[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