transportation shall be 
available only if the Secretary designates rail as the pre-
ferred mode of transportation within Nevada and selects 
a Nevada rail corridor within 60 days of enactment of this 
Act and commences the necessary environmental and engi-
neering analysis to develop and issue a Record of Decision 
for a specific rail alignment within the selected rail cor-
ridor by June 30, 2005: Provided further, That not to ex-
ceed $2,500,000 shall be provided to the State of Nevada 
solely for expenditures, other than salaries and expenses 
of State employees, to conduct scientific oversight respon-
sibilities and participate in licensing activities pursuant to 
the Nuclear Waste Policy Act of 1982 (Public Law 97–
425), as amended: Provided further, That not to exceed 
$6,500,000 shall be provided to affected units of local gov-
ernments, as defined in Public Law 97–425, to conduct 
appropriate activities pursuant to the Act: Provided fur-
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ther, That the distribution of funds to the State of Nevada 
and affected units of local government shall be solely for 
activities approved in advance by the Department of En-
ergy: Provided further, That the funds for the State of 
Nevada shall be made available solely to the Nevada Divi-
sion of Emergency Management by direct payment and 
to affected 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 Emer-
gency Management, the Governor of the State of Nevada, 
and each affected unit of local government receiving pay-
ments under this section 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 
receiving any further Federal funding provided for similar 
activities: Provided further, That none of the funds herein 
appropriated may be: (1) used directly or indirectly to in-
fluence 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 ex-
penses; or (3) used to support multi-State efforts or other 
coalition building activities: Provided further, That all pro-
ceeds and recoveries realized by the Secretary in carrying
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out activities authorized by the Nuclear Waste Policy Act 
of 1982, as amended, including but not limited to, any 
proceeds from the sale of assets shall be available without 
further appropriation and shall remain available until ex-
pended. 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
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 Orga-
nization Act (42 U.S.C. 7101 et seq.), including the hire 
of passenger motor vehicles and official reception and rep-
resentation
expenses
(not
to
exceed
$35,000), 
$224,329,000, 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 expended: Pro-
vided 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 authorized by section
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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 miscella-
neous revenues received during fiscal year 2004, and any 
related unappropriated receipt account balances remaining 
from prior years’ miscellaneous revenues, so as to result 
in a final fiscal year 2004 appropriation from the General 
Fund estimated at not more than $101,329,000. 
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. 
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 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;
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one fixed wing aircraft for replacement only; and the pur-
chase of not to exceed six passenger motor vehicles, of 
which four shall be for replacement only, including not to 
exceed two buses; $6,117,609,000, to remain available 
until September 30, 2006. 
DEFENSE NUCLEAR NONPROLIFERATION 
For Department of Energy expenses, including the 
purchase, construction and acquisition of plant and capital 
equipment and other incidental expenses necessary for 
atomic energy defense, defense nuclear nonproliferation 
activities, in carrying out the purposes of the Department 
of Energy Organization Act (42 U.S.C. 7101 et seq.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, $1,280,195,000, to remain avail-
able until September 30, 2006. 
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.), includ-
ing the acquisition (by purchase, condemnation, construc-
tion, or otherwise) of real property, plant, and capital 
equipment, facilities, and facility expansion, and the pur-
chase of not to exceed one bus; $768,400,000, 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), $341,980,000, to remain avail-
able until September 30, 2006. 
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; $5,758,278,000, to remain available until ex-
pended. 
DEFENSE ENVIRONMENTAL SERVICES 
For Department of Energy expenses necessary for 
defense-related environmental services activities that indi-
rectly support the accelerated cleanup and closure mission 
at environmental management sites, including the pur-
chase, construction, and acquisition of plant and capital
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POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion Fund, established pursuant to Public Law 93–454, 
are approved for official reception and representation ex-
penses in an amount not to exceed $1,500. During fiscal 
year 2004, no new direct loan obligations may be made. 
OPERATION AND MAINTENANCE, SOUTHEASTERN POWER 
ADMINISTRATION 
For necessary expenses of operation and maintenance 
of power transmission facilities and of marketing electric 
power and energy, including transmission wheeling and 
ancillary services, pursuant to the provisions of section 5 
of the Flood Control Act of 1944 (16 U.S.C. 825s), as 
applied to the southeastern power area, $5,100,000, to re-
main available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, up to 
$19,000,000 collected by the Southeastern Power Admin-
istration pursuant to the Flood Control Act 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.
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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 recep-
tion and representation expenses in an amount not to ex-
ceed $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, notwith-
standing the provisions of 31 U.S.C. 3302, up to 
$1,512,000 collected by the Southwestern Power Adminis-
tration pursuant to the Flood Control Act 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; in addition, notwith-
standing 31 U.S.C. 3302, beginning in fiscal year 2004 
and thereafter, such funds as are received by the South-
western Power Administration from any State, munici-
pality, corporation, association, firm, district, or individual 
as advance payment for work that is associated with 
Southwestern’s transmission facilities, consistent with
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that authorized in section 5 of the Flood Control Act, shall 
be credited to this account and be available until ex-
pended. 
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 con-
servation and renewable resources programs as author-
ized, including official reception and representation ex-
penses in an amount not to exceed $1,500, $171,000,000, 
to remain available until expended, of which $167,236,000 
shall be derived from the Department of the Interior Rec-
lamation Fund: Provided, That up to $166,000,000 col-
lected by the Western Area Power Administration pursu-
ant to the Flood Control Act of 1944 and the Reclamation 
Project Act of 1939 to recover purchase power and wheel-
ing 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 expendi-
tures.
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FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric 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 Ad-
ministration, 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, 
the hire of passenger motor vehicles, and official reception 
and representation expenses (not to exceed $3,000), 
$192,000,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, 
not to exceed $192,000,000 of revenues from fees and an-
nual charges, and other services and collections in fiscal 
year 2004 shall be retained and used for necessary ex-
penses 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-
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nues 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. 
GENERAL PROVISIONS 
DEPARTMENT OF ENERGY 
SEC. 301. (a) Notwithstanding any other provision 
of law, including section 303(c)(1) of title III of the Fed-
eral Property and Administrative Services Act of 1949 (41 
U.S.C. 253(c)(3)), none of the funds in this or any other 
appropriations Act for fiscal year 2004 or any previous 
fiscal year may be used to make payments for any man-
agement and operating contract of the Department of En-
ergy unless that contract was awarded using competitive 
procedures within the past fifty fiscal years or unless the 
Secretary of Energy, not later than sixty days after the 
date of enactment of this Act, publishes in the Federal 
Register and submits to the Committees on Appropria-
tions of the House of Representatives and the Senate a 
notification of intent to use competitive procedures for the 
procurement of each management and operating contract 
when the current term of each such contract expires. 
(b) The Secretary may not impose any conditions on 
the competition of a management and operating contract 
that is funded under this or any other appropriations Act 
that may have the effect of biasing the competition in
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favor of the incumbent contractor or otherwise providing 
for anything less than full and open competition of such 
contracts. 
(c) For purposes of this section, the term ‘‘manage-
ment and operating contract’’ means a contract for the 
management and operation of a Department of Energy 
laboratory, facility, site, or plant as used in subpart 
17.601 of the Federal Acquisition Regulation. 
(d) For purposes of this section, the terms ‘‘competi-
tive procedures’’ and ‘‘full and open competition’’ have the 
meanings provided in section 4 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 403). 
(e) The provisions of subsection (a) in this section 
apply to contracts awarded for a term of one year or more, 
not to interim extensions of less than one year used to 
extend contract performance until a long-term contract is 
placed or to provide continuity of service between con-
tracts. 
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
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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 $15,000,000 made available 
for obligation by this Act for severance payments and 
other benefits and community assistance grants under sec-
tion 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 appro-
priate congressional committees. 
SEC. 304. None of the funds appropriated by this Act 
may be used to prepare or initiate Requests For Proposals 
(RFPs) for a program if the program has not been funded 
by Congress. 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 305. The unexpended balances of prior 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 Administra-
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tion may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bon-
neville service territory, with the exception of services pro-
vided internationally, including services provided on a re-
imbursable basis, unless the Administrator certifies in ad-
vance that such services are not available from private sec-
tor 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 par-
ticipation of a university or other potential user as a for-
mal partner in the establishment or operation of a user 
facility, the Department shall employ full and open com-
petition in selecting such a partner. For purposes of this 
section, the term ‘‘user facility’’ includes, but is not lim-
ited 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 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 engineer-
ing 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 cov-
ered 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, 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 2004 until the enactment of the Intelligence 
Authorization Act for fiscal year 2004. 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, as amended, for necessary expenses for the Federal 
Co-Chairman and the alternate on the Appalachian Re-
gional 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 pas-
senger motor vehicles, $33,145,000, to remain available 
until expended. 
DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Fa-
cilities Safety Board in carrying out activities authorized 
by the Atomic Energy Act of 1954, as amended by Public
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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 Author-
ity and to carry out its activities, as authorized by the 
Delta Regional Authority Act of 2000, as amended, not-
withstanding sections 382C(b)(2), 382F(d), and 382M(b) 
of said Act, $2,000,000, to remain available until ex-
pended. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in car-
rying 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 employ-
ment, $618,800,000, to remain available until expended: 
Provided,
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 esti-
mated at $538,844,000 in fiscal year 2004 shall be re-
tained and used for necessary salaries and expenses in this
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account, notwithstanding 31 U.S.C. 3302, and shall re-
main available until expended: 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 $79,956,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector 
General in carrying out the Inspector General Act of 1978, 
as amended, $7,300,000, to remain available until Sep-
tember 30, 2005: Provided, That revenues from licensing 
fees, inspection services, and other services and collections 
estimated at $6,716,000 in fiscal year 2004 shall be re-
tained and be available until expended, for necessary sala-
ries and expenses in this account notwithstanding 31 
U.S.C. 3302: Provided further, That the sum herein ap-
propriated shall be reduced by the amount of revenues re-
ceived 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 Tech-
nical Review Board, as authorized by Public Law 100–
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203, section 5051, $3,177,000, to be derived from the Nu-
clear 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 commu-
nicate to Members of Congress as described in 18 U.S.C. 
1913. 
SEC. 502. PROHIBITION OF CONTRACTS WITH PER-
SONS FALSELY LABELING PRODUCTS AS MADE IN AMER-
ICA. If it has been finally determined by a court or Federal 
agency that any person intentionally affixed a label bear-
ing 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 con-
tract or subcontract made with funds made available in 
this Act, pursuant to the debarment, suspension, and ineli-
gibility procedures described in sections 9.400 through 
9.409 of title 48, Code of Federal Regulations. 
SEC. 503. None of the funds made available in this 
Act may be transferred to any department, agency, or in-
strumentality of the United States Government, except
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pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act. 
SEC. 504. None of the funds made available in this 
Act may be used to release water from the San Juan 
Chama Project or Middle Rio Grande Project for the pur-
pose of complying with the Endangered Species Act of 
1973 (16 U.S.C. 1531 et seq.). 
SEC. 505. None of the funds made available by this 
Act may be used to issue any license, approval, or author-
ization for the export or reexport, or the transfer or re-
transfer, either directly or indirectly, to the Democratic 
Peoples’ Republic of North Korea of—
(1) any special nuclear material or byproduct 
material; 
(2) any nuclear production or utilization facili-
ties; or 
(3) any components, technologies, substances, 
technical information, or related goods or services 
used (or which could be used) in a nuclear produc-
tion or utilization facility; except that this restriction 
shall not apply to exports, reexports, transfers, or 
retransfers of radiation monitoring technologies. 
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2004’’.
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That the following sums are appropriated, out of any 
money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2004, for energy and 
water development, and for other purposes, namely: 
TITLE I 
DEPARTMENT OF DEFENSE—CIVIL 
DEPARTMENT OF THE ARMY 
CORPS OF ENGINEERS—CIVIL 
The following appropriations shall be expended under 
the direction of the Secretary of the Army and the super-
vision of the Chief of Engineers for authorized civil func-
tions of the Department of the Army pertaining to rivers 
and harbors, flood control, shore protection, and related 
purposes. 
GENERAL INVESTIGATIONS 
For expenses necessary for the collection and study of 
basic information pertaining to river and harbor, flood con-
trol, shore protection, and related projects, restudy of au-
thorized projects, miscellaneous investigations, and, when 
authorized by laws, surveys and detailed studies and plans 
and specifications of projects prior to construction, 
$131,700,000, to remain available until expended, of which 
$500,000, along with $500,000 of the unobligated balance 
of funds made available under this heading in the Energy 
and Water Appropriations Act, 2003, may be transferred 
to the Bureau of Reclamation to conduct a feasibility study
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for the purposes of providing water to Park City and the 
Snyderville Basin, Utah: Provided, That in conducting the 
Southwest Valley Flood Damage Reduction Study, Albu-
querque, New Mexico, the Secretary of the Army, acting 
through the Chief of Engineers, shall include an evaluation 
of flood damage reduction measures that would otherwise 
be excluded from the feasibility analysis based on policies 
regarding the frequency of flooding, the drainage areas, and 
the amount of runoff: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers is di-
rected to use $250,000 for preconstruction engineering and 
design of Waikiki Beach, Oahu, Hawaii, the project to be 
designed and evaluated, as authorized: Provided further, 
That the Secretary of the Army, acting through the Chief 
of Engineers is directed to use $250,000 for the continuation 
and completion of feasibility studies of Kihei Beach, Maui, 
Hawaii. Any recommendations for a National Economic 
Development Plan shall be accepted notwithstanding the ex-
tent of recreation benefits supporting the project features, 
in view of the fact that recreation is extremely important 
in sustaining and increasing the economic well-being of the 
State of Hawaii and the nation. 
CONSTRUCTION, GENERAL 
For the prosecution of river and harbor, flood control, 
shore protection, and related projects authorized by laws; 
and detailed studies, and plans and specifications, of
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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 studies shall not constitute 
a commitment of the Government to construction), 
$1,538,000,000, to remain available until expended, of 
which such sums as are necessary for the Federal share of 
construction costs for facilities under the Dredged Material 
Disposal Facilities program shall be derived from the Har-
bor Maintenance Trust Fund, as authorized by Public Law 
104–303; and of which such sums as are necessary pursuant 
to Public Law 99–662 shall be derived from the Inland Wa-
terways Trust Fund, for one-half of the costs of construction 
and rehabilitation of inland waterways projects, including 
rehabilitation costs for the Lock and Dam 11, Mississippi 
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; 
Lock and Dam 19, Mississippi River, Iowa; Lock and Dam 
24, Mississippi River, Illinois and Missouri; Lock and Dam 
3, Mississippi River, Minnesota; and London Locks and 
Dam, Kanawha River, West Virginia, projects; and of 
which funds are provided for the following projects in the 
amounts specified: Provided, That using $9,280,000 of the 
funds appropriated herein, the Secretary of the Army, act-
ing through the Chief of Engineers, is directed to continue 
construction of the Dallas Floodway Extension, Texas,
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project, including the Cadillac Heights feature, generally in 
accordance with the Chief of Engineers report dated Decem-
ber 7, 1999: Provided further, That the Secretary of the 
Army is directed to accept advance funds, pursuant to sec-
tion 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, act-
ing through the Chief of Engineers, is directed to use 
$1,000,000 of the funds provided herein to continue con-
struction of the Hawaii Water Management Project: Pro-
vided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $2,500,000 
of the funds appropriated herein to continue construction 
of the navigation project at Kaumalapau Harbor, Hawaii: 
Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to use $6,000,000 
of the funds provided herein for Dam Safety and Seepage/
Stability Correction Program to continue construction of 
seepage control features and to design and construct repairs 
to the tainter gates at Waterbury Dam, Vermont: Provided 
further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to use $17,000,000 of the 
funds appropriated herein to proceed with planning, engi-
neering, design or construction of the Grundy, Buchanan
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Army, acting through the Chief of Engineers, is directed 
and authorized to continue the work to replace and upgrade 
the dam and all connections to the existing system at Kake, 
Alaska: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to proceed 
with the construction of the Wrangell Harbor, Alaska, 
project in accordance with the Chief of Engineer’s report 
dated December 23, 1999: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers, 
is directed to proceed with construction of the Breckenridge, 
Minnesota, project in accordance with the Breckenridge, 
Minnesota Feasibility Report and Environmental Impact 
Statement dated September 2000, approved April 8, 2002: 
Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to proceed with 
construction of repairs to the Bois Brule, Missouri, project 
in accordance with the Bois Brule Deficiency Correction 
Report including applicable NEPA compliance submitted 
to the Mississippi Valley Division in June 2003: Provided 
further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to continue with construction 
of the DeSoto County Regional Wastewater System Project 
in accordance with the DeSoto County, Mississippi Envi-
ronmental Infrastructure-Letter Reports prepared pursuant 
to guidance for Section 219 projects: Provided further, That
HR 2754 PP 
the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to continue with construction of the Des 
Moines Recreational River and Greenbelt, Iowa, project in 
accordance with the Des Moines Recreation River and 
Greenbelt, Iowa, General Design Memorandum with Pro-
grammatic Environmental Impact Statement dated Sep-
tember 1987, as amended by the Annual Program Manage-
ment Reports which serve as the Master Plan for the overall 
project, and site specific decision documents for the added 
work: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers is directed to continue 
with construction of the Rio de Flag, Flagstaff, Arizona, 
project generally in accordance with the Chief of Engineers 
report dated December 29, 2000: Provided further, That the 
Secretary of the Army, acting through the Chief of Engi-
neers is directed to continue with construction of the Tucson 
Drainage Area, Arizona, generally in accordance with the 
Chief of Engineers report dated May 20, 1998: Provided 
further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to proceed with the construc-
tion of the Zuni and Sun Valley Reaches, South Platte 
River, Denver County, Colorado, project, in accordance 
with the Report of the Chief of Engineers, dated May 16, 
2003, and the economic justification contained therein: Pro-
vided further, That the Secretary of the Army, acting
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through the Chief of Engineers, is directed to proceed with 
construction of the Delaware Bay Coastline, Point Mahon, 
Delaware, project, in accordance with the Report of the 
Chief of Engineers, dated September 28, 1998, and the eco-
nomic justification contained therein: Provided further, 
That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to proceed with the construction 
of the Delaware Coast from Cape Henlopen to Fenwick Is-
land, Fenwick Island, Delaware, project, in accordance 
with the Report of the Chief of Engineers, dated December 
29, 2000, and the economic justification contained therein: 
Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue prep-
aration of the General Re-evaluation Report (GRR) to de-
termine the feasibility of additional deepening and wid-
ening of the Federal Project at Gulfport Harbor, Mis-
sissippi: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to con-
tinue construction for the Sand Creek Watershed, Nebraska, 
project in accordance with the Report of the Chief of Engi-
neers, dated December 29, 2000: Provided further, That the 
Secretary of the Army, acting through the Chief of Engi-
neers, is to proceed with the construction of the Brigantine 
Inlet to Great Egg Harbor, Brigantine Island, New Jersey, 
project, in accordance with the Report of the Chief of Engi-
HR 2754 PP 
neers, dated December 1999, and the economic justification 
contained therein: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed 
to proceed with planning, engineering, and design and ini-
tiate floodway buy outs for the Passaic River Management, 
New Jersey, project, generally in accordance with the Corps 
of Engineers Passaic River Floodway Buy-out Report, 
dated October 1995: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, may 
use $1,000,000 of the funds made available under this head-
ing to continue construction of the project for Passaic River 
Streambank Restoration, Minish Park, New Jersey, and 
$6,500,000 of the funds made available under this heading 
to carry out the project for the Raritan River Basin, Green 
Brook Sub-Basin, New Jersey: Provided further, That the 
Secretary of the Army, acting through the Chief of Engi-
neers, is directed to continue engineering and design for the 
Ramapo and Mahwah Rivers, Mahwah, New Jersey and 
Suffern, New York, project: Provided further, That the Sec-
retary of the Army, acting through the Chief of Engineers, 
is directed to continue construction of the Dare County 
Beaches, North Carolina (Bodie Island), project, in accord-
ance with the Report of the Chief of Engineers, dated De-
cember 29, 2000, and the economic justification contained 
therein: Provided further, That the Secretary of the Army,
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acting through the Chief of Engineers, is directed to con-
tinue construction of the Holes Creek, Ohio, project includ-
ing the additional floodwall and relocations, generally in 
accordance with the Chief of Engineers report dated Decem-
ber 23, 1981 and the Supplement to the Reevaluation Re-
port, dated 2003: Provided further, That the Secretary of 
the Army, acting through the Chief of Engineers, is directed 
to continue with the design and construction of the Canton 
Lake, Oklahoma (Dam Safety) project, in accordance with 
the Corps of Engineer’s Dam Safety Assurance Report, 
dated March 22, 2002: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers, is di-
rected to continue with design and construction of the 
Lawton, Oklahoma, Waste Water Infrastructure Rehabilita-
tion project, in accordance with the requirements identified 
in the City of Lawton’s Sewer Rehabilitation Program in 
conjunction with the Oklahoma Department of Environ-
mental Quality’s consent order: Provided further, That the 
Secretary of the Army, acting through the Chief of Engi-
neers, is directed to proceed with the construction of the Co-
lumbia River Channel Improvements, Oregon and Wash-
ington, project in accordance with the Report of the Chief 
of Engineers, dated December 23, 1999 and the economic 
justification and environmental features stated therein, as 
amended by the Final Supplemental Integrated Feasibility
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Report and Environmental Impact Statement dated Janu-
ary 28, 2003: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed 
to proceed with the construction of the Schuylkill River 
Park, Philadelphia, Pennsylvania, project, in accordance 
with the Letter Report, dated February 2003, and the eco-
nomic justification contained therein: Provided further, 
That the Secretary of the Army, acting through the Chief 
of Engineers, is directed to proceed with the preparation 
of plans and specifications for periodic nourishment of the 
Folly Beach, South Carolina, project, in accordance with 
the General Design Memorandum, dated May 1991 and ap-
proved by the Chief of Engineers on July 22, 1992, and 
the economic justification contained therein: Provided fur-
ther, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to proceed to construction 
of the Missouri River, South Dakota, project, in accordance 
with the provisions contained in Title IX of WRDA 2000: 
Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to proceed with 
the Puget Sound Adjacent Waters Restoration, Washington 
project, as directed by Section 544 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 Shoalwater Bay Shoreline Erosion, Washington, project
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as directed by Section 545 of Public Law 106–541: Pro-
vided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to proceed with 
the construction of the Jackson Hole, Wyoming, project, in 
accordance with Public Law 106–541, and the economic 
justification contained therein: Provided further, That the 
Secretary of the Army is directed to use funds appropriated 
for the navigation project, Tampa Harbor, Florida to carry 
out, as part of the project, construction of passing lanes in 
an area approximately 3.5 miles long, centered on Tampa 
Bay Cut B, if the Secretary determines that such construc-
tion is technically sound, environmentally acceptable, and 
cost effective: Provided further, That no funds appropriated 
in this Act for the purpose of construction of the projects 
for the Everglades and South Florida Ecosystem Restora-
tion shall be available for expenditure unless the Adminis-
trator of the Environmental Protection Agency certifies that 
the projects meet all applicable state water quality stand-
ards and numeric criteria adopted for phosphorus as well 
as water quality requirements set forth in the Consent De-
cree by September 30, 2003 and every 12 months thereafter 
until September 30, 2006: Provided further, That within 
funds provided herein, $500,000 may be used for completion 
of design and initiation of construction of the McCarran 
Ranch, NV, environmental restoration project: Provided
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further, That within funds provided herein, $100,000 may 
be used for initiation of feasibility studies to address erosion 
along Bayou Teche, LA within the Chitimacha Reservation: 
Provided further, That the Secretary of the Army may use 
at least $1,000,000 of the funds provided under this heading 
for the Great Lakes fishery and ecosystem restoration pro-
gram: Provided further, That using $200,000 appropriated 
herein, the Secretary of the Army, acting through the Chief 
of Engineers, may develop an environmental impact state-
ment for introducing non-native oyster species into the 
Chesapeake Bay. During preparation of the environmental 
impact statement, the Secretary may establish a scientific 
advisory body consisting of the Virginia Institute of Marine 
Science, the University of Maryland, and other appropriate 
research institutions to review the sufficiency of the envi-
ronmental impact statement. In addition, the Secretary 
shall give consideration to the findings and recommenda-
tions of the National Academy of Sciences report on the in-
troduction of non-native oyster species into the Chesapeake 
Bay in the preparation of the environmental impact state-
ment. Notwithstanding the cost sharing provisions of sec-
tion 510(d) of the Water Resources Development Act of 1996 
(110 Stat. 3760), the preparation of the environmental im-
pact statement shall be cost shared 50 percent Federal and 
50 percent non-Federal, for an estimated cost of $2,000,000.
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The non-Federal sponsors may meet their 50 percent match-
ing cost share through in-kind services: Provided, That the 
Secretary determines that work performed by the non-Fed-
eral sponsors is reasonable, allowable, allocable, and inte-
gral to the development of the environmental impact state-
ment. 
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, 
ARKANSAS, ILLINOIS, KENTUCKY, LOUISIANA, MIS-
SISSIPPI, MISSOURI, AND TENNESSEE 
For expenses necessary for prosecuting work of flood 
control, rescue work, repair, restoration, or maintenance of 
flood control projects threatened or destroyed by flood, as 
authorized by law (33 U.S.C. 702a and 702g–1), 
$329,000,000, to remain available until expended: Pro-
vided, That the Secretary of the Army, acting through the 
Chief of Engineers, using $12,000,000 of the funds provided 
herein, is directed to continue design and real estate activi-
ties and to initiate the pump supply contract for the Yazoo 
Basin, Yazoo Backwater Pumping Plant, Mississippi: Pro-
vided further, That the pump supply contract shall be per-
formed by awarding continuing contracts in accordance 
with 33 U.S.C. 621: Provided further, That the Secretary 
of the Army, acting through the Chief of Engineers is di-
rected, with funds previously appropriated, to continue con-
struction of water withdrawal features of the Grand Prai-
rie, Arkansas, project.
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OPERATION AND MAINTENANCE, GENERAL 
For expenses necessary for the preservation, operation, 
maintenance, and care of existing river and harbor, flood 
control, and related works, including such sums as may be 
necessary for the maintenance of harbor channels provided 
by a State, municipality or other public agency, outside 
of harbor lines, and serving essential needs of general com-
merce and navigation; surveys and charting of northern 
and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navi-
gation, $2,014,000,000, 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, and of which such sums 
as become available from the special account established by 
the Land and Water Conservation Act of 1965, as amended 
(16 U.S.C. 460l), may be derived from that account for con-
struction, operation, and maintenance of outdoor recreation 
facilities; and of which $500,000 may be available for 
dredging and other operation and maintenance of the Rogue 
River, Gold Beach, Oregon; and of which $500,000 may be 
available for dredging and other operation and mainte-
nance of the Umpqua River, Oregon: Provided, That of 
funds appropriated herein, for the Intracoastal Waterway, 
Delaware River to Chesapeake Bay, Delaware and Mary-
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land, the Secretary of the Army, acting through the Chief 
of Engineers, is directed to reimburse the State of Delaware 
for normal operation and maintenance costs incurred by 
the State of Delaware for the SR1 Bridge from station 
58∂00 to station 293∂00 between October 1, 2003, and 
September 30, 2004: Provided further, That none of the 
funds appropriated under this heading may be used for the 
Great Lakes Sediment Transport Models: Provided further, 
That the Secretary of the Army, acting through the Chief 
of Engineers, may use not less than $5,461,000 of the funds 
made available under this heading for the Alabama-Coosa 
River, Alabama (including for routine operations and 
maintenance work at Swift Creek Park), of which not less 
than $2,500,000 may be used for annual maintenance 
dredging of navigational channels of the Alabama-Coosa 
River: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to use 
funds appropriated herein to rehabilitate the existing 
dredged material disposal site for the project for navigation, 
Bodega Bay Harbor, California, and to continue mainte-
nance dredging of the Federal channel: Provided further, 
That the Secretary shall make suitable material excavated 
from the site as part of the rehabilitation effort available 
to the non-Federal sponsor, at no cost to the Federal Gov-
ernment, for use by the non-Federal sponsor in the develop-
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ment of public facilities: Provided further, That the Corps 
of Engineers shall not allocate any funds, to deposit dredge 
material, without the consent of the landowners, on private 
property located along Reach 1, Reach 2, Reach 4, Reach 
5, and Reach 6 of the Gulf Coast Intracoastal Waterway 
as defined by the Draft Laguna Madre GIWW Dredged Ma-
terial Management Plan prepared by the Corps of Engi-
neers and the Interagency Coordination Team dated Octo-
ber 11, 2002: Provided further, That the Secretary is di-
rected to use $5,000,000 of the funds appropriated herein 
to undertake the restoration of Tar Creek and Vicinity, 
Oklahoma project: Provided further, That the Secretary of 
the Army may use $3,000,000 of the funds provided under 
this heading to undertake, in connection with the harbor 
of Morehead City, North Carolina, a project to disperse 
sand 
along 
Bogue 
Banks: 
Provided 
further, 
That 
$65,000,000 is provided to be used by the Secretary of the 
Army, acting through the Chief of Engineers, to repair, re-
store, and clean up projects and facilities of the Corps of 
Engineers and dredge navigation channels, restore and 
clean out area streams, provide emergency stream bank pro-
tection, restore other crucial public infrastructure (includ-
ing water and sewer facilities), document flood impacts, 
and undertake other flood recovery efforts considered nec-
essary by the Chief of Engineers.
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FLOOD CONTROL AND COASTAL EMERGENCIES 
For expenses necessary for emergency flood control, 
hurricane response, and emergency shore protection and re-
lated activities, $40,000,000, to remain available until ex-
pended. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws per-
taining to regulation of navigable waters and wetlands, 
$139,000,000, to remain available until expended. 
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM 
For expenses necessary to clean up contamination 
from sites throughout the United States resulting from work 
performed as part of the Nation’s early atomic energy pro-
gram, $140,000,000, to remain available until expended. 
GENERAL EXPENSES 
For expenses necessary for general administration and 
related functions in the Office of the Chief of Engineers and 
offices of the Division Engineers, activities of the Hum-
phreys Engineer Center Support Activity, the Institute for 
Water Resources, and headquarters support functions at the 
USACE Finance Center, $160,000,000, to remain available 
until expended: Provided, That no part of any other appro-
priation provided in title I of this Act shall be available 
to fund the activities of the Office of the Chief of Engineers 
or the executive direction and management activities of the 
division offices: Provided further, That none of these funds
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shall be available to support an office of congressional af-
fairs within the executive office of the Chief of Engineers. 
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 As-
sistant Secretary of the Army for Civil Works or the United 
States Army Corps of Engineers after the date of the enact-
ment of this Act pursuant to section 4 of the Rivers and 
Harbor Act of 1915, Public Law 64–291; section 11 of the 
River and Harbor Act of 1925, Public Law 68–585; the 
Civil Functions Appropriations Act, 1936, Public Law 75–
208; section 215 of the Flood Control Act of 1968, as amend-
ed, Public Law 90–483; sections 104, 203, and 204 of the 
Water Resources Development Act of 1986, as amended, 
Public Law 99–662; section 206 of the Water Resources De-
velopment Act of 1992, as amended, Public Law 102–580; 
section 211 of the Water Resources Development Act of 
1996, Public Law 104–303; and any other specific project 
authority, shall be limited to credits and reimbursements
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per project not to exceed $10,000,000 in each fiscal year, 
and total credits and reimbursements for all applicable 
projects not to exceed $50,000,000 in each fiscal year. 
SEC. 102. None of the funds appropriated in this Act, 
or any other Act, shall be used to demonstrate or implement 
any plans divesting or transferring of any Civil Works mis-
sions, functions, or responsibilities for the United States 
Army Corps of Engineers to other government agencies 
without specific direction in a subsequent Act of Congress. 
SEC. 103. ALAMOGORDO, NEW MEXICO. The project for 
flood protection at Alamogordo, New Mexico, authorized by 
the Flood Control Act of 1962 (Public Law 87–874), is 
modified to authorize and direct the Secretary to construct 
a flood detention basin to protect the north side of the City 
of Alamogordo, New Mexico, from flooding. The flood deten-
tion 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, notwith-
standing Section 202(a) of the Water Resources Develop-
ment Act of 1996. 
SEC. 104. Section 10 of the Rivers and Harbors Act 
of 1922, 42 Stat. 1043, 33 U.S.C. 621, is amended by insert-
ing a comma after the word ‘‘Congress’’ and inserting im-
mediately thereafter ‘‘to include any and all pre-authoriza-
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tion planning, engineering, design, construction, and oper-
ation and maintenance,’’. 
SEC. 105. The Secretary is authorized and may design, 
remove and dispose of oil bollards and associated debris in 
Burlington Harbor, Vermont, at full Federal expense. 
SEC. 106. KAKE DAM REPLACEMENT, KAKE, ALASKA 
TECHNICAL CORRECTIONS. Section 105, Public Law 106–
377, is amended by striking ‘‘$7,000,000’’ and inserting in 
lieu thereof ‘‘$11,000,000 at full Federal expense’’. 
SEC. 107. DEAUTHORIZATION
OF INACTIVE CORPS 
PROJECTS. The following projects, with a total estimated 
authorized cost of $404,000,000, are not authorized after the 
date of enactment of this Act, except with respect to any 
portion of such a project which portion has been completed 
before such date or is under construction on such date: 
(1) The project for flood control, Green Bay 
Levee & Drainage District No. 2, Iowa, authorized by 
the Water Resources Development Act of 1986, de-
authorized in fiscal year 1991, and reauthorized by 
the Water Resources Development Act of 1992; 
(2) The project for navigation, Illinois Waterway 
Cal-Sag Part III, Illinois, authorized by the River 
and Harbor Act of 1946;
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(3) The project for flood control, Lake George, 
Hobart, Indiana, authorized by the Water Resources 
Development Act of 1986; 
(4) The project for flood control, Hazard, Ken-
tucky, authorized by the Water Resources Develop-
ment Act of 1988 (Public Law 100–876) and the 
Water Resources Development Act of 1990 (Public 
Law 101–640); 
(5) The project for recreation, Taylorsville Lake 
(Uncompleted Recreation), Kentucky, authorized by 
the Flood Control Act of 1966; 
(6) The project for flood control, Vanceburg, Ken-
tucky, LPP, authorized by the Flood Control Act of 
1937; 
(7) The project for flood control, Libby Dam 
(Units 6–8), Montana, authorized by the Water Re-
sources Development Act of 1996; 
(8) The project for flood control, Epping, New 
Hampshire, authorized by the Water Resources Devel-
opment Act of 1992; 
(9) The project for flood control, Manchester, 
New Hampshire, authorized by the Water Resources 
Development Act of 1992;
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(10) The project for flood control, Rochester, New 
Hampshire, authorized by the Water Resources Devel-
opment Act of 1992; 
(11) The project for multiple purposes, Fort Gib-
son Lake, Oklahoma (Units 5 and 6), authorized by 
the Water Resources Development Act of 1986; 
(12) The project for flood control, Parker Lake, 
Muddy Boggy Creek, Oklahoma, authorized by the 
Water Resources Development Act of 1986; 
(13) The project for flood control, Tamaqua, 
Pennsylvania, authorized by the Water Resources De-
velopment Act of 1974; 
(14) The project for shoreline protection, Cliff 
Walk, Newport, Rhode Island, authorized by the River 
and Harbor Act of 1956 and amended by the Water 
Resources Development Act of 1992; 
(15) The project for navigation, Narragansett 
Town Beach, Narragansett, Rhode Island, authorized 
by the Water Resources Development Act of 1992 and 
amended by the Water Resources Development Act of 
1996; 
(16) The project for navigation, Quonset Point-
Davisville, Rhode Island (Bulkhead Repairs), author-
ized by the Water Resources Development Act of 1996;
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(17) The project for flood control, Arroyo Colo-
rado, Texas, authorized by the Water Resources Devel-
opment Act of 1986; 
(18) The project for flood control, Cypress Creek-
Structural, Texas, authorized by the Water Resources 
Development Act of 1988; and 
(19) The project for flood control, Cache County, 
Utah, authorized by the Water Resources Development 
Act of 1992 and amended by the Water Resources De-
velopment Act of 1999. 
SEC. 108. DEAUTHORIZATION OF PROJECT FOR NAVI-
GATION, PAWTUXET COVE, RHODE ISLAND. (a) IN GEN-
ERAL.—The portions of the project for navigation, 
Pawtuxet Cove, Rhode Island, authorized by section 101 of 
the River and Harbor Act of 1962 (76 Stat. 1173) and de-
scribed in subsection (b) shall no longer be authorized after 
the date of enactment of this Act. 
(b) DESCRIPTIONS.—The portions of the project re-
ferred to in subsection (a) are the following: 
(1) Beginning at a point along the western edge 
of the 6-foot channel just south of the 6-foot turning 
basin: N247,856.00, E530,338.00, thence running 
north 51 degrees 44 minutes 12.5 seconds west 214.77 
feet to a point N247,989.00, E530,169.37, thence run-
ning north 13 degrees 14 minutes 48.8 seconds west
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149.99 feet to a point N248,135.00, E530,135.00, 
thence running north 44 degrees 11 minutes 7.4 sec-
onds east 137.77 feet to a point N248,233.79, 
E530,231.02, thence running north 3 degrees 58 min-
utes 18.8 seconds west 300.00 feet to a point 
N248,533.07, E530,210.24 thence running north 86 
degrees 1 minute 34.3 seconds east 35.00 feet to a 
point N248,535.50, E530,245.16, thence running 
south 3 degrees 58 minutes 21.0 seconds east 342.49 
feet to a point N248,193.83, E530,268.88, thence run-
ning south 44 degrees 11 minutes 7.4 seconds west 
135.04 feet to a point N248,097.00, E530,174.77, 
thence running south 13 degrees 14 minutes 48.8 sec-
onds east 85.38 feet to a point N248,013.89, 
E530,194.33, thence running south 51 degrees 44 
minutes 12.5 seconds east 166.56 feet to a point 
N247,910.74, E530,325.11 thence running south 13 
degrees 14 minutes 49.2 seconds east 56.24 feet to the 
point of origin. 
(2) Beginning at a point along the eastern edge 
of the 6-foot channel opposite the 6-foot turning basin: 
N248,180.00, E530,335.00, thence running south 32 
degrees 12 minutes 35.3 seconds east 88.25 feet to a 
point N248,105.33, E530,382.04, thence running 
south 13 degrees 14 minutes 49.2 seconds east 138.48
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feet to a point N247,970.53, E530,413.77, thence run-
ning north 32 degrees 12 minutes 35.3 seconds west 
135.42 feet to a point N248,085.12, E530,341.59, 
thence running north 3 degrees 58 minutes 21.0 sec-
onds west 95.11 feet to the point of origin. 
(3) Beginning at a point along the eastern edge 
of the channel adjacent to the 6-foot entrance channel: 
N246,630.77, E530,729.17, thence running south 13 
degrees 14 minutes 49.2 seconds east 35.55 feet to a 
point N246,596.16, E530,737.32, thence running 
south 51 degrees 31 minutes 38.6 seconds east 283.15 
feet to a point N246,420.00, E530,959.00, thence run-
ning north 47 degrees 28 minutes 37.2 seconds west 
311.84 feet returning to a point N246,630.77, 
E530,729.17. 
SEC. 109. (a) The Secretary of the Army is authorized 
to provide technical, planning, design and construction as-
sistance to non-Federal interests to remedy adverse environ-
mental and human health impacts in Ottawa County, 
Oklahoma. In providing assistance, the Secretary shall co-
ordinate with the State, Tribal, and local interests. The Sec-
retary may undertake implementation of such activities as 
the Secretary determines to be necessary or advisable to 
demonstrate practicable alternatives, such activities shall 
include measures to address lead exposure and other envi-
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ronmental problems related to historical mining activities 
in the area. 
(b) In carrying out subsection (a), the Secretary may 
utilize, through contracts or other means, the services of the 
University of Oklahoma, the Oklahoma Department of En-
vironmental Quality, or such other entities as the Secretary 
determines to be appropriate. 
(c) Notwithstanding any other provision of law, the 
Secretary shall not incur liability under the Comprehensive 
Environmental Response, Compensation, and Liability Act 
(42 U.S.C. 9601, et seq.) for activities undertaken pursuant 
to this section. 
(d) Non-Federal interests shall be responsible for pro-
viding any necessary lands, easements or rights-of-way re-
quired for implementation of activities authorized by this 
section and shall be responsible for operating and main-
taining any restoration alternatives constructed or carried 
out pursuant to this section. All other costs shall be borne 
by the Federal Government. 
(e) There is authorized to be appropriated $15,000,000 
to carry out the purposes of this section. 
SEC. 110. The amount of $2,000,000 previously pro-
vided under the heading ‘‘Construction, General’’ in Title 
I of the Energy and Water Development Appropriations 
Act, 2003, Division D of Public Law 108–7, is to be used
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to provide technical assistance at full Federal expense, to 
Alaskan communities to address the serious impacts of 
coastal erosion. 
SEC. 111. The project for flood control for the Amer-
ican and Sacramento Rivers, California, authorized by Sec-
tion 101(a)(1) of the Water Resources Development Act of 
1996 (Public Law 104–303) and Section 366 of the Water 
Resources Development Act of 1999, is modified to authorize 
the Secretary of the Army, acting through the Chief of Engi-
neers, to construct the project at a total cost of 
$205,000,000, with an estimated Federal share of 
$153,840,000 and an estimated non-Federal share of 
$51,160,000. For purposes of section 103 of the Water Re-
sources Development Act of 1986 (33 U.S.C. 2213), the 
modifications authorized by this section shall be subject to 
the same cost sharing in effect for the project authorized 
by 101(a)(1) of the Water Resources Development Act of 
1996. 
SEC. 112. ST. GEORGES BRIDGE, DELAWARE. None of 
the funds made available in this Act may be used to carry 
out any activity relating to closure or removal of the St. 
Georges Bridge across the Intracoastal Waterway, Delaware 
River to Chesapeake Bay, Delaware and Maryland, includ-
ing a hearing or any other activity relating to preparation
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of an environmental impact statement concerning the clo-
sure or removal. 
SEC. 113. Section 214(a) of Public Law 106–541 is 
amended by striking ‘‘2003’’ and inserting in lieu thereof 
‘‘2005’’. 
SEC. 114. The Secretary of the Army, acting through 
the Chief of Engineers, shall direct construction of Alter-
native 1 (Northeast Corner) for the project authorized in 
section 353 of Public Law 105–277 notwithstanding any 
other provision of law. 
SEC. 115. The Secretary of the Army, acting through 
the Chief of Engineers, is authorized to undertake appro-
priate planning, design, and construction measures for 
wildfire prevention and restoration in the Middle Rio 
Grande bosque in and around the City of Albuquerque. 
Work shall be directed toward those portions of the bosque 
which have been damaged by wildfire or are in imminent 
danger of damage from wildfire due to heavy fuel loads and 
impediments to emergency vehicle access. This work shall 
be undertaken at full Federal expense. 
SEC. 116. Section 595 of the Water Resources Develop-
ment Act of 1999 (113 Stat.383; 117 Stat. 142) is amend-
ed—
(1) by striking the section heading and inserting 
the following:
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‘‘SEC. 595. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, 
AND RURAL UTAH.’’; 
(2) in subsection (a)—
(A) 
by 
redesignating 
paragraphs 
(1) 
through (3) as subparagraphs (A) through (C), 
respectively; 
(B) by striking (a) and all that follows 
through ‘‘means—’’ and inserting the following: 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) RURAL NEVADA.—The term ‘rural Nevada’ 
means’’; and 
(C) by adding at the end the following: 
‘‘(2) RURAL
UTAH.—The term ‘rural Utah’ 
means—
‘‘(A) the counties of Box Elder, Cache, Rich, 
Tooele, Morgan, Summit, Dagett, Wasatch, 
Duchesne, Uintah, Juab, Sanpete, Carbon, Mil-
lard, Sevier, Emery, Grand, Beaver, Piute, 
Wayne, Iron, Garfield, San Juan, and Kane, 
Utah; and 
‘‘(B) the portions of Washington County, 
Utah, that are located outside the city of St. 
George, Utah.’’; 
(3) in subsections (b) and (c), by striking ‘‘Ne-
vada, Montana, and Idaho’’ and inserting ‘‘Idaho,
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Montana, rural Nevada, New Mexico, and rural 
Utah’’; and 
(4) in subsection (h), by striking ‘‘2001—’’ and 
all that follows and inserting ‘‘2001 $25,000,000 for 
each of Idaho, Montana, New Mexico, and rural Utah, 
to remain available until expended.’’. 
SEC. 117. Of the amounts provided in section 312, the 
Secretary of Energy shall make the funds available to ‘‘De-
partment of Defense—Civil, Department of the Army, 
Corps of Engineers—Civil, Construction, General’’ account, 
to remain available until expended, for the following: 
$5,000,000 for the Walter F. George Powerhouse, AL; 
$3,400,000 for the Rio Salado, Phoenix and Tempe Reaches, 
AZ project; $3,000,000 for the Montgomery Point Lock and 
Dam, AR project; $2,250,000 for the Red River Below 
Denison Dam, AR and LA and TX project; $3,750,000 for 
the Red River Emergency Bank, AR and LA project; 
$5,000,000 for the Napa River, CA project; $5,000,000 for 
the Oakland Harbor, CA project; $5,000,000 for the Port 
of Los Angeles project; $4,300,000 for the Santa Ana River 
Mainstem, CA project; $2,900,000 for the South Sacramento 
Streams, CA project; $1,286,000 for the Delaware Coast 
from Cape Henlopen to Fenwick Island, DE project; 
$1,000,000 for the Delaware Bay Coastline, Port Mahon, 
DE project; $1,250,000 for the Martin County, FL project;
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$3,000,000 for the Brunswick Harbor, GA project; 
$5,000,000 for the McCook and Thornton, IL project; 
$15,000,000 for the Olmsted Locks and Dam, Ohio River, 
IL and KY project; $600,000 for the Des Moines Rec-
reational River and Greenbelt, IA project; $250,000 for the 
Lock and Dam 19, IA project; $800,000 for the Perry Creek, 
IA project; $10,134,000 for the Kentucky Lock and Dam, 
KY project; $4,565,000 for the Inner Harbor Navigation 
Canal Lock, LA project; $3,000,000 for the J Bennett John-
ston Waterway, LA project; $10,000,000 for the Southeast 
Louisiana project; $262,000 for the Genessee County, MI 
project; $287,000 for the Negaunee, MI project; $1,000,000 
for the Breckenridge, MN project; $1,500,000 for the Blue 
River Basin, Kansas City, MO project; $3,000,000 for the 
Meramec River Basin, Valley Park Levee, MO project; 
$5,000,000 for the Mississippi River Between the Ohio and 
Missouri Rivers, MO project; $2,000,000 for the Fort Peck 
Fish Hatchery, MT project; $2,000,000 for the Rural Mon-
tana, MT project; $1,000,000 for the Western Sarpy and 
Clear Creek, NE project; $1,000,000 for the Great Egg Har-
bor Inlet and Peck Beach, NJ project; $1,000,000 for the 
Hackensack-Meadowlands, Environmental Improvement, 
NJ project; $500,000 for the Passaic River Preservation of 
Natural Storage Areas, NJ project; $1,000,000 for the Pas-
saic River Streambank Restoration, (Minish Park), NJ
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project; $500,000 for the Dare County Beaches, Bodie Is-
land, NC project; $5,000,000 for the Wilmington Harbor, 
NC project; $3,000,000 for the Grand Forks, ND-East 
Grand Forks, MN project; $1,600,000 for the Tenkiller 
Ferry Lake, OK (Dam Safety) project; $5,000,000 for the 
Columbia River Channel Improvements, OR project; 
$5,000,000 for the Locks and Dams 2, 3, and 4, PA project; 
$3,000,000 for the Chief Joseph Dam Gas Abatement, WA 
project; $4,000,000 for the Marmet Lock, Kanawa River, 
WV project; and $2,366,000 for the Jackson Hole, WY 
project. 
SEC. 118. Section 560(f) of Public Law 106–53 is 
amended by striking ‘‘$5,000,000’’ and inserting in lieu 
thereof ‘‘$7,500,000’’. 
SEC. 119. Section 219(f) of the Water Resources Devel-
opment Act of 1992 (Public Law 102–580; 106 Stat. 4835), 
as amended by section 502(b) of the Water Resources Devel-
opment Act of 1999 (Public Law 106–53; 113 Stat. 335) 
and section 108(d) of title I of division B of the Miscella-
neous Appropriations Act, 2001 (as enacted by Public law 
106–554; 114 Stat. 2763A–220), is further amended by 
adding at the end the following: 
‘‘(71) 
CORONADO, 
CALIFORNIA.—$10,000,000 
may be authorized for wastewater infrastructure, 
Coronado, California.’’.
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SEC. 120. GREAT LAKES REMEDIAL ACTION PLANS 
AND SEDIMENT REMEDIATION PROGRAMS. Of the amounts 
made available by this title under the heading ‘‘GENERAL 
INVESTIGATIONS’’, not less than $1,500,000 may be 
available for Great Lakes remedial action plans and sedi-
ment remediation programs under section 401 of the Water 
Resources Development Act of 1990 (33 U.S.C. 1268 note; 
Public Law 101–640). 
SEC. 121. Section 592(g) of the Water Resources Devel-
opment Act of 1999 (Public Law 106–53; 113 Stat. 380) 
is amended by striking ‘‘$25,000,000 for the period begin-
ning with fiscal year 2000’’ and inserting ‘‘$100,000,000’’. 
SEC. 122. Of the funds made available under Oper-
ation and Maintenance, General, an additional $500,000 
may be made available to the Recreation Management Sup-
port Program to work with the International Mountain Bi-
cycling Association to design, build, and maintain trails 
at Corps of Engineers projects. 
SEC. 123. PARK RIVER, GRAFTON, NORTH DAKOTA. 
Section 364(5) of the Water Resources Development Act of 
1999 (113 Stat. 314) is amended—
(1) by striking ‘‘$18,265,000’’ and inserting 
‘‘$21,075,000’’; and 
(2) by striking ‘‘$9,835,000’’ and inserting 
‘‘$7,025,000’’.
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SEC. 124. SCHUYLKILL RIVER PARK, PHILADELPHIA, 
PENNSYLVANIA. The Secretary of the Army may provide 
technical, planning, design, and construction assistance for 
Schuylkill River Park, Philadelphia, Pennsylvania, in ac-
cordance with section 564(c) of the Water Resources Devel-
opment Act of 1996 (Public Law 104–303; 110 Stat. 3785), 
as contained in the May 2000 report of the Philadelphia 
District based on regional economic development benefits, 
at a Federal share of 50 percent and a non-Federal share 
of 50 percent. 
SEC. 125. GWYNNS FALLS WATERSHED, BALTIMORE, 
MARYLAND. The Secretary of the Army may implement the 
project for ecosystem restoration, Gwynns Falls, Maryland, 
in accordance with the Baltimore Metropolitan Water Re-
sources-Gwynns Falls Watershed Feasibility Report pre-
pared by the Corps of Engineers and the city of Baltimore, 
Maryland. 
SEC. 126. SNAKE RIVER CONFLUENCE INTERPRETA-
TIVE CENTER, CLARKSTON, WASHINGTON. (a) IN GEN-
ERAL.—The Secretary of the Army, acting through the Chief 
of Engineers (referred to in this section as the ‘‘Secretary’’) 
is authorized and may carry out a project to plan, design, 
construct, furnish, and landscape a federally owned and op-
erated Collocated Civil Works Administrative Building and 
Snake River Confluence Interpretative Center, as described
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in the Snake River Confluence Center Project Management 
Plan. 
(b) LOCATION.—The project—
(1) shall be located on Federal property at the 
confluence of the Snake River and the Clearwater 
River, near Clarkston, Washington; and 
(2) shall be considered to be a capital improve-
ment of the Clarkston office of the Lower Granite 
Project. 
(c) EXISTING STRUCTURES.—In carrying out the 
project, the Secretary may demolish or relocate existing 
structures. 
(d) COST SHARING.—
(1) TOTAL COST.—The total cost of the project 
shall not exceed $3,500,000 (excluding interpretative 
displays). 
(2) FEDERAL SHARE.—The Federal share of the 
cost of the project shall be $3,000,000. 
(3) NON-FEDERAL SHARE.—
(A) IN GENERAL.—The non-Federal share of 
the cost of the project—
(i) shall be $500,000; and 
(ii) may be provided—
(I) in cash; or
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(II) in kind, with credit accorded 
to the non-Federal sponsor for provi-
sion of all necessary services, replace-
ment facilities, replacement land (not 
to exceed 4 acres), easements, and 
rights-of-way acceptable to the Sec-
retary and the non-Federal sponsor. 
(B) INTERPRETIVE EXHIBITS.—In addition 
to the non-Federal share described in subpara-
graph (A), the non-Federal sponsor shall fund, 
operate, and maintain all interpretative exhibits 
under the project. 
SEC. 127. FLOOD DAMAGE REDUCTION, MILL CREEK, 
CINCINNATI, OHIO. Not later than 1 year after the date of 
enactment of this Act, the Secretary of the Army, acting 
through the Chief of Engineers, shall complete the general 
reevaluation report for the project for flood damage reduc-
tion, Mill Creek, Cincinnati, Ohio. 
SEC. 128. Of the funds made available under Construc-
tion, General, $1,500,000 may be made available for work 
to be carried out under section 560 of the Water Resources 
Development Act of 1999 (Public Law 106–53).
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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, $36,463,000, to remain avail-
able 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 car-
rying out related responsibilities of the Secretary of the In-
terior, $1,728,000, to remain available until expended. 
BUREAU OF RECLAMATION 
The following appropriations shall be expended to exe-
cute 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 activi-
ties, including the operation, maintenance, and rehabilita-
tion of reclamation and other facilities, participation in 
fulfilling related Federal responsibilities to Native Ameri-
cans, and related grants to, and cooperative and other 
agreements with, State and local governments, Indian 
tribes, and others, $859,517,000, to remain available until
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expended, of which $56,330,000 shall be available for trans-
fer to the Upper Colorado River Basin Fund and 
$33,570,000 shall be available for transfer to the Lower Col-
orado River Basin Development Fund; of which such 
amounts as may be necessary may be advanced to the Colo-
rado 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 in-
creased or decreased within the overall appropriation under 
this heading: Provided further, That of the total appro-
priated, the amount for program activities that can be fi-
nanced by the Reclamation Fund or the Bureau of Rec-
lamation 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 contrib-
uted: Provided further, That funds advanced under 43 
U.S.C. 397a shall be credited to this account and are avail-
able until expended for the same purposes as the sums ap-
propriated under this heading: Provided further, That 
funds available for expenditure for the Departmental Irri-
gation Drainage Program may be expended by the Bureau 
of Reclamation for site remediation on a non-reimbursable 
basis: Provided further, That section 301 of Public Law
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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’’: Provided further, 
That of the funds provided under this heading, an addi-
tional $5,000,000 may be available for the Mni Wiconi 
project, South Dakota. 
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 Reclamation 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 provi-
sions of the Central Valley Project Improvement Act, 
$39,600,000, to be derived from such sums as may be col-
lected in the Central Valley Project Restoration Fund pur-
suant 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 addi-
tional mitigation and restoration payments authorized by 
section 3407(d) of Public Law 102–575.
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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 expended, 
$54,425,000, 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: Provided further, That of this 
amount, sufficient funds may be available for the Secretary 
of the Interior, not later than 60 days after the last day 
of the fiscal year, to submit to Congress a report on the 
amount of acquisitions made by the Department of the Inte-
rior during such fiscal year of articles, materials, or sup-
plies that were manufactured outside the United States. 
Such report shall separately indicate the dollar value of any 
articles, materials, or supplies purchased by the Depart-
ment of the Interior that were manufactured outside the 
United States, an itemized list of all waivers under the Buy 
American Act (41 U.S.C. 10a et seq.) that were granted 
with respect to such articles, materials, or supplies, and a 
summary of total procurement funds spent on goods manu-
factured in the United States versus funds spent on goods 
manufactured outside of the United States. The Secretary
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of the Interior shall make the report publicly available by 
posting the report on an Internet website. 
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. In order to increase opportunities for Indian 
tribes to develop, manage, and protect their water resources, 
in fiscal year 2003 and thereafter, the Secretary of the Inte-
rior, acting through the Commissioner of the Bureau of Rec-
lamation, is authorized to enter into grants and cooperative 
agreements with any Indian tribe, institution of higher edu-
cation, national Indian organization, or tribal organiza-
tion pursuant to 31 U.S.C. 6301–6308. Nothing in this Act 
is intended to modify or limit the provisions of the Indian 
Self Determination Act (25 U.S.C. 45 et seq.). 
SEC. 202. (a) None of the funds appropriated or other-
wise 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
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the Interior and the State of California of a plan, which 
shall conform to the water quality standards of the State 
of California as approved by the Administrator of the Envi-
ronmental Protection Agency, to minimize any detrimental 
effect of the San Luis drainage waters. 
(b) The costs of the Kesterson Reservoir Cleanup Pro-
gram 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 Repay-
ment Plan’’ described in the report entitled ‘‘Repayment 
Report, Kesterson Reservoir Cleanup Program and San 
Joaquin Valley Drainage Program, February 1995’’, pre-
pared by the Department of the Interior, Bureau of Rec-
lamation. 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 reim-
bursable by San Luis Unit beneficiaries of such service or 
studies pursuant to Federal reclamation law. 
SEC. 203. 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
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compliance with the purchase requirements of section 202 
of Public Law 106–60. 
SEC. 204. Funds under this title for Drought Emer-
gency Assistance shall be made available primarily for leas-
ing of water for specified drought related purposes from 
willing lessors, in compliance with existing State laws and 
administered under State water priority allocation. Such 
leases may be entered into with an option to purchase: Pro-
vided, 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 pur-
chase is made. 
SEC. 205. (a) Notwithstanding any other provision of 
law, the Secretary of the Interior, acting through the Com-
missioner 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 reduce or reallocate water to be 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
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with the laws of the State of New Mexico, including but 
not limited to, permitting requirements. 
(b) Complying with the reasonable and prudent alter-
natives and the incidental take limits defined in the Bio-
logical Opinion 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. 
SEC. 206. 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 effi-
ciency and expediting the efforts of the Endangered Species 
Act Collaborative Program Workgroup, is directed to estab-
lish an executive committee of seven members consisting 
of—
(1) one member from the Bureau of Reclamation; 
(2) one member from the Fish and Wildlife Serv-
ice; and
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(3) one member at large representing each of the 
following six entities (selected at the discretion of the 
entity in consultation with the Bureau of Reclama-
tion and the Fish and Wildlife Service) currently 
participating as signatories to the existing Memo-
randum of Understanding: 
(A) other Federal agencies; 
(B) State agencies; 
(C) municipalities; 
(D) universities and environmental groups; 
and 
(E) business and industrial interests. 
(b) Formation of this committee shall occur not later 
than 45 days after enactment of this Act. 
(c) Fiscal year 2004 appropriations shall not be obli-
gated or expended prior to approval by the Committee of 
a detailed spending plan. 
SEC. 207. 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 Sec-
retary may hereafter conduct or contract for the design, con-
struction, testing and operation of the Tularosa Basin Na-
tional Desalination Research Facility.
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(b) The Tularosa Basin National Desalination Re-
search 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. 
SEC. 208. The Secretary of the Interior, in carrying 
out CALFED-related activities, may undertake feasibility 
studies for Sites Reservoir, Los Vaqueros Reservoir Enlarge-
ment, 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. 209. The Secretary of the Interior, acting through 
the Commissioner of the Bureau of Reclamation, is author-
ized 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 con-
structing 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
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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 re-
ceived from other Federal agencies: Provided further, That 
the cost of operating and maintaining such improvements 
shall be the responsibility of the non-Federal entity: Pro-
vided further, That this section shall not supercede any ex-
isting project-specific funding authority. The Secretary is 
also authorized to enter into grants or cooperative agree-
ments with universities or non-profit research institutions 
to fund water use efficiency research. 
SEC. 210. 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 Secretary’’ and 
(B) 
in 
subsection 
(e), 
by 
striking 
‘‘$300,000’’ and all that follows and inserting 
‘‘$2,000,000 for the Federal share of the activi-
ties authorized under this section’’; and
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(2) in section 104(b), by striking ‘‘cost-effective,’’ 
and all that follows and inserting ‘‘cost-effective.’’. 
SEC. 211. Notwithstanding the provisions of Title IV 
of Public Law 102–575 (106 STAT. 4648), the contribu-
tions of the Western Area Power Administration to the Utah 
Reclamation Mitigation and Conservation Account shall ex-
pire ten 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 subject 
to appropriations. After ten fiscal years from the date of 
enactment of this Act, the Utah Reclamation Mitigation 
and Conservation Commission is hereby authorized to uti-
lize interest earned and accrued to the Utah Reclamation 
Mitigation and Conservation Account. 
SEC. 212. That of the funds provided, an additional 
$3,000,000 shall be available for the Middle Rio Grande, 
New Mexico project and an additional $3,000,000 shall be 
available for the Lake Tahoe Regional Wetlands Develop-
ment project. 
SEC. 213. LOWER COLORADO RIVER BASIN DEVELOP-
MENT. (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 Develop-
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ment 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 pro-
visions of the stipulation referred to in subsection (a) are 
not met by the date that is 10 years after the date of enact-
ment of this Act, payments to the general fund of the Treas-
ury 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 may 
not be expended until further Act of Congress. 
SEC. 214. TUALATIN RIVER BASIN, OREGON. (a) AU-
THORIZATION TO CONDUCT FEASIBILITY STUDY.—The Sec-
retary of the Interior may conduct a Tualatin River Basin 
water supply feasibility study—
(1) to identify ways to meet future water supply 
needs for agricultural, municipal, and industrial 
uses;
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(2) to identify water conservation and water 
storage measures; 
(3) to identify measures that would—
(A) improve water quality; and 
(B) enable environmental and species pro-
tection; 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) FUNDING.—
(1) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out 
this section $2,900,000, to remain available until ex-
pended. 
SEC. 215. FACILITATION OF INDIAN WATER RIGHTS. 
The Secretary of the Interior may extend, on an annual
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basis, the repayment schedule of debt incurred under section 
9(d) of the Act of August 4, 1939 (43 U.S.C. 485h(d)) to 
facilitate Indian water rights settlements in the State of 
Arizona. 
SEC. 216. RESTORATION
OF FISH
AND WILDLIFE 
HABITAT
AND
PROVISION
OF
BOTTLED
WATER
FOR 
FALLON SCHOOLCHILDREN. (a) IN GENERAL.—In carrying 
out section 2507 of Public Law 101–171, the Secretary of 
the Interior, acting through the Commissioner of Reclama-
tion, shall—
(1) notwithstanding section 2507(b) of Public 
Law 101–171, provide $2,500,000 to the State of Ne-
vada to purchase water rights from willing sellers and 
make necessary improvements for Carson Lake and 
Pasture; 
(2) provide $100,000 to Families in Search of 
Truth, Fallon, Nevada, for the purchase of bottled 
water for schoolchildren in Fallon-area schools. 
(b) LIMITATION.—The funds specified to be provided 
in subsection (a)(1) shall only be provided by the Bureau 
of Reclamation when the title to Carson Lake and Pasture 
is conveyed to the State of Nevada; the waiver of section 
2507(b) of Public Law 101–171 shall only apply to water 
purchases for Carson Lake and Pasture.
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(c) ADMINISTRATION.—The Secretary of the Interior, 
acting through the Commissioner of Reclamation, may pro-
vide 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 101–
171. 
TITLE III 
DEPARTMENT OF ENERGY 
ENERGY PROGRAMS 
ENERGY SUPPLY 
For Department of Energy expenses including the pur-
chase, 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.), in-
cluding the acquisition or condemnation of any real prop-
erty or any facility or for plant or facility acquisition, con-
struction, or expansion, and the purchase of not to exceed 
12 passenger motor vehicles for replacement only, including 
two buses; $920,357,000, to remain available until ex-
pended, of which $400,000 may be made available to the 
Office of International Market Development to carry out a 
program to implement, and serve as an administrative cen-
ter in support of, the multi-agency Clean Energy Tech-
nology Exports Initiative, of which $3,000,000 may be
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available for the Navajo electrification demonstration pro-
gram under section 602 of Public Law 106–511 (114 Stat. 
2376): Provided, That of the funds made available for the 
Office of Electricity and Energy Assurance, the Office may 
provide grants to States and regional organizations to work 
with system operators, including regional transmission or-
ganizations and independent system operators, on trans-
mission system planning. The Office may require that 
grantees consider a full range of technology and policy op-
tions for transmission system planning, including energy 
efficiency at customer facilities and in transmission equip-
ment, customer demand response, distributed generation 
and advanced communications and controls: Provided fur-
ther, That of the funds made available for the Office of Elec-
tricity and Energy Assurance, the Office may develop re-
gional training and technical assistance programs for State 
regulators and system operators to improve operation of the 
electricity grid. 
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-defense 
environmental management site acceleration activities in 
carrying out the purposes of the Department of Energy Or-
ganization Act (42 U.S.C. 7101 et seq.), including the ac-
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quisition or condemnation of any real property or any fa-
cility or for plant or facility acquisition, construction, or 
expansion, $171,875,000, to remain available until ex-
pended. 
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 Atom-
ic Energy Act of 1954 and title X, subtitle A, of the Energy 
Policy Act of 1992, $396,124,000, to be derived from the 
Fund, to remain available until expended, of which 
$26,000,000 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 conducted as a re-
sult 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 acquisi-
tion of plant and capital equipment and other necessary 
expenses, $302,121,000, to remain available until expended.
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SCIENCE 
For Department of Energy expenses including the pur-
chase, construction and acquisition of plant and capital 
equipment, and other expenses necessary for science activi-
ties in carrying out the purposes of the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition or condemnation of any real property or 
facility or for plant or facility acquisition, construction, or 
expansion, and purchase of not to exceed 15 passenger 
motor vehicles for replacement only, including not to exceed 
one ambulance, $3,360,435,000, to remain available until 
expended, of which $3,000,000 may be available for a de-
fense and security research center. 
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 ex-
pansion, $140,000,000, to remain available until expended 
and to be derived from the Nuclear Waste Fund: Provided, 
That not to exceed $2,500,000 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 pur-
suant to the Nuclear Waste Policy Act of 1982, Public Law 
97–425, as amended: Provided further, That $7,000,000
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shall be provided to affected units of local governments, as 
defined in Public Law 97–425, to conduct appropriate ac-
tivities pursuant to the Act: Provided further, That the dis-
tribution 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 con-
tained in this Act: Provided further, That all proceeds and
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recoveries realized by the Secretary in carrying out activi-
ties 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 available 
until expended. 
DEPARTMENTAL ADMINISTRATION 
DEPARTMENTAL ADMINISTRATION 
(INCLUDING TRANSFER OF FUNDS) 
For salaries and expenses of the Department of Energy 
necessary for departmental administration in carrying out 
the purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the hire of passenger 
motor vehicles and official reception and representation ex-
penses (not to exceed $35,000), $309,564,000, to remain 
available until expended, plus such additional amounts as 
necessary to cover increases in the estimated amount of cost 
of work for others notwithstanding the provisions of the 
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, 
That such increases in cost of work are offset by revenue 
increases of the same or greater amount, to remain avail-
able until expended: Provided further, That moneys received 
by the Department for miscellaneous revenues estimated to 
total $146,668,000 in fiscal year 2004 may be retained and 
used for operating expenses within this account, and may
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remain available until expended, as authorized by section 
201 of Public Law 95–238, notwithstanding the provisions 
of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscella-
neous revenues received during fiscal year 2004, and any 
related unappropriated receipt account balances remaining 
from prior years’ miscellaneous revenues, so as to result in 
a final fiscal year 2004 appropriation from the General 
Fund estimated at not more than $162,896,000: Provided 
further, That of this amount, sufficient funds shall be avail-
able for the Secretary of Energy, not later than 60 days 
after the last day of the fiscal year, to submit to Congress 
a report on the amount of acquisitions made by the Depart-
ment of Energy during such fiscal year of articles, mate-
rials, or supplies that were manufactured outside the 
United States. Such report shall separately indicate the dol-
lar value of any articles, materials, or supplies purchased 
by the Department of Energy that were manufactured out-
side the United States, an itemized list of all waivers under 
the Buy American Act (41 U.S.C. 10a et seq.) that were 
granted with respect to such articles, materials, or supplies, 
and a summary of total procurement funds spent on goods 
manufactured in the United States versus funds spent on 
goods manufactured outside of the United States. The Sec-
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retary of Energy shall make the report publicly available 
by posting the report on an Internet website. 
OFFICE OF THE INSPECTOR GENERAL 
For necessary expenses of the Office of the Inspector 
General in carrying out the provisions of the Inspector Gen-
eral Act of 1978, as amended, $39,462,000, to remain avail-
able 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 Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation 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; 
$6,473,814,000, to remain available until expended: Pro-
vided, That the Secretary of Energy may use $1,000,000 
of available funds to preserve historical sites associated 
with, and other aspects of the history of, the Manhattan
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Project: Provided further, That $105,000,000 is authorized 
to be appropriated for Project 01–D–108, Microsystems and 
engineering sciences applications (MESA), Sandia Na-
tional 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 avail-
able 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 ac-
tivities, in carrying out the purposes of the Department of 
Energy Organization Act (42 U.S.C. 7101 et seq.), includ-
ing the acquisition or condemnation of any real property 
or any facility or for plant or facility acquisition, construc-
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tion, or expansion, $1,340,195,000, to remain available 
until expended. 
NAVAL REACTORS 
For Department of Energy expenses necessary for 
naval reactors activities to carry out the Department of En-
ergy Organization Act (42 U.S.C. 7101 et seq.), including 
the acquisition (by purchase, condemnation, construction, 
or otherwise) of real property, plant, and capital equip-
ment, facilities, and facility expansion, and the purchase 
of not to exceed one bus; $768,400,000, to remain available 
until expended. 
OFFICE OF THE ADMINISTRATOR 
For necessary expenses of the Office of the Adminis-
trator in the National Nuclear Security Administration, in-
cluding official reception and representation expenses (not 
to exceed $12,000), $337,980,000, 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 cap-
ital equipment and other expenses necessary for atomic en-
ergy defense site acceleration completion activities in car-
rying out the purposes of the Department of Energy Orga-
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nization Act (42 U.S.C. 7101 et seq.), including the acquisi-
tion or condemnation of any real property or any facility 
or for plant or facility acquisition, construction, or expan-
sion; $5,770,695,000, 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 tech-
nical 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 de-
fense-related environmental services activities that indi-
rectly support the accelerated cleanup and closure mission 
at environmental management sites, including the pur-
chase, construction, and acquisition of plant and capital 
equipment and other necessary expenses, and the purchase 
of not to exceed one ambulance for replacement only, 
$987,679,000, to remain available until expended. 
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 en-
ergy 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 con-
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demnation of any real property or any facility or for plant 
or 
facility 
acquisition, 
construction, 
or 
expansion, 
$492,209,000, to remain available until expended: Pro-
vided, That from the funds made available under this head-
ing for transfer to the National Institute for Occupational 
Safety and Health for epidemiological research, $7,500,000 
shall be transferred to include projects to conduct epidemio-
logical research and carry out other activities to establish 
the scientific link between radiation exposure and the occur-
rence of chronic lymphocytic leukemia. 
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 ex-
pansion, $285,000,000, to remain available until expended. 
POWER MARKETING ADMINISTRATIONS 
BONNEVILLE POWER ADMINISTRATION FUND 
Expenditures from the Bonneville Power Administra-
tion 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 obliga-
tions may be made.
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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 ap-
plied to the southeastern power area, $5,100,000, to remain 
available until expended; in addition, notwithstanding the 
provision of 31 U.S.C. 3302, up to $34,400,000 collected 
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 collec-
tions, to remain available until expended for the sole pur-
pose 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 recep-
tion and representation expenses in an amount not to ex-
ceed $1,500 in carrying out the provisions of section 5 of 
the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
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to the southwestern power area, $28,600,000, to remain 
available until expended; in addition, notwithstanding 31 
U.S.C. 3302, beginning in fiscal year 2004 and thereafter, 
such funds as are received by the Southwestern Power Ad-
ministration from any State, municipality, corporation, 
association, firm, district, or individual as advance pay-
ment for work that is associated with Southwestern’s trans-
mission facilities, consistent with that authorized in section 
5 of the Flood Control Act, shall be credited to this account 
and be available until expended: Provided, That notwith-
standing the provision of 31 U.S.C. 3302, up to $2,800,000 
collected by the Southwestern Power Administration pursu-
ant to the Flood Control Act to recover purchase power and 
wheeling expenses shall be credited to this account as offset-
ting collections, to remain available until expended for the 
sole purpose of making purchase power and wheeling ex-
penditures. 
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
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until expended, of which $167,236,000 shall be derived from 
the Department of the Interior Reclamation Fund: Pro-
vided, That of the amount herein appropriated, $6,200,000 
is for deposit into the Utah Reclamation Mitigation 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, up to $186,100,000 collected by the Western 
Area Power Administration pursuant to the Flood Control 
Act of 1944 and the Reclamation Project Act of 1939 to 
recover purchase power and wheeling expenses shall be cred-
ited to this account as offsetting collections, to remain avail-
able 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 transmission study on the placement of 500 megawatt 
wind energy in North Dakota and South Dakota may be 
nonreimbursable: Provided further, That, in accordance 
with section 203 of the Colorado River Basin Salinity Con-
trol Act (43 U.S.C. 1593), electrical power supply and de-
livery assistance may be provided to the local distribution 
utility as required to maintain proper voltage levels at the 
Big Sandy River Diffuse Source Control Unit.
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FALCON AND AMISTAD OPERATING AND MAINTENANCE 
FUND 
For operation, maintenance, and emergency costs for 
the hydroelectric 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 Administra-
tion, 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, 
the hire of passenger motor vehicles, and official reception 
and representation expenses (not to exceed $3,000), 
$199,400,000, to remain available until expended: Pro-
vided, That notwithstanding any other provision of law, not 
to exceed $199,400,000 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
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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 
Development Appropriation Acts, $15,329,000 of unex-
pended balances of prior appropriations are rescinded: Pro-
vided, 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 Pri-
vatization (OR–674). 
GENERAL PROVISIONS 
SEC. 301. (a) None of the funds appropriated by this 
Act may be used to award a management and operating 
contract, or a contract for environmental remediation or 
waste management in excess of $100,000,000 in annual 
funding at a current or former management and operating 
contract site or facility, or award a significant extension 
or expansion to an existing management and operating 
contract, or other contract covered by this section, 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.
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(b) Within 30 days of formally notifying an incumbent 
contractor that the Secretary intends to grant such a waiv-
er, the Secretary shall submit to the Subcommittees on En-
ergy and Water Development of the Committees on Appro-
priations of the House of Representatives and the Senate 
a report notifying the Subcommittees of the waiver and set-
ting 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 En-
ergy, 
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 $12,321,000 made available 
for obligation by this Act for severance payments and other 
benefits and community assistance grants under section 
3161 of the National Defense Authorization Act for Fiscal
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Year 1993 (Public Law 102–484; 42 U.S.C. 7274h) unless 
the Department of Energy submits a reprogramming re-
quest subject to approval by the appropriate congressional 
committees. 
SEC. 304. None of the funds appropriated by this Act 
may be used to prepare or initiate Requests For Proposals 
(RFPs) for a program if the program has not been funded 
by Congress. 
(TRANSFERS OF UNEXPENDED BALANCES) 
SEC. 305. The unexpended balances of prior 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 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 Administra-
tion may be used to enter into any agreement to perform 
energy efficiency services outside the legally defined Bonne-
ville service territory, with the exception of services provided 
internationally, including services provided on a reimburs-
able basis, unless the Administrator certifies in advance 
that such services are not available from private sector busi-
nesses.
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SEC. 307. The Administrator of the National Nuclear 
Security Administration may authorize the plant manager 
of a covered nuclear weapons production plant to engage 
in research, development, and demonstration activities with 
respect to the engineering and manufacturing capabilities 
at such plant in order to maintain and enhance such capa-
bilities at such plant: Provided, That of the amount allo-
cated to a covered nuclear weapons production plant 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 
production plant’’ 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. 
SEC. 308. 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 au-
thorized by the Congress for purposes of section 504 of the
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National Security Act of 1947 (50 U.S.C. 414) during fiscal 
year 2004 until the enactment of the Intelligence Authoriza-
tion Act for fiscal year 2004. 
SEC. 309. None of the funds in this Act may be used 
to dispose of transuranic waste in the Waste Isolation Pilot 
Plant which contains 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 mate-
rial categories of transuranic waste at the Rocky Flats En-
vironmental 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 Pluto-
nium Residues and Scrub Alloy Stored at the Rocky Flats 
Environmental Technology Site’’. 
SEC. 310. (a) The Secretary of Energy is directed to 
file a permit modification to the Waste Analysis Plan 
(WAP) and associated provisions contained in the Haz-
ardous Waste Facility Permit for the Waste Isolation Pilot 
Plant (WIPP). For purposes of determining compliance of 
the modifications to the WAP with the hazardous 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
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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 statis-
tically 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 hazardous 
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 airborne volatile organic compounds in under-
ground disposal rooms in which waste has been emplaced 
until panel closure. 
SEC. 311. 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 shall be considered ‘‘byproduct material’’ as de-
fined 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’’ in 
the event that the Department of Energy proposes to dispose 
of the material in an NRC-regulated or Agreement State-
regulated facility.
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SEC. 312. CORPS OF ENGINEERS HYDROPOWER OPER-
ATION AND MAINTENANCE FUNDING. (a) Notwithstanding 
31 U.S.C. 3302 and the last sentence of section 5 of the 
Flood Control Act of 1944 (16 U.S.C. 825s) and subject to 
(d), the Secretary of Energy shall collect fees, as offsetting 
collections, in the amount of $145,000,000, pursuant to 
those acts which authorize Southeastern Power Administra-
tion, Southwestern Power Administration, and Western 
Power Administration to collect revenues for power pro-
vided. The Secretary of Energy shall make the collection 
available to the Secretary of the Army hereafter referred to 
as ‘‘the Secretary’’. 
(b) The Secretary shall accept funds made available 
pursuant to subsection (a) and shall use such funds for Con-
struction, General. The funds provided under this section 
shall remain available until expended. 
(c) Subsection (b) of this section shall be carried out 
in consultation with preference customers under Federal 
law to the marketing of power. 
(d) This section shall become effective only upon the 
enactment of authorizing legislation changing the nature of 
receipts collected by Southeastern Power Administration, 
Southwestern Power Administration, and the Western Area 
Power Administration by making the collection of not less
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than $145,000,000 of such receipts in fiscal year 2004 sub-
ject to approval in an annual appropriations Act. 
SEC. 313. No funds appropriated or otherwise made 
available to the Department of Energy by this Act may be 
available for activities at the engineering development 
phases, phase 3 or 6.3, or beyond, in support of advanced 
nuclear weapons concepts, including the robust nuclear 
earth penetrator. 
SEC. 314. No funds appropriated or otherwise made 
available under this title under the heading ‘‘ATOMIC EN-
ERGY DEFENSE ACTIVITIES’’ may be obligated or ex-
pended 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 unclassi-
fied form, but may include a classified annex. 
SEC. 315. MARTIN’S COVE LEASE. (a) DEFINITIONS.—
In this section: 
(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.
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(2) CORPORATION.—The term ‘‘Corporation’’ 
means the Corporation 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 de-
picted 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 may 
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 histor-
ical site. 
(2) TERMS AND CONDITIONS.—
(A) SURVEY.—As a condition of the agree-
ment under paragraph (1), the Corporation shall 
provide a boundary survey to the Secretary, ac-
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ceptable 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 Corporation shall enter into a lease cov-
enant, binding on any successor or assignee 
that ensures that, consistent with the his-
toric purposes of the site, public access will 
be provided across private land owned by 
the Corporation to Martin’s Cove and Dev-
il’s Gate. Access shall—
(I) ensure public visitation for 
historic, educational and scenic pur-
poses 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 Mar-
tin’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
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environmental and historic values of 
the resource at Martin’s Cove or at 
such times as necessitated by weather 
conditions, matters 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 visitors to the 
leasehold. 
(D) 
ARCHAEOLOGICAL
PRESERVATION.—
The Corporation shall have the obligation to pro-
tect and maintain any historical or archae-
ological artifacts discovered or otherwise identi-
fied at Martin’s Cove. 
(E) VISITATION
GUIDELINES.—The Cor-
poration may establish, in consultation with the 
BLM, visitation guidelines with respect to such 
issues as firearms, alcoholic beverages, and con-
trolled substances and conduct consistent 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, termi-
nation, or other taking in the event any sur-
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rounding area is subsequently designated as a 
wilderness or other protected areas. The lease 
shall contain a provision limiting the ability of 
the Secretary from administratively placing 
Martin’s Cove in a restricted land management 
status such as a Wilderness Study Area. 
(G) RIGHT OF FIRST REFUSAL.—The Cor-
poration 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
PAY-
MENTS.—The Corporation shall make lease pay-
ments which reflect the fair market rental value 
of the public lands to be leased, provided how-
ever, such lease payments shall be offset by value 
of the public easements granted by the Corpora-
tion to the Secretary across private lands owned 
by the Corporation 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 parties.
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(c) MINERAL WITHDRAWAL.—The Secretary shall re-
tain the subsurface mineral estate under the leasehold, pro-
vided that the leased lands shall be withdrawn from all 
forms of entry, appropriations, or disposal under the public 
land laws and disposition under all laws relating to oil 
and gas leasing. 
(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 pro-
vided 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. 316. (a) MEMORANDUM OF AGREEMENT.—Not 
later than 45 days after the date of enactment of this Act, 
the Secretary of Energy and the Secretary of Labor shall
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enter into a Memorandum of Agreement (referred to in this 
section as the ‘‘MOA’’) under which the Secretary of Labor 
shall agree to provide technical and managerial assistance 
pursuant to subtitle D of the Energy Employees Occupa-
tional Illness Compensation Program Act of 2000 (42 
U.S.C. 7385o et seq.). 
(b) REQUIREMENT.—Under the MOA entered into 
under subsection (a), the Secretary of Labor shall, not later 
than 90 days after the date of enactment of this Act, assume 
management and operational responsibility for the develop-
ment and preparation of claims filed with the Department 
of Energy under subtitle D of the Energy Employees Occu-
pational Illness Compensation Program Act of 2000 (42 
U.S.C. 7385o et seq.), consistent with the regulations under 
part 852 of title 10, Code of Federal Regulations, including 
the development of information necessary for the informed 
consideration of such claims by a physicians panel (which 
shall include work histories, medical records, and exposure 
assessments with respect to toxic substances). 
(c) PROCUREMENT OF SERVICES.—The Secretary of 
Labor may procure temporary services in carrying out the 
duties of the Secretary under the MOA. 
(d) DUTIES OF SECRETARY OF ENERGY.—Under the 
MOA entered into under subsection (a), the Secretary of En-
ergy shall—
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(1) consistent with subtitle D of the Energy Em-
ployees Occupational Illness Compensation Program 
Act of 2000 (42 U.S.C. 7385o et seq.), manage physi-
cian panels and secure necessary records in response 
to requests from the Secretary of Labor; and 
(2) subject to the availability of appropriations, 
transfer funds pursuant to requests by the Secretary 
of Labor. 
(e) SUBMISSION TO CONGRESS.—The MOA entered 
into under subsection (a) shall be submitted to the appro-
priate committees of Congress and made available to the 
general public in both printed and electronic forms. 
SEC. 317. REINSTATEMENT AND TRANSFER OF THE 
FEDERAL LICENSE FOR PROJECT NO. 2696. (a) DEFINI-
TIONS.—
(1) 
COMMISSION.—The 
term 
‘‘Commission’’ 
means the Federal 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.—Notwith-
standing section 8 of the Federal Power Act (16 U.S.C. 801) 
or any other provision of that Act, the Commission shall,
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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 entitled 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 
preliminary permit to the town and any consideration of 
municipal preference, 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 pro-
grams for the reimbursement of the costs of any feasibility 
studies and project costs incurred during the period begin-
ning 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.
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SEC. 318. REPORT ON EXPENDITURES FOR THE EN-
ERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION 
ACT. Not later than 180 days after the date of enactment 
of this Act, the Secretary of Energy shall submit to the Com-
mittee on Energy and Natural Resources of the Senate and 
the Committee on Energy and Commerce of the House of 
Representatives a report on administrative expenditures of 
the Secretary for the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 7384 
et seq.). 
TITLE IV 
INDEPENDENT AGENCIES 
APPALACHIAN REGIONAL COMMISSION 
For expenses necessary to carry out the programs au-
thorized by the Appalachian Regional Development Act of 
1965, as amended, for necessary expenses for the Federal 
Co-Chairman and the alternate on the Appalachian Re-
gional Commission, for payment of the Federal share of the 
administrative expenses of the Commission, including serv-
ices as authorized by 5 U.S.C. 3109, and hire of passenger 
motor vehicles, $71,145,000, to remain available until ex-
pended.
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DEFENSE NUCLEAR FACILITIES SAFETY BOARD 
SALARIES AND EXPENSES 
For necessary expenses of the Defense Nuclear Facili-
ties 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, notwith-
standing sections 382C(b)(2), 382F(d), and 382M(b) of said 
Act, $7,000,000, 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, $48,500,000, to 
remain available until expended. 
NUCLEAR REGULATORY COMMISSION 
SALARIES AND EXPENSES 
For necessary expenses of the Commission in carrying 
out the purposes of the Energy Reorganization Act of 1974, 
as amended, and the Atomic Energy Act of 1954, as amend-
ed, including official representation expenses (not to exceed
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$15,000), and purchase of promotional items for use in the 
recruitment of individuals for employment, $618,800,000, 
to remain available until expended: Provided, That of the 
amount appropriated herein, $33,100,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That reve-
nues from licensing fees, inspection services, and other serv-
ices and collections estimated at $538,844,000 in fiscal year 
2004 shall be retained and used for necessary salaries and 
expenses in this account, notwithstanding 31 U.S.C. 3302, 
and shall remain available until expended: Provided fur-
ther, 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 esti-
mated at not more than $79,956,000. 
OFFICE OF INSPECTOR GENERAL 
For necessary expenses of the Office of Inspector Gen-
eral in carrying out the provisions of the Inspector General 
Act of 1978, as amended, $7,300,000, to remain available 
until expended: Provided, That revenues from licensing fees, 
inspection services, and other services and collections esti-
mated 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