Energy and Water Development Appropriations Act, 2004
PL 108-137 (H.R.2754), enacted 12/01/2003

117 STAT. 1827
PUBLIC LAW 108–137—DEC. 1, 2003
Public Law 108–137
108th Congress
An Act
Making appropriations for energy and water development for the fiscal year ending
September 30, 2004, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That the
following sums are appropriated, out of any money in the Treasury
not otherwise appropriated, for the fiscal year ending September
30, 2004, for energy and water development, and for other purposes,
namely:
TITLE I
DEPARTMENT OF DEFENSE—CIVIL
DEPARTMENT OF THE ARMY
CORPS OF ENGINEERS—CIVIL
The following appropriations shall be expended under the direc-
tion of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to rivers and harbors, flood control, shore
protection, aquatic ecosystem restoration, and related purposes.
GENERAL INVESTIGATIONS
For expenses necessary for the collection and study of basic
information pertaining to river and harbor, flood control, shore
protection, aquatic ecosystem restoration, and related projects,
restudy of authorized projects, miscellaneous investigations, and,
when authorized by law, surveys and detailed studies and plans
and specifications of projects prior to construction, $116,949,000,
to remain available until expended: Provided, That for the Ohio
Riverfront, Cincinnati, Ohio, project, the cost of planning and design
undertaken by non-Federal interests shall be credited toward the
non-Federal share of project design costs: Provided further, That
in conducting the Southwest Valley Flood Damage Reduction Study,
Albuquerque, New Mexico, the Secretary of the Army, acting
through the Chief of Engineers, shall include an evaluation of
flood damage reduction measures that would otherwise be excluded
from the feasibility analysis based on policies regarding the fre-
quency of flooding, the drainage areas, and the amount of runoff:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $250,000 for
preconstruction engineering and design of Waikiki Beach, Oahu,
Energy and
Water
Development
Appropriations
Act, 2004.
Dec. 1, 2003
[H.R. 2754]
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00779
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1828
PUBLIC LAW 108–137—DEC. 1, 2003
Hawaii, the project to be designed and evaluated, as authorized:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $100,000 for the continu-
ation and completion of feasibility studies of Kihei Beach, Maui,
Hawaii: Provided further, That any recommendations for a National
Economic Development Plan shall be accepted notwithstanding the
extent of recreation benefits supporting the project features, in
view of the fact that recreation is extremely important in sustaining
and increasing the economic well-being of the State of Hawaii
and the nation.
CONSTRUCTION, GENERAL
For the prosecution of river and harbor, flood control, shore
protection, aquatic ecosystem restoration, and related projects
authorized by law; and detailed studies, and plans and specifica-
tions, of projects (including those for development with participation
or under consideration for participation by States, local govern-
ments, or private groups) authorized or made eligible for selection
by law (but such studies shall not constitute a commitment of
the Government to construction), $1,722,319,000, to remain avail-
able until expended, of which such sums as are necessary to cover
the Federal share of construction costs for facilities under the
Dredged Material Disposal Facilities program shall be derived from
the Harbor Maintenance Trust Fund as authorized by Public Law
104–303; and of which such sums as are necessary pursuant to
Public Law 99–662 shall be derived from the Inland Waterways
Trust Fund, for one-half of the costs of construction and rehabilita-
tion of inland waterways projects, including rehabilitation costs
for Lock and Dam 11, Mississippi River, Iowa; Lock and Dam
19, Mississippi River, Iowa; Lock and Dam 24, Mississippi River,
Illinois and Missouri; and Lock and Dam 3, Mississippi River,
Minnesota: Provided, That using $9,280,000 of the funds appro-
priated herein, the Secretary of the Army, acting through the Chief
of Engineers, is directed to continue construction of the Dallas
Floodway Extension, Texas, project, including the Cadillac Heights
feature, generally in accordance with the Chief of Engineers report
dated December 7, 1999: Provided further, That the Secretary of
the Army is directed to accept advance funds, pursuant to section
11 of the River and Harbor Act of 1925, from the non-Federal
sponsor of the Los Angeles Harbor, California, project authorized
by section 101(b)(5) of Public Law 106–541: Provided further, That
the Secretary of the Army, acting through the Chief of Engineers,
is directed to use $750,000 of the funds provided herein to continue
construction of the Hawaii Water Management Project: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $2,500,000 of the funds appropriated
herein to continue construction of the navigation project at
Kaumalapau Harbor, Hawaii: Provided further, That the Secretary
of the Army, acting through the Chief of Engineers, is directed
to use $6,000,000 of the funds provided herein for the Dam Safety
and Seepage/Stability Correction Program to continue construction
of seepage control features and to design and construct repairs
to the tainter gates at Waterbury Dam, Vermont: Provided further,
That the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to proceed with the construction of the New
York and New Jersey Harbor project, 50-foot deepening element,
upon execution of the Project Cooperation Agreement: Provided
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00780
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1829
PUBLIC LAW 108–137—DEC. 1, 2003
further, That no funds made available under this Act or any other
Act for any fiscal year may be used by the Secretary of the Army
to carry out the construction of the Port Jersey element of the
New York and New Jersey Harbor or reimbursement to the Local
Sponsor for the construction of the Port Jersey element until
commitments for construction of container handling facilities are
obtained from the non-Federal sponsor for a second user along
the Port Jersey element: Provided further, That funds appropriated
in this Act for the preservation and restoration of the Florida
Everglades shall be made available for expenditure unless: (1) the
Secretary of the Army, not later than 30 days after the date of
enactment of this Act, transmits to the State of Florida and the
Committees on Appropriations of the House of Representatives and
the Senate a report containing a finding and supporting materials
indicating that the waters entering the A.R.M. Loxahatchee
National Wildlife Refuge and Everglades National Park do not
meet the water quality requirements set forth in the Consent Decree
entered in United States v. South Florida Water Management Dis-
trict; (2) the State fails to submit a satisfactory plan to bring
the waters into compliance with the water quality requirements
within 45 days of the date of the report; (3) the Secretary transmits
to the State and the Committees a follow-up report containing
a finding that the State has not submitted such a plan; and (4)
either the Committee on Appropriations of the House of Representa-
tives or the Senate issues a written notice disapproving of further
expenditure of the funds: Provided further, That the Secretary
of the Army shall provide the State of Florida with notice and
an opportunity to respond to any determination of the Secretary
under the preceding proviso before the determination becomes final:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $17,000,000 of the funds
appropriated herein to proceed with planning, engineering, design
or construction of the Grundy, Buchanan County, and Dickenson
County, Virginia, elements of the Levisa and Tug Forks of the
Big Sandy River and Upper Cumberland River Project: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use $5,400,000 of the funds appropriated
herein to proceed with the planning, engineering, design or
construction of the Lower Mingo County, Upper Mingo County,
Wayne County, McDowell County, West Virginia, elements of the
Levisa and Tug Forks of the Big Sandy River and Upper Cum-
berland River Project: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to continue
the Dickenson County Detailed Project Report as generally defined
in Plan 4 of the Huntington District Engineer’s Draft Supplement
to the section 202 General Plan for Flood Damage Reduction dated
April 1997, including all Russell Fork tributary streams within
the County and special considerations as may be appropriate to
address the unique relocations and resettlement needs for the flood
prone communities within the County: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to proceed with the construction of the Seward Harbor,
Alaska, project, in accordance with the Report of the Chief of
Engineers, dated June 8, 1999, and the economic justification con-
tained therein: Provided further, That the Secretary of the Army,
acting through the Chief of Engineers, is directed and authorized
to continue the work to replace and upgrade the dam and all
Florida.
Notice.
Florida.
Deadline.
Reports.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00781
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1830
PUBLIC LAW 108–137—DEC. 1, 2003
connections to the existing system at Kake, Alaska: Provided fur-
ther, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to proceed with the construction of the
Wrangell Harbor, Alaska, project in accordance with the Chief
of Engineer’s report dated December 23, 1999: Provided further,
That the Secretary of the Army, acting through the Chief of Engi-
neers, is directed to use $33,400,000 of the funds appropriated
herein for the Clover Fork, City of Cumberland, Town of Martin,
Pike County (including Levisa Fork and Tug Fork Tributaries),
Bell County, Harlan County in accordance with the Draft Detailed
Project Report dated January 2002, Floyd County, Martin County,
Johnson County, and Knox County, Kentucky, detailed project
report, elements of the Levisa and Tug Forks of the Big Sandy
River and Upper Cumberland River: Provided further, That the
Secretary of the Army, acting through the Chief of Engineers,
is directed to use funds appropriated for the navigation project,
Tampa Harbor, Florida, to carry out, as part of the project, construc-
tion of passing lanes in an area approximately 3.5 miles long,
centered on Tampa Bay Cut B, if the Secretary determines that
such construction is technically sound, environmentally acceptable,
and cost effective: Provided further, That using $200,000 appro-
priated herein, the Secretary of the Army, acting through the Chief
of Engineers, may
develop an environmental impact statement
for introducing non-native oyster species into the Chesapeake Bay:
Provided further, That during preparation of the environmental
impact statement, the Secretary may establish a scientific advisory
body consisting of the Virginia Institute of Marine Science, the
University of Maryland, and other appropriate research institutions
to review the sufficiency of the environmental impact statement:
Provided further, That in addition, the Secretary shall give consider-
ation to the findings and recommendations of the National Academy
of Sciences report on the introduction of non-native oyster species
into the Chesapeake Bay in the preparation of the environmental
impact statement: Provided further, That notwithstanding the cost
sharing provisions of section 510(d) of the Water Resources Develop-
ment Act of 1996 (110 Stat. 3760), the preparation of the environ-
mental impact statement shall be cost shared 50 percent Federal
and 50 percent non-Federal, for an estimated cost of $2,000,000:
Provided further, That the non-Federal sponsors may meet their
50 percent matching cost share through in-kind services: Provided
further, That the Secretary determines that work performed by
the non-Federal sponsors is reasonable, allowable, allocable, and
integral to the development of the environmental impact statement:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to construct the Miami Harbor
project, as recommended in the Miami Harbor Letter Report dated
August 2002, as revised February 2003: Provided further, That
using $500,000 of the funds appropriated herein, the Secretary
of the Army, acting through the Chief of Engineers, is authorized
and directed to plan, design, and initiate reconstruction of the
Cape Girardeau, Missouri, project, originally authorized by the
Flood Control Act of 1950, at an estimated total cost of $9,000,000,
with cost sharing on the same basis as cost sharing for the project
as originally authorized, if the Secretary determines that the
reconstruction is technically sound and environmentally acceptable:
Provided further, That the planned reconstruction shall be based
on the most cost-effective engineering solution and shall require
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00782
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1831
PUBLIC LAW 108–137—DEC. 1, 2003
no further economic justification: Provided further, That the Sec-
retary is directed to use $5,000,000 of the funds appropriated herein
to undertake the restoration of Tar Creek and Vicinity, Oklahoma,
project.
FLOOD CONTROL, MISSISSIPPI RIVER AND TRIBUTARIES, ARKANSAS, IL-
LINOIS, KENTUCKY, LOUISIANA, MISSISSIPPI, MISSOURI, AND TEN-
NESSEE
For expenses necessary for the flood damage reduction program
for the Mississippi River alluvial valley below Cape Girardeau,
Missouri, as authorized by law, $324,222,000, to remain available
until expended: Provided, That the Secretary of the Army, acting
through the Chief of Engineers, using $12,000,000 of the funds
provided herein, is directed to continue design and real estate
activities and to initiate the pump supply contract for the Yazoo
Basin, Yazoo Backwater Pumping Plant, Mississippi: Provided fur-
ther, That the pump supply contract shall be performed by awarding
continuing contracts in accordance with 33 U.S.C. 621: Provided
further, That the Secretary of the Army, acting through the Chief
of Engineers is directed, with funds previously appropriated, to
continue construction of water withdrawal features of the Grand
Prairie, Arkansas, project.
OPERATION AND MAINTENANCE, GENERAL
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects; for providing
security for infrastructure owned and operated by, or on behalf
of, the United States Army Corps of Engineers, including adminis-
trative buildings and facilities, laboratories, and the Washington
Aqueduct; for the maintenance of harbor channels provided by
a State, municipality, or other public agency that serve essential
navigation needs of general commerce, where authorized by law;
and for surveys and charting of northern and northwestern lakes
and connecting waters, clearing and straightening channels, and
removal of obstructions to navigation, $1,967,925,000, to remain
available until expended, of which such sums as become available
in the Harbor Maintenance Trust Fund, pursuant to Public Law
99–662 may be derived from that fund, and of which such sums
as become available from the special account for the United States
Army Corps of Engineers established by the Land and Water Con-
servation Act of 1965, as amended (16 U.S.C. 460l–6a(i)), may
be derived from that account for resource protection, research,
interpretation, and maintenance activities related to resource
protection in the areas at which outdoor recreation is available;
and of which such sums as become available under section 217
of the Water Resources Development Act of 1996, Public Law 104–
303, shall be used to cover the cost of operation and maintenance
of the dredged material disposal facilities for which fees have been
collected: Provided, That of funds appropriated herein, for the Intra-
coastal Waterway, Delaware River to Chesapeake Bay, Delaware
and Maryland, the Secretary of the Army, acting through the Chief
of Engineers, is directed to reimburse the State of Delaware for
normal operation and maintenance costs incurred by the State
of Delaware for the SR1 Bridge from station 58∂00 to station
293∂00 between October 1, 2003, and September 30, 2004: Provided
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00783
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1832
PUBLIC LAW 108–137—DEC. 1, 2003
further, That the Secretary of the Army, acting through the Chief
of Engineers, is directed to use funds appropriated herein to
rehabilitate the existing dredged material disposal site for the
project for navigation, Bodega Bay Harbor, California, and to con-
tinue maintenance dredging of the Federal channel: Provided fur-
ther, That the Secretary shall make suitable material excavated
from the site as part of the rehabilitation effort available to the
non-Federal sponsor, at no cost to the Federal Government, for
use by the non-Federal sponsor in the development of public facili-
ties: Provided further, That the Corps of Engineers shall not allocate
any funds to deposit dredged material along the Laguna Madre
portion of the Gulf Intracoastal Waterway except at the placement
areas specified in the Dredged Material Management Plan in section
2.11 of the Final Environmental Impact Statement for Maintenance
Dredging of the Gulf Intracoastal Waterway, Laguna Madre, Texas,
Nueces, Kleberg, Kenedy, Willacy, and Cameron Counties, Texas,
prepared by the Corps of Engineers dated September 2003: Provided
further, That nothing in the above proviso shall prevent the Corps
of Engineers from performing necessary maintenance operations
along the Gulf Intracoastal Waterway if the following conditions
are met: if the Corps proposes to use any placement areas that
are not currently specified in the Dredged Material Management
Plan and failure to use such alternative placement areas will result
in the closure of any segment of the Gulf Intracoastal Waterway,
then such proposal shall be analyzed in an Environmental Impact
Statement (EIS) and comply with all other applicable requirements
of the National Environmental Policy Act, 42 U.S.C. 4321, et seq.,
and all other applicable State and Federal laws, including the
Clean Water Act, 33 U.S.C. 1251 et seq., the Endangered Species
Act, 16 U.S.C. 1531 et seq., and the Coastal Zone Management
Act, 16 U.S.C. 1451 et seq.: Provided further, That $15,000,000
is provided to be used by the Secretary of the Army, acting through
the Chief of Engineers, to repair, restore, and clean up projects
and facilities of the Corps of Engineers and dredge navigation
channels, restore and clean out area streams, provide emergency
stream bank protection, restore other crucial public infrastructure
(including water and sewer facilities), document flood impacts, and
undertake other flood recovery efforts considered necessary by the
Chief of Engineers: Provided further, That the Secretary of the
Army is directed to use $75,000 of the funds appropriated herein
to remove the weir feature of the project for flood damage reduction,
Mayfield Creek and Tributaries, Kentucky, constructed pursuant
to section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s),
without any further environmental or economic analysis or study:
Provided further, That the Secretary of the Army, acting through
the Chief of Engineers, is directed to use $250,000 of the funds
appropriated herein for sediment removal and dam repair at
Junaluska, North Carolina.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $140,000,000, to
remain available until expended.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00784
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1833
PUBLIC LAW 108–137—DEC. 1, 2003
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $140,000,000, to remain
available until expended.
GENERAL EXPENSES
For expenses necessary for general administration and related
civil works functions in the headquarters of the United States
Army Corps of Engineers, the offices of the Division Engineers,
the Humphreys Engineer Center Support Activity, the Institute
for Water Resources, the United States Army Engineer Research
and Development Center, and the United States Army Corps of
Engineers Finance Center, $160,000,000, to remain available until
expended: Provided, That no part of any other appropriation pro-
vided in title I of this Act shall be available to fund the activities
of the Office of the Chief of Engineers or the executive direction
and management activities of the division offices: Provided further,
That none of these funds shall be available to support an office
of congressional affairs within the executive office of the Chief
of Engineers.
ADMINISTRATIVE PROVISIONS
Appropriations in this title shall be available for official recep-
tion and representation expenses (not to exceed $5,000); and during
the current fiscal year the Revolving Fund, Corps of Engineers,
shall be available for purchase (not to exceed 100 for replacement
only) and hire of passenger motor vehicles.
GENERAL PROVISIONS
CORPS OF ENGINEERS—CIVIL
SEC. 101. Agreements proposed for execution by the Assistant
Secretary of the Army for Civil Works or the United States Army
Corps of Engineers after the date of the enactment of this Act
pursuant to section 4 of the Rivers and Harbor Act of 1915, Public
Law 64–291; section 11 of the River and Harbor Act of 1925,
Public Law 68–585; the Civil Functions Appropriations Act, 1936,
Public Law 75–208; section 215 of the Flood Control Act of 1968,
as amended, Public Law 90–483; sections 104, 203, and 204 of
the Water Resources Development Act of 1986, as amended, Public
Law 99–662; section 206 of the Water Resources Development Act
of 1992, as amended, Public Law 102–580; section 211 of the Water
Resources Development Act of 1996, Public Law 104–303; and any
other specific project authority, shall be limited to credits and
reimbursements per project not to exceed $10,000,000 in each fiscal
year, and total credits and reimbursements for all applicable
projects not to exceed $50,000,000 in each fiscal year.
SEC. 102. None of the funds appropriated in this or any other
Act may be used by the United States Army Corps of Engineers
to support activities related to the proposed Ridge Landfill in
Tuscarawas County, Ohio.
SEC. 103. None of the funds appropriated in this Act, or any
other Act, shall be used to demonstrate or implement any plans
divesting or transferring of any Civil Works missions, functions,
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00785
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1834
PUBLIC LAW 108–137—DEC. 1, 2003
or responsibilities for the United States Army Corps of Engineers
to other government agencies without specific direction in a subse-
quent Act of Congress.
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 Township, Stark County, Ohio.
SEC. 105. ALAMOGORDO, NEW MEXICO. The project for flood
protection at Alamogordo, New Mexico, authorized by the Flood
Control Act of 1962 (Public Law 87–874), is modified to authorize
and direct the Secretary to construct a flood detention basin to
protect the north side of the City of Alamogordo, New Mexico,
from flooding. The flood detention basin shall be constructed to
provide protection from a 100-year flood event. The project cost
share for the flood detention basin shall be consistent with section
103(a) of the Water Resources Development Act of 1986, notwith-
standing section 202(a) of the Water Resources Development Act
of 1996.
NAMING OF LOCK AND DAM 3, ALLEGHENY RIVER, PENNSYLVANIA
Sec. 106. (a) DESIGNATION.—Lock and dam numbered 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 subsection (a) shall be deemed
to be a reference to the ‘‘C.W. Bill Young Lock and Dam’’.
SEC. 107. The Secretary of the Army may utilize continuing
contracts in carrying out the studying, planning, or designing of
a water resources project prior to the authorization of the project
for construction.
SEC. 108. The Secretary is authorized to remove and dispose
of oil bollards and associated debris in Burlington Harbor, Vermont.
SEC. 109. KAKE DAM REPLACEMENT, KAKE, ALASKA TECHNICAL
CORRECTIONS. Section 105, Public Law 106–377, is amended by
striking ‘‘$7,000,000’’ and inserting ‘‘$11,000,000 at full Federal
expense’’.
SEC. 110. DEAUTHORIZATION
OF PROJECT
FOR NAVIGATION,
PAWTUXET COVE, RHODE ISLAND. (a) IN GENERAL.—The portions
of the project for navigation, Pawtuxet Cove, Rhode Island, author-
ized by section 101 of the River and Harbor Act of 1962 (76 Stat.
1173) and described in subsection (b) shall no longer be authorized
after the date of enactment of this Act.
(b) DESCRIPTIONS.—The portions of the project referred to in
subsection (a) are the following:
(1) Beginning at a point along the western edge of the
6-foot channel just south of the 6-foot turning basin:
N247,856.00, E530,338.00, thence running north 51 degrees
44 minutes 12.5 seconds west 214.77 feet to a point
N247,989.00, E530,169.37, thence running north 13 degrees
14 minutes 48.8 seconds west 149.99 feet to a point
N248,135.00, E530,135.00, thence running north 44 degrees
11 minutes 7.4 seconds east 137.77 feet to a point N248,233.79,
E530,231.02, thence running north 3 degrees 58 minutes 18.8
seconds west 300.00 feet to a point N248,533.07, E530,210.24
thence running north 86 degrees 1 minute 34.3 seconds east
35.00 feet to a point N248,535.50, E530,245.16, thence running
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00786
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1835
PUBLIC LAW 108–137—DEC. 1, 2003
south 3 degrees 58 minutes 21.0 seconds east 342.49 feet to
a point N248,193.83, E530,268.88, thence running south 44
degrees 11 minutes 7.4 seconds west 135.04 feet to a point
N248,097.00, E530,174.77, thence running south 13 degrees
14 minutes 48.8 seconds east 85.38 feet to a point N248,013.89,
E530,194.33, thence running south 51 degrees 44 minutes 12.5
seconds east 166.56 feet to a point N247,910.74, E530,325.11
thence running south 13 degrees 14 minutes 49.2 seconds east
56.24 feet to the point of origin.
(2) Beginning at a point along the eastern edge of the
6-foot channel opposite the 6-foot turning basin: N248,180.00,
E530,335.00, thence running south 32 degrees 12 minutes 35.3
seconds east 88.25 feet to a point N248,105.33, E530,382.04,
thence running south 13 degrees 14 minutes 49.2 seconds east
138.48 feet to a point N247,970.53, E530,413.77, thence running
north 32 degrees 12 minutes 35.3 seconds west 135.42 feet
to a point N248,085.12, E530,341.59, thence running north
3 degrees 58 minutes 21.0 seconds west 95.11 feet to the
point of origin.
(3) Beginning at a point along the eastern edge of the
channel adjacent to the 6-foot entrance channel: N246,630.77,
E530,729.17, thence running south 13 degrees 14 minutes 49.2
seconds east 35.55 feet to a point N246,596.16, E530,737.32,
thence running south 51 degrees 31 minutes 38.6 seconds east
283.15 feet to a point N246,420.00, E530,959.00, thence running
north 47 degrees 28 minutes 37.2 seconds west 311.84 feet
returning to a point N246,630.77, E530,729.17.
SEC. 111. (a) The Secretary of the Army is authorized to provide
technical, planning, design and construction assistance to non-Fed-
eral interests to remedy adverse environmental and human health
impacts in Ottawa County, Oklahoma. In providing assistance,
the Secretary shall coordinate with the State, Tribal, and local
interests. The Secretary may undertake implementation of such
activities as the Secretary determines to be necessary or advisable
to demonstrate practicable alternatives, such activities shall include
measures to address lead exposure and other environmental prob-
lems related to historical mining activities in the area.
(b) In carrying out subsection (a), the Secretary may utilize,
through contracts or other means, the services of the University
of Oklahoma, the Oklahoma Department of Environmental Quality,
or such other entities as the Secretary determines to be appropriate.
(c) Notwithstanding any other provision of law, the Secretary
shall not incur liability under the Comprehensive Environmental
Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.)
for activities undertaken pursuant to this section.
(d) Non-Federal interests shall be responsible for providing
any necessary lands, easements or rights-of-way required for
implementation of activities authorized by this section and shall
be responsible for operating and maintaining any restoration alter-
natives constructed or carried out pursuant to this section. All
other costs shall be borne by the Federal Government.
(e) There is authorized to be appropriated $15,000,000 to carry
out the purposes of this section.
SEC. 112. The amount of $2,000,000 previously provided under
the heading ‘‘Construction, General’’ in title I of the Energy and
Water Development Appropriations Act, 2003, division D of Public
Law 108–7, is to be used to provide technical assistance at full
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00787
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1836
PUBLIC LAW 108–137—DEC. 1, 2003
Federal expense, to Alaskan communities to address the serious
impacts of coastal erosion.
SEC. 113. ST. GEORGES BRIDGE, DELAWARE. None of the funds
made available in this Act may be used to carry out any activity
relating to closure or removal of the St. Georges Bridge across
the Intracoastal Waterway, Delaware River to Chesapeake Bay,
Delaware and Maryland, including a hearing or any other activity
relating to preparation of an environmental impact statement con-
cerning the closure or removal.
SEC. 114. Section 214(a) of Public Law 106–541 is amended
by striking ‘‘2003’’ and inserting ‘‘2005’’.
SEC. 115. The Secretary of the Army, acting through the Chief
of Engineers, shall direct construction of Alternative 1 (Northeast
Corner) for the project authorized in section 353 of Public Law
105–277 notwithstanding any other provision of law.
SEC. 116. The Secretary of the Army, acting through the Chief
of Engineers, is authorized to undertake appropriate planning,
design, and construction measures for wildfire prevention and res-
toration in the Middle Rio Grande bosque in and around the City
of Albuquerque. Work shall be directed toward those portions of
the bosque which have been damaged by wildfire or are in imminent
danger of damage from wildfire due to heavy fuel loads and impedi-
ments to emergency vehicle access.
SEC. 117. Section 595 of the Water Resources Development
Act of 1999 (113 Stat. 383; 117 Stat. 142) is amended—
(1) by striking the section heading and inserting the fol-
lowing:
‘‘SEC. 595. IDAHO, MONTANA, RURAL NEVADA, NEW MEXICO, AND
RURAL UTAH.’’;
(2) in subsection (a)—
(A) by redesignating paragraphs (1) through (3) as
subparagraphs (A) through (C), respectively;
(B) by striking (a) and all that follows through
‘‘means—’’ and inserting the following:
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) RURAL NEVADA.—The term ‘rural Nevada’ means’’; and
(C) by adding at the end the following:
‘‘(2) RURAL UTAH.—The term ‘rural Utah’ means—
‘‘(A) the counties of Box Elder, Cache, Rich, Tooele,
Morgan, Summit, Dagett, Wasatch, Duchesne, Uintah,
Juab, Sanpete, Carbon, Millard, Sevier, Emery, Grand,
Beaver, Piute, Wayne, Iron, Garfield, San Juan, and Kane,
Utah; and
‘‘(B) the portions of Washington County, Utah, that
are located outside the city of St. George, Utah.’’;
(3) in subsections (b) and (c), by striking ‘‘Nevada, Montana,
and Idaho’’ and inserting ‘‘Idaho, Montana, rural Nevada, New
Mexico, and rural Utah’’; and
(4) in subsection (h), by striking ‘‘2001—’’ and all that
follows and inserting ‘‘2001 $25,000,000 for each of Idaho, Mon-
tana, New Mexico, and rural Utah, to remain available until
expended.’’.
SEC. 118. Section 560(f) of Public Law 106–53 is amended
by striking ‘‘$5,000,000’’ and inserting ‘‘$7,500,000’’.
SEC. 119. Section 219(f) of the Water Resources Development
Act of 1992 (Public Law 102–580; 106 Stat. 4835), as amended
33 USC 2336.
23 USC 2201
note.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00788
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1837
PUBLIC LAW 108–137—DEC. 1, 2003
by section 502(b) of the Water Resources Development Act of 1999
(Public Law 106–53; 113 Stat. 335) and section 108(d) of title
I of division B of the Miscellaneous Appropriations Act, 2001 (as
enacted by Public law 106–554; 114 Stat. 2763A–220), is further
amended by adding at the end the following:
‘‘(71) CORONADO, CALIFORNIA.—$10,000,000 is authorized
for wastewater infrastructure, Coronado, California.’’.
SEC. 120. Section 592(g) of the Water Resources Development
Act of 1999 (Public Law 106–53; 113 Stat. 380) is amended by
striking ‘‘$25,000,000 for the period beginning with fiscal year 2000’’
and inserting ‘‘$100,000,000’’.
SEC. 121. PARK RIVER, GRAFTON, NORTH DAKOTA. Section 364(5)
of the Water Resources Development Act of 1999 (113 Stat. 314)
is amended—
(1) by striking ‘‘$18,265,000’’ and inserting ‘‘$21,075,000’’;
and
(2) by striking ‘‘$9,835,000’’ and inserting ‘‘$7,025,000’’.
SEC. 122. SCHUYLKILL RIVER PARK, PHILADELPHIA, PENNSYL-
VANIA. The Secretary of the Army shall provide technical, planning,
design, and construction assistance for Schuylkill River Park,
Philadelphia, Pennsylvania, in accordance with section 564(c) of
the Water Resources Development Act of 1996 (Public Law 104–
303; 110 Stat. 3785), as contained in the February 2003 report
of the Philadelphia District based on regional economic development
benefits, at a Federal share of 50 percent and a non-Federal share
of 50 percent.
SEC. 123. GWYNNS FALLS WATERSHED, BALTIMORE, MARYLAND.
The Secretary of the Army shall implement the project for ecosystem
restoration, Gwynns Falls, Maryland, in accordance with the Balti-
more Metropolitan Water Resources-Gwynns Falls Watershed Fea-
sibility Report prepared by the Corps of Engineers and the City
of Baltimore, Maryland.
SEC. 124. SNAKE RIVER CONFLUENCE INTERPRETATIVE CENTER,
CLARKSTON, WASHINGTON. (a) IN GENERAL.—The Secretary of the
Army, acting through the Chief of Engineers (referred to in this
section as the ‘‘Secretary’’) is authorized and shall carry out 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, as described
in the Snake River Confluence Center Project Management Plan.
(b) LOCATION.—The project—
(1) shall be located on Federal property at the confluence
of the Snake River and the Clearwater River, near Clarkston,
Washington; and
(2) shall be considered to be a capital improvement of
the Clarkston office of the Lower Granite Project.
(c) EXISTING STRUCTURES.—In carrying out the project, the
Secretary may demolish or relocate existing structures.
(d) COST SHARING.—
(1) TOTAL COST.—The total cost of the project shall not
exceed $3,500,000 (excluding interpretative displays).
(2) FEDERAL SHARE.—The Federal share of the cost of the
project shall be $3,000,000.
(3) NON-FEDERAL SHARE.—
(A) IN GENERAL.—The non-Federal share of the cost
of the project—
(i) shall be $500,000; and
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00789
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1838
PUBLIC LAW 108–137—DEC. 1, 2003
(ii) may be provided—
(I) in cash; or
(II) in kind, with credit accorded to the non-
Federal sponsor for provision of all necessary serv-
ices, replacement facilities, replacement land (not
to exceed 4 acres), easements, and rights-of-way
acceptable to the Secretary and the non-Federal
sponsor.
(B) INTERPRETIVE EXHIBITS.—In addition to the non-
Federal share described in subparagraph (A), the non-Fed-
eral sponsor shall fund, operate, and maintain all
interpretative exhibits under the project.
SEC. 125. FLOOD DAMAGE REDUCTION, MILL CREEK, CINCINNATI,
OHIO. The Secretary of the Army is directed to complete the General
Reevaluation Report on the Mill Creek, Ohio, project within 15
months of enactment of this Act at 100 percent Federal cost. The
report shall provide plans for flood damage reduction throughout
the basin equivalent to and commensurate with that afforded by
the authorized, partially implemented, Mill Creek, Ohio, Flood
Damage Reduction Project, as authorized in section 201 of the
Flood Control Act of 1970 (Public Law 91–611).
SEC. 126. LAKES MARION AND MOULTRIE, SOUTH CAROLINA.
Section 219(f)(25) of the Water Resources Development Act of 1992
(113 Stat. 336; 114 Stat. 2763A–220) is amended—
(1) by striking ‘‘$15,000,000’’ and inserting ‘‘$35,000,000’’;
and
(2) by inserting ‘‘wastewater treatment and’’ before ‘‘water
supply’’.
SEC. 127. Section 219(f) of the Water Resources Development
Act of 1992 (106 Stat. 4835; 113 Stat. 335–337; 114 Stat. 2763A–
220–221) is amended by adding at the end the following:
‘‘CHARLESTON, SOUTH CAROLINA.—$5,000,000 for wastewater infra-
structure, including wastewater collection systems, Charleston,
South Carolina.’’.
SEC. 128. AMERICAN RIVER WATERSHED, CALIFORNIA. (a) IN
GENERAL.—The Secretary of the Army is authorized to carry out
the project for flood damage reduction and environmental restora-
tion, American River Watershed, California, substantially in accord-
ance with the plans, and subject to the conditions, described in
the Report of the Chief of Engineers dated November 5, 2002,
at a total cost of $257,300,000, with an estimated Federal cost
of $201,200,000 and an estimated non-Federal cost of $56,100,000;
except that the Secretary is authorized to accept funds from State
and local governments and other Federal agencies for the purpose
of constructing a permanent bridge instead of the temporary bridge
described in the recommended plan and may construct such perma-
nent bridge if all additional costs for such bridge, above the
$36,000,000 provided for in the recommended plan for bridge
construction, are provided by such governments or agencies.
(b) EXPEDITING BRIDGE DESIGN AND CONSTRUCTION.—The Sec-
retary, in cooperation with appropriate non-Federal interests, shall
immediately commence appropriate studies for, and the design of,
a permanent bridge (including an evaluation of potential impacts
of bridge construction on traffic patterns and identification of alter-
natives for mitigating such impacts) and, upon execution of a cost-
sharing agreement with such non-Federal interests, shall proceed
to construction of the bridge as soon as practicable; except that
Reports.
Deadline.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00790
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1839
PUBLIC LAW 108–137—DEC. 1, 2003
such studies, design, and construction shall not adversely affect
the schedule of design or construction of authorized projects for
flood damage reduction.
SEC. 129. AMERICAN
AND SACRAMENTO RIVERS, CALIFORNIA.
The project for flood damage reduction, American and Sacramento
Rivers, California, authorized by section 101(a)(1) of the Water
Resources Development Act of 1996 (110 Stat. 3662–3663) and
modified by section 366 of the Water Resources Development Act
of 1999 (113 Stat. 319–320), is further modified to direct the Sec-
retary to carry out the project, at a total cost of $205,000,000.
SEC. 130. PLACER AND EL DORADO COUNTIES, CALIFORNIA. (a)
ESTABLISHMENT OF PROGRAM.—The Secretary of the Army may
establish a program to provide environmental assistance to non-
Federal interests in Placer and El Dorado Counties, California.
(b) FORM OF ASSISTANCE.—Assistance under this section may
be in the form of design and construction assistance to improve
the efficiency and use of existing water supplies in Placer and
El Dorado Counties through water and wastewater projects, pro-
grams, and infrastructure.
(c) OWNERSHIP REQUIREMENT.—The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(d) PARTNERSHIP AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and construc-
tion of the project to be carried out with the assistance.
(2) REQUIREMENTS.—Each partnership agreement entered
into under this subsection shall provide for the following:
(A) PLAN.—Development by the Secretary, in consulta-
tion with appropriate Federal and State officials, of a facili-
ties or resource protection and development plan, including
appropriate engineering plans and specifications.
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establish-
ment of such legal and institutional structures as are nec-
essary to ensure the effective long-term operation of the
project by the non-Federal interest.
(3) COST SHARING.—
(A) IN
GENERAL.—The Federal share of the project
costs under each partnership agreement entered into under
this subsection shall be 75 percent. The Federal share
may be in the form of grants or reimbursements of project
costs.
(B) CREDIT FOR WORK.—The non-Federal interests shall
receive credit for the reasonable cost of design work on
a project completed by the non-Federal interest before
entering into a partnership agreement with the Secretary
for such project.
(C) CREDIT FOR INTEREST.—In case of a delay in the
funding of the non-Federal share of a project that is the
subject of an agreement under this section, the non-Federal
interest shall receive credit for reasonable interest incurred
in providing the non-Federal share of the project’s costs.
(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—
The non-Federal interest shall receive credit for land, ease-
ments, rights-of-way, and relocations toward the non-Fed-
eral share of project costs (including all reasonable costs
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00791
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1840
PUBLIC LAW 108–137—DEC. 1, 2003
associated with obtaining permits necessary for the
construction, operation, and maintenance of the project
on publicly owned or controlled land), but not to exceed
25 percent of total project costs.
(E) OPERATION AND MAINTENANCE.—The non-Federal
share of operation and maintenance costs for projects con-
structed with assistance provided under this section shall
be 100 percent.
(e) APPLICABILITY
OF OTHER FEDERAL
AND STATE LAWS.—
Nothing in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that would
otherwise apply to a project to be carried out with assistance
provided under this section.
(f) NONPROFIT ENTITIES.—Notwithstanding section 221(b) of the
Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any project
undertaken under this section, a non-Federal interest may include
a nonprofit entity with the consent of the affected local government.
(g) CORPS
OF
ENGINEERS
EXPENSES.—Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer projects under
this section at 100 percent Federal expense.
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $40,000,000. Such
sums shall remain available until expended.
SEC. 131. SACRAMENTO AREA, CALIFORNIA. Section 219(f)(23)
of the Water Resources Development Act of 1992 (106 Stat. 4835–
4836; 113 Stat. 336) is amended by striking ‘‘$25,000,000’’ and
inserting ‘‘$35,000,000’’.
SEC. 132. UPPER KLAMATH BASIN, CALIFORNIA. (a) DEFINITION
OF UPPER KLAMATH BASIN.—In this section, the term ‘‘Upper
Klamath Basin’’ means the counties of Klamath, Oregon, and
Siskiyou and Modoc, California.
(b) ESTABLISHMENT OF PROGRAM.—The Secretary of the Army
may establish a program to provide environmental assistance to
non-Federal interests in the Upper Klamath Basin.
(c) FORM OF ASSISTANCE.—Assistance under this section may
be in the form of design and construction assistance to improve
the efficiency and use of existing water supplies in the Upper
Klamath Basin through water and wastewater and ecosystem res-
toration projects, programs, and infrastructure.
(d) OWNERSHIP REQUIREMENT.—The Secretary may provide
assistance for a project under this section only if the project is
publicly owned.
(e) PARTNERSHIP AGREEMENTS.—
(1) IN GENERAL.—Before providing assistance under this
section, the Secretary shall enter into a partnership agreement
with a non-Federal interest to provide for design and construc-
tion of the project to be carried out with the assistance.
(2) REQUIREMENTS.—Each partnership agreement entered
into under this subsection shall provide for the following:
(A) PLAN.—Development by the Secretary, in consulta-
tion with appropriate Federal and State officials, of a facili-
ties or resource protection and development plan, including
appropriate engineering plans and specifications.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00792
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1841
PUBLIC LAW 108–137—DEC. 1, 2003
(B) LEGAL AND INSTITUTIONAL STRUCTURES.—Establish-
ment of such legal and institutional structures as are nec-
essary to ensure the effective long-term operation of the
project by the non-Federal interest.
(3) COST SHARING.—
(A) IN
GENERAL.—The Federal share of the project
costs under each partnership agreement entered into under
this subsection shall be 75 percent. The Federal share
may be in the form of grants or reimbursements of project
costs.
(B) CREDIT FOR WORK.—The non-Federal interests shall
receive credit for the reasonable cost of design work on
a project completed by the non-Federal interest before
entering into a partnership agreement with the Secretary
for such project.
(C) CREDIT FOR INTEREST.—In case of a delay in the
funding of the non-Federal share of a project that is the
subject of an agreement under this section, the non-Federal
interest shall receive credit for reasonable interest incurred
in providing the non-Federal share of the project’s costs.
(D) LAND, EASEMENTS, AND RIGHTS-OF-WAY CREDIT.—
The non-Federal interest shall receive credit for land, ease-
ments, rights-of-way, and relocations toward the non-Fed-
eral share of project costs (including all reasonable costs
associated with obtaining permits necessary for the
construction, operation, and maintenance of the project
on publicly owned or controlled land), but not to exceed
25 percent of total project costs.
(E) OPERATION AND MAINTENANCE.—The non-Federal
share of operation and maintenance costs for projects con-
structed with assistance provided under this section shall
be 100 percent.
(f) APPLICABILITY
OF OTHER FEDERAL
AND STATE LAWS.—
Nothing in this section waives, limits, or otherwise affects the
applicability of any provision of Federal or State law that would
otherwise apply to a project to be carried out with assistance
provided under this section.
(g) NONPROFIT ENTITIES.—Notwithstanding section 221(b) of
the Flood Control Act of 1970 (42 U.S.C. 1962d–5b(b)), for any
project undertaken under this section, a non-Federal interest may
include a nonprofit entity with the consent of the affected local
government.
(h) CORPS
OF
ENGINEERS
EXPENSES.—Ten percent of the
amounts appropriated to carry out this section may be used by
the Corps of Engineers district offices to administer projects under
this section at 100 percent Federal expense.
(i) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $25,000,000. Such
sums shall remain available until expended.
SEC. 133. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS. Sec-
tion 219(f) of the Water Resources Development Act of 1992 (106
Stat. 4835; 113 Stat. 335–337; 114 Stat. 2763A–220–221) is
amended by adding at the end the following:
‘‘(71) PLACER
AND
EL
DORADO
COUNTIES, CALIFORNIA.—
$35,000,000 to improve the efficiency and use of existing water
supplies in Placer and El Dorado Counties, California, through
water and wastewater projects, programs, and infrastructure.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00793
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1842
PUBLIC LAW 108–137—DEC. 1, 2003
‘‘(72) LASSEN, PLUMAS, BUTTE, SIERRA, AND NEVADA COUN-
TIES, CALIFORNIA.—$25,000,000 to improve the efficiency and
use of existing water supplies in the counties of Lassen, Plumas,
Butte, Sierra, and Nevada, California, through water and waste
water projects, programs, and infrastructure.’’.
SEC. 134. BRIDGE AUTHORIZATION. There is authorized to be
appropriated $30,000,000 for the construction of the permanent
bridge described in section 128(a).
SEC. 135. Section 504(a)(2) of the Water Resources Development
Act of 1999 (113 Stat. 338) is amended by striking ‘‘Kehly Run
Dam’’ and inserting ‘‘Kehly Run Dams’’.
SEC. 136. The McClellan-Kerr Arkansas River navigation
project, authorized under the comprehensive plan for the Arkansas
River Basin by section 3 of the Act entitled ‘‘An Act authorizing
the construction of certain public works on rivers and harbors
for flood control, and for other purposes’’, approved June 28, 1938
(52 Stat. 1218) and section 10 of the Flood Control Act of 1946
(60 Stat. 647) and where applicable the provisions of the River
and Harbor Act of 1946 (60 Stat. 634) and modified by section
108 of the Energy and Water Development Appropriations Act,
1988 (101 Stat. 1329–112), is further modified to authorize a project
depth of 12 feet.
SEC. 137. The Secretary shall provide credit to the non-Federal
sponsor for preconstruction engineering and design work performed
by the non-Federal sponsor for the environmental dredging project
at Ashtabula River, Ohio, prior to execution of a Project Cooperation
Agreement.
SEC. 138. GATEWAY POINT, NORTH TONAWANDA, NEW YORK.
The Secretary shall review the shoreline stabilization, recreation,
and public access components of the feasibility report for waterfront
development at Gateway Point, North Tonawanda, New York, enti-
tled ‘‘City of North Tonawanda, Gateway Point Feasibility’’, dated
February 6, 2003, and prepared by the non-Federal interest and,
if the Secretary determines that those components meet the evalua-
tion and design standards of the Corps of Engineers and that
the components are feasible, may carry out the components at
a Federal cost not to exceed $3,300,000.
SEC. 139. CHICAGO RIVER AND HARBOR ILLINOIS. Those portions
of the projects for navigation, Chicago River and Chicago Harbor,
authorized by the River and Harbor Act of March 3, 1899, (30
Stat. 1129) extending 50 feet riverward of the existing dock wall
on the south side of the channel from Lake Street to Franklin
Street and 25 feet riverward of the existing dock wall on the
south side of the channel from Franklin Street to Wabash Avenue,
and those areas within 20 feet of the bridge abutments on the
south side of the channel for the length of the protection bridge
piers from the Franklin Street Bridge to the Michigan Avenue
Bridge shall no longer be authorized after the date of enactment
of this Act.
SEC. 140. SAN FRANCISCO, CALIFORNIA. CAPITAL IMPROVEMENT
PROJECT.—
(1) ESTABLISHMENT OF OFFICE.—The Secretary shall estab-
lish a centralized office at the office of the district engineer,
San Francisco, California, for the use of all Federal and State
agencies that are or will be involved in issuing permits and
conducting environmental reviews for the capital improvement
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00794
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1843
PUBLIC LAW 108–137—DEC. 1, 2003
project to repair and upgrade the water supply and delivery
system for the city of San Francisco.
(2) CONTRIBUTIONS.—The Secretary may use the authority
under section 214 of the Water Resources Development Act
of 2000 (33 U.S.C. 2201 note) for the project described in
paragraph (1).
(3) PROTECTION
OF
IMPARTIAL
DECISIONMAKING.—In car-
rying out this section, the Secretary and the heads of Federal
agencies receiving funds under such section 214 for the project
described in paragraph (1) shall ensure that the use of the
funds accepted under such section for such project will not
impact impartial decision making with respect to the issuance
of permits, either substantively or procedurally, or diminish,
modify, or otherwise affect the statutory or regulatory authori-
ties of such agencies.
SEC. 141. WOLF LAKE, INDIANA. The project for aquatic eco-
system restoration, Wolf Lake, Indiana, being carried out under
section 206 of the Water Resources Development Act of 1996 (33
U.S.C. 2330), is modified to direct the Secretary to credit toward
the non-Federal share of the cost of the project the cost of planning,
design, and construction work carried out by the non-Federal
interest before the date of the project cooperation agreement for
the project if the Secretary determines that the work is integral
to the project.
SEC. 142. COOK COUNTY, ILLINOIS. The Secretary of the Army
is directed 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 the project
for Calumet and Burr Oaks Schools Sewer Improvements, Cook
County, Illinois, authorized by section 219(f)(54) of the Water
Resources Development Act of 1992 (Public Law 102–580, as
amended), if the Secretary determines that the work is integral
to the project.
SEC. 143. LOS ANGELES HARBOR, LOS ANGELES, CALIFORNIA.
The project for navigation, Los Angeles Harbor, Los Angeles, Cali-
fornia, authorized by section 101(b)(5) of the Water Resources
Development Act of 2000 (114 Stat. 2577), is modified to direct
the Secretary to credit toward the non-Federal share of the cost
of the project 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 deter-
mines the work is integral to the project.
SEC. 144. SAN LORENZO RIVER, CALIFORNIA. The project for
flood control, San Lorenzo River, California, authorized by section
101(a)(5) of the Water Resources Development Act of 1996 (110
Stat. 3663), is modified to direct the Secretary to credit not more
than $2,000,000 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 for
the project if the Secretary determines the work is integral to
the project.
SEC. 145. CALUMET REGION, INDIANA. Section 219(f)(12) of the
Water Resources Development Act of 1992 (113 Stat. 335) is
amended—
(1) by striking ‘‘$10,000,000’’ and inserting ‘‘$30,000,000’’;
and
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00795
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1844
PUBLIC LAW 108–137—DEC. 1, 2003
(2) by striking ‘‘Lake and Porter’’ and inserting ‘‘Benton,
Jasper, Lake, Newton, and Porter’’.
SEC. 146. The Secretary of the Army, acting through the Chief
of Engineers, is authorized to construct the project for flood control,
Meramec River Basin, Valley Park Levee, Missouri, originally
authorized by Public Law 97–128 (95 Stat. 1682) and modified
by section 1128 of WRDA 1986 and section 333 of WRDA 1999,
at a maximum Federal expenditure of $50,000,000.
SEC. 147. The project for flood control, Saw Mill Run, Pennsyl-
vania, authorized by section 401(a) of Public Law 99–662 (100
Stat. 4124) and modified by section 301(a) of Public Law 104–
303 (110 Stat. 3708), is further modified to authorize the Secretary
to carry out the project at a total cost of $22,000,000, with an
estimated Federal cost of $16,500,000 and an estimated non-Federal
cost of $5,500,000.
SEC. 148. The project for flood control, Roanoke River Upper
Basin, Virginia, authorized by section 401(a) of Public Law 99–
662 (100 Stat. 4126), is further modified to authorize the Secretary
to construct the project at a total cost of $61,700,000, with an
estimated Federal cost of $43,000,000 and an estimated non-Federal
cost of $18,700,000.
SEC. 149. The project for harbor deepening, Brunswick Harbor,
Georgia, authorized by section 101(a)(19), Public Law 106–53, and
amended by the fiscal year 2003 Consolidated Appropriations Act,
Public Law 108–7, is further modified to authorize the Secretary
to construct the project at a total cost of $96,276,000 with an
estimated Federal cost of $61,709,000 and an estimated non-Federal
cost of $34,567,000.
SEC. 150. The project for flood control, Lackawanna River at
Olyphant, Pennsylvania, authorized by section 101(16) of Public
Law 102–580 (106 Stat. 4797), is modified to authorize the Secretary
to carry out the project at a total cost of $23,000,000, with an
estimated Federal cost of $17,250,000 and an estimated non-Federal
cost of $5,750,000.
SEC. 151. PERRY CREEK, IOWA. The project for flood protection,
Perry Creek Flood Control Project, Sioux City, Iowa, authorized
under section 401(a) of the Water Resources Development Act of
1986, is modified to increase the project authorization to
$96,870,000 (Federal cost of $58,677,000 and non-Federal cost of
$38,193,000).
SEC. 152. ELIZABETH RIVER, CHESAPEAKE, VIRGINIA. Section
358 of Public Law 106–53 is modified by striking ‘‘September 30,
1999,’’ and inserting ‘‘May 1, 1997,’’.
SEC. 153. Section 219(f) of the Water Resources Development
Act of 1992 is amended by adding at the end the following:
‘‘(71) $6,430,000 for environmental infrastructure for
Indianapolis, Indiana;’’.
SEC. 154. MISSISSIPPI RIVER AND BIG MUDDY RIVER, ILLINOIS.
(a) IN GENERAL.—The project for flood control, Mississippi River
and Big Muddy River, Illinois, authorized by the Flood Control
Act of 1938, is modified to authorize the Secretary to carry out
repair and rehabilitation of the project at a total cost of $22,600,000,
with an estimated Federal cost of $16,950,000 and an estimated
non-Federal cost of $5,650,000, and to perform operation and
maintenance of the project thereafter.
114 Stat.
2763A–221.
113 Stat. 312.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00796
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1845
PUBLIC LAW 108–137—DEC. 1, 2003
(b) OTHER ASSISTANCE.—Federal assistance made available
through the Department of Agriculture may be used toward pay-
ment of the non-Federal share of the costs of the repair and
rehabilitation under this section.
(c) UNITED STATES LANDS.—Costs under this section for the
repair and rehabilitation allocable to the protection of lands owned
by the United States shall be a Federal responsibility. The Secretary
shall seek reimbursement from the Secretary of Agriculture for
the costs allocated to protecting lands owned by the Department
of Agriculture.
(d) OPERATION AND MAINTENANCE OF NON-FEDERAL LANDS.—
The cost of operation and maintenance under this section allocated
to protecting non-Federal lands shall be a non-Federal responsi-
bility.
SEC. 155. MOSS LAKE, LOUISIANA. The Secretary of the Army,
acting through the Chief of Engineers, is authorized to carry out
a project to restore lake depths at Moss Lake, Louisiana, adjacent
to the Calcasieu River and Pass channel at a total project cost
of $2,500,000.
SEC. 156. The project for navigation, Manatee Harbor, Florida,
authorized by section 202(a) of the Water Resources Development
Act of 1986 (100 Stat. 4093), and modified by section 102(j) of
the Water Resources Development Act of 1990 (104 Stat. 4612),
is further modified—
(1) to include the construction of an extension of the south
channel a distance of approximately 1584 feet consistent with
the general reevaluation report, dated April 2002, prepared
by the Jacksonville District Corps of Engineers, at a total
cost of $11,300,000, with an estimated Federal cost of
$8,475,000 and an estimated non-Federal cost of $2,825,000;
(2) to direct the Secretary to credit toward the non-Federal
share of the cost of the project the cost of in-kind services
and materials provided for the project by the non-Federal
interest;
(3) to direct the Secretary to credit toward the non-Federal
share of the cost of the project the cost of 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 that the work is integral to the
project; and
(4) to authorize the Secretary to carry out the project
as modified at a total cost of $61,500,000.
SEC. 157. HARRIS GULLY, HARRIS COUNTY, TEXAS.
(a) STUDY.—
(1) IN GENERAL.—The Secretary shall conduct a study to
determine the feasibility of carrying out a project for flood
damage reduction in the Harris Gully watershed, Harris
County, Texas, to provide flood protection for the Texas Medical
Center, Houston, Texas.
(2) USE OF LOCAL STUDIES AND PLANS.—In conducting the
study, the Secretary shall use, to the extent practicable, studies
and plans developed by the non-Federal interest if the Secretary
determines that such studies and plans meet the evaluation
and design standards of the Corps of Engineers.
(3) COMPLETION DATE.—The Secretary shall complete the
study by July 1, 2004.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00797
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1846
PUBLIC LAW 108–137—DEC. 1, 2003
(b) CRITICAL FLOOD DAMAGE REDUCTION MEASURES.—The Sec-
retary may carry out critical flood damage reduction measures
that the Secretary determines are feasible and that will provide
immediate and substantial flood damage reduction benefits in the
Harris Gully watershed, at a Federal cost of $7,000,000.
(c) CREDIT.—The Secretary shall credit toward the non-Federal
share of the cost of the project the cost of 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 that such work is integral to the project.
(d) NONPROFIT ENTITY.—Notwithstanding section 221 of the
Flood Control Act of 1970 (42 U.S.C. 1962d–5b), a nonprofit entity
may, with the consent of the local government, serve as a non-
Federal interest for the project undertaken under this section.
SEC. 158. The Secretary may 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
the report of the Chief of Engineers, dated August 23, 2002, and
supplemental report dated July 22, 2003, at a total cost of
$4,000,000.
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 deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission.
In addition, for necessary expenses incurred in carrying out
related responsibilities of the Secretary of the Interior, $1,728,000,
to remain available until expended.
BUREAU OF RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFER OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, Indian tribes,
and others, $857,498,000, to remain available until expended, of
which $51,330,000 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 Colorado River Dam Fund; and of which not more than
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00798
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1847
PUBLIC LAW 108–137—DEC. 1, 2003
$500,000 is for high priority projects which shall be carried out
by the Youth Conservation Corps, as authorized by 16 U.S.C. 1706:
Provided, That such transfers may be increased or decreased within
the overall appropriation under this heading: Provided further, That
of the total appropriated, the amount for program activities that
can be financed by the Reclamation Fund or the Bureau of Reclama-
tion special fee account established by 16 U.S.C. 460l–6a(i) shall
be derived from that Fund or account: Provided further, That funds
contributed under 43 U.S.C. 395 are available until expended for
the purposes for which contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That funds
available for expenditure for the Departmental Irrigation Drainage
Program may be expended by the Bureau of Reclamation for site
remediation on a non-reimbursable basis: Provided further, That
$1,000,000 is to be used for completion of the Santa Fe wells
project in New Mexico through a cooperative agreement with the
City of Santa Fe: Provided further, That $10,000,000 of the funds
appropriated herein shall be deposited in the San Gabriel Basin
Restoration Fund established 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 further 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 Reclama-
tion 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 provisions of the Central
Valley Project Improvement Act, $39,600,000, to be derived from
such sums as may be collected in the Central Valley Project Restora-
tion Fund pursuant 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 further, That none of the funds made avail-
able 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, $55,525,000, 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
43 USC 2241.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00799
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1848
PUBLIC LAW 108–137—DEC. 1, 2003
in this Act shall be available for activities or functions budgeted
as policy and administration expenses.
WORKING CAPITAL FUND
(RESCISSION)
From unobligated balances under this heading, $4,525,000 are
rescinded.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed 14 passenger motor vehicles, of which
12 are for replacement only.
GENERAL PROVISIONS
DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of 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 Adminis-
trator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program-Alternative Repayment Plan’’ and the ‘‘SJVDP–
Alternative Repayment Plan’’ described in the report entitled
‘‘Repayment 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 service or drainage studies for the San Luis Unit
shall be fully reimbursable by San Luis Unit beneficiaries of such
service or studies pursuant to Federal reclamation law.
SEC. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries
and expenses of personnel to purchase or lease water in the Middle
Rio Grande or the Carlsbad Projects in New Mexico unless said
purchase or lease is in 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 deliv-
ered under these contracts to be determined 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) promote full
utilization of existing water entitlements within Sacramento
County; (ii) implement water conservation and metering programs
within the areas served by the contract; and (iii) implement pro-
grams to maximize to the extent feasible conjunctive use of surface
water and groundwater’’.
104 Stat. 2087.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00800
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1849
PUBLIC LAW 108–137—DEC. 1, 2003
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 Subur-
ban Water District by deleting a provision requiring a determination
of annual water needs included pursuant to section 206 of Public
Law 101–514.
SEC. 205. LOWER COLORADO RIVER BASIN DEVELOPMENT. (a)
IN GENERAL.—Notwithstanding section 403(f) of the Colorado River
Basin Project Act (43 U.S.C. 1543(f)), no amount from the Lower
Colorado River Basin Development Fund shall be paid to the general
fund of the Treasury until each provision of the revised Stipulation
Regarding a Stay and for Ultimate Judgment Upon the Satisfaction
of Conditions, filed in United States District Court on April 24,
2003, in Central Arizona Water Conservation District v. United
States (No. CIV 95–625–TUC–WDB (EHC), No. CIV 95–1720–OHX–
EHC (Consolidated Action)), and any amendment or revision
thereof, is met.
(b) PAYMENT TO GENERAL FUND.—If any of the provisions of
the stipulation referred to in subsection (a) are not met by the
date that is 10 years after the date of enactment of this Act,
payments to the general fund of the Treasury shall resume in
accordance with section 403(f) of the Colorado River Basin Project
Act (43 U.S.C. 1543(f)).
(c) AUTHORIZATION.—Amounts in the Lower Colorado River
Basin Development Fund that but for this section 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 ‘‘Adminis-
trative 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’’.
SEC. 207. Funds under this title for Drought Emergency Assist-
ance shall be made available primarily for leasing of water for
specified drought related purposes from willing lessors, in compli-
ance with existing State laws and administered under State water
priority allocation. Such leases may be entered into with an option
to purchase: Provided, That such purchase is approved by the
State in which the purchase takes place and the purchase does
not cause economic harm within the State in which the purchase
is made.
SEC. 208. (a) Notwithstanding any other provision of law, the
Secretary of the Interior, acting through the Commissioner of the
Bureau of Reclamation, may not obligate funds appropriated for
the current fiscal year or any prior Energy and Water Development
Appropriations Act, or funds otherwise made available to the
Commissioner of the Bureau of Reclamation, and may not use
discretion, if any, to restrict, reduce or reallocate any water stored
in Heron Reservoir or 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.
(b) Complying with the reasonable and prudent alternatives
and the incidental take limits defined in the Biological Opinion
43 USC 1543
note.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00801
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1850
PUBLIC LAW 108–137—DEC. 1, 2003
released by the United States Fish and Wildlife Service dated
March 17, 2003 combined with efforts carried out pursuant to
Public Law 106–377, Public Law 107–66, and Public Law 108–
7 fully meet all requirements of the Endangered Species Act (16
U.S.C. 1531 et seq.) for the conservation of the Rio Grande Silvery
Minnow (Hybognathus amarus) and the Southwestern Willow
Flycatcher (Empidonax trailii extimus) on the Middle Rio Grande
in New Mexico.
(c) This section applies only to those Federal agency and non-
Federal actions addressed in the March 17, 2003 Biological Opinion.
(d) Subsection (b) will remain in effect for 2 years following
the implementation of this Act.
SEC. 209. ENDANGERED SPECIES COLLABORATIVE PROGRAM. (a)
Using funds previously appropriated, the Secretary of the Interior,
acting through the Commissioner of the Bureau of Reclamation
and the Director of the Fish and Wildlife Service, for purposes
of improving the efficiency and expediting the efforts of the Endan-
gered Species Act Collaborative Program Workgroup, is directed
to establish an executive committee of seven members consisting
of—
(1) one member from the Bureau of Reclamation;
(2) one member from the Fish and Wildlife Service; and
(3) one member at large representing each of the following
seven entities (selected at the discretion of the entity in con-
sultation with the Bureau of Reclamation and the Fish and
Wildlife Service) currently participating as signatories to the
existing Memorandum of Understanding:
(A) other Federal agencies;
(B) State agencies;
(C) municipalities;
(D) universities and environmental groups;
(E) agricultural communities;
(F) Middle Rio Grande Pueblos (Sandia, Isleta, San
Felipe, Cochiti, Santa Ana, and Santo Domingo); and
(G) Middle Rio Grande Conservancy District.
(b) Formation of this Committee shall not occur later than
45 days after enactment of this Act.
(c) Fiscal year 2004 appropriations shall not be obligated or
expended prior to approval of a detailed spending plan by the
House and Senate Committees on Appropriations.
(d) The above section shall come into effect within 180 days
of enactment of this Act, unless the Bureau of Reclamation, in
consultation with the above listed parties, has provided an alter-
native workgroup structure which has been approved by the House
and Senate Committees on Appropriations.
SEC. 210. TULAROSA BASIN NATIONAL DESALINATION RESEARCH
FACILITY. (a) DESALINATION DEMONSTRATION AND DEVELOPMENT.—
Pursuant to section 4(a) of Public Law 104–298; 110 Stat. 3622
(October 11, 1996), the Secretary may hereafter conduct or contract
for the design, construction, testing and operation of the Tularosa
Basin National Desalination Research Facility.
(b) The Tularosa Basin National Desalination Research Facility
is hereafter exempt from all provisions of section 7 of Public Law
104–298; 110 Stat. 3622 (October 11, 1996). The Federal share
of the cost of the Tularosa Basin National Desalination Research
Facility may be up to 100 percent, including the cost of design,
construction, operation, maintenance, repair and rehabilitation.
Effective date.
Deadline.
Establishment.
Termination
date.
Applicability.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00802
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1851
PUBLIC LAW 108–137—DEC. 1, 2003
SEC. 211. The Secretary of the Interior, in carrying out
CALFED-related activities, may undertake feasibility studies for
Sites Reservoir, Los Vaqueros Reservoir Enlargement, and Upper
San Joaquin Storage projects, hereafter. These storage studies
should be pursued along with ongoing environmental and other
projects in a balanced manner.
SEC. 212. The Secretary of the Interior, acting through the
Commissioner of the Bureau of Reclamation, is authorized to enter
into grants, cooperative agreements, and other agreements with
irrigation or water districts to fund up to 50 percent of the cost
of planning, designing, and constructing improvements that will
conserve water, increase water use efficiency, or enhance water
management through measurement or automation, at existing
water supply projects within the states identified in the Act of
June 17, 1902, as amended, and supplemented: Provided, That
when such improvements are to federally owned facilities, such
funds may be provided in advance on a non-reimbursable basis
to an entity operating affected transferred works or may be deemed
non-reimbursable for non-transferred works: Provided further, That
the calculation of the non-Federal contribution shall provide for
consideration of the value of any in-kind contributions, but shall
not include funds received from other Federal agencies: Provided
further, That the cost of operating and maintaining such improve-
ments shall be the responsibility of the non-Federal entity: Provided
further, That this section shall not supercede any existing project-
specific funding authority. The Secretary is also authorized to enter
into grants or cooperative agreements with universities or non-
profit research institutions to fund water use efficiency research.
SEC. 213. HAWAII WATER RESOURCES STUDY. The Hawaii Water
Resources Act of 2000 (Public Law 106–566; 114 Stat. 2818) is
amended—
(1) in section 103—
(A) in subsection (b)(1), by striking ‘‘Not’’ and all that
follows through ‘‘the Secretary’’ and inserting ‘‘The Sec-
retary’’ and
(B) in subsection (e), by striking ‘‘$300,000’’ and all
that follows and inserting ‘‘$2,000,000 for the Federal share
of the activities authorized under this section’’; and
(2) in section 104(b), by striking ‘‘cost-effective,’’ and all
that follows and inserting ‘‘cost-effective.’’.
SEC. 214. Notwithstanding the provisions of title IV of Public
Law 102–575 (106 Stat. 4648), the contributions of the Western
Area Power Administration to the Utah Reclamation Mitigation
and Conservation Account shall expire 10 fiscal years from the
date of enactment of this Act. Such contributions shall be from
an account established by the Western Area Power Administration
for this purpose and such contributions shall be made available
to the Utah Reclamation Mitigation and Conservation Account sub-
ject to appropriations. After 10 fiscal years from the date of enact-
ment of this Act, the Utah Reclamation Mitigation and Conservation
Commission is hereby authorized to utilize interest earned and
accrued to the Utah Reclamation Mitigation and Conservation
Account.
SEC. 215. TUALATIN RIVER BASIN, OREGON. (a) AUTHORIZATION
TO CONDUCT FEASIBILITY STUDY.—The Secretary of the Interior
may conduct a Tualatin River Basin water supply feasibility study—
Expiration date.
114 Stat. 2819.
114 Stat. 2818.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00803
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1852
PUBLIC LAW 108–137—DEC. 1, 2003
(1) to identify ways to meet future water supply needs
for agricultural, municipal, and industrial uses;
(2) to identify water conservation and water storage meas-
ures;
(3) to identify measures that would—
(A) improve water quality; and
(B) enable environmental and species protection; and
(4) as appropriate, to evaluate integrated water resource
management and supply needs in the Tualatin River Basin,
Oregon.
(b) FEDERAL SHARE.—The Federal share of the cost of the
study conducted under subsection (a)—
(1) shall not exceed 50 percent; and
(2) shall be nonreimbursable and nonreturnable.
(c) ACTIVITIES.—No activity carried out under this section shall
be considered a supplemental or additional benefit under Federal
reclamation law (the Act of June 17, 1902 (32 Stat. 388, chapter
1093), and Acts supplemental to and amendatory of that Act (43
U.S.C. 371 et seq.)).
(d) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated to carry out this section $2,900,000, to remain
available until expended.
SEC. 216. FACILITATION OF INDIAN WATER RIGHTS IN ARIZONA.
In order to facilitate Indian water rights settlements in the State
of Arizona, the Secretary may:
(1) Extend, on an annual basis, the repayment schedule
of debt incurred under section 9(d) of the Act of August 4,
1939 (43 U.S.C 485h(d)) by irrigation districts who have con-
tracts for water delivery from the Central Arizona Project.
(2) If requested by either the Gila River Indian Community
or the San Carlos Apache Tribe, utilize appropriated funds
transferred into the Lower Colorado River Basin Development
Fund for construction of Indian Distribution systems to assist
in the partial funding of costs associated with the on-reservation
delivery of CAP water to these Indian tribes as set forth in
the Bureau of Reclamation’s FY 2004 Budget Justifications,
PF–2B Schedules for construction of the Central Arizona
Project. These funds shall be non-reimbursable Operation and
Maintenance funds and shall not exceed amounts projected
for construction by these Indian tribes as set forth in the
Bureau of Reclamation’s PF–2B Schedules that support the
FY 2004 Budget Justifications for the Central Arizona Project.
SEC. 217. RESTORATION OF FISH AND WILDLIFE HABITAT, PROVI-
SION OF BOTTLED WATER FOR FALLON SCHOOLCHILDREN, AND ASSO-
CIATED PROVISIONS. (a) IN GENERAL.—In carrying out section 2507
of Public Law 107–171, title II, subtitle F, the Secretary of Interior,
acting through the Commissioner of Reclamation, shall—
(1) Notwithstanding section 2507 (b) of Public Law 107–
171, title II, subtitle F, and in accordance with Public Law
101–618, provide $2,500,000 to the State of Nevada to purchase
water rights from willing sellers and make necessary improve-
ments to benefit Carson Lake and Pasture: Provided, That
such funds shall only be provided by the Bureau of Reclamation
when the title to Carson Lake and Pasture is conveyed to
the State of Nevada.
(2) As soon as practicable after enactment, provide $133,000
to Families in Search of the Truth, Fallon, Nevada, for the
Nevada.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00804
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1853
PUBLIC LAW 108–137—DEC. 1, 2003
purchase of bottled water and costs associated with providing
such water to schoolchildren in Fallon-area schools.
(3) In consultation with the Pershing County Water Con-
servation District, the Commissioner shall expend $270,000
for the State of Nevada’s costs associated with the National
Environmental Policy Act review of the Humboldt Title
Transfer: Provided, That notwithstanding Public Law 107–282,
section 804(d)–(f), the State of Nevada shall pay any other
costs assigned to the State as an entity receiving title in Public
Law 107–282, section 804(b)–(e) or due to any reconveyance
under Public Law 107–282, section 804(f), including any such
National Environmental Policy Act costs that exceed the
$270,000 expended by the Commissioner under this subpara-
graph.
(4) Provide $1,000,000 to the University of Nevada, Reno’s
Biodiversity initiative for public education and associated tech-
nical assistance and outreach concerning the issues affecting
the restoration of Walker Lake.
(b) ADMINISTRATION.—The Secretary of the Interior, acting
through the Commissioner of Reclamation, may provide financial
assistance to State and local public agencies, Indian tribes, nonprofit
organizations, and individuals to carry out this section and section
2507 of Public Law 107–171.
SEC. 218. The Secretary of the Interior shall extend the term
of the Sacramento River Settlement Contracts, long- and short-
form, entered into by the United States with various districts and
individuals, section 14 of the Reclamation Project Act of 1939 (53
Stat. 1197), for a period of 2 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. (a) Section 1(b) of Public Law 105–295 (112 Stat.
2820) is amended by striking the second sentence and inserting
the following: ‘‘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. The
temperature control device and associated temperature monitoring
facilities shall 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.’’.
(b) Section 1(c) of Public Law 105–295 (112 Stat. 2820) is
amended by striking ‘‘$1,000,000’’ and inserting ‘‘$3,500,000’’.
SEC. 220. Not subject to fiscal year limitation, the Secretary
of the Interior is hereafter authorized to implement, and enter
into financial assistance or other agreements as may be necessary
to undertake such activities identified for implementation (including
construction) generally in accordance with section III of, and the
Pumping/Dam Removal Plan as defined in, United States District
Court Consent Decree ‘‘United States, et al., v. Grants Pass Irriga-
tion District, Civil No. 98–3034–HO’’ (August 27, 2001). There are
authorized to be appropriated such sums as may be necessary
to carry out this provision, and activities conducted under this
provision shall be nonreimbursable and nonreturnable.
SEC. 221. EXTENSION OF CERTAIN IRRIGATION PROJECT CON-
TRACTS. Section 2 of the Irrigation Project Contract Extension Act
of 1998 (112 Stat. 2816, 114 Stat. 1441, 1441A–70) is amended—
Contracts.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00805
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1854
PUBLIC LAW 108–137—DEC. 1, 2003
(1) in subsection (a), by striking ‘‘December 31, 2003’’ and
inserting ‘‘December 31, 2005’’; and
(2) in subsection (b)—
(A) in the first sentence, by striking ‘‘beyond December
31, 2003’’ and inserting ‘‘beyond December 31, 2005’’; and
(B) in the second sentence, by striking ‘‘prior to
December 31, 2003’’ and inserting ‘‘before December 31,
2005’’.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY SUPPLY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy supply activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion, and the purchase of not to exceed 12
passenger motor vehicles for replacement only, including two buses;
$737,537,000, to remain available until expended.
NON-DEFENSE SITE ACCELERATION COMPLETION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental manage-
ment site acceleration 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, $163,375,000, 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 activities that indirectly support
the accelerated cleanup and closure mission at environmental
management sites, as well as new work scope transferred to the
Environmental Management program, including the purchase,
construction, and acquisition of plant and capital equipment and
other necessary expenses, $339,468,000, to remain available until
expended.
URANIUM ENRICHMENT DECONTAMINATION AND DECOMMISSIONING
FUND
For necessary expenses in carrying out uranium enrichment
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,
$416,484,000, to be derived from the Fund, to remain available
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00806
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1855
PUBLIC LAW 108–137—DEC. 1, 2003
until expended, of which $51,000,000 shall be available in accord-
ance 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 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 facility or for plant or facility acquisition, construc-
tion, or expansion, and purchase of not to exceed 15 passenger
motor vehicles for replacement only, including not to exceed one
ambulance, $3,451,700,000, to remain available until expended.
NUCLEAR WASTE DISPOSAL
For nuclear waste disposal activities to carry out the purposes
of Public Law 97–425, as amended, including the acquisition of
real property or facility construction or expansion, $190,000,000,
to remain available until expended and to be derived from the
Nuclear Waste Fund: Provided, That none of the funds provided
herein may be used for international travel.
DEPARTMENTAL ADMINISTRATION
(INCLUDING TRANSFER OF FUNDS)
For salaries and expenses of the Department of Energy nec-
essary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the hire of passenger motor vehicles and official
reception and representation expenses (not to exceed $35,000),
$216,533,000, to remain available until expended, plus such addi-
tional amounts as necessary to cover increases in the estimated
amount of cost of work for others notwithstanding the provisions
of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That
such increases in cost of work are offset by revenue increases
of the same or greater amount, to remain available until expended:
Provided 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 author-
ized 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 miscellaneous reve-
nues received during fiscal year 2004, and any related unappropri-
ated receipt account balances remaining from prior years’ miscella-
neous revenues, so as to result in a final fiscal year 2004 appropria-
tion from the general fund estimated at not more than $93,533,000.
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.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00807
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1856
PUBLIC LAW 108–137—DEC. 1, 2003
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
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
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 purchase of not
to exceed six passenger motor vehicles, of which four shall be
for replacement only, including not to exceed two buses;
$6,272,511,000, to remain available until expended: Provided, That
$87,000,000 is authorized to be appropriated for Project 01–D–
108, Microsystems and engineering sciences applications (MESA),
Sandia National Laboratories, Albuquerque, New Mexico: Provided
further, That $3,564,000 is authorized to be appropriated for Project
04–D–103, Project engineering and design (PED), various locations:
Provided further, That a plant or construction project for which
amounts are made available under this heading in this fiscal year
with a current estimated cost of less than $10,000,000 is considered
for purposes of section 3622 of Public Law 107–314 as a plant
project for which the approved total estimated cost does not exceed
the minor construction threshold and for purposes of section 3623
of Public Law 107–314 as a construction project with a current
estimated cost of less than the minor construction threshold.
DEFENSE NUCLEAR NONPROLIFERATION
For Department of Energy expenses, including the purchase,
construction and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense,
defense nuclear nonproliferation activities, in carrying out the pur-
poses 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, $1,327,612,000, to remain available until
expended.
NAVAL REACTORS
For Department of Energy expenses necessary for naval reac-
tors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion, and the
purchase of not to exceed one bus; $766,400,000, to remain available
until expended.
OFFICE OF THE ADMINISTRATOR
For necessary expenses of the Office of the Administrator in
the National Nuclear Security Administration, including official
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00808
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1857
PUBLIC LAW 108–137—DEC. 1, 2003
reception and representation expenses (not to exceed $12,000),
$339,980,000, to remain available until expended.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE SITE ACCELERATION COMPLETION
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense site acceleration
completion activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion;
$5,651,062,000, to remain available until expended: Provided, That
the Secretary of Energy is directed to use $1,000,000 of the funds
provided for regulatory and technical assistance to the State of
New Mexico, to amend the existing WIPP Hazardous Waste Permit
to comply with the provisions of section 310 of this Act.
DEFENSE ENVIRONMENTAL SERVICES
For Department of Energy expenses necessary for defense-
related environmental services activities that indirectly support
the accelerated cleanup and closure mission at environmental
management sites, including the purchase, construction, and
acquisition of plant and capital equipment and other necessary
expenses, and the purchase of not to exceed one ambulance for
replacement only, $991,144,000, to remain available until expended.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital 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 condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $674,491,000, to
remain available until expended.
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, $390,000,000,
to remain available until expended.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$1,500. During fiscal year 2004, no new direct loan obligations
may be made.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00809
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1858
PUBLIC LAW 108–137—DEC. 1, 2003
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 remain available until expended; in addition, notwith-
standing the provisions of 31 U.S.C. 3302, up to $19,000,000 col-
lected by the Southeastern Power Administration pursuant to the
Flood Control Act to recover purchase power and wheeling expenses
shall be credited to this account as offsetting 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 reception and representation expenses in an
amount not to exceed $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, notwithstanding the provi-
sions of 31 U.S.C. 3302, up to $1,512,000 collected by the South-
western Power Administration pursuant to the Flood Control Act
to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and
wheeling expenditures; in addition, notwithstanding 31 U.S.C. 3302,
beginning in fiscal year 2004 and thereafter, such funds as are
received by the Southwestern Power Administration from any State,
municipality, 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 expended.
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, including official reception and
representation expenses in an amount not to exceed $1,500,
$177,950,000, to remain available until expended, of which
$167,236,000 shall be derived from the Department of the Interior
Reclamation Fund: Provided, That of the amount herein appro-
priated, $6,200,000 is for deposit into the Utah Reclamation Mitiga-
tion and Conservation Account pursuant to title IV of the Reclama-
tion Projects Authorization and Adjustment Act of 1992: Provided
further, That notwithstanding the provision of 31 U.S.C. 3302,
16 USC 825s–4.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00810
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1859
PUBLIC LAW 108–137—DEC. 1, 2003
up to $162,108,000 collected by the Western Area Power Adminis-
tration pursuant to the Flood Control Act of 1944 and the Reclama-
tion Project Act of 1939 to recover purchase 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: Provided further, That
the $750,000 that is made available under this heading for a trans-
mission study on the placement of 500 megawatt wind energy
in North Dakota and South Dakota may be nonreimbursable: Pro-
vided further, That, in accordance with section 203 of the Colorado
River Basin Salinity Control Act (43 U.S.C. 1593), electrical power
supply and delivery assistance may be provided to the local distribu-
tion utility as required to maintain proper voltage levels at the
Big Sandy River Diffuse Source Control Unit.
FALCON AND AMISTAD OPERATING AND MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydro-
electric 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 Administration, 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 Regulatory
Commission to carry out the provisions of the Department 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), $204,400,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, not to exceed
$204,400,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2004 shall be retained and
used for necessary expenses in this account, and shall remain
available until expended: Provided further, That the sum herein
appropriated from the general fund shall be reduced as revenues
are received during fiscal year 2004 so as to result in a final
fiscal year 2004 appropriation from the general fund estimated
at not more than $0.
DEFENSE ENVIRONMENTAL MANAGEMENT PRIVATIZATION
(RESCISSION)
Of the funds appropriated in prior Energy and Water Develop-
ment Appropriation Acts, $15,329,000 of unexpended balances of
prior appropriations are rescinded: Provided, That $13,329,000 shall
be derived from the Paducah Disposal Facility Privatization (OR–
574) and $2,000,000 shall be derived from the Portsmouth Disposal
Facility Privatization (OR–674).
42 USC 7171
note.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00811
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1860
PUBLIC LAW 108–137—DEC. 1, 2003
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
SEC. 301. (a)(1) None of the funds in this or any other appropria-
tions Act for fiscal year 2004 or any previous fiscal year may
be used to make payments for a noncompetitive management and
operating contract unless the Secretary of Energy, not later than
60 days after the date of the enactment of this Act, publishes
in the Federal Register and submits to the Committees on Appro-
priations of the House of Representatives and the Senate a written
notification, with respect to each such contract, of the Secretary’s
decision to use competitive procedures for the award of the contract,
or to not renew the contract, when the term of the contract expires.
(2) Notwithstanding paragraph (1), the Secretary of Energy
may use appropriated funds to maintain operations of noncompeti-
tive management and operating contracts as necessary during the
60-day period beginning on the date of the enactment of this Act.
(3) Paragraph (1) does not apply to an extension for up to
2 years of a noncompetitive management and operating contract,
if the extension is for purposes of allowing time to award competi-
tively a new contract, to provide continuity of service between
contracts, or to complete a contract that will not be renewed.
(b) In this section:
(1) The term ‘‘noncompetitive management and operating
contract’’ means a contract that was awarded more than 50
years ago without competition for the management and oper-
ation of Ames Laboratory, Argonne National Laboratory, Law-
rence Berkeley National Laboratory, Lawrence Livermore
National Laboratory, and Los Alamos National Laboratory.
(2) The term ‘‘competitive procedures’’ has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described
in section 303 of the Federal Property and Administrative Serv-
ices Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
SEC. 302. None of the funds appropriated by this Act may
be used to—
(1) develop or implement a workforce restructuring 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 $13,400,000 made available for obligation
by this Act for severance payments and other benefits and commu-
nity assistance grants under section 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 appropriate
congressional committees.
SEC. 304. None of the funds appropriated by this Act may
be used to prepare or initiate Requests For Proposals (RFPs) for
a program if the program has not been funded by Congress.
Contracts.
Deadline.
Notification.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00812
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1861
PUBLIC LAW 108–137—DEC. 1, 2003
(TRANSFERS OF UNEXPENDED BALANCES)
SEC. 305. The unexpended balances of prior appropriations
provided for activities in this Act may be transferred to appropria-
tion accounts for such activities established pursuant to this title.
Balances so transferred may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one
fund for the same time period as originally enacted.
SEC. 306. None of the funds in this or any other Act for
the Administrator of the Bonneville Power Administration may
be used to enter into any agreement to perform energy efficiency
services outside the legally defined Bonneville service territory,
with the exception of services provided internationally, including
services provided on a reimbursable basis, unless the Administrator
certifies in advance that such services are not available from private
sector 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 participation
of a university or other potential user as a formal partner in
the establishment or operation of a user facility, the Department
shall employ full and open competition in selecting such a partner.
For purposes of this section, the term ‘‘user facility’’ includes, but
is not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
National Nuclear Security Administration Defense Programs Tech-
nology Deployment Center/User Facility; and (3) any other Depart-
mental facility designated by the Department as a user facility.
SEC. 308. The Administrator of the National Nuclear Security
Administration may authorize the manager of a covered nuclear
weapons research, development, testing or production facility to
engage in research, development, and demonstration activities with
respect to the engineering and manufacturing capabilities at such
facility in order to maintain and enhance such capabilities at such
facility: Provided, That of the amount allocated to a covered nuclear
weapons facility each fiscal year from amounts available to the
Department of Energy for such fiscal year for national security
programs, not more than an amount equal to 2 percent of such
amount may be used for these activities: Provided further, That
for purposes of this section, the term ‘‘covered nuclear weapons
facility’’ means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(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) during fiscal year 2004 until the enactment of
the Intelligence Authorization Act for fiscal year 2004.
50 USC 2812
note.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00813
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1862
PUBLIC LAW 108–137—DEC. 1, 2003
SEC. 310. None of the funds in this Act may be used to dispose
of transuranic waste in the Waste Isolation Pilot Plant which con-
tains concentrations of plutonium in excess of 20 percent by weight
for the aggregate of any material category on the date of enactment
of this Act, or is generated after such date. For the purposes
of this section, the material categories of transuranic waste at
the Rocky Flats Environmental Technology Site include: (1) ash
residues; (2) salt residues; (3) wet residues; (4) direct repackage
residues; and (5) scrub alloy as referenced in the ‘‘Final Environ-
mental Impact Statement on Management of Certain Plutonium
Residues and Scrub Alloy Stored at the Rocky Flats Environmental
Technology Site’’.
SEC. 311. (a) The Secretary of Energy is directed to file a
permit modification to the Waste Analysis Plan (WAP) and associ-
ated provisions contained in the Hazardous Waste Facility Permit
for the Waste Isolation Pilot Plant (WIPP). For purposes of deter-
mining compliance of the modifications to the WAP with the haz-
ardous waste analysis requirements of the Solid Waste Disposal
Act (42 U.S.C. 6901 et seq.), or other applicable laws waste con-
firmation for all waste received for storage and disposal shall be
limited to: (1) confirmation that the waste contains no ignitable,
corrosive, or reactive waste through the use of either radiography
or visual examination of a statistically representative subpopulation
of the waste; and (2) review of the Waste Stream Profile Form
to verify that the waste contains no ignitable, corrosive, or reactive
waste and that assigned Environmental Protection Agency haz-
ardous waste numbers are allowed for storage and disposal by
the WIPP Hazardous Waste Facility Permit.
(b) Compliance with the disposal room performance standards
of the WAP shall be demonstrated exclusively by monitoring air-
borne volatile organic compounds in underground disposal rooms
in which waste has been emplaced until panel closure.
SEC. 312. Notwithstanding any other provision of law, the
material in the concrete silos at the Fernald uranium processing
facility currently managed by the Department of Energy and the
ore processing residual materials in the Niagara Falls Storage
Site subsurface waste containment structure managed by the
United States Army Corps of Engineers under the Formerly Utilized
Sites Remedial Action Program shall be considered ‘‘byproduct
material’’ as defined by section 11e.(2) of the Atomic Energy Act
of 1954, as amended (42 U.S.C. 2014(e)(2)). The Nuclear Regulatory
Commission or an Agreement State, as appropriate, shall regulate
the material as ‘‘11e.(2) by-product material’’ for the purpose of
disposition of the material in an NRC-regulated or Agreement State-
regulated facility.
SEC. 313. No funds appropriated or otherwise made available
under this title under the heading ‘‘ATOMIC ENERGY DEFENSE
ACTIVITIES’’ may be obligated or expended for additional and
exploratory studies under the Advanced Concepts Initiative until
30 days after the date on which the Administrator for Nuclear
Security submits to Congress a detailed report on the planned
activities for additional and exploratory studies under the initiative
for fiscal year 2004. The report shall be submitted in unclassified
form, but may include a classified annex.
SEC. 314. MARTIN’S COVE LEASE. (a) DEFINITIONS.—In this sec-
tion:
Deadline.
Reports.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00814
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1863
PUBLIC LAW 108–137—DEC. 1, 2003
(1) BUREAU OF LAND MANAGEMENT.—The term ‘‘Bureau
of Land Management’’, hereafter referred to as the ‘‘BLM’’,
means an agency of the Department of the Interior.
(2) CORPORATION.—The term ‘‘Corporation’’ means the Cor-
poration of the Presiding Bishop of The Church of Jesus Christ
of Latter-day Saints, located at 50 East North Temple Street,
Salt Lake City, Utah.
(3) MARTIN’S COVE.—The term ‘‘Martin’s Cove’’ means the
area, consisting of approximately 940 acres of public lands
in Natrona County, Wyoming as depicted on the Martin’s Cove
map numbered MC–001.
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) LEASE.—
(1) IN GENERAL.—Not later than 120 days after the date
of enactment of this Act, the Secretary shall enter into an
agreement with the Corporation to lease, for a term of 25
years, approximately 940 acres of Federal land depicted on
the Martin’s Cove map MC–001. The Corporation shall retain
the right of ingress and egress in, from and to any part of
the leasehold for its use and management as an important
historical site.
(2) TERMS AND CONDITIONS.—
(A) SURVEY.—As a condition of the agreement under
paragraph (1), the Corporation shall provide a boundary
survey to the Secretary, acceptable to the Corporation and
the Secretary, of the parcels of land to be leased under
paragraph (1).
(B) ACCESS.—
(i) IN GENERAL.—The Secretary and the Corpora-
tion shall enter into a lease covenant, binding on any
successor or assignee that ensures that, consistent with
the historic purposes of the site, public access will
be provided across private land owned by the Corpora-
tion to Martin’s Cove and Devil’s Gate. Access shall—
(I) ensure public visitation for historic, edu-
cational and scenic purposes through private lands
owned by the Corporation to Martin’s Cove and
Devil’s Gate;
(II) provide for public education, ecologic and
preservation at the Martin’s Cove site;
(III) be provided to the public without charge;
and
(IV) permit the Corporation, in consultation
with the BLM, to regulate entry as may be
required to protect the environmental and historic
values of the resource at Martin’s Cove or at such
times as necessitated by weather conditions, mat-
ters of public safety and nighttime hours.
(C) IMPROVEMENTS.—The Corporation may, upon
approval of the BLM, improve the leasehold as may become
necessary from time to time in order to accommodate visi-
tors to the leasehold.
(D) ARCHAEOLOGICAL PRESERVATION.—The Corporation
shall have the obligation to protect and maintain any
historical or archaeological artifacts discovered or otherwise
identified at Martin’s Cove.
Deadline.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00815
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1864
PUBLIC LAW 108–137—DEC. 1, 2003
(E) VISITATION
GUIDELINES.—The Corporation may
establish, in consultation with the BLM, visitation guide-
lines with respect to such issues as firearms, alcoholic
beverages, and controlled substances and conduct con-
sistent with the historic nature of the resource, and to
protect public health and safety.
(F) NO ABRIDGEMENT.—The lease shall not be subject
to abridgement, modification, termination, or other taking
in the event any surrounding area is subsequently des-
ignated as a wilderness or other protected areas. The lease
shall contain a provision limiting the ability of the Sec-
retary from administratively placing Martin’s Cove in a
restricted land management status such as a Wilderness
Study Area.
(G) RIGHT OF FIRST REFUSAL.—The Corporation shall
be granted a right of first refusal to lease or otherwise
manage Martin’s Cove in the event the Secretary proposes
to lease or transfer control or title of the land to another
party.
(H) FAIR MARKET VALUE LEASE PAYMENTS.—The Cor-
poration shall make lease payments which reflect the fair
market rental value of the public lands to be leased, pro-
vided however, such lease payments shall be offset by
value of the public easements granted by the Corporation
to the Secretary across private lands owned by the Corpora-
tion for access to Martin’s Cove and Devil’s Gate.
(I) RENEWAL.—The Secretary may offer to renew such
lease on terms which are mutually acceptable to the par-
ties.
(c) MINERAL WITHDRAWAL.—The Secretary shall retain the sub-
surface mineral estate under the 940 acres under the leasehold.
The 940 acres described in subsection (a)(3) are hereby withdrawn
from mining location and from all forms of entry, appropriation,
and disposal under the public land laws.
(d) NO PRECEDENT SET.—This Act does not set a precedent
for the terms and conditions of leases between or among private
entities and the United States.
(e) VALID AND EXISTING RIGHTS.—The Lease provided for under
this section shall be subject to valid existing rights with respect
to any lease, right-of-way, permit, or other valid existing rights
to which the property is subject.
(f) AVAILABILITY OF MAP.—The Secretary shall keep the map
identified in this section on file and available for public inspection
in the Casper District Office of the BLM in Wyoming and the
State Office of the BLM, Cheyenne, Wyoming.
(g) NEPA COMPLIANCE.—The Secretary shall comply with the
provisions of the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.) in carrying out this section.
SEC. 315. REINSTATEMENT
AND TRANSFER
OF
THE FEDERAL
LICENSE FOR PROJECT NO. 2696. (a) DEFINITIONS.—
(1) COMMISSION.—The term ‘‘Commission’’ means the Fed-
eral Energy Regulatory Commission.
(2) TOWN.—The term ‘‘town’’ means the town of Stuyvesant,
New York, the holder of Federal Energy Regulatory Commission
Preliminary Permit No. 11787.
(b) REINSTATEMENT AND TRANSFER.—Notwithstanding section
8 of the Federal Power Act (16 U.S.C. 801) or any other provision
Deadline.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00816
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1865
PUBLIC LAW 108–137—DEC. 1, 2003
of that Act, the Commission shall, not later than 30 days after
the date of enactment of this Act—
(1) reinstate the license for Project No. 2696; and
(2) transfer the license to the town.
(c) HYDROELECTRIC INCENTIVES.—Project No. 2696 shall be enti-
tled to the full benefit of any Federal law that—
(1) promotes hydroelectric development; and
(2) that is enacted within 2 years before or after the date
of enactment of this Act.
(d) CO-LICENSEE.—Notwithstanding the issuance of a prelimi-
nary permit to the town and any consideration of municipal pref-
erence, the town may at any time add as a co-licensee to the
reinstated license a private or public entity.
(e) PROJECT FINANCING.—The town may receive loans under
sections 402 and 403 of the Public Utility Regulatory Policies Act
of 1978 (16 U.S.C. 2702, 2703) or similar programs for the
reimbursement of the costs of any feasibility studies and project
costs incurred during the period beginning on January 1, 2001
and ending on December 31, 2006.
(f) ENERGY CREDITS.—Any power produced by the project shall
be deemed to be incremental hydropower for purposes of qualifying
for energy credits or similar benefits.
SEC. 316. Of the funds made available in this Act for Defense
Environmental Services, $1,000,000 shall be provided to the State
of Nevada solely for expenditures, other than salaries and expenses
of State employees, to conduct scientific oversight responsibilities
and participate in licensing activities pursuant to the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended: Provided,
That $4,000,000 shall be provided to affected units of local govern-
ments, as defined in Public Law 97–425, to conduct appropriate
activities pursuant to the Act: Provided further, That the distribu-
tion of the funds as determined by the units of local government
shall be approved by the Department of Energy: Provided further,
That the funds for the State of Nevada shall be made available
solely to the Nevada Division of Emergency Management by direct
payment and units of local government by direct payment: Provided
further, That within 90 days of the completion of each Federal
fiscal year, the Nevada Division of Emergency Management and
the Governor of the State of Nevada and each local entity shall
provide certification to the Department of Energy that all funds
expended from such payments have been expended for activities
authorized by Public Law 97–425 and this Act. Failure to provide
such certification shall cause such entity to be prohibited from
any further funding provided for similar activities: Provided further,
That none of the funds herein appropriated may be: (1) used directly
or indirectly to influence legislative action on any matter pending
before Congress or a State legislature or for lobbying activity as
provided in 18 U.S.C. 1913; (2) used for litigation expenses; or
(3) used to support multi-State efforts or other coalition building
activities inconsistent with the restrictions contained in this Act:
Provided further, That all proceeds and recoveries realized by the
Secretary in carrying out activities authorized by the Nuclear Waste
Policy Act of 1982, Public Law 97–425, as amended, including
but not limited to, any proceeds from the sale of assets, shall
be available without further appropriation and shall remain avail-
able until expended.
Deadline.
Nevada.
Certification.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00817
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1866
PUBLIC LAW 108–137—DEC. 1, 2003
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as amended,
for necessary expenses for the Federal Co-Chairman and the alter-
nate on the Appalachian Regional Commission, for payment of
the Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $66,000,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy
Act of 1954, as amended by Public Law 100–456, section 1441,
$19,559,000, to remain available until expended.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For necessary expenses of the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, as amended, notwithstanding sections
382C(b)(2), 382F(d), and 382M(b) of said Act, $5,000,000, to remain
available until expended.
DENALI COMMISSION
For expenses of the Denali Commission including the purchase,
construction and acquisition of plant and capital equipment as
necessary and other expenses, $55,000,000, to remain available
until expended: Provided, That $5,500,000 shall not be available
until the Denali Commission submits to the House and Senate
Committees on Appropriations a detailed budget justification for
fiscal year 2005.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974, as amended,
and the Atomic Energy Act of 1954, as amended, including official
representation expenses (not to exceed $15,000), and purchase of
promotional items for use in the recruitment of individuals for
employment, $618,800,000, to remain available until expended: Pro-
vided, 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 estimated at $538,844,000 in fiscal year 2004 shall
be retained and used for necessary salaries and expenses in this
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00818
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1867
PUBLIC LAW 108–137—DEC. 1, 2003
account, notwithstanding 31 U.S.C. 3302, and shall remain avail-
able until expended: Provided further, That the sum herein appro-
priated shall be reduced by the amount of revenues received during
fiscal year 2004 so as to result in a final fiscal year 2004 appropria-
tion 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 provisions of the Inspector General Act of 1978,
as amended, $7,300,000, to remain available until expended: Pro-
vided, That revenues from licensing fees, inspection services, and
other services and collections estimated at $6,716,000 in fiscal
year 2004 shall be retained and be available until expended, for
necessary salaries and expenses in this account notwithstanding
31 U.S.C. 3302: Provided further, That the sum herein appropriated
shall be reduced by the amount of revenues received during fiscal
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 Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,177,000, to be derived from the Nuclear 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 communicate 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 Congress that, to the greatest
extent practicable, all equipment and products purchased with
funds made available in this Act should be American-made.
(b) NOTICE REQUIREMENT.—In providing financial assistance
to, or entering into any contract with, any entity 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 inten-
tionally affixed a label bearing 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 contract or
subcontract made with funds made available in this Act, pursuant
to the debarment, suspension, and ineligibility procedures described
in sections 9.400 through 9.409 of title 48, Code of Federal Regula-
tions.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00819
Fmt 6580
Sfmt 6581
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2
117 STAT. 1868
PUBLIC LAW 108–137—DEC. 1, 2003
LEGISLATIVE HISTORY—H.R. 2754 (S. 1424):
HOUSE REPORTS: Nos. 108–212 (Comm. on Appropriations) and 108–357 (Comm.
of Conference).
SENATE REPORTS: No. 108–105 accompanying S. 1424 (Comm. on Appropria-
tions).
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 18, considered and passed House.
Sept. 11, 15, 16, considered and passed Senate, amended, in lieu of S. 1424.
Sept. 17, further amended in Senate.
Nov. 18, House and Senate agreed to conference report.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Dec. 1, Presidential statement.
SEC. 503. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appro-
priation Act.
SEC. 504. CLARIFICATION
OF INDEMNIFICATION TO PROMOTE
ECONOMIC DEVELOPMENT. (a) Subsection (b)(2) of section 3158 of
the National Defense Authorization Act for Fiscal Year 1998 (42
U.S.C. 7274q(b)(2)) is amended by adding the following after
subparagraph (C):
‘‘(D) Any successor, assignee, transferee, lender, or les-
see of a person or entity described in subparagraphs (A)
through (C).’’.
(b) The amendment made by section 506, as amended by this
section, is effective as of the date of enactment of the National
Defense Authorization Act for Fiscal Year 1998.
This Act may be cited as the ‘‘Energy and Water Development
Appropriations Act, 2004’’.
Approved December 1, 2003.
Effective date.
50 USC 2811
note.
50 USC 2811.
VerDate 11-MAY-2000
10:15 Aug 27, 2004
Jkt 019194
PO 00000
Frm 00820
Fmt 6580
Sfmt 6580
D:\STATUTES\2003\19194PT2.001
APPS10
PsN: 19194PT2