Energy and Water Development Appropriations Act, 2004

Bill: 108-hr-2754
Sponsor: Rep. Hobson, David L. [R-OH-7]
Introduced: 2003-07-16 in the House
Policy area: Economics and Public Finance
Subjects: Agriculture and Food
Animals
Appalachia
Appalachian Regional Commission
Appropriations
Aquatic ecology
Arizona
Arkansas
Armed Forces and National Security
Army Corps of Engineers
Buy American
California
Central Valley Reclamation Project (California)
Civil actions and liability
Coastal engineering
Coastal zone
Colorado
Colorado River development
Commemorations
Commerce
Competitive bidding
Congress
Congressional oversight
Congressional reporting requirements
Consent decrees
Construction costs
Dams
Defense Nuclear Facilities Safety Board
Department of Energy
Department of the Interior
Drainage
Dredging
East Asia
Electric power transmission
Emergency Management
Endangered species
Energy
Energy efficiency
Energy supplies
Environmental Protection
Everglades
Export controls
Federal Energy Regulatory Commission
Federal aid to Indians
Federal aid to water resources development
Federal-local relations
Federal-state relations
Flood control
Flood damage prevention
Florida
Foreign Trade and International Finance
Forest fires
Government Operations and Politics
Government lending
Government procurement
Government trust funds
Government vehicles
Governmental investigations
Harbors
Hazardous wastes
Illinois
Independent regulatory commissions
Infrastructure
Inland water transportation
Inspectors general
Irrigation
Kentucky
Labeling
Laboratories
Land transfers
Landfills
Law
Licenses
Louisiana
Maintenance and repair
Metropolitan areas
Military research
Minnesota
Minorities
Mississippi
Mississippi River
Missouri
Names
National forests
National parks
Navigation
Nevada
New Jersey
New Mexico
New York City
North Korea
Nuclear Regulatory Commission
Nuclear Waste Technical Review Board
Nuclear energy
Nuclear energy research
Nuclear exports
Nuclear facilities
Nuclear nonproliferation
Nuclear power plants
Nuclear reactors
Nuclear security measures
Nuclear weapons
Ohio
Pennsylvania
Power marketing administrations
Public Lands and Natural Resources
Radiation safety
Radioactive wastes
Railroad engineering
Regional economic development
Reprogramming of appropriated funds
Rescission of appropriated funds
Research and development
Research and development facilities
Reservoirs
Restoration ecology
Revolving funds
Rivers
Science, Technology, Communications
Shore protection
South Carolina
Technology transfer
Tennessee
Test facilities
Texas
Transportation and Public Works
Uranium enrichment
Urban affairs
Utah
Waste disposal sites
Water Resources Development
Water quality
Water supply
Waterfronts
Waterways
Wetlands
Wildlife refuges

Summary:
action_date: 2003-07-16
text: 
Energy and Water Development Appropriations Act, 2004 - Makes FY 2004 appropriations to the Department of the Army and its Corps of Engineers for: (1) civil functions relating to rivers and harbors, flood control; (2) river and harbor, flood control, shore protection and aquatic ecosystem restoration; (3) certain flood control projects on the Mississippi River and its tributaries (including Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee); (4) the navigable waters and wetlands regulatory program; (5) the formerly utilized sites remedial action program; and (6) flood control and coastal emergencies.
 
Makes FY 2004 appropriations to the Department of the Interior for: (1) the Central Utah Project; (2) the Bureau of Reclamation for water and related resources; and (3) the Central Valley Project Restoration Fund. 
Makes FY 2004 appropriations to the Department of Energy (DOE) for: (1) energy supply programs; (2) non-defense site acceleration completion; (3) non-defense environmental services (4) uranium enrichment decontamination and decommissioning; (5) general DOE science activities; (6) nuclear waste disposal; (7) DOE administration and its Office of the Inspector General; (8) atomic energy defense weapons; (9) defense nuclear nonproliferation; (10) naval reactors; (11) Office of the Administrator of the National Nuclear Security Administration; (12) defense site acceleration completion; (13) defense environmental services; (14) defense nuclear waste disposal; (15) geographical power marketing administrations of DOE (including hydroelectric facilities at the Falcon and Amistad Dams); and (16) the Federal Energy Regulatory Commission. 
Makes FY 2004 appropriations to: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) Delta Regional Authority; (4) the Nuclear Regulatory Commission and its Office of the Inspector General; and (5) the Nuclear Waste Technical Review Board.
action_date: 2003-07-16
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Energy and Water Development Appropriations Act, 2004 - 
Title I: Department of Defense - Civil
 - Makes FY 2004 appropriations to the Department of the Army and its Corps of Engineers for: (1) civil functions relating to rivers and harbors, flood control, shore protection, and aquatic ecosystem restoration; (2) certain flood control projects on the Mississippi River and its tributaries (including Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee); (3) the navigable waters and wetlands regulatory program; (4) the formerly utilized sites remedial action program; and (5) flood control and coastal emergencies.
 
 (Sec. 101) States that 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 shall be limited to specified credits and reimbursements per project. 
 
(Sec. 102) Bars funds from being used by the U.S. Army Corps of Engineers related to the proposed: (1) Ridge Landfill in Tuscarawas County, Ohio; or (2 ) Indian Run Sanitary Landfill in Sandy Township, Stark County, Ohio. 
 
(Sec. 104) Designates Lock and dam numbered 3 on the Allegheny River, Pennsylvania, as the C.W. Bill Young Lock and Dam. 
 

Title II: Department of the Interior
 - Makes FY 2004 appropriations to the Department of the Interior for the: (1) Utah Reclamation Mitigation and Conservation Commission; (2) Bureau of Reclamation targets that include water and related resources, loan program account, policy and administration; and (3) Central Valley Project Restoration Fund. 
 
(Sec. 201) Prohibits the use of any funds made available by this Act to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California have developed a plan which conforms to California water quality standards approved by the Administrator of the Environmental Protection Agency, in order to minimize any detrimental effect of the San Luis drainage waters. 
 
Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs as reimbursable or nonreimbursable and collected until fully repaid pursuant to the "Cleanup Program--Alternative Repayment Plan" and the "SJVDP--Alternative Repayment Plan" described in a specified report. 
 
(Sec.202) Bars funds from being 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 such purchase or lease is in compliance with the purchase requirements of specified law. 
 
(Sec. 203) Amends the Energy and Water Development Appropriations Act, 1991 to repeal the requirement that municipal and industrial water supply contracts with the Sacramento County Water Agency and the San Juan Suburban Water District include a specified determination of annual water needs.
 
(Sec. 204) Instructs the Secretary of the Interior to amend such Central Valley Project water supply contracts to reflect such repeal.
 
(Sec. 205) Prohibits funds from the Lower Colorado River Basin Development Fund from being paid to the general fund of the Treasury until each provision of a specified revised stipulation filed in a specified court case has been met. 
 

Title III: Department of Energy
 - Makes appropriations to the Department of Energy (DOE) for FY 2004 for: (1) energy supply programs; (2) non-defense management site acceleration activities; (3) non-defense environmental services; (4) uranium enrichment facility decontamination and decommissioning; (5) general DOE science activities; (6) nuclear waste disposal; (7) DOE administration; (8) Office of the Inspector General; (9) atomic energy defense weapons activities; (10) defense nuclear nonproliferation activities; (11) naval reactors activities; (12) Office of the Administrator of the National Nuclear Security Administration; (13) defense site acceleration completion activities; (14) defense environmental services; (15) other DOE defense activities; and (l6) defense nuclear waste disposal. 
 
Cancels specified unobligated balances for Cerro Grande fire activities.
 
Makes appropriations for FY 2004 for: (1) the various geographical power marketing administrations of DOE, and for the hydroelectric facilities at the Falcon and Amistad Dams of the Western Area Power Administration; and (2) the Federal Energy Regulatory Commission. 
 
(Sec. 301) Prohibits the use of appropriations to make payments for any management and operating contract unless it is awarded using competitive procedures, or the Secretary of Energy issues a notification of intent to use competitive procedures. 
 
(Sec. 302) Prohibits the use of appropriations under this Act to: (1) develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; (2) augment specified sums made available for obligation by this Act for severance payments and other specified benefits and community assistance grants unless DOE submits a reprogramming request subject to approval by the appropriate congressional committees; or (3) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.
 
(Sec. 306) Denies the use of any funds for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the Bonneville service territory (except those provided internationally) without certification that such services are not available from private sector businesses. 
 
(Sec. 307) Directs DOE to ensure broad public notice of the availability of a user facility, and to employ open competition in selecting a partner for such a facility. 
 
(Sec. 308) Limits the percentage of allocated funds expended for research, development, and demonstration activities regarding: (1) engineering and manufacturing capabilities at designated nuclear weapons production plants; and (2) operation and readiness of the Nevada Test Site.
 
(Sec. 309) Declares that 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 under the National Security Act of 1947 during FY 2004 until the enactment of the Intelligence Authorization Act for FY 2004.
 
(Sec. 310) Directs the Secretary of Energy to proceed with planning and analyses for external regulation of DOE laboratories under the Office of Science as directed in the report accompanying this bill.
 

Title IV: Independent Agencies
 - Makes appropriations for FY 2004 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) Delta Regional Authority; (4) the Nuclear Regulatory Commission; (5) the Office of the Inspector General; and (6) the Nuclear Waste Technical Review Board. 
 

Title V: General Provisions
 - (Sec. 502) Expresses the sense of Congress that all equipment and products bought with funds under this Act should be American-made. Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. Bars contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labeled products as made in America.

action_date: 2003-07-18
text: 
Energy and Water Development Appropriations Act, 2004 - 
Title I: Department of Defense - Civil
 - Makes FY 2004 appropriations to the Department of the Army and its Corps of Engineers for civil functions relating to rivers and harbors, flood control, shore protection, and aquatic ecosystem restoration.
 
Declares 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 reports to certain congressional committees that waters entering the A.R.M. Loxahatchee National Wildlife Refuge and Everglades National Park do not meet the water quality requirements set forth in a specified Consent Decree; (2) the State of Florida fails to submit a satisfactory plan to bring the waters into compliance, and the Secretary of the Army so reports to such congressional committees;and (2) either committee issues a written notice disapproving further fund expenditures.
 
 Makes FY 2004 appropriations for: (1) certain flood control projects on the Mississippi River and its tributaries (including Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee); (2) the navigable waters and wetlands regulatory program; (3) the formerly utilized sites remedial action program; and (4) flood control and coastal emergencies.
 
(Sec. 101) States that 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 shall be limited to specified credits and reimbursements per project.
 
(Sec. 102) Bars funds from being used by the U.S. Army Corps of Engineers related to the proposed: (1) Ridge Landfill in Tuscarawas County, Ohio; or (2 ) Indian Run Sanitary Landfill in Sandy Township, Stark County, Ohio.
 
 (Sec. 104) Designates Lock and dam numbered 3 on the Allegheny River, Pennsylvania, as the C.W. Bill Young Lock and Dam.
 

Title II: Department of the Interior
 - Makes FY 2004 appropriations to the Department of the Interior for the: (1) Central Utah Project; (2) Bureau of Reclamation targets that include water and related resources, loan program account, and policy and administration; and (3) Central Valley Project Restoration Fund.
 
(Sec. 201) Prohibits the use of funds made available by this Act to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California have developed a plan which conforms to California water quality standards approved by the Administrator of the Environmental Protection Agency, in order to minimize any detrimental effect of the San Luis drainage waters.
 
Directs the Secretary of the Interior to classify the costs of the Kesterson Reservoir Cleanup and the San Joaquin Valley Drainage Programs as reimbursable or nonreimbursable and collected until fully repaid pursuant to the &quot;Cleanup Program--Alternative Repayment Plan&quot; and the &quot;SJVDP--Alternative Repayment Plan&quot; described in a specified report.
 
(Sec. 202) Bars funds from being 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 such purchase or lease is in compliance with the purchase requirements of specified law. 
 
(Sec. 203) Amends the Energy and Water Development Appropriations Act, 1991 to repeal the requirement that municipal and industrial water supply contracts with the Sacramento County Water Agency and the San Juan Suburban Water District include a specified determination of annual water needs.
 
(Sec. 204) Instructs the Secretary of the Interior to amend such Central Valley Project water supply contracts to reflect such repeal.
 
(Sec. 205) Prohibits funds from the Lower Colorado River Basin Development Fund from being paid to the general fund of the Treasury until each provision of a specified revised stipulation filed in a specified court case has been met.
 

Title III: Department of Energy
 - Makes appropriations to the Department of Energy (DOE) for FY 2004 for: (1) energy supply programs; (2) non-defense management site acceleration activities; (3) non-defense environmental services; (4) uranium enrichment facility decontamination and decommissioning; (5) general DOE science activities; (6) nuclear waste disposal; (7) DOE administration; (8) Office of the Inspector General; (9) atomic energy defense weapons activities; (10) defense nuclear nonproliferation activities; (11) naval reactors activities; (12) Office of the Administrator of the National Nuclear Security Administration; (13) defense site acceleration completion activities; (14) defense environmental services; (15) other DOE defense activities; and (l6) defense nuclear waste disposal.
 
Cancels specified unobligated balances for Cerro Grande fire activities.
 
Makes appropriations for FY 2004 for: (1) the various geographical power marketing administrations of DOE, and for the hydroelectric facilities at the Falcon and Amistad Dams of the Western Area Power Administration); and (2) the Federal Energy Regulatory Commission.
 
(Sec. 301) Prohibits the use of appropriations to make payments for any management and operating contract unless it is awarded using competitive procedures, or the Secretary of Energy issues a notification of intent to use competitive procedures.
 
(Sec. 302) Prohibits the use of appropriations under this Act to: (1) develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; (2) augment specified sums made available for obligation by this Act for severance payments and other specified benefits and community assistance grants unless DOE submits a reprogramming request subject to approval by the appropriate congressional committees; or (3) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.
 
(Sec. 306) Denies the use of any funds for the Administrator of the Bonneville Power Administration to enter into any agreement to perform energy efficiency services outside the Bonneville service territory territory (except those provided internationally) without certification that such services are not available from private sector businesses.
 
(Sec. 307) Directs DOE to ensure broad public notice of the availability of a user facility, and to employ open competition in selecting a partner for such a facility.
 
(Sec. 308) Limits the percentage of allocated funds expended for research, development, and demonstration activities for engineering and manufacturing capabilities at covered nuclear weapons production plants.
 
(Sec. 309) Declares that 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 under the National Security Act of 1947 during FY 2004 until the enactment of the Intelligence Authorization Act for FY 2004. 
 

Title IV: Independent Agencies
 - Makes appropriations for FY 2004 for: (1) the Appalachian Regional Commission; (2) the Defense Nuclear Facilities Safety Board; (3) the Delta Regional Authority; (4) the Nuclear Regulatory Commission; (5) the Office of the Inspector General; and (6) the Nuclear Waste Technical Review Board.
 

Title V: General Provisions
 - (Sec. 502) Prohibits contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labeled products as made in America.
 
(Sec. 504) Bars funds made available in this Act from being used to release water from the San Juan Chama Project or Middle Rio Grande Project in order to comply with the Endangered Species Act of 1973. 
 
(Sec. 505) Bars funds made available in this Act from being used to issue any license, approval, or authorization for the export or reexport, or the transfer or retransfer, to the Democratic Peoples' Republic of North Korea of: (1) any special nuclear material or byproduct material; (2) any nuclear production or utilization facilities; or (3) any components, technologies, substances, technical information, or related goods or services used (or which could be used) in a nuclear production or utilization facility.
 
Exempts radiation monitoring technologies from such prohibition.

action_date: 2003-09-16
text: 
 Energy and Water Development Appropriations Act, 2004 - 
Title I: Department of Defense-Civil 
- Makes FY 2004 appropriations to the Department of the Army and its Corps of Engineers for: (1) civil functions relating to rivers and harbors, flood control, and shore protection; (2) certain flood control projects on the Mississippi River and its tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (3) flood control and coastal emergencies; (4) the navigable waters and wetlands regulatory program; (5) formerly utilized sites remedial action program; and (6) general expenses of the Office of Chief of Engineers. 
 
(Sec. 101) Limits Agreements proposed for execution by either 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 to credits and reimbursements per project not to exceed $10 million in each fiscal year, and total credits and reimbursements for all applicable projects not to exceed $50 million in each fiscal year.
 
(Sec. 102) Bars funds from being used to demonstrate or implement any plans divesting or transferring of any Civil Works missions, 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) Directs Secretary of the Army to construct a flood detention basin to protect the north side of the City of Alamogordo, New Mexico, from flooding. Requires such basin to provide protection from a 100-year flood event.
 
(Sec. 105) Authorizes the Secretary of the Army to design, remove, and dispose of oil bollards and associated debris in Burlington Harbor, Vermont, at full Federal expense. 
 
(Sec. 106) Amends specified law to increase Federal funds earmarked for Kake Dam Replacement, Kake, Alaska. 
 
(Sec. 108) Deauthorizes designated projects, including portions of a navigation project, Pawtuxet Cove, Rhode Island. 
 
(Sec. 109) Authorizes the Secretary of the Army to provide technical, planning, design and construction assistance to non-Federal interests to remedy adverse environmental and human health impacts in Ottawa County, Oklahoma.
 
(Sec. 110) Requires that certain funds previously provided under specified law be used to provide technical assistance at full Federal expense to Alaskan communities to address the serious impacts of coastal erosion. 
 
(Sec. 111) Modifies a project for flood control for the American and Sacramento Rivers, California, to authorize the Secretary of the Army to construct the project at a total cost of $205 million with an estimated Federal share of $153.84 million and an estimated non-Federal share of $51.16 million.
 
(Sec. 112) Prohibits funds from being made available in this Act to implement activities regarding closure or removal of the St. Georges Bridge across the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware and Maryland, including any related environmental impact statement.
 
 (Sec. 113) Amends the Water Resources Development Act of 2000 to extend through FY 2005 the authority of the Secretary of the Army to accept and expend funds contributed by non-Federal public entities to expedite the evaluation of hydroelectric project permits under the jurisdiction of the Department of the Army.
 
(Sec. 114) Requires the Secretary of the Army, acting through the Chief of Engineers, to direct construction of Alternative 1 (Northeast Corner) authorized in Sec. 353 of Public Law 105-227 (sic).
 
 (Sec. 115) Authorizes the Secretary of the Army, acting through the Chief of Engineers, to undertake at full Federal expense the planning, design, and construction measures for wildfire prevention and restoration in the Middle Rio Grande bosque in and around the City of Albuquerque. 
 
 (Sec. 116) Amends the Water Resources Development Act of 1999 to extend to New Mexico and Rural Utah the current program for providing environmental assistance to non-Federal interests in rural areas of such States (as well as Nevada, Montana, and Idaho). 
 
(Sec. 117) Directs the Secretary of Energy to make certain funds available to the U.S. Army Corps of Engineers for specified projects.
 
(Sec. 118) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for technical, planning, and design assistance to Federal and non-Federal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive noncoal mines.
 
(Sec. 119) Amends the Water Resources Development Act of 1992 to authorize appropriations for wastewater infrastructure, Coronado, California.
 
(Sec. 120) Authorizes the availability of specified appropriations for Great Lakes remedial action plans and sediment remediation programs.
 
(Sec. 121) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for a specified pilot program in Mississippi. 
 
(Sec. 122) Authorizes the availability of specified appropriations for the Recreation Management Support Program to work with the International Mountain Bicycling Association to design, build, and maintain trails at Corps of Engineers projects.
 
(Sec. 123) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for flood control in Park River, Grafton, North Dakota.
 
(Sec. 124) Authorizes the Secretary of the Army to: (1) provide technical, planning, design, and construction assistance for Schuylkill River Park, Philadelphia, Pennsylvania, at a Federal share of 50 percent; (2) implement the project for ecosystem restoration, Gwynns Falls, Maryland; and (3) (acting through the Chief of Engineers) implement a project to plan, design, construct, furnish, and landscape a federally owned and operated Collocated Civil Works Administrative Building and Snake River Confluence Interpretative Center, Clarkston, Washington.
 
(Sec. 127) Instructs the Secretary of the Army, acting through the Chief of Engineers, to complete the general reevaluation report for the project for flood damage reduction, Mill Creek, Cincinnati, Ohio.
 
(Sec. 128) Makes certain funds available for technical, planning, and design assistance under the Water Resources Development Act of 1999 to Federal and non-Federal interests for carrying out projects to address water quality problems caused by drainage and related activities from abandoned and inactive noncoal mines.
 

Title II: Department of the Interio
r - Makes FY 2004 appropriations to the Department of the Interior for: (1) the Central Utah Project Completion Account; (2) the Bureau of Reclamation for water and related resources; (3) Bureau of Reclamation Loan Program Account; and (4) the Central Valley Project Restoration Fund. 
 
Rescinds specified unobligated balances from the Working Capital Fund.
 

 
(Sec. 202) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California develop a plan, conforming to California water quality standards approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.
 
States that: (1) the costs of both the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program shall be collected until fully repaid pursuant to specified plans; and (2) future Federal funding for drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit service or study beneficiaries. 
 
(Sec. 203) Prohibits the use of appropriated funds 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 such purchase or lease is in compliance with specified statutory purchase requirements. 
 
(Sec. 204) States that Drought Emergency Assistance funds under this title shall be made available primarily for leasing water from willing lessors for specified drought-related purposes to be administered under State water priority allocation. 
 
(Sec. 205) Prohibits the Secretary of the Interior from obligating funds or using discretion 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 with the laws of the State of New Mexico, including, but not limited to, permitting requirements. 
 
(Sec. 206) Instructs the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation and the Director of the Fish and Wildlife Service, to establish an executive committee in order to improve the efficiency and expedite the efforts of the Endangered Species Act Collaborative Program Workgroup. 
 
(Sec. 207) Authorizes the Secretary of the Interior to: (1) arrange for the design, construction, testing and operation of the Tularosa Basin National Desalination Research Facility, with a Federal share of up to 100 percent; (2) undertake feasibility studies for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper San Joaquin Storage projects in carrying out CALFED-related activities; and (3) (acting through the Commissioner of the Bureau of Reclamation) enter into agreements with irrigation or water districts to fund up to 50 percent of the cost of water improvements at existing water supply projects within specified States. 
 
(Sec. 210) (Sec. 210) Amends the Hawaii Water Resources Act of 2000 to increase the authorization of appropriations for the Hawaii Water Resources Study, and repeal the deadline for the report on it.
 
(Sec. 211) States that contributions of the Western Area Power Administration to the Utah Reclamation Mitigation and Conservation Account shall: (1) expire ten fiscal years from the date of enactment of this Act; and (2) shall be from an account established by the Western Area Power Administration for such purpose. 
 
(Sec. 212) Provides additional funding for: (1) the Middle Rio Grande, New Mexico project; and (2) the Lake Tahoe Regional Wetlands Development project.
 
(Sec. 213) Prohibits payment of funds from the Lower Colorado River Basin Development Fund to the general fund of the Treasury until each provision of a specified Stipulation filed in Central Arizona Water Conservation District v. United States is met.
 
(Sec. 214) Authorizes the Secretary of the Interior to: (1) conduct a specified Tualatin River Basin water supply feasibility study; and (2) extend on an annual basis a certain debt repayment schedule incurred to facilitate Indian water rights settlements in the State of Arizona.
 
(Sec. 216) Instructs the Secretary of the Interior, acting through the Commissioner of Reclamation, to: (1) provide specified funds to the State of Nevada to purchase water rights from willing sellers and make necessary improvements for Carson Lake and Pasture; and (2) provide specified funds to Families in Search of Truth, Fallon, Nevada, for the purchase of bottled water for schoolchildren in Fallon-area schools.
 

Title III: Department of Energy
 - Makes FY 2004 appropriations to the Department of Energy (DOE) for: (1) energy supply programs; (2) non-defense site acceleration completion; (3) uranium enrichment decontamination and decommissioning; (4) non-defense environmental services; (5) general DOE science activities; (6) nuclear waste disposal; (7) DOE administration and its Office of the Inspector General; (8) atomic energy defense weapons activities; (9) defense nuclear nonproliferation activities; (10) naval reactors activities; (11) Office of the Administrator in the National Nuclear Security Administration; (12) defense site acceleration completion; (13) defense environmental services; (14) defense nuclear waste disposal; (15) geographical power marketing administrations of DOE (including hydroelectric facilities at the Falcon and Amistad Dams); and (16) the Federal Energy Regulatory Commission.
 
Rescinds specified unexpended balances previously appropriated. Requires specified amounts of such rescission to be derived from the Paducah Disposal Facility Privatization and from the Portsmouth Disposal Facility Privatization.
 

 
(Sec. 302) Prohibits the use of appropriations under this Act to: (1) either develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; (2) augment specified amounts made available by this Act for severance payments and other benefits and community assistance grants under specified law unless DOE submits a reprogramming request subject to approval by the appropriate congressional committees; and (3) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.
 

 
(Sec. 306) Bars funds earmarked for the Administrator of the Bonneville Power Administration from being used to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory (except those provided internationally) without advance certification that such services are not available from private sector businesses.
 
(Sec. 307) Permits the Administrator of the National Nuclear Security Administration to authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities in order to maintain and enhance plant engineering and manufacturing capabilities. Limits to two percent of the total allocation to such a plant the percentage of funds that may be expended for such activities.
 
(Sec. 308) Declares that 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 under the National Security Act of 1947 during FY 2004 until the enactment of the Intelligence Authorization Act for FY 2004. 
 
(Sec. 309) Prohibits funds under this Act from being used to dispose of transuranic waste containing concentrations of plutonium exceeding 20 percent by weight in the Waste Isolation Pilot Plant. 
 
(Sec. 310) Instructs the Secretary of Energy to file a permit modification to the Waste Analysis Plan and associated provisions contained in the Hazardous Waste Facility Permit for the Waste Isolation Pilot Plant. 
 
(Sec. 311) States that material in concrete silos at the Fernald uranium processing facility currently managed by DOE shall be considered &quot;byproduct material&quot; and regulated accordingly.
 
(Sec. 312) Directs the Secretary of Energy to: (1) collect certain fees, as offsetting collections, pursuant to specified acts which authorize the Southeastern, Southwestern, and Western Power Administrations to collect revenues for power provided; and (2) make the collection available to the Secretary of the Army for use for Construction, General. 
 
(Sec. 313) Prohibits the availability to DOE of funds under this Act for activities at engineering development phases 3, 6.3, or beyond in support of advanced nuclear weapons concepts, including the robust nuclear earth penetrator.
 
(Sec. 314) Prohibits the obligation or expenditure of funds earmarked by this Act for Atomic Energy Defense Activities for any additional and exploratory studies under the Advanced Concepts Initiative until 30 days after the Administrator for Nuclear Security submits to Congress a detailed report on the planned activities for additional and exploratory studies under the initiative for FY 2004. 
 
 (Sec. 315) Authorizes the Secretary of the Interior to enter into an agreement with the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, Salt Lake City, Utah, to lease, for a term of 25 years, approximately 940 acres of Federal lands in Natrona County, Wyoming (&quot;Martin's Cove&quot;). Prescribes lease terms limiting use of the site to public education, ecologic, scenic, and historical or archaeological preservation purposes.
 
(Sec. 316) Directs the Secretary of Energy and the Secretary of Labor to enter into a Memorandum of Agreement under which the Secretary of Labor shall assume management and operational responsibility for development and preparation of claims filed with DOE under the Energy Employees Occupational Illness Compensation Program Act of 2000, 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).
 
(Sec. 317) Instructs the Federal Energy Regulatory Commission to (1) reinstate the license for Project No. 2696; and (2) transfer it to the town of Stuyvesant, New York, the holder of Federal Energy Regulatory Commission Preliminary Permit No. 11787.
 
Entitles such Project to the full benefit of any Federal law that promotes hydroelectric development enacted within two years before or after enactment of this Act.
 
 (Sec. 318) Instructs the Secretary of Energy to report to certain congressional committees on administrative expenditures for the Energy Employees Occupational Illness Compensation Program Act of 2000. 
 
 

Title IV: Independent Agencies
 - Makes FY 2004 appropriations to the: (1) Appalachian Regional Commission; (2) Defense Nuclear Facilities Safety Board; (3) Delta Regional Authority; (4) Denali Commission; (5) Nuclear Regulatory Commission and its Office of the Inspector General; and (6) Nuclear Waste Technical Review Board. 
 

Title V: General Provisions
 - (Sec. 502) Expresses the sense of Congress that all equipment and products bought with funds under this Act should be American-made. 
 
Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. 
 
Bars contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labeled products as made in America. 
 
(Sec. 503) Amends the National Defense Authorization Act for Fiscal Year 1998 with respect to indemnification of any person or entity acquiring ownership or control for economic development purposes of real property at DOE defense nuclear facilities against any claim for injury resulting from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of DOE activities at the facility. Extends such indemnification rights to any successor, assignee, transferee, lender, or lessee of such a person or entity.

action_date: 2003-12-01
text: 
Energy and Water Development Appropriations Act, 2004 - 
Title I: Department of Defense-Civil 
- 
Department of the Army 
- Makes FY 2004 appropriations to the Department of the Army and its Corps of Engineers for: (1) civil functions relating to rivers and harbors, flood control, shore protection, and aquatic ecosystem restoration; (2) certain flood damage reduction program control projects on the Mississippi River and its tributaries, Arkansas, Illinois, Kentucky, Louisiana, Mississippi, Missouri, and Tennessee; (3) flood control and coastal emergencies; (4) the navigable waters and wetlands regulatory program; (4) formerly utilized sites remedial action program; and (5) general expenses of the Office of Chief of the Army Corps of Engineers. 
 
(Sec. 101) Limits Agreements proposed for execution after the date of the enactment of this Act by either the Assistant Secretary of the Army for Civil Works, or the U.S. Army Corps of Engineers, to credits and reimbursements per project not to exceed $10 million in each fiscal year, and total credits and reimbursements for all applicable projects not to exceed $50 million in each fiscal year.
 
(Sec. 102) Bars the U.S. Army Corps of Engineers from using appropriations to support activities related to the proposed: (1) Ridge Landfill in Tuscarawas County, Ohio; and (2) Indian Run Sanitary Landfill in Sandy Township, Stark County, Ohio. 
 
(Sec. 103) Bars funds from being used to demonstrate or implement any plans divesting or transferring any Civil Works missions, functions, or responsibilities from the U.S. Army Corps of Engineers to other government agencies without specific direction in a subsequent Act of Congress. 
 
(Sec. 105) Directs Secretary of the Army (Secretary) to construct a flood detention basin to protect the north side of the City of Alamogordo, New Mexico, from flooding. Requires the basin to provide protection from a 100-year flood event.
 
(Sec. 106) Designates lock and dam numbered 3 on the Allegheny River, Pennsylvania, as the ``C.W. Bill Young Lock and Dam''.
 
(Sec. 108) Authorizes the Secretary to design, remove, and dispose of at full Federal expense oil bollards and associated debris in Burlington Harbor, Vermont. 
 
(Sec. 109) Amends specified law to increase Federal funds earmarked for Kake Dam Replacement, Kake, Alaska. 
 
(Sec. 110) Deauthorizes designated projects, including portions of a navigation project, Pawtuxet Cove, Rhode Island. 
 
(Sec. 111) Authorizes the Secretary to provide technical, planning, design, and construction assistance to non-Federal interests to remedy adverse environmental and human health impacts in Ottawa County, Oklahoma.
 
(Sec. 112) Requires certain funds previously provided under specified law to be used at full Federal expense for technical assistance to Alaskan communities to address serious impacts of coastal erosion. 
 
(Sec. 113) Prohibits funds from being made available in this Act to implement activities, including any related environmental impact statement, regarding closure or removal of the St. Georges Bridge across the Intracoastal Waterway, Delaware River to Chesapeake Bay, Delaware, and Maryland.
 
(Sec. 114) Amends the Water Resources Development Act of 2000 to extend through FY 2005 the authority of the Secretary to accept and expend funds contributed by non-Federal public entities to expedite the evaluation of hydroelectric project permits under the jurisdiction of the Department of the Army.
 
(Sec. 115) Requires the Secretary to direct construction of Alternative 1 (Northeast Corner) authorized in specified law.
 
(Sec. 116) Authorizes the Secretary to undertake at full Federal expense planning, design, and construction measures for wildfire prevention and restoration in the Middle Rio Grande bosque in and around the City of Albuquerque. 
 
(Sec. 117) Amends the Water Resources Development Act of 1999 to extend to New Mexico and Rural Utah the current program for providing environmental assistance to non-Federal interests in rural areas of such States (as well as Nevada, Montana, and Idaho). 
 
(Sec. 118) Directs the Secretary to authorize increased appropriations for abandoned and inactive noncoal mine restoration projects.
 
(Sec. 119) Amends the Water Resources Development Act of 1992 to authorize appropriations for wastewater infrastructure, Coronado, California.
 
(Sec. 120) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for a specified pilot program in Mississippi. 
 
(Sec. 121) Amends the Water Resources Development Act of 1999 to increase the authorization of appropriations for flood control in Park River, Grafton, North Dakota.
 
(Sec. 122) Authorizes the Secretary to: (1) provide technical, planning, design, and construction assistance for Schuylkill River Park, Philadelphia, Pennsylvania, at a Federal share of 50 percent; (2) implement the project for ecosystem restoration, Gwynns Falls, Maryland; and (3) implement a project to plan, design, construct, furnish, and landscape a federally owned and operated Collocated Civil Works Administrative Building and Snake River Confluence Interpretative Center, Clarkston, Washington.
 
(Sec. 125) Instructs the Secretary to complete the General Reevaluation Report on the Mill Creek, Ohio, project at 100 percent Federal cost within 15 months of enactment of this Act.
 
(Sec. 126) Amends the Water Resources Development Act of 1992 to authorize: (1) increased appropriations for Lakes Marion and Moultrie, South Carolina, including wastewater treatment; and (2) appropriations for wastewater infrastructure and wastewater collection systems, Charleston, South Carolina.
 
(Sec. 128) Authorizes the Secretary to: (1) implement, in accordance with a specified Report, the project for flood damage reduction and environmental restoration, American River Watershed, California; and (2) immediately commence studies and design for a permanent bridge.
 
(Sec. 129) Directs the Secretary to implement, at a specified cost, a certain project for flood damage reduction, American and Sacramento Rivers, California.
 
(Sec. 130) Authorizes the Secretary to establish a program providing non-Federal interests in Placer and El Dorado Counties, California with environmental assistance, including design and construction assistance to improve the efficiency and use of existing water supplies through publicly-owned water and wastewater projects, programs, and infrastructure.
 
(Sec. 131) Amends the Water Resources Development Act of 1992 to authorize increased appropriations for regional conservation water and recycling projects in the Sacramento Area, California (Placer and El Dorado Counties, and the San Juan Suburban Water District).
 
(Sec. 132) Authorizes the Secretary to provide design and construction assistance to non-Federal interests to improve the efficiency and use of existing water supplies in the Upper Klamath Basin (redefined as the counties of Klamath, Oregon, and Siskiyou and Modoc, California) through publicly-owned water and wastewater and ecosystem restoration projects, programs, and infrastructure.
 
(Sec. 133) Amends the Water Resources Development Act of 1992 to authorize additional assistance for California wastewater infrastructure projects in: (1) Placer and El Dorado Counties; and (2) Lassen, Plumas, Butte, Sierra, and Nevada Counties.
 
(Sec. 134) Authorizes appropriations for construction of a permanent bridge, American River Watershed, California.
 
(Sec. 136) Modifies the McClellan-Kerr Arkansas River navigation project to authorize a project depth of 12 feet.
 
(Sec. 137) Instructs the Secretary to provide credit to the non-Federal sponsor for preconstruction engineering and design work for the environmental dredging project at Ashtabula River, Ohio, prior to execution of a Project Cooperation Agreement.
 
(Sec. 138) Instructs the Secretary to review the shoreline stabilization, recreation, and public access components of the feasibility report for specified waterfront development at Gateway Point, North Tonawanda, New York. Authorizes implementation of such components at Federal cost upon a determination that they are feasible and meet Corps of Engineers evaluation and design standards.
 
(Sec. 139) Deauthorizes after the date of enactment of this Act specified navigation projects, Chicago River and Chicago Harbor, Illinois.
 
(Sec. 140) Instructs the Secretary to establish a centralized office at the office of the district engineer, San Francisco, California, for the use of all Federal and State agencies involved in issuing permits and conducting environmental reviews for the capital improvement project to repair and upgrade the water supply and delivery system for the city of San Francisco.
 
(Sec. 141) Modifies the project for aquatic ecosystem restoration, Wolf Lake, Indiana, to direct the Secretary to credit toward the non-Federal share the planning, design, and construction costs implemented by the non-Federal interest before the date of the project cooperation agreement if the Secretary determines that the work is integral to the project.
 
(Sec. 142) Directs the Secretary to credit up to $80,000 for design work completed by non-Federal interests, prior to and after the signing of the project cooperation agreement, toward the non-Federal share of a specified project for Calumet and Burr Oaks Schools Sewer Improvements, Cook County, Illinois, if the Secretary determines that the work is integral to the project.
 
(Sec. 143) Modifies a specified navigation project, Los Angeles Harbor, Los Angeles, California, to direct the Secretary to credit toward the non-Federal share of project costs the cost of the planning, design, and construction work carried out by the non-Federal interest before the date of the partnership agreement for the project if the Secretary determines the work is integral to the project.
 
(Sec. 144) Modifies the project for flood control, San Lorenzo River, California, to direct the Secretary to credit not more than $2 million toward the non-Federal share of the cost of the project for the cost of the work carried out by the non-Federal interest before the date of the project cooperation agreement if the Secretary determines the work is integral to the project.
 
(Sec. 145) Amends the Water Resources Development Act of 1992 to authorize increased appropriations for water related infrastructure projects, Calumet Region, Indiana, including the counties of Benton, Newton, and Jasper.
 
(Sec. 146) Authorizes the Secretary to construct a certain flood control for Meramec River Basin, Valley Park Levee, Missouri, at a maximum Federal expenditure of $50 million.
 
(Sec. 147) Modifies the project for flood control, Saw Mill Run, Pennsylvania, to authorize the Secretary to implement it at a total cost of $22 million, with an estimated Federal cost of $16.5 million and an estimated non-Federal cost of $5.5 million.
 
(Sec. 148) Modifies the project for flood control, Roanoke River Upper Basin, Virginia, to authorize the Secretary to construct the project at a total cost of $61.7 million, with an estimated Federal cost of $43 million and an estimated non-Federal cost of $18.7 million.
 
(Sec. 149) Modifies a certain project for harbor deepening, Brunswick Harbor, Georgia, to authorize the Secretary to construct the project at a total cost of $96.276 million with an estimated Federal cost of $61.709 million and an estimated non-Federal cost of $34.567 million.
 
(Sec. 150) Modifies the project for flood control, Lackawanna River at Olyphant, Pennsylvania, to authorize the Secretary to carry out the project at a total cost of $23 million, with an estimated Federal cost of $17.25 million and an estimated non-Federal cost of $5.75 million.
 
(Sec. 151) Modifies the project for flood protection, Perry Creek Flood Control Project, Sioux City, Iowa, to increase the project authorization to $96.87 million (Federal cost of $58.677 million and non-Federal cost of $38.193 million).
 
(Sec. 152) Moves back from September 30, 1999, to May 1, 1997, the date as of which the city of Chesapeake, Virginia, shall not be obligated to make certain annual cash contributions mandated under a specified Local Cooperation Agreement for the navigation project for the southern branch of the Elizabeth River.
 
(Sec. 153) Amends the Water Resources Development Act of 1992 to authorize appropriations for environmental infrastructure, Indianapolis, Indiana.
 
(Sec. 154) Modifies the project for flood control, Mississippi River and Big Muddy River, Illinois, to authorize the Secretary to carry out repair and rehabilitation at specified costs and to perform project operation and maintenance thereafter.
 
(Sec. 155) Authorizes the Secretary to implement a project to restore lake depths at Moss Lake, Louisiana, adjacent to the Calcasieu River and Pass channel at a total project cost of $2.5 million.
 
(Sec. 156) Modifies the project for navigation, Manatee Harbor, Florida, to: (1) include construction of an extension of the south channel at specified costs; (2) direct the Secretary to credit toward the non-Federal share the cost of certain in-kind services, materials and planning, design, and construction work provided by the non-Federal interest; and (3) authorize the Secretary to implement the project as modified at a total cost of $61.5 million.
 
(Sec. 157) Instructs the Secretary to conduct a feasibility study for a flood damage reduction project in the Harris Gully watershed, Harris County, Texas, to provide flood protection for the Texas Medical Center, Houston, Texas. 
 
Authorizes the Secretary to implement feasible critical flood damage reduction measures that will provide immediate and substantial flood damage reduction benefits in the Harris Gully watershed, at a Federal cost of $7 million.
 
(Sec. 158) Authorizes the Secretary to carry out the Reach J, Segment 1, element of the project for hurricane and storm damage reduction, Morganza to the Gulf of Mexico, Louisiana, in accordance with a specified report, and at a cost of $4 million.
 

Title II: Department of the Interior
 - Makes FY 2004 appropriations to the Department of the Interior for: (1) the Central Utah Project Completion Account; (2) the Bureau of Reclamation for water and related resources; (3) the Bureau of Reclamation Loan Program Account; and (4) the Central Valley Project Restoration Fund. 
 
Rescinds specified unobligated balances from the Working Capital Fund.
 
(Sec. 201) Prohibits the use of funds to determine the final point of discharge for the interceptor drain for the San Luis Unit until the Secretary of the Interior and the State of California develop a plan, conforming to California water quality standards approved by the Administrator of the Environmental Protection Agency, to minimize any detrimental effect of the San Luis drainage waters.
 
States that: (1) the costs of both the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program shall be collected until fully repaid pursuant to specified plans; and (2) future Federal funding for drainage service or drainage studies for the San Luis Unit shall be fully reimbursable by San Luis Unit service or study beneficiaries. 
 
(Sec. 202) Prohibits the use of appropriated funds 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 such purchase or lease is in compliance with specified statutory purchase requirements. 
 
(Sec. 203) Amends the Energy and Water Development Appropriations Act, 1991 to repeal the requirement that municipal and industrial water supply contracts with the Sacramento County Water Agency and the San Juan Suburban Water District (California) include a specified determination of annual water needs.
 
(Sec. 204) Instructs the Secretary of the Interior to amend the Central Valley Project water supply contracts to reflect such repeal.
 
(Sec. 205) Prohibits payment of funds from the Lower Colorado River Basin Development Fund to the general fund of the Treasury until each provision of a specified Stipulation filed in Central Arizona Water Conservation District v. United States is met. 
 
(Sec. 207 ) States that Drought Emergency Assistance funds under this title shall be made available primarily for leasing water from willing lessors for specified drought-related purposes to be administered under State water priority allocation. 
 
(Sec. 208 ) Prohibits the Secretary of the Interior from obligating funds or using discretion to reduce or reallocate water stored in Heron Reservoir and 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 with the laws of the State of New Mexico, including permitting requirements. 
 
(Sec. 209 ) Instructs the Secretary of the Interior, acting through the Commissioner of the Bureau of Reclamation and the Director of the Fish and Wildlife Service, to establish an executive committee in order to improve the efficiency and expedite the efforts of the Endangered Species Act Collaborative Program Workgroup. 
 
(Sec. 210 ) Authorizes the Secretary of the Interior to: (1) arrange for the design, construction, testing and operation of the Tularosa Basin National Desalination Research Facility, with a Federal share of up to 100 percent; (2) undertake feasibility studies for Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper San Joaquin Storage projects in carrying out CALFED-related activities; and (3) (acting through the Commissioner of the Bureau of Reclamation) enter into agreements with irrigation or water districts to fund up to 50 percent of the cost of water improvements at existing water supply projects within specified States. 
 
(Sec. 213 ) Amends the Hawaii Water Resources Act of 2000 to increase the authorization of appropriations for the Hawaii Water Resources Study, and repeal the deadline for the attendant report.
 
(Sec. 214) States that contributions of the Western Area Power Administration (WAPA) to the Utah Reclamation Mitigation and Conservation Account shall: (1) expire ten fiscal years from the date of enactment of this Act; and (2) be from an account established by WAPA for such purpose. 
 
(Sec. 215) Authorizes the Secretary of the Interior to: (1) conduct a specified Tualatin River Basin (Oregon) water supply feasibility study; and (2) extend on an annual basis a certain repayment schedule for debt incurred by irrigation districts to facilitate Indian water rights settlements in the State of Arizona.
 
(Sec. 217) Instructs the Secretary of the Interior, acting through the Commissioner of Reclamation, to: (1) provide specified funds to the State of Nevada to purchase water rights from willing sellers and make necessary improvements for Carson Lake and Pasture; and (2) provide specified funds to Families in Search of Truth, Fallon, Nevada, for the purchase of bottled water for schoolchildren in Fallon-area schools; (3) provide $1 million to the University of Nevada, Reno's Biodiversity initiative for public education and associated technical assistance and outreach concerning issues affecting restoration of Walker Lake.
 
Directs the Commissioner to expend $270,000 for Nevada's costs associated with the National Environmental Policy Act review of the Humboldt Title Transfer. Requires Nevada to pay any other costs assigned to it as an entity receiving title.
 
(Sec. 218) Instructs the Secretary of the Interior to extend the term of specified Sacramento River Settlement Contracts, for two additional years after the date on which each of the contracts, respectively, would expire but for this section, or until renewal contracts are executed, whichever occurs earlier.
 
(Sec. 219) Amends specified law authorizing construction of temperature control devices at Folsom Dam, California, to: (1) provide that the Federal share of the costs of constructing the temperature control device and associated temperature monitoring facilities shall be 50 percent and shall be nonreimbursable; (2) require such device and facilities to be operated by the non-Federal facility owner at its expense in coordination with the Central Valley Project for the benefit and propagation of Chinook salmon and steelhead trout in the American River,California; and (3) increase authorization of appropriations for the construction from $1million to $3.5 million.
 
(Sec. 220) Authorizes appropriations for the Secretary of the Interior to implement and enter into financial assistance or other agreements to undertake activities in accordance with a specified Pumping/Dam Removal Plan defined in United States District Court Consent Decree &quot;United States, et al., v. Grants Pass Irrigation District&quot;.
 
(Sec. 221) Amends the Irrigation Project Contract Extension Act of 1998 to extend certain irrigation project contracts from December 31, 2003, to December 31, 2005.
 

Title III: Department of Energy 
- Makes FY 2004 appropriations to the Department of Energy (DOE) for: (1) energy supply programs; (2) non-defense site acceleration completion; (3) non-defense environmental services; (4)uranium enrichment decontamination and decommissioning; (5) general DOE science activities; (6) nuclear waste disposal; (7) DOE administration and its Office of the Inspector General; (8) atomic energy defense weapons activities; (9) defense nuclear nonproliferation activities; (10) naval reactors activities; (11) Office of the Administrator in the National Nuclear Security Administration; (12) defense site acceleration completion; (13) defense environmental services; (14) defense nuclear waste disposal; (15) geographical power marketing administrations of DOE (including hydroelectric facilities at the Falcon and Amistad Dams); and (16) the Federal Energy Regulatory Commission.
 
Rescinds specified unexpended balances previously appropriated. Requires specified amounts of such rescission to be derived from the Paducah Disposal Facility Privatization and from the Portsmouth Disposal Facility Privatization.
 
(Sec. 302) Prohibits the use of appropriations under this Act to: (1) either develop or implement a workforce restructuring plan for DOE employees, or to provide them with enhanced severance payments or other benefits; (2) augment specified amounts made available by this Act for severance payments and other benefits and community assistance grants under specified law unless DOE submits a reprogramming request subject to approval by the appropriate congressional committees; and (3) prepare or initiate Requests for Proposals for a program that has not been funded by Congress.
 
(Sec. 306) Bars funds earmarked for the Administrator of the Bonneville Power Administration from being used to enter into any agreement to perform energy efficiency services outside the legally defined Bonneville service territory (except those provided internationally) without advance certification that such services are not available from private sector businesses.
 
(Sec. 308 ) Permits the Administrator of the National Nuclear Security Administration to authorize the plant manager of a covered nuclear weapons production plant to engage in research, development, and demonstration activities in order to maintain and enhance plant engineering and manufacturing capabilities. Limits to two percent of the total allocation to such a plant the percentage of funds that may be expended for such activities.
 
(Sec. 309 ) Declares that 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 under the National Security Act of 1947 during FY 2004 until the enactment of the Intelligence Authorization Act for FY 2004. 
 
(Sec. 310 ) Prohibits funds under this Act from being used to dispose of transuranic waste containing concentrations of plutonium exceeding 20 percent by weight in the Waste Isolation Pilot Plant. 
 
(Sec. 311 ) Instructs the Secretary of Energy to file a permit modification to the Waste Analysis Plan and associated provisions contained in the Hazardous Waste Facility Permit for the Waste Isolation Pilot Plant. 
 
(Sec. 312 ) States that material in concrete silos at the Fernald uranium processing facility currently managed by DOE shall be considered &quot;byproduct material&quot; and regulated accordingly.
 
(Sec. 313 ) Prohibits the obligation or expenditure of funds earmarked by this Act for Atomic Energy Defense Activities for any additional and exploratory studies under the Advanced Concepts Initiative until 30 days after the Administrator for Nuclear Security submits to Congress a detailed report on the planned activities for additional and exploratory studies under the initiative for FY 2004. 
 
(Sec. 314) Authorizes the Secretary of the Interior to enter into an agreement with the Corporation of the Presiding Bishop of The Church of Jesus Christ of Latter-day Saints, Salt Lake City, Utah, to lease, for a term of 25 years, approximately 940 acres of Federal lands in Natrona County, Wyoming (&quot;Martin's Cove&quot;). Prescribes lease terms limiting use of the site to public education, ecologic, scenic, and historical or archaeological preservation purposes.
 
(Sec. 315 ) Instructs the Federal Energy Regulatory Commission to (1) reinstate the license for Project No. 2696; and (2) transfer it to the town of Stuyvesant, New York, the holder of Federal Energy Regulatory Commission Preliminary Permit No. 11787.
 
Entitles such Project to the full benefit of any Federal law that promotes hydroelectric development enacted within two years before or after enactment of this Act.
 
(Sec. 316) Declares that of the funds made available in this Act for Defense Environmental Services, $1 million shall be provided to the State of Nevada solely for expenditures to conduct scientific oversight responsibilities and participate in licensing activities pursuant to the Nuclear Waste Policy Act of 1982 (other than salaries and expenses of State employees).
 

Title IV: Independent Agencies 
- Makes FY 2004 appropriations to the: (1) Appalachian Regional Commission; (2) Defense Nuclear Facilities Safety Board; (3) Delta Regional Authority; (4) Denali Commission; (5) Nuclear Regulatory Commission and its Office of the Inspector General; and (6) Nuclear Waste Technical Review Board. 
 

Title V: General Provisions 
- (Sec. 502) Expresses the sense of Congress that all equipment and products bought with funds under this Act should be American-made. 
 
Requires each Federal agency to give notice of this policy to any entity to which it provides financial assistance or contracts. 
 
Bars contracts funded under this Act from being awarded to any person determined by a court or Federal agency to have falsely labeled products as made in America. 
 
(Sec. 504) Amends the National Defense Authorization Act for Fiscal Year 1998 with respect to indemnification of any person or entity acquiring ownership or control for economic development purposes of real property at DOE defense nuclear facilities against any claim for injury resulting from the release or threatened release of a hazardous substance or pollutant or contaminant as a result of DOE activities at the facility. Extends such indemnification rights to any successor, assignee, transferee, lender, or lessee of such a person or entity.


Legislative actions:
action_date: 2003-12-01
text: Became Public Law No: 108-137.
action_date: 2003-12-01
text: Became Public Law No: 108-137.
action_date: 2003-12-01
text: Signed by President.
action_date: 2003-12-01
text: Signed by President.
action_date: 2003-11-24
text: Presented to President.
action_date: 2003-11-24
text: Presented to President.
action_date: 2003-11-19
text: Message on Senate action sent to the House.
action_date: 2003-11-18
text: Senate agreed to conference report by Unanimous Consent. (consideration:  CR S15088-15090)
action_date: 2003-11-18
text: Conference report agreed to in Senate: Senate agreed to conference report by Unanimous Consent.(consideration:  CR S15088-15090)
action_date: 2003-11-18
text: Conference papers: message on House action held at the desk in Senate.
action_date: 2003-11-18
text: Motions to reconsider laid on the table Agreed to without objection.
action_date: 2003-11-18
text: On agreeing to the conference report Agreed to by the Yeas and Nays: 387 - 36 (Roll No. 631).
action_date: 2003-11-18
text: Conference report agreed to in House: On agreeing to the conference report Agreed to by the Yeas and Nays: 387 - 36 (Roll No. 631).
action_date: 2003-11-18
text: POSTPONED ROLL CALL VOTE - At the conclusion of debate, by rule, the Yeas and Nays were ordered. The Chair postponed further proceedings on the question of adoption of the conference report until later in the day.
action_date: 2003-11-18
text: The previous question was ordered without objection.
action_date: 2003-11-18
text: DEBATE - The House proceeded with one hour of debate on the conference report to accompany H.R. 2754.
action_date: 2003-11-18
text: Mr. Hobson brought up conference report H. Rept. 108-357 for consideration under the provisions of H. Res. 444. (consideration: CR 11/19/2003 H11396-11405, H11432-11433)
action_date: 2003-11-18
text: Rule H. Res. 444 passed House.
action_date: 2003-11-18
text: Rules Committee Resolution H. Res. 444 Reported to House. Rule provides for consideration of the conference report to H.R. 2754 with 1 hour of general debate.
action_date: 2003-11-07
text: Conferees agreed to file conference report.
action_date: 2003-11-07
text: Conference committee actions: Conferees agreed to file conference report.
action_date: 2003-11-07
text: Conference report H. Rept. 108-357 filed. (text of conference report: CR H11010-11118)
action_date: 2003-11-07
text: Conference report filed: Conference report H. Rept. 108-357 filed.(text of conference report: CR H11010-11118)
action_date: 2003-11-07
text: Conference papers: Senate report and manager's statement held at the desk in Senate.
action_date: 2003-09-24
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-09-24
text: The Speaker appointed conferees: Hobson, Frelinghuysen, Latham, Wamp, Emerson, Doolittle, Peterson (PA), Simpson, Young (FL), Visclosky, Edwards, Pastor, Clyburn, Berry, and Obey.
action_date: 2003-09-24
text: On motion that the House disagree to the Senate amendment, and agree to a conference Agreed to without objection.
action_date: 2003-09-24
text: Mr. Wamp asked unanimous consent that the House disagree to the Senate amendment, and agree to a conference. (consideration: CR H8879)
action_date: 2003-09-22
text: Message on Senate action sent to the House.
action_date: 2003-09-17
text: Measure amended in Senate by unanimous consent after passage. (consideration:  CR S11605)
action_date: 2003-09-16
text: Senate insists on its amendment, asks for a conference, appoints conferees Domenici; Cochran; McConnell; Bennett; Burns; Craig; Bond; Stevens; Reid; Byrd; Hollings; Murray; Dorgan; Feinstein; Inouye.
action_date: 2003-09-16
text: Measure amended in Senate by unanimous consent after passage.
action_date: 2003-09-16
text: See also S. 1424.
action_date: 2003-09-16
text: Passed Senate with an amendment by Yea-Nay Vote. 92 - 0. Record Vote Number: 350. (text: CR 9/22/2003 S11758-11768)
action_date: 2003-09-16
text: Passed/agreed to in Senate: Passed Senate with an amendment by Yea-Nay Vote. 92 - 0. Record Vote Number: 350.(text: CR 9/22/2003 S11758-11768)
action_date: 2003-09-16
text: Considered by Senate. (consideration: CR S11521-11529, S11530, S11531-11551)
action_date: 2003-09-15
text: Senate struck all after the Enacting Clause and substituted the language of S. 1424.
action_date: 2003-09-15
text: Considered by Senate. (consideration: CR S11435-11451)
action_date: 2003-09-11
text: Measure laid before Senate. (consideration: CR S11402-11406)
action_date: 2003-07-21
text: Received in the Senate. Read twice. Placed on Senate Legislative Calendar under General Orders. Calendar No. 218.
action_date: 2003-07-18
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-07-18
text: On passage Passed by the Yeas and Nays: 377 - 26 (Roll no. 395).
action_date: 2003-07-18
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 377 - 26 (Roll no. 395).
action_date: 2003-07-18
text: On motion to recommit Failed by recorded vote: 99 - 310 (Roll no. 394). (text: CR H7146)
action_date: 2003-07-18
text: The previous question on the motion to recommit was ordered without objection.
action_date: 2003-07-18
text: Mr. Hoyer moved to recommit to Appropriations. (consideration: CR H7146-7147)
action_date: 2003-07-18
text: The House adopted the amendments en gross as agreed to by the Committee of the Whole House on the state of the Union.
action_date: 2003-07-18
text: The previous question was ordered pursuant to a previous  order of the House.
action_date: 2003-07-18
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 2754.
action_date: 2003-07-18
text: UNFINISHED BUSINESS - The Chair announced that the unfinished business was the question of adoption of the amendments which had been debated earlier and on which further proceedings had been postponed.
action_date: 2003-07-18
text: DEBATE - The Committee of the Whole proceeded with debate on the Markey amendment under the five-minute rule.
action_date: 2003-07-18
text: POINT OF ORDER RESERVED - The Committee of the Whole proceeded with debate on the Inslee amendment under the five-minute rule, pending reservation of a point of order against the amendment.
action_date: 2003-07-18
text: POINT OF ORDER RESERVED - The Committee of the Whole proceeded with debate on the Manzullo amendment under the five-minute rule, pending reservation of a point of order against the amendment.
action_date: 2003-07-18
text: POINT OF ORDER RESERVED - The Committee of the Whole proceeded with debate on the Kucinich amendment under the five-minute rule, pending reservation of a point of order against the amendment.
action_date: 2003-07-18
text: POSTPONED VOTE - At the conclusion of debate on the Hefley amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Hefley demanded a recorded vote and the Chair postponed further proceedings on the question of the adoption of the amendment until a later time.
action_date: 2003-07-18
text: DEBATE - The Committee of the Whole proceeded with debate on the Hefley amendment under the five-minute rule.
action_date: 2003-07-18
text: DEBATE - The Committee of the Whole proceeded with debate on the Wilson (NM) amendment under the five-minute rule.
action_date: 2003-07-18
text: DEBATE - The Committee of the Whole proceeded with debate on the Mr. Tom Davis of Virginia amendment under the five-minute rule.
action_date: 2003-07-18
text: Mr. Shimkus raised a point of order against the content of the measure. Mr. Shimkus stated that section 310 sought to change existing law and constituted legislation in an appropriations bill. The Chair sustained the point of order.
action_date: 2003-07-18
text: POSTPONED VOTE - At the conclusion of debate on the Udall (CO) amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Udall (CO) demanded a recorded vote and the Chair postponed further proceedings on the question of the adoption of the amendment until a later time.
action_date: 2003-07-18
text: DEBATE - The Committee of the Whole proceeded with debate on the Udall (CO) amendment under the five-minute rule.
action_date: 2003-07-18
text: POSTPONED VOTE - At the conclusion of debate on the Andrews amendment, the Chair put the question on adoption of the amendment and by voice vote, announced that the noes had prevailed. Mr. Andrews demanded a recorded vote and the Chair postponed further proceedings on the question of the adoption of the amendment until a later time.
action_date: 2003-07-18
text: DEBATE - Pursuant to the previous order of the Committee, the Committee of the Whole proceeded with 20 minutes of debate on the Andrews amendment.
action_date: 2003-07-18
text: POINT OF ORDER RESERVED - The Committee of the Whole proceeded with debate on the DeFazio amendment under the five-minute rule, pending reservation of a point of order against the amendment.
action_date: 2003-07-18
text: GENERAL DEBATE - Pursuant to a previous order, the Committee of the Whole proceeded with one hour of debate on H.R. 2754.
action_date: 2003-07-18
text: The Speaker designated the Honorable Johnny Isakson to act as Chairman of the Committee.
action_date: 2003-07-18
text: The House resolved into Committee of the Whole on the state of the Union by previous order of the House.
action_date: 2003-07-18
text: Considered pursuant to previous order of House. (consideration: CR H7114-7147; text of Title I as reported in House: CR H7125, H7126, H7129; text of Title II as reported in House: CR H7130-7131; text of Title III as reported in House: CR H7131, H7136-7138; text of Title IV as reported in House: CR H7138-7139; text of Title V as reported in House: CR H7139)
action_date: 2003-07-18
text: Consideration initiated pursuant to previous order of House.
action_date: 2003-07-18
text: Mr. Hobson asked unanimous consent That it be in order at any time for the Speaker to declare the House resolved into the Committee of the Whole House on the state of the Union to consider a bill making appropriations for Energy and Water for FY 2004; that the first reading of the bill shall be dispensed with; all points of order ag ainst consideration of the bill are waived; general debate shall not exceed one hour; the bill shall be considered for amendment under the five-minute rule; the amendment placed at the desk shall be considered as adopted in the House and in the Committee of the Whole; points of order against provisions in the bill for failure to comply with clause 2 of rule XXI are waived except for section 310; and the previous question shall be considered as ordered to final passage without intervening motion, except one motion to recommit, with or without instructions. Agreed to without objection.
action_date: 2003-07-16
text: Placed on the Union Calendar, Calendar No. 118.
action_date: 2003-07-16
text: The House Committee on Appropriations reported an original measure, H. Rept. 108-212, by Mr. Hobson.
action_date: 2003-07-16
text: The House Committee on Appropriations reported an original measure, H. Rept. 108-212, by Mr. Hobson.
action_date: 2003-07-16
text: Introduced in House

Enacted as: number: 108-137