IB 
Union Calendar No. 118
108TH CONGRESS 
1ST SESSION H. R. 2754
[Report No. 108–212] 
Making appropriations for energy and water development for the fiscal year 
ending September 30, 2004, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 16, 2003
Mr. HOBSON, from the Committee on Appropriations, reported the following 
bill; which was committed to the Committee of the Whole House on the 
State of the Union and ordered to be printed 
A BILL 
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 
none of the funds appropriated in this Act for the preser-
vation and restoration of the Florida Everglades shall be 
made available for expenditure unless the Secretary of the 
Army certifies that the water entering the A.R.M. 
Loxahatchee National Wildlife Refuge and Everglades Na-
tional Park meets the water quality requirements set forth 
in the Consent Decree entered in United States v. South 
Florida Water Management District. This certification 
may be made by letter, with all necessary supporting docu-
mentation, as soon as possible, but in no case later than 
30 days after this Act becomes effective.
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.
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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 
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
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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.
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
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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-
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
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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-
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.
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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-
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.
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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 
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:
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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 
$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-
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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 
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.
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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 
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-
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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 
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-
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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 
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
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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 
$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
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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 
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.
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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.
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
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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-
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-
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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-
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
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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 
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
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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 
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.
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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; 
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-
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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.
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
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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 
equipment and other necessary expenses, and the purchase 
of not to exceed one ambulance for replacement only, 
$990,179,000, 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 
energy defense, other defense activities, in carrying out the 
purposes of the Department of Energy Organization Act 
(42 U.S.C. 7101 et seq.), including the acquisition or con-
demnation of any real property or any facility or for plant 
or facility acquisition, construction, or expansion, 
$666,516,000, to remain available until expended.
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DEFENSE NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the 
purposes of Public Law 97–425, as amended, including 
the acquisition of real property or facility construction or 
expansion, $430,000,000, to remain available until ex-
pended. 
CERRO GRANDE FIRE ACTIVITIES 
(RESCISSION) 
From unobligated balances under this heading, 
$75,000,000 are cancelled.
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-
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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.
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
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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 
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
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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.
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-
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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-
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
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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 
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.
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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 
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-
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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-
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-
HR 2754 RH 
(2) the Y–12 Plant, Oak Ridge, Tennessee; 
(3) the Pantex Plant, Amarillo, Texas; 
(4) the Savannah River Plant, South Carolina; 
and 
(5) the Nevada Test Site.
SEC. 309. Funds appropriated by this or any other 
Act, or made available by the transfer of funds in this 
Act, for intelligence activities are deemed to be specifically 
authorized by the Congress for purposes of section 504 
of the National Security Act of 1947 (50 U.S.C. 414) dur-
ing fiscal year 2004 until the enactment of the Intelligence 
Authorization Act for fiscal year 2004. 
SEC. 310. Notwithstanding the provisions of any 
other law, using funds appropriated in this title, the Sec-
retary of Energy shall proceed with planning and analyses 
for external regulation of the Department’s laboratories 
under the Office of Science as directed in the report ac-
companying this bill.
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-
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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 
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
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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–
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. (a) PURCHASE
OF
AMERICAN-MADE 
EQUIPMENT AND PRODUCTS.—It is the sense of the Con-
gress that, to the greatest extent practicable, all equip-
ment and products purchased with funds made available 
in this Act should be American-made.
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(b) NOTICE REQUIREMENT.—In providing financial 
assistance to, or entering into any contract with, any enti-
ty using funds made available in this Act, the head of each 
Federal agency, to the greatest extent practicable, shall 
provide to such entity a notice describing the statement 
made in subsection (a) by the Congress. 
(c) PROHIBITION
OF CONTRACTS WITH PERSONS 
FALSELY LABELING PRODUCTS AS MADE IN AMERICA.—
If it has been finally determined by a court or Federal 
agency that any person 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 
pursuant to a transfer made by, or transfer authority pro-
vided in, this Act or any other appropriation Act.
This Act may be cited as the ‘‘Energy and Water De-
velopment Appropriations Act, 2004’’.
Union Calendar No. 118
108TH CONGRESS 
1ST SESSION 
H. R. 2754
[Report No. 108–212] 
A BILL 
Making appropriations for energy and water devel-
opment for the fiscal year ending September 30, 
2004, and for other purposes. 
JULY 16, 2003
Committed to the Committee of the Whole House on 
the State of the Union and ordered to be printed