IA 
108TH CONGRESS 
2D SESSION 
H. R. 4614 
IN THE SENATE OF THE UNITED STATES 
JULY 6, 2004 
Received; read twice and referred to the Committee on Appropriations 
AN ACT 
Making appropriations for energy and water development 
for the fiscal year ending September 30, 2005, 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
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money in the Treasury not otherwise appropriated, for the 
fiscal year ending September 30, 2005, 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 
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, aquat-
ic ecosystem restoration, and related purposes. 
GENERAL INVESTIGATIONS 
For expenses necessary for the collection and study 
of basic information pertaining to rivers and harbors, 
flood control, shore protection, storm damage reduction, 
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, $149,000,000, to re-
main available until expended: Provided, That for the 
Ohio Riverfront, Cincinnati, Ohio, project, the cost of 
planning and design undertaken by non-Federal interests
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shall be credited toward the non-Federal share of project 
design costs. 
CONSTRUCTION, GENERAL 
For expenses necessary for the prosecution of river 
and harbor, flood control, shore protection, storm damage 
reduction, and related projects authorized by law; and for 
conducting detailed studies, and plans and specifications, 
of such 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 detailed 
studies, and plans and specifications, shall not constitute 
a commitment of the Government to construction); 
$1,876,680,000, to remain available 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 au-
thorized 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 rehabilitation 
of inland waterways projects (including the rehabilitation 
costs for Lock and Dam 11, Mississippi River, Iowa; 
Lock and Dam 19, Mississippi River, Iowa; Lock and
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Dam 24, Mississippi River, Illinois and Missouri; and 
Lock and Dam 3, Mississippi River, Minnesota): Pro-
vided, That using $10,000,000 of the funds appropriated 
herein, the Secretary of the Army, acting through the 
Chief of Engineers, is directed to continue construction 
of the Dallas Floodway Extension, Texas, project, includ-
ing 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 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 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 construc-
tion of the Port Jersey element of the New York and 
New Jersey Harbor or reimbursement to the Local Spon-
sor for the construction of the Port Jersey element until 
commitments for construction of container handling fa-
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struction is technically sound and environmentally accept-
able: Provided further, That the planned reconstruction 
shall be based on the most cost-effective engineering solu-
tion and shall require no further economic justification: 
Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to proceed 
without further delay with work on the permanent bridge 
to replace Folsom Bridge Dam Road, Folsom, California, 
as authorized by the Energy and Water Development Ap-
propriations Act, 2004 (Public Law 108–137), and, of 
the $8,000,000 available for the American River Water-
shed (Folsom Dam Mini-Raise), California, project, up to 
$5,000,000 of those funds be directed for the permanent 
bridge, with all remaining devoted to the Mini-Raise. 
FLOOD
CONTROL,
MISSISSIPPI
RIVER
AND
TRIBU-
TARIES,
ARKANSAS,
ILLINOIS,
KENTUCKY,
LOU-
ISIANA, 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, 
$325,000,000, 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,
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and related projects; for providing security for infrastruc-
ture owned and operated by, or on behalf of, the United 
States Army Corps of Engineers, including administra-
tive buildings and facilities, laboratories, and the Wash-
ington Aqueduct; for the maintenance of harbor channels 
provided by a State, municipality, or other public agency 
that serve essential navigation needs of general com-
merce, where authorized by law; and for surveys and 
charting of northern and northwestern lakes and con-
necting waters, clearing and straightening channels, and 
removal of obstructions to navigation; $1,982,000,000, 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; 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 Conserva-
tion 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 re-
lated 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 De-
velopment Act of 1996, Public Law 104–303, shall be 
used to cover the cost of operation and maintenance of
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the dredged material disposal facilities for which fees 
have been collected: Provided, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed 
to use funds appropriated herein to rehabilitate the exist-
ing dredged material disposal site for the project for 
navigation, Bodega Bay Harbor, California, and to con-
tinue maintenance dredging of the Federal channel: Pro-
vided further, That the Secretary shall make suitable ma-
terial 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 facilities. 
REGULATORY PROGRAM 
For expenses necessary for administration of laws 
pertaining to regulation of navigable waters and wet-
lands, $140,000,000, to remain available until expended. 
FORMERLY UTILIZED SITES REMEDIAL ACTION 
PROGRAM 
For expenses necessary to clean up contamination at 
sites in the United States resulting from work performed 
as part of the Nation’s early atomic energy program, 
$190,000,000, to remain 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 United States Army Corps of Engineers, the offices 
of the Division Engineers, the Humphreys Engineer Cen-
ter Support Activity, the Institute for Water Resources, 
the United States Army Engineer Research and Develop-
ment Center, and the United States Army Corps of Engi-
neers Finance Center, $167,000,000, to remain available 
until expended: Provided, That no part of any other ap-
propriation provided in title I of this Act shall be avail-
able to fund the activities of the Office of the Chief of 
Engineers or the executive direction and management ac-
tivities 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. 
OFFICE OF ASSISTANT SECRETARY OF THE ARMY (CIVIL 
WORKS) 
For expenses necessary for the Office of Assistant 
Secretary of the Army (Civil Works), as authorized by 10 
U.S.C. 3016(b)(3), $2,600,000. 
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
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(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 (P.L. 64–291); section 
11 of the River and Harbor Act of 1925 (P.L. 68–585); 
the Civil Functions Appropriations Act, 1936 (P.L. 75– 
208); section 215 of the Flood Control, Act of 1968, as 
amended (P.L. 90–483); sections 104, 203, and 204 of 
the Water Resources Development Act of 1986, as 
amended (P.L. 99–662); section 206 of the Water Re-
sources Development Act of 1992, as amended (P.L. 
102–580); section 211 of the Water Resources Develop-
ment Act of 1996 (P.L. 104–303); and any other specific 
project authority, shall be limited to credits and reim-
bursements 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
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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 or 
any other Act shall be used to demonstrate or implement 
any plans divesting or transferring any Civil Works mis-
sions, functions, or responsibilities of the United States 
Army Corps of Engineers to other government agencies 
without specific direction in a subsequent Act of Con-
gress. 
SEC. 104. 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 Indian Run Sanitary Landfill in Sandy Town-
ship, Stark County, Ohio. 
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, $48,009,000 to remain 
available until expended, of which $15,469,000 shall be 
deposited into the Utah Reclamation Mitigation and Con-
servation Account for use by the Utah Reclamation Miti-
gation and Conservation Commission.