[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2754 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                    September 16, 2003.
    Resolved, That the bill from the House of Representatives (H.R. 
2754) entitled ``An Act making appropriations for energy and water 
development for the fiscal year ending September 30, 2004, and for 
other purposes.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

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 direction 
of the Secretary of the Army and the supervision of the Chief of 
Engineers for authorized civil functions of the Department of the Army 
pertaining to rivers and harbors, flood control, shore protection, 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, and related projects, restudy of authorized projects, 
miscellaneous investigations, and, when authorized by laws, surveys and 
detailed studies and plans and specifications of projects prior to 
construction, $131,700,000, to remain available until expended, of 
which $500,000, along with $500,000 of the unobligated balance of funds 
made available under this heading in the Energy and Water 
Appropriations Act, 2003, may be transferred to the Bureau of 
Reclamation to conduct a feasibility study for the purposes of 
providing water to Park City and the Snyderville Basin, Utah: Provided, 
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 frequency 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, 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 
$250,000 for the continuation and completion of feasibility studies of 
Kihei Beach, Maui, Hawaii. 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, and related projects authorized by laws; and detailed 
studies, and plans and specifications, of projects (including those for 
development with participation or under consideration for participation 
by States, local governments, or private groups) authorized or made 
eligible for selection by law (but such studies shall not constitute a 
commitment of the Government to construction), $1,538,000,000, to 
remain available until expended, of which such sums as are necessary 
for 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 rehabilitation of inland waterways projects, 
including rehabilitation costs for the Lock and Dam 11, Mississippi 
River, Iowa; Lock and Dam 12, Mississippi River, Iowa; Lock and Dam 19, 
Mississippi River, Iowa; Lock and Dam 24, Mississippi River, Illinois 
and Missouri; Lock and Dam 3, Mississippi River, Minnesota; and London 
Locks and Dam, Kanawha River, West Virginia, projects; and of which 
funds are provided for the following projects in the amounts specified: 
Provided, That using $9,280,000 of the funds appropriated herein, the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to continue construction of the Dallas Floodway Extension, 
Texas, project, 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 $1,000,000 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 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 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 $6,400,000 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 Cumberland 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 contained 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 connections to the existing system at Kake, Alaska: 
Provided further, 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 Engineers, is 
directed to proceed with construction of the Breckenridge, Minnesota, 
project in accordance with the Breckenridge, Minnesota Feasibility 
Report and Environmental Impact Statement dated September 2000, 
approved April 8, 2002: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to proceed 
with construction of repairs to the Bois Brule, Missouri, project in 
accordance with the Bois Brule Deficiency Correction Report including 
applicable NEPA compliance submitted to the Mississippi Valley Division 
in June 2003: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue with 
construction of the DeSoto County Regional Wastewater System Project in 
accordance with the DeSoto County, Mississippi Environmental 
Infrastructure-Letter Reports prepared pursuant to guidance for Section 
219 projects: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue with 
construction of the Des Moines Recreational River and Greenbelt, Iowa, 
project in accordance with the Des Moines Recreation River and 
Greenbelt, Iowa, General Design Memorandum with Programmatic 
Environmental Impact Statement dated September 1987, as amended by the 
Annual Program Management Reports which serve as the Master Plan for 
the overall project, and site specific decision documents for the added 
work: Provided further, That the Secretary of the Army, acting through 
the Chief of Engineers is directed to continue with construction of the 
Rio de Flag, Flagstaff, Arizona, project generally in accordance with 
the Chief of Engineers report dated December 29, 2000: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers is directed to continue with construction of the Tucson 
Drainage Area, Arizona, generally in accordance with the Chief of 
Engineers report dated May 20, 1998: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to proceed with the construction of the Zuni and Sun Valley 
Reaches, South Platte River, Denver County, Colorado, project, in 
accordance with the Report of the Chief of Engineers, dated May 16, 
2003, and the economic justification contained therein: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to proceed with construction of the Delaware Bay 
Coastline, Point Mahon, Delaware, project, in accordance with the 
Report of the Chief of Engineers, dated September 28, 1998, and the 
economic justification contained therein: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to proceed with the construction of the Delaware Coast from 
Cape Henlopen to Fenwick Island, Fenwick Island, Delaware, project, in 
accordance with the Report of the Chief of Engineers, dated December 
29, 2000, and the economic justification contained therein: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to continue preparation of the General Re-
evaluation Report (GRR) to determine the feasibility of additional 
deepening and widening of the Federal Project at Gulfport Harbor, 
Mississippi: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue construction 
for the Sand Creek Watershed, Nebraska, project in accordance with the 
Report of the Chief of Engineers, dated December 29, 2000: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is to proceed with the construction of the Brigantine Inlet 
to Great Egg Harbor, Brigantine Island, New Jersey, project, in 
accordance with the Report of the Chief of Engineers, dated December 
1999, and the economic justification contained therein: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to proceed with planning, engineering, and 
design and initiate floodway buy outs for the Passaic River Management, 
New Jersey, project, generally in accordance with the Corps of 
Engineers Passaic River Floodway Buy-out Report, dated October 1995: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, may use $1,000,000 of the funds made available 
under this heading to continue construction of the project for Passaic 
River Streambank Restoration, Minish Park, New Jersey, and $6,500,000 
of the funds made available under this heading to carry out the project 
for the Raritan River Basin, Green Brook Sub-Basin, New Jersey: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to continue engineering and design for 
the Ramapo and Mahwah Rivers, Mahwah, New Jersey and Suffern, New York, 
project: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to continue construction of 
the Dare County Beaches, North Carolina (Bodie Island), project, in 
accordance with the Report of the Chief of Engineers, dated December 
29, 2000, and the economic justification contained therein: Provided 
further, That the Secretary of the Army, acting through the Chief of 
Engineers, is directed to continue construction of the Holes Creek, 
Ohio, project including the additional floodwall and relocations, 
generally in accordance with the Chief of Engineers report dated 
December 23, 1981 and the Supplement to the Reevaluation Report, dated 
2003: Provided further, That the Secretary of the Army, acting through 
the Chief of Engineers, is directed to continue with the design and 
construction of the Canton Lake, Oklahoma (Dam Safety) project, in 
accordance with the Corps of Engineer's Dam Safety Assurance Report, 
dated March 22, 2002: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to continue with 
design and construction of the Lawton, Oklahoma, Waste Water 
Infrastructure Rehabilitation project, in accordance with the 
requirements identified in the City of Lawton's Sewer Rehabilitation 
Program in conjunction with the Oklahoma Department of Environmental 
Quality's consent order: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, is directed to proceed 
with the construction of the Columbia River Channel Improvements, 
Oregon and Washington, project in accordance with the Report of the 
Chief of Engineers, dated December 23, 1999 and the economic 
justification and environmental features stated therein, as amended by 
the Final Supplemental Integrated Feasibility Report and Environmental 
Impact Statement dated January 28, 2003: Provided further, That the 
Secretary of the Army, acting through the Chief of Engineers, is 
directed to proceed with the construction of the Schuylkill River Park, 
Philadelphia, Pennsylvania, project, in accordance with the Letter 
Report, dated February 2003, and the economic justification contained 
therein: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to proceed with the 
preparation of plans and specifications for periodic nourishment of the 
Folly Beach, South Carolina, project, in accordance with the General 
Design Memorandum, dated May 1991 and approved by the Chief of 
Engineers on July 22, 1992, and the economic justification contained 
therein: Provided further, That the Secretary of the Army, acting 
through the Chief of Engineers, is directed to proceed to construction 
of the Missouri River, South Dakota, project, in accordance with the 
provisions contained in Title IX of WRDA 2000: Provided further, That 
the Secretary of the Army, acting through the Chief of Engineers, is 
directed to proceed with the Puget Sound Adjacent Waters Restoration, 
Washington project, as directed by Section 544 of Public Law 106-541: 
Provided further, That the Secretary of the Army, acting through the 
Chief of Engineers, is directed to proceed with the Shoalwater Bay 
Shoreline Erosion, Washington, project as directed by Section 545 of 
Public Law 106-541: Provided further, That the Secretary of the Army, 
acting through the Chief of Engineers, is directed to proceed with the 
construction of the Jackson Hole, Wyoming, project, in accordance with 
Public Law 106-541, and the economic justification contained therein: 
Provided further, That the Secretary of the Army is directed to use 
funds appropriated for the navigation project, Tampa Harbor, Florida to 
carry out, as part of the project, construction 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 
no funds appropriated in this Act for the purpose of construction of 
the projects for the Everglades and South Florida Ecosystem Restoration 
shall be available for expenditure unless the Administrator of the 
Environmental Protection Agency certifies that the projects meet all 
applicable state water quality standards and numeric criteria adopted 
for phosphorus as well as water quality requirements set forth in the 
Consent Decree by September 30, 2003 and every 12 months thereafter 
until September 30, 2006: Provided further, That within funds provided 
herein, $500,000 may be used for completion of design and initiation of 
construction of the McCarran Ranch, NV, environmental restoration 
project: Provided further, That within funds provided herein, $100,000 
may be used for initiation of feasibility studies to address erosion 
along Bayou Teche, LA within the Chitimacha Reservation: Provided 
further, That the Secretary of the Army may use at least $1,000,000 of 
the funds provided under this heading for the Great Lakes fishery and 
ecosystem restoration program: Provided further, That using $200,000 
appropriated 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. 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. In addition, the Secretary shall give 
consideration 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. Notwithstanding the cost sharing provisions of 
section 510(d) of the Water Resources Development Act of 1996 (110 
Stat. 3760), the preparation of the environmental impact statement 
shall be cost shared 50 percent Federal and 50 percent non-Federal, for 
an estimated cost of $2,000,000. The non-Federal sponsors may meet 
their 50 percent matching cost share through in-kind services: 
Provided, 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.

 flood control, mississippi river and tributaries, arkansas, illinois, 
       kentucky, louisiana, mississippi, missouri, and tennessee

    For expenses necessary for prosecuting work of flood control, 
rescue work, repair, restoration, or maintenance of flood control 
projects threatened or destroyed by flood, as authorized by law (33 
U.S.C. 702a and 702g-1), $329,000,000, 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 further, 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 preservation, operation, 
maintenance, and care of existing river and harbor, flood control, and 
related works, including such sums as may be necessary for the 
maintenance of harbor channels provided by a State, municipality or 
other public agency, outside of harbor lines, and serving essential 
needs of general commerce and navigation; surveys and charting of 
northern and northwestern lakes and connecting waters; clearing and 
straightening channels; and removal of obstructions to navigation, 
$2,014,000,000, to remain available until expended, of which such sums 
as become available in the Harbor Maintenance Trust Fund, pursuant to 
Public Law 99-662, may be derived from that Fund, and of which such 
sums as become available from the special account established by the 
Land and Water Conservation Act of 1965, as amended (16 U.S.C. 460l), 
may be derived from that account for construction, operation, and 
maintenance of outdoor recreation facilities; and of which $500,000 may 
be available for dredging and other operation and maintenance of the 
Rogue River, Gold Beach, Oregon; and of which $500,000 may be available 
for dredging and other operation and maintenance of the Umpqua River, 
Oregon: Provided, That of funds appropriated herein, for the 
Intracoastal 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 further, That none of the funds 
appropriated under this heading may be used for the Great Lakes 
Sediment Transport Models: Provided further, That the Secretary of the 
Army, acting through the Chief of Engineers, may use not less than 
$5,461,000 of the funds made available under this heading for the 
Alabama-Coosa River, Alabama (including for routine operations and 
maintenance work at Swift Creek Park), of which not less than 
$2,500,000 may be used for annual maintenance dredging of navigational 
channels of the Alabama-Coosa River: Provided 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 continue maintenance dredging of the 
Federal channel: Provided further, 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 facilities: Provided further, That the Corps of Engineers shall 
not allocate any funds, to deposit dredge material, without the consent 
of the landowners, on private property located along Reach 1, Reach 2, 
Reach 4, Reach 5, and Reach 6 of the Gulf Coast Intracoastal Waterway 
as defined by the Draft Laguna Madre GIWW Dredged Material Management 
Plan prepared by the Corps of Engineers and the Interagency 
Coordination Team dated October 11, 2002: Provided further, That the 
Secretary is directed to use $5,000,000 of the funds appropriated 
herein to undertake the restoration of Tar Creek and Vicinity, Oklahoma 
project: Provided further, That the Secretary of the Army may use 
$3,000,000 of the funds provided under this heading to undertake, in 
connection with the harbor of Morehead City, North Carolina, a project 
to disperse sand along Bogue Banks: Provided further, That $65,000,000 
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.

                 flood control and coastal emergencies

    For expenses necessary for emergency flood control, hurricane 
response, and emergency shore protection and related activities, 
$40,000,000, to remain available until expended.

                           regulatory program

    For expenses necessary for administration of laws pertaining to 
regulation of navigable waters and wetlands, $139,000,000, to remain 
available until expended.

            formerly utilized sites remedial action program

    For expenses necessary to clean up contamination from sites 
throughout 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 
functions in the Office of the Chief of Engineers and offices of the 
Division Engineers, activities of the Humphreys Engineer Center Support 
Activity, the Institute for Water Resources, and headquarters support 
functions at the USACE Finance Center, $160,000,000, to remain 
available until expended: Provided, That no part of any other 
appropriation provided in title I of this Act shall be available to 
fund the activities of the Office of the Chief of Engineers or the 
executive direction and 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 
reception and representation expenses (not to exceed $5,000); and 
during the current fiscal year the Revolving Fund, Corps of Engineers, 
shall be available for purchase (not to exceed 100 for replacement 
only) and hire of 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 Act, or any other 
Act, shall be used to demonstrate or implement any plans divesting or 
transferring of any Civil Works missions, functions, or 
responsibilities for the United States Army Corps of Engineers to other 
government agencies without specific direction in a subsequent Act of 
Congress.
    Sec. 103. 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, notwithstanding Section 202(a) of the Water Resources 
Development Act of 1996.
    Sec. 104. Section 10 of the Rivers and Harbors Act of 1922, 42 
Stat. 1043, 33 U.S.C. 621, is amended by inserting a comma after the 
word ``Congress'' and inserting immediately thereafter ``to include any 
and all pre-authorization planning, engineering, design, construction, 
and operation and maintenance,''.
    Sec. 105. The Secretary  is authorized and may design, remove and 
dispose of oil bollards and associated debris in Burlington Harbor, 
Vermont, at full Federal expense.
    Sec. 106. Kake Dam Replacement, Kake, Alaska Technical Corrections. 
Section 105, Public Law 106-377, is amended by striking ``$7,000,000'' 
and inserting in lieu thereof ``$11,000,000 at full Federal expense''.
     Sec. 107. Deauthorization of Inactive Corps Projects. The 
following projects, with a total estimated authorized cost of 
$404,000,000, are not authorized after the date of enactment of this 
Act, except with respect to any portion of such a project which portion 
has been completed before such date or is under construction on such 
date:
            (1) The project for flood control, Green Bay Levee & 
        Drainage District No. 2, Iowa, authorized by the Water 
        Resources Development Act of 1986, deauthorized in fiscal year 
        1991, and reauthorized by the Water Resources Development Act 
        of 1992;
            (2) The project for navigation, Illinois Waterway Cal-Sag 
        Part III, Illinois, authorized by the River and Harbor Act of 
        1946;
            (3) The project for flood control, Lake George, Hobart, 
        Indiana, authorized by the Water Resources Development Act of 
        1986;
            (4) The project for flood control, Hazard, Kentucky, 
        authorized by the Water Resources Development Act of 1988 
        (Public Law 100-876) and the Water Resources Development Act of 
        1990 (Public Law 101-640);
            (5) The project for recreation, Taylorsville Lake 
        (Uncompleted Recreation), Kentucky, authorized by the Flood 
        Control Act of 1966;
            (6) The project for flood control, Vanceburg, Kentucky, 
        LPP, authorized by the Flood Control Act of 1937;
            (7) The project for flood control, Libby Dam (Units 6-8), 
        Montana, authorized by the Water Resources Development Act of 
        1996;
            (8) The project for flood control, Epping, New Hampshire, 
        authorized by the Water Resources Development Act of 1992;
            (9) The project for flood control, Manchester, New 
        Hampshire, authorized by the Water Resources Development Act of 
        1992;
            (10) The project for flood control, Rochester, New 
        Hampshire, authorized by the Water Resources Development Act of 
        1992;
            (11) The project for multiple purposes, Fort Gibson Lake, 
        Oklahoma (Units 5 and 6), authorized by the Water Resources 
        Development Act of 1986;
            (12) The project for flood control, Parker Lake, Muddy 
        Boggy Creek, Oklahoma, authorized by the Water Resources 
        Development Act of 1986;
            (13) The project for flood control, Tamaqua, Pennsylvania, 
        authorized by the Water Resources Development Act of 1974;
            (14) The project for shoreline protection, Cliff Walk, 
        Newport, Rhode Island, authorized by the River and Harbor Act 
        of 1956 and amended by the Water Resources Development Act of 
        1992;
            (15) The project for navigation, Narragansett Town Beach, 
        Narragansett, Rhode Island, authorized by the Water Resources 
        Development Act of 1992 and amended by the Water Resources 
        Development Act of 1996;
            (16) The project for navigation, Quonset Point-Davisville, 
        Rhode Island (Bulkhead Repairs), authorized by the Water 
        Resources Development Act of 1996;
            (17) The project for flood control, Arroyo Colorado, Texas, 
        authorized by the Water Resources Development Act of 1986;
            (18) The project for flood control, Cypress Creek-
        Structural, Texas, authorized by the Water Resources 
        Development Act of 1988; and
            (19) The project for flood control, Cache County, Utah, 
        authorized by the Water Resources Development Act of 1992 and 
        amended by the Water Resources Development Act of 1999.
    Sec. 108. Deauthorization of Project for Navigation, Pawtuxet Cove, 
Rhode Island. (a) In General.--The portions of the project for 
navigation, Pawtuxet Cove, Rhode Island, authorized 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 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. 109. (a) The Secretary of the Army is authorized to provide 
technical, planning, design and construction assistance to non-Federal 
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 problems 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 alternatives 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. 110. 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 Federal expense, 
to Alaskan communities to address the serious impacts of coastal 
erosion.
    Sec. 111. The project for flood control for the American and 
Sacramento Rivers, California, authorized by Section 101(a)(1) of the 
Water Resources Development Act of 1996 (Public Law 104-303) and 
Section 366 of the Water Resources Development Act of 1999, is modified 
to authorize the Secretary of the Army, acting through the Chief of 
Engineers, to construct the project at a total cost of $205,000,000, 
with an estimated Federal share of $153,840,000 and an estimated non-
Federal share of $51,160,000. For purposes of section 103 of the Water 
Resources Development Act of 1986 (33 U.S.C. 2213), the modifications 
authorized by this section shall be subject to the same cost sharing in 
effect for the project authorized by 101(a)(1) of the Water Resources 
Development Act of 1996.
    Sec. 112. 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 concerning the closure or removal.
    Sec. 113. Section 214(a) of Public Law 106-541 is amended by 
striking ``2003'' and inserting in lieu thereof ``2005''.
    Sec. 114. 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. 115. 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 restoration 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 impediments to emergency vehicle access. 
This work shall be undertaken at full Federal expense.
    Sec. 116. 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 
        following:

``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, 
        Montana, New Mexico, and rural Utah, to remain available until 
        expended.''.
    Sec. 117. Of the amounts provided in section 312, the Secretary of 
Energy shall make the funds available to ``Department of Defense--
Civil, Department of the Army, Corps of Engineers--Civil, Construction, 
General'' account, to remain available until expended, for the 
following: $5,000,000 for the Walter F. George Powerhouse, AL; 
$3,400,000 for the Rio Salado, Phoenix and Tempe Reaches, AZ project; 
$3,000,000 for the Montgomery Point Lock and Dam, AR project; 
$2,250,000 for the Red River Below Denison Dam, AR and LA and TX 
project; $3,750,000 for the Red River Emergency Bank, AR and LA 
project; $5,000,000 for the Napa River, CA project; $5,000,000 for the 
Oakland Harbor, CA project; $5,000,000 for the Port of Los Angeles 
project; $4,300,000 for the Santa Ana River Mainstem, CA project; 
$2,900,000 for the South Sacramento Streams, CA project; $1,286,000 for 
the Delaware Coast from Cape Henlopen to Fenwick Island, DE project; 
$1,000,000 for the Delaware Bay Coastline, Port Mahon, DE project; 
$1,250,000 for the Martin County, FL project; $3,000,000 for the 
Brunswick Harbor, GA project; $5,000,000 for the McCook and Thornton, 
IL project; $15,000,000 for the Olmsted Locks and Dam, Ohio River, IL 
and KY project; $600,000 for the Des Moines Recreational River and 
Greenbelt, IA project; $250,000 for the Lock and Dam 19, IA project; 
$800,000 for the Perry Creek, IA project; $10,134,000 for the Kentucky 
Lock and Dam, KY project; $4,565,000 for the Inner Harbor Navigation 
Canal Lock, LA project; $3,000,000 for the J Bennett Johnston Waterway, 
LA project; $10,000,000 for the Southeast Louisiana project; $262,000 
for the Genessee County, MI project; $287,000 for the Negaunee, MI 
project; $1,000,000 for the Breckenridge, MN project; $1,500,000 for 
the Blue River Basin, Kansas City, MO project; $3,000,000 for the 
Meramec River Basin, Valley Park Levee, MO project; $5,000,000 for the 
Mississippi River Between the Ohio and Missouri Rivers, MO project; 
$2,000,000 for the Fort Peck Fish Hatchery, MT project; $2,000,000 for 
the Rural Montana, MT project; $1,000,000 for the Western Sarpy and 
Clear Creek, NE project; $1,000,000 for the Great Egg Harbor Inlet and 
Peck Beach, NJ project; $1,000,000 for the Hackensack-Meadowlands, 
Environmental Improvement, NJ project; $500,000 for the Passaic River 
Preservation of Natural Storage Areas, NJ project; $1,000,000 for the 
Passaic River Streambank Restoration, (Minish Park), NJ project; 
$500,000 for the Dare County Beaches, Bodie Island, NC project; 
$5,000,000 for the Wilmington Harbor, NC project; $3,000,000 for the 
Grand Forks, ND-East Grand Forks, MN project; $1,600,000 for the 
Tenkiller Ferry Lake, OK (Dam Safety) project; $5,000,000 for the 
Columbia River Channel Improvements, OR project; $5,000,000 for the 
Locks and Dams 2, 3, and 4, PA project; $3,000,000 for the Chief Joseph 
Dam Gas Abatement, WA project; $4,000,000 for the Marmet Lock, Kanawa 
River, WV project; and $2,366,000 for the Jackson Hole, WY project.
    Sec. 118. Section 560(f) of Public Law 106-53 is amended by 
striking ``$5,000,000'' and inserting in lieu thereof ``$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 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 may be authorized 
        for wastewater infrastructure, Coronado, California.''.
    Sec. 120. Great Lakes Remedial Action Plans and Sediment 
Remediation Programs. Of the amounts made available by this title under 
the heading ``GENERAL INVESTIGATIONS'', not less than $1,500,000 may be 
available for Great Lakes remedial action plans and sediment 
remediation programs under section 401 of the Water Resources 
Development Act of 1990 (33 U.S.C. 1268 note; Public Law 101-640).
    Sec. 121. 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. 122. Of the funds made available under Operation and 
Maintenance, General, an additional $500,000 may be made available to 
the Recreation Management Support Program to work with the 
International Mountain Bicycling Association to design, build, and 
maintain trails at Corps of Engineers projects.
    Sec. 123. 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. 124. Schuylkill River Park, Philadelphia, Pennsylvania. The 
Secretary of the Army may 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 May 2000 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. 125. Gwynns Falls Watershed, Baltimore, Maryland. The 
Secretary of the Army may implement the project for ecosystem 
restoration, Gwynns Falls, Maryland, in accordance with the Baltimore 
Metropolitan Water Resources-Gwynns Falls Watershed Feasibility Report 
prepared by the Corps of Engineers and the city of Baltimore, Maryland.
    Sec. 126. 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 may 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
                            (ii) may be provided--
                                    (I) in cash; or
                                    (II) in kind, with credit accorded 
                                to the non-Federal sponsor for 
                                provision of all necessary services, 
                                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-
                Federal sponsor shall fund, operate, and maintain all 
                interpretative exhibits under the project.
    Sec. 127. Flood Damage Reduction, Mill Creek, Cincinnati, Ohio. Not 
later than 1 year after the date of enactment of this Act, the 
Secretary of the Army, acting through the Chief of Engineers, shall 
complete the general reevaluation report for the project for flood 
damage reduction, Mill Creek, Cincinnati, Ohio.
    Sec.  128. Of the funds made available under Construction, General, 
$1,500,000 may be made available for work to be carried out under 
section 560 of the Water Resources Development Act of 1999 (Public Law 
106-53).

                                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, 
$859,517,000, to remain available until expended, of which $56,330,000 
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 $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 Reclamation 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 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'': Provided further, 
That of the funds provided under this heading, an additional $5,000,000 
may be available for the Mni Wiconi project, South Dakota.

               bureau of reclamation loan program account

    For administrative expenses necessary to carry out the program for 
direct loans and/or grants, $200,000, to remain available until 
expended, of which the amount that can be financed by the Reclamation 
Fund shall be derived from that fund.

                central valley project restoration fund

    For carrying out the programs, projects, plans, and habitat 
restoration, improvement, and acquisition 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 Restoration 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.

                       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, $54,425,000, to be derived from the 
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377: 
Provided, That no part of any other appropriation in this Act shall be 
available for activities or functions budgeted as policy and 
administration expenses: Provided further, That of this amount, 
sufficient funds may be available for the Secretary of the Interior, 
not later than 60 days after the last day of the fiscal year, to submit 
to Congress a report on the amount of acquisitions made by the 
Department of the Interior during such fiscal year of articles, 
materials, or supplies that were manufactured outside the United 
States. Such report shall separately indicate the dollar value of any 
articles, materials, or supplies purchased by the Department of the 
Interior that were manufactured outside the United States, an itemized 
list of all waivers under the Buy American Act (41 U.S.C. 10a et seq.) 
that were granted with respect to such articles, materials, or 
supplies, and a summary of total procurement funds spent on goods 
manufactured in the United States versus funds spent on goods 
manufactured outside of the United States. The Secretary of the 
Interior shall make the report publicly available by posting the report 
on an Internet website.

                          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. In order to increase opportunities for Indian tribes to 
develop, manage, and protect their water resources, in fiscal year 2003 
and thereafter, the Secretary of the Interior, acting through the 
Commissioner of the Bureau of Reclamation, is authorized to enter into 
grants and cooperative agreements with any Indian tribe, institution of 
higher education, national Indian organization, or tribal organization 
pursuant to 31 U.S.C. 6301-6308. Nothing in this Act is intended to 
modify or limit the provisions of the Indian Self Determination Act (25 
U.S.C. 45 et seq.).
    Sec. 202. (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 Administrator 
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. 203. 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. 204. Funds under this title for Drought Emergency Assistance 
shall be made available primarily for leasing of water for specified 
drought related purposes from willing lessors, in compliance 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. 205. (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 reduce or reallocate water to be delivered pursuant to San 
Juan-Chama Project contracts, including execution of said contracts 
facilitated by the Middle Rio Grande Project, to meet the requirements 
of the Endangered Species Act, unless such water is acquired or 
otherwise made available from a willing seller or lessor and the use is 
in compliance with the laws of the State of New Mexico, including but 
not limited to, permitting requirements.
    (b) Complying with the reasonable and prudent alternatives and the 
incidental take limits defined in the Biological Opinion 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.
    Sec. 206. 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 Endangered 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 
        six entities (selected at the discretion of the entity in 
        consultation 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; and
                    (E) business and industrial interests.
    (b) Formation of this committee shall occur not later than 45 days 
after enactment of this Act.
    (c) Fiscal year 2004 appropriations shall not be obligated or 
expended prior to approval by the Committee of a detailed spending 
plan.
    Sec. 207. 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.
    Sec. 208. 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. 209. 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 
improvements 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. 210. 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 Secretary'' 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. 211. 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 ten 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 subject to appropriations. After 
ten fiscal years from the date of enactment 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.  212. That of the funds provided, an additional $3,000,000 
shall be available for the Middle Rio Grande, New Mexico project and an 
additional $3,000,000 shall be available for the Lake Tahoe Regional 
Wetlands Development project.
    Sec.  213. 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 may not be expended until further Act of 
Congress.
    Sec.  214. 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--
            (1) to identify ways to meet future water supply needs for 
        agricultural, municipal, and industrial uses;
            (2) to identify water conservation and water storage 
        measures;
            (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) Funding.--
            (1) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this section $2,900,000, to 
        remain available until expended.
    Sec.  215. Facilitation of Indian Water Rights. The Secretary of 
the Interior may 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)) to facilitate Indian water rights settlements in the 
State of Arizona.
    Sec.  216. Restoration of Fish and Wildlife Habitat and Provision 
of Bottled Water for Fallon Schoolchildren. (a) In General.--In 
carrying out section 2507 of Public Law 101-171, the Secretary of the 
Interior, acting through the Commissioner of Reclamation, shall--
            (1) notwithstanding section 2507(b) of Public Law 101-171, 
        provide $2,500,000 to the State of Nevada to purchase water 
        rights from willing sellers and make necessary improvements for 
        Carson Lake and Pasture;
            (2) provide $100,000 to Families in Search of Truth, 
        Fallon, Nevada, for the purchase of bottled water for 
        schoolchildren in Fallon-area schools.
    (b) Limitation.--The funds specified to be provided in subsection 
(a)(1) shall only be provided by the Bureau of Reclamation when the 
title to Carson Lake and Pasture is conveyed to the State of Nevada; 
the waiver of section 2507(b) of Public Law 101-171 shall only apply to 
water purchases for Carson Lake and Pasture.
    (c) 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 101-171.

                               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; 
$920,357,000, to remain available until expended, of which $400,000 may 
be made available to the Office of International Market Development to 
carry out a program to implement, and serve as an administrative center 
in support of, the multi-agency Clean Energy Technology Exports 
Initiative, of which $3,000,000 may be available for the Navajo 
electrification demonstration program under section 602 of Public Law 
106-511 (114 Stat. 2376): Provided, That of the funds made available 
for the Office of Electricity and Energy Assurance, the Office may 
provide grants to States and regional organizations to work with system 
operators, including regional transmission organizations and 
independent system operators, on transmission system planning. The 
Office may require that grantees consider a full range of technology 
and policy options for transmission system planning, including energy 
efficiency at customer facilities and in transmission equipment, 
customer demand response, distributed generation and advanced 
communications and controls: Provided further, That of the funds made 
available for the Office of Electricity and Energy Assurance, the 
Office may develop regional training and technical assistance programs 
for State regulators and system operators to improve operation of the 
electricity grid.

                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 management 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, 
$171,875,000, 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, $396,124,000, to be 
derived from the Fund, to remain available until expended, of which 
$26,000,000 shall be available in accordance with title X, subtitle A, 
of the Energy Policy Act of 1992.

                   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, $302,121,000, to remain available until expended.

                                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, construction, or 
expansion, and purchase of not to exceed 15 passenger motor vehicles 
for replacement only, including not to exceed one ambulance, 
$3,360,435,000, to remain available until expended, of which $3,000,000 
may be available for a defense and security research center.

                         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, $140,000,000, to remain 
available until expended and to be derived from the Nuclear Waste Fund: 
Provided, That not to exceed $2,500,000 shall be provided to the State 
of Nevada solely for expenditures, other than salaries and expenses of 
State employees, to conduct scientific oversight responsibilities and 
participate in licensing activities pursuant to the Nuclear Waste 
Policy Act of 1982, Public Law 97-425, as amended: Provided further, 
That $7,000,000 shall be provided to affected units of local 
governments, as defined in Public Law 97-425, to conduct appropriate 
activities pursuant to the Act: Provided further, That the distribution 
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 available until 
expended.

                      DEPARTMENTAL ADMINISTRATION

                      Departmental Administration

                     (including transfer of funds)

    For salaries and expenses of the Department of Energy necessary 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), $309,564,000, to 
remain available until expended, plus such additional 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 
$146,668,000 in fiscal year 2004 may be retained and used for operating 
expenses within this account, and may remain available until expended, 
as authorized by section 201 of Public Law 95-238, notwithstanding the 
provisions of 31 U.S.C. 3302: Provided further, That the sum herein 
appropriated shall be reduced by the amount of miscellaneous revenues 
received during fiscal year 2004, and any related unappropriated 
receipt account balances remaining from prior years' miscellaneous 
revenues, so as to result in a final fiscal year 2004 appropriation 
from the General Fund estimated at not more than $162,896,000: Provided 
further, That of this amount, sufficient funds shall be available for 
the Secretary of Energy, not later than 60 days after the last day of 
the fiscal year, to submit to Congress a report on the amount of 
acquisitions made by the Department of Energy during such fiscal year 
of articles, materials, or supplies that were manufactured outside the 
United States. Such report shall separately indicate the dollar value 
of any articles, materials, or supplies purchased by the Department of 
Energy that were manufactured outside the United States, an itemized 
list of all waivers under the Buy American Act (41 U.S.C. 10a et seq.) 
that were granted with respect to such articles, materials, or 
supplies, and a summary of total procurement funds spent on goods 
manufactured in the United States versus funds spent on goods 
manufactured outside of the United States. The Secretary of Energy 
shall make the report publicly available by posting the report on an 
Internet website.

                    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.

                    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; $6,473,814,000, to remain available 
until expended: Provided, That the Secretary of Energy may use 
$1,000,000 of available funds to preserve historical sites associated 
with, and other aspects of the history of, the Manhattan Project: 
Provided further, That $105,000,000 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 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, $1,340,195,000, to remain available until expended.

                             Naval Reactors

    For Department of Energy expenses necessary for naval reactors 
activities to carry out the Department of Energy Organization Act (42 
U.S.C. 7101 et seq.), 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; $768,400,000, 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 reception 
and representation expenses (not to exceed $12,000), $337,980,000, 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; 
$5,770,695,000, 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, $987,679,000, 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, $492,209,000, to remain 
available until expended: Provided, That from the funds made available 
under this heading for transfer to the National Institute for 
Occupational Safety and Health for epidemiological research, $7,500,000 
shall be transferred to include projects to conduct epidemiological 
research and carry out other activities to establish the scientific 
link between radiation exposure and the occurrence of chronic 
lymphocytic leukemia.

                     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, $285,000,000, 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.

      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, notwithstanding the provision of 
31 U.S.C. 3302, up to $34,400,000 collected 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; 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: Provided, 
That notwithstanding the provision of 31 U.S.C. 3302, up to $2,800,000 
collected by the Southwestern 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.

 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 appropriated, $6,200,000 is for deposit into the Utah 
Reclamation Mitigation and Conservation Account pursuant to title IV of 
the Reclamation Projects Authorization and Adjustment Act of 1992: 
Provided further, That notwithstanding the provision of 31 U.S.C. 3302, 
up to $186,100,000 collected by the Western Area Power Administration 
pursuant to the Flood Control Act of 1944 and the Reclamation 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 transmission study on the placement 
of 500 megawatt wind energy in North Dakota and South Dakota may be 
nonreimbursable: Provided 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 distribution 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 
hydroelectric facilities at the Falcon and Amistad Dams, $2,640,000, to 
remain available until expended, and to be derived from the Falcon and 
Amistad Operating and Maintenance Fund of the Western Area Power 
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), 
$199,400,000, to remain available until expended: Provided, That 
notwithstanding any other provision of law, not to exceed $199,400,000 
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 Development 
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).

                           GENERAL PROVISIONS

    Sec. 301. (a) None of the funds appropriated by this Act may be 
used to award a management and operating contract, or a contract for 
environmental remediation or waste management in excess of $100,000,000 
in annual funding at a current or former management and operating 
contract site or facility, or award a significant extension or 
expansion to an existing management and operating contract, or other 
contract covered by this section, unless such contract is awarded using 
competitive procedures or the Secretary of Energy grants, on a case-by-
case basis, a waiver to allow for such a deviation. The Secretary may 
not delegate the authority to grant such a waiver.
    (b) Within 30 days of formally notifying an incumbent contractor 
that the Secretary intends to grant such a waiver, the Secretary shall 
submit to the Subcommittees on Energy and Water Development of the 
Committees on Appropriations of the House of Representatives and the 
Senate a report notifying the Subcommittees of the waiver and setting 
forth, in specificity, the substantive reasons why the Secretary 
believes the requirement for competition should be waived for this 
particular award.
    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 $12,321,000 made available for obligation by this Act for 
severance payments and other benefits and community 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 reprogramming 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.

                   (transfers of unexpended balances)

    Sec. 305. The unexpended balances of prior appropriations provided 
for activities in this Act may be transferred to appropriation 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. The Administrator of the National Nuclear Security 
Administration may authorize the plant manager of a covered nuclear 
weapons production plant to engage in research, development, and 
demonstration activities with respect to the engineering and 
manufacturing capabilities at such plant in order to maintain and 
enhance such capabilities at such plant: Provided, That of the amount 
allocated to a covered nuclear weapons production plant 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 production plant'' 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. 308. 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.
    Sec. 309. None of the funds in this Act may be used to dispose of 
transuranic waste in the Waste Isolation Pilot Plant which contains 
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 Environmental Impact Statement 
on Management of Certain Plutonium Residues and Scrub Alloy Stored at 
the Rocky Flats Environmental Technology Site''.
    Sec. 310. (a) The Secretary of Energy is directed to file a permit 
modification to the Waste Analysis Plan (WAP) and associated provisions 
contained in the Hazardous Waste Facility Permit for the Waste 
Isolation Pilot Plant (WIPP). For purposes of determining compliance of 
the modifications to the WAP with the hazardous waste analysis 
requirements of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
or other applicable laws waste confirmation 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 hazardous 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 airborne volatile 
organic compounds in underground disposal rooms in which waste has been 
emplaced until panel closure.
    Sec. 311. 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 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'' in the event 
that the Department of Energy proposes to dispose of the material in an 
NRC-regulated or Agreement State-regulated facility.
    Sec. 312. Corps of Engineers Hydropower Operation and Maintenance 
Funding. (a) Notwithstanding 31 U.S.C. 3302 and the last sentence of 
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s) and subject 
to (d), the Secretary of Energy shall collect fees, as offsetting 
collections, in the amount of $145,000,000, pursuant to those acts 
which authorize Southeastern Power Administration, Southwestern Power 
Administration, and Western Power Administration to collect revenues 
for power provided. The Secretary of Energy shall make the collection 
available to the Secretary of the Army hereafter referred to as ``the 
Secretary''.
    (b) The Secretary shall accept funds made available pursuant to 
subsection (a) and shall use such funds for Construction, General. The 
funds provided under this section shall remain available until 
expended.
    (c) Subsection (b) of this section shall be carried out in 
consultation with preference customers under Federal law to the 
marketing of power.
    (d) This section shall become effective only upon the enactment of 
authorizing legislation changing the nature of receipts collected by 
Southeastern Power Administration, Southwestern Power Administration, 
and the Western Area Power Administration by making the collection of 
not less than $145,000,000 of such receipts in fiscal year 2004 subject 
to approval in an annual appropriations Act.
    Sec. 313. No funds appropriated or otherwise made available to the 
Department of Energy by this Act may be available for activities at the 
engineering development phases, phase 3 or 6.3, or beyond, in support 
of advanced nuclear weapons concepts, including the robust nuclear 
earth penetrator.
    Sec. 314. 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. 315. Martin's Cove Lease. (a) Definitions.--In this section:
            (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 
        Corporation 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 may 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 
                        Corporation 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 
                        Corporation to Martin's Cove and Devil's Gate. 
                        Access shall--
                                    (I) ensure public visitation for 
                                historic, educational 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, matters 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 visitors 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.
                    (E) Visitation guidelines.--The Corporation may 
                establish, in consultation with the BLM, visitation 
                guidelines with respect to such issues as firearms, 
                alcoholic beverages, and controlled substances and 
                conduct consistent 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 designated as a wilderness or other 
                protected areas. The lease shall contain a provision 
                limiting the ability of the Secretary 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 
                Corporation shall make lease payments which reflect the 
                fair market rental value of the public lands to be 
                leased, provided 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 Corporation 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 
                parties.
    (c) Mineral Withdrawal.--The Secretary shall retain the subsurface 
mineral estate under the leasehold, provided that the leased lands 
shall be withdrawn from all forms of entry, appropriations, or disposal 
under the public land laws and disposition under all laws relating to 
oil and gas leasing.
    (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. 316. (a) Memorandum of Agreement.--Not later than 45 days 
after the date of enactment of this Act, the Secretary of Energy and 
the Secretary of Labor shall enter into a Memorandum of Agreement 
(referred to in this section as the ``MOA'') under which the Secretary 
of Labor shall agree to provide technical and managerial assistance 
pursuant to subtitle D of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7385o et seq.).
    (b) Requirement.--Under the MOA entered into under subsection (a), 
the Secretary of Labor shall, not later than 90 days after the date of 
enactment of this Act, assume management and operational responsibility 
for the development and preparation of claims filed with the Department 
of Energy under subtitle D of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7385o et seq.), consistent 
with the regulations under part 852 of title 10, Code of Federal 
Regulations, including the development of information necessary for the 
informed consideration of such claims by a physicians panel (which 
shall include work histories, medical records, and exposure assessments 
with respect to toxic substances).
    (c) Procurement of Services.--The Secretary of Labor may procure 
temporary services in carrying out the duties of the Secretary under 
the MOA.
    (d) Duties of Secretary of Energy.--Under the MOA entered into 
under subsection (a), the Secretary of Energy shall--
            (1) consistent with subtitle D of the Energy Employees 
        Occupational Illness Compensation Program Act of 2000 (42 
        U.S.C. 7385o et seq.), manage physician panels and secure 
        necessary records in response to requests from the Secretary of 
        Labor; and
            (2) subject to the availability of appropriations, transfer 
        funds pursuant to requests by the Secretary of Labor.
    (e) Submission to Congress.--The MOA entered into under subsection 
(a) shall be submitted to the appropriate committees of Congress and 
made available to the general public in both printed and electronic 
forms.
    Sec. 317. Reinstatement and Transfer of the Federal License for 
Project No. 2696. (a) Definitions.--
            (1) Commission.--The term ``Commission'' means the Federal 
        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 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 entitled 
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 preliminary 
permit to the town and any consideration of municipal preference, 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. 318. Report on Expenditures for the Energy Employees 
Occupational Illness Compensation Act. Not later than 180 days after 
the date of enactment of this Act, the Secretary of Energy shall submit 
to the Committee on Energy and Natural Resources of the Senate and the 
Committee on Energy and Commerce of the House of Representatives a 
report on administrative expenditures of the Secretary for the Energy 
Employees Occupational Illness Compensation Program Act of 2000 (42 
U.S.C. 7384 et seq.).

                                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 alternate 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, 
$71,145,000, 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, $7,000,000, 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, $48,500,000, to remain available until 
expended.

                     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: Provided, 
That of the amount appropriated herein, $33,100,000 shall be derived 
from the Nuclear Waste Fund: Provided further, That revenues from 
licensing fees, inspection services, and other services and collections 
estimated at $538,844,000 in fiscal year 2004 shall be retained and 
used for necessary salaries and expenses in this account, 
notwithstanding 31 U.S.C. 3302, and shall remain available until 
expended: Provided further, That the sum herein appropriated shall be 
reduced by the amount of revenues received during fiscal year 2004 so 
as to result in a final fiscal year 2004 appropriation estimated at not 
more than $79,956,000.

                      Office of Inspector General

    For necessary expenses of the Office of Inspector General in 
carrying out the provisions of the Inspector General Act of 1978, as 
amended, $7,300,000, to remain available until expended: Provided, 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 intentionally 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 Regulations.
    Sec. 503. 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 lessee 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''.

            Attest:

                                                             Secretary.
108th CONGRESS

  1st Session

                               H. R. 2754

_______________________________________________________________________

                               AMENDMENT