H. R. 2754
One Hundred Eighth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the seventh day of January, two thousand and three
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 Representatives 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:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to rivers and harbors, flood control, shore
protection, aquatic ecosystem 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, miscellaneous investigations, and,
when authorized by law, surveys and detailed studies and plans
and specifications of projects prior to construction, $116,949,000,
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: Provided further, That
in conducting the Southwest Valley Flood Damage Reduction Study,
Albuquerque, 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 fre-
quency 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 directed to use $250,000 for
preconstruction engineering and design of Waikiki Beach, Oahu,
H. R. 2754—2
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 $100,000 for the continu-
ation and completion of feasibility studies of Kihei Beach, Maui,
Hawaii: Provided further, That any recommendations for a National
Economic Development Plan shall be accepted notwithstanding the
extent 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, aquatic ecosystem restoration, and related projects
authorized by law; and detailed studies, and plans and specifica-
tions, of projects (including those for development with participation
or under consideration for participation by States, local govern-
ments, or private groups) authorized or made eligible for selection
by law (but such studies shall not constitute a commitment of
the Government to construction), $1,722,319,000, to remain avail-
able until expended, of which such sums as are necessary to cover
the Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived from
the Harbor Maintenance Trust Fund as 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 Waterways
Trust Fund, for one-half of the costs of construction and rehabilita-
tion of inland waterways projects, including rehabilitation costs
for Lock and Dam 11, Mississippi River, Iowa; Lock and Dam
19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River,
Illinois and Missouri; and Lock and Dam 3, Mississippi River,
Minnesota: Provided, That using $9,280,000 of the funds appro-
priated herein, the Secretary of the Army, acting through the Chief
of Engineers, is directed to continue construction of the Dallas
Floodway Extension, Texas, project, including the Cadillac Heights
feature, generally in accordance with the Chief of Engineers report
dated December 7, 1999: Provided further, That the Secretary of
the Army is directed to accept advance funds, pursuant to section
11 of the River and Harbor Act of 1925, from the non-Federal
sponsor of the Los Angeles Harbor, California, project authorized
by section 101(b)(5) of Public Law 106–541: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers,
is directed to use $750,000 of the funds provided herein to continue
construction of the Hawaii Water Management Project: Provided
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 the 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 Engi-
neers, is directed to proceed with the construction of the New
York and New Jersey Harbor project, 50-foot deepening element,
upon execution of the Project Cooperation Agreement: Provided
H. R. 2754—3
further, That no funds made available under this Act or any other
Act for any fiscal year may be used by the Secretary of the Army
to carry out the construction of the 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
commitments 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 available 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 materials
indicating that the waters entering the A.R.M. Loxahatchee
National Wildlife Refuge and Everglades National Park do not
meet the water quality requirements set forth in the Consent Decree
entered in United States v. South Florida Water Management Dis-
trict; (2) the State fails to submit a satisfactory plan to bring
the waters 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 report containing
a finding that the State has not submitted such a plan; and (4)
either the Committee on Appropriations of the House of Representa-
tives or the Senate issues 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 opportunity to respond to any determination of the Secretary
under the preceding proviso before the determination becomes final:
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, engineering, design
or construction of the Grundy, Buchanan County, and Dickenson
County, Virginia, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River Project: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $5,400,000 of the funds appropriated
herein to proceed with the planning, engineering, design or
construction of the Lower Mingo County, Upper Mingo County,
Wayne County, McDowell County, West Virginia, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper Cum-
berland River Project: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to continue
the Dickenson County Detailed Project Report as generally defined
in Plan 4 of the Huntington District Engineer’s Draft Supplement
to the section 202 General Plan for Flood Damage Reduction dated
April 1997, including all Russell Fork tributary streams within
the County and special considerations as may be appropriate to
address the unique relocations and resettlement needs for the flood
prone communities within the County: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to proceed with the construction of the Seward Harbor,
Alaska, project, in accordance with the Report of the Chief of
Engineers, dated June 8, 1999, and the economic justification con-
tained therein: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed and authorized
to continue the work to replace and upgrade the dam and all
H. R. 2754—4
connections to the existing system at Kake, Alaska: Provided fur-
ther, 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 Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use $33,400,000 of the funds appropriated
herein for the Clover Fork, City of Cumberland, Town of Martin,
Pike County (including Levisa Fork and Tug Fork Tributaries),
Bell County, Harlan County in accordance with the Draft Detailed
Project Report dated January 2002, Floyd County, Martin County,
Johnson County, and Knox County, Kentucky, detailed project
report, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use funds appropriated for the navigation project,
Tampa Harbor, Florida, to carry out, as part of the project, construc-
tion of passing lanes in an area approximately 3.5 miles long,
centered on Tampa Bay Cut B, if the Secretary determines that
such construction is technically sound, environmentally acceptable,
and cost effective: Provided further, That using $200,000 appro-
priated herein, the Secretary of the Army, acting through the Chief
of Engineers, may develop an environmental impact statement for
introducing non-native oyster species into the Chesapeake Bay:
Provided further, That 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 environmental impact statement:
Provided further, That in addition, the Secretary shall give consider-
ation to the findings and recommendations of the National Academy
of Sciences report on the introduction of non-native oyster species
into the Chesapeake Bay in the preparation of the environmental
impact statement: Provided further, That notwithstanding the cost
sharing provisions of section 510(d) of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3760), the preparation of the environ-
mental impact statement shall be cost shared 50 percent Federal
and 50 percent non-Federal, for an estimated cost of $2,000,000:
Provided further, That the non-Federal sponsors may meet their
50 percent matching cost share through in-kind services: Provided
further, That the Secretary determines that work performed by
the non-Federal sponsors is reasonable, allowable, allocable, and
integral to the development of the environmental impact statement:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to construct the Miami Harbor
project, as recommended in the Miami Harbor Letter Report dated
August 2002, as revised February 2003: Provided further, That
using $500,000 of the funds appropriated herein, the Secretary
of the Army, acting through the Chief of Engineers, is authorized
and directed to plan, design, and initiate reconstruction of the
Cape Girardeau, Missouri, project, originally authorized by the
Flood Control Act of 1950, at an estimated total cost of $9,000,000,
with cost sharing on the same basis as cost sharing for the project
as originally authorized, if the Secretary determines that the
reconstruction is technically sound and environmentally acceptable:
Provided further, That the planned reconstruction shall be based
on the most cost-effective engineering solution and shall require
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no further economic justification: Provided further, That the Sec-
retary is directed to use $5,000,000 of the funds appropriated herein
to undertake the restoration of Tar Creek and Vicinity, Oklahoma,
project.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, IL-
LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN-
NESSEE
For expenses necessary for the flood damage reduction program
for the Mississippi River alluvial valley below Cape Girardeau,
Missouri, as authorized by law, $324,222,000, to remain available
until expended: Provided, 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
activities and to initiate the pump supply contract for the Yazoo
Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided fur-
ther, That the pump supply contract shall be performed 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 directed, with funds previously appropriated, to
continue construction of water withdrawal features of the Grand
Prairie, Arkansas, project.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects; for providing
security for infrastructure owned and operated by, or on behalf
of, the United States Army Corps of Engineers, including adminis-
trative buildings and facilities, laboratories, and the Washington
Aqueduct; for the maintenance of harbor channels provided by
a State, municipality, or other public agency that serve essential
navigation needs of general commerce, where authorized by law;
and for surveys and charting of northern and northwestern lakes
and connecting waters, clearing and straightening channels, and
removal of obstructions to navigation, $1,967,925,000, 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 United States
Army Corps of Engineers established by the Land and Water Con-
servation Act of 1965, as amended (16 U.S.C. 460l–6a(i)), may
be derived from that account for resource protection, research,
interpretation, and maintenance activities 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 maintenance
of the dredged material disposal facilities for which fees have been
collected: Provided, That of funds appropriated herein, for the Intra-
coastal Waterway, Delaware River to Chesapeake Bay, Delaware
and Maryland, 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
H. R. 2754—6
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 con-
tinue maintenance dredging of the Federal channel: Provided fur-
ther, 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 Government, for
use by the non-Federal sponsor in the development of public facili-
ties: Provided further, That the Corps of Engineers shall not allocate
any funds to deposit dredged material along the Laguna Madre
portion of the Gulf Intracoastal Waterway except at the placement
areas specified in the Dredged Material Management Plan in section
2.11 of the Final Environmental Impact Statement for Maintenance
Dredging of the Gulf Intracoastal Waterway, Laguna Madre, Texas,
Nueces, Kleberg, Kenedy, Willacy, and Cameron Counties, Texas,
prepared by the Corps of Engineers dated September 2003: Provided
further, That nothing in the above proviso shall prevent the Corps
of Engineers from performing necessary maintenance operations
along the Gulf Intracoastal Waterway if the following conditions
are met: if the Corps proposes to use any placement areas that
are not currently specified in the Dredged Material Management
Plan and failure to use such alternative placement areas will result
in the closure of any segment of the Gulf Intracoastal Waterway,
then such proposal shall be analyzed in an Environmental Impact
Statement (EIS) and comply with all other applicable requirements
of the National Environmental Policy Act, 42 U.S.C. 4321, et seq.,
and all other applicable State and Federal laws, including the
Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered Species
Act, 16 U.S.C. 1531 et seq., and the Coastal Zone Management
Act, 16 U.S.C. 1451 et seq.: Provided further, That $15,000,000
is provided to be used by the Secretary of the Army, acting through
the Chief of Engineers, to repair, restore, 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 protection, restore other crucial public infrastructure
(including water and sewer facilities), document flood impacts, and
undertake other flood recovery efforts considered necessary by the
Chief of Engineers: Provided further, That the Secretary of the
Army is directed to use $75,000 of the funds appropriated herein
to remove the weir feature of the project for flood damage reduction,
Mayfield Creek and Tributaries, Kentucky, constructed pursuant
to section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),
without any further environmental or economic analysis or study:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $250,000 of the funds
appropriated herein for sediment removal and dam repair at
Junaluska, North Carolina.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $140,000,000, to
remain available until expended.
H. R. 2754—7
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $140,000,000, to remain
available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and related
civil works functions in the headquarters of the United States
Army Corps of Engineers, the offices of the Division Engineers,
the Humphreys Engineer Center Support Activity, the Institute
for Water Resources, the United States Army Engineer Research
and Development Center, and the United States Army Corps of
Engineers Finance Center, $160,000,000, to remain available until
expended: Provided, That no part of any other appropriation pro-
vided 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 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 official recep-
tion 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 passenger 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; 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 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 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 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 or any other
Act may be used by the United States Army Corps of Engineers
to support activities related to the proposed Ridge Landfill in
Tuscarawas County, Ohio.
SEC. 103. 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 missions, functions,