[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4614 Reported in House (RH)]
Union Calendar No. 322
108th CONGRESS
2d Session
H. R. 4614
[Report No. 108-554]
Making appropriations for energy and water development for the fiscal
year ending September 30, 2005, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 18, 2004
Mr. Hobson, from the Committee on Appropriations, reported the
following bill; which was committed to the Committee of the Whole House
on the State of the Union and ordered to be printed
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2005, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, That the following sums
are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2005, for energy
and water development, and for other purposes, namely:
TITLE I
DEPARTMENT OF DEFENSE--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the
direction of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of the
Army pertaining to rivers and harbors, flood control, shore protection,
aquatic ecosystem restoration, and related purposes.
General Investigations
For expenses necessary for the collection and study of basic
information pertaining to rivers and harbors, flood control, shore
protection, storm damage reduction, and related projects, restudy of
authorized projects, miscellaneous investigations, and, when authorized
by law, surveys and detailed studies and plans and specifications of
projects prior to construction, $149,000,000, to remain available until
expended: Provided, That for the Ohio Riverfront, Cincinnati, Ohio,
project, the cost of planning and design undertaken by non-Federal
interests shall be credited toward the non-Federal share of project
design costs: Provided further, That in conducting the Southwest Valley
Flood Damage Reduction Study, Albuquerque, New Mexico, the Secretary of
the Army, acting through the Chief of Engineers, shall include an
evaluation of flood damage reduction measures that would otherwise be
excluded from the feasibility analysis based on policies regarding the
frequency of flooding, the drainage areas, and the amount of runoff.
Construction, General
For expenses necessary for the prosecution of river and harbor,
flood control, shore protection, storm damage reduction, and related
projects authorized by law; and for conducting detailed studies, and
plans and specifications, of such projects (including those for
development with participation or under consideration for participation
by States, local governments, or private groups) authorized or made
eligible for selection by law (but such detailed studies, and plans and
specifications, shall not constitute a commitment of the Government to
construction); $1,876,680,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of
construction costs for facilities under the Dredged Material Disposal
Facilities program shall be derived from the Harbor Maintenance Trust
Fund as 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 the
rehabilitation costs for Lock and Dam 11, Mississippi River, Iowa; Lock
and Dam 19, Mississippi River, Iowa; Lock and Dam 24, Mississippi
River, Illinois and Missouri; and Lock and Dam 3, Mississippi River,
Minnesota): Provided, That using $10,000,000 of the funds appropriated
herein, the Secretary of the Army, acting through the Chief of
Engineers, is directed to continue construction of the Dallas Floodway
Extension, Texas, project, 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 proceed with the
construction of the New York and New Jersey Harbor project, 50-foot
deepening element, upon execution of the Project Cooperation Agreement:
Provided further, That no funds made available under this Act or any
other Act for any fiscal year may be used by the Secretary of the Army
to carry out the construction of the Port Jersey element of the New
York and New Jersey Harbor or reimbursement to the Local Sponsor for
the construction of the Port Jersey element until commitments for
construction of container handling facilities are obtained from the
non-Federal sponsor for a second user along the Port Jersey element:
Provided further, That the Secretary of the Army, acting through the
Chief of Engineers, is directed to use $6,000,000 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 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 using $500,000 of the funds appropriated herein,
the Secretary of the Army, acting through the Chief of Engineers, is
authorized and directed to plan, design, and initiate reconstruction of
the Cape Girardeau, Missouri, project, originally authorized by the
Flood Control Act of 1950, at an estimated total cost of $9,000,000,
with cost sharing on the same basis as cost sharing for the project as
originally authorized, if the Secretary determines that the
reconstruction is technically sound and environmentally acceptable:
Provided further, That the planned reconstruction shall be based on the
most cost-effective engineering solution and shall require no further
economic justification: Provided further, That the Secretary of the
Army, acting through the Chief of Engineers, is directed to proceed
without further delay with work on the permanent bridge to replace
Folsom Bridge Dam Road, Folsom, California, as authorized by the Energy
and Water Development Appropriations Act, 2004 (Public Law 108-137),
and, of the $8,000,000 available for the American River Watershed
(Folsom Dam Mini-Raise), California, project, up to $5,000,000 of those
funds be directed for the permanent bridge, with all remaining devoted
to the Mini-Raise.
Flood Control, Mississippi River and Tributaries, Arkansas, Illinois,
Kentucky, Louisiana, Mississippi, Missouri, and Tennessee
For expenses necessary for the flood damage reduction program
for the Mississippi River alluvial valley below Cape Girardeau,
Missouri, as authorized by law, $325,000,000, to remain available until
expended.
Operation and Maintenance, General
For expenses necessary for the operation, maintenance, and care
of existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects; for providing security for
infrastructure owned and operated by, or on behalf of, the United
States Army Corps of Engineers, including administrative buildings and
facilities, laboratories, and the Washington Aqueduct; for the
maintenance of harbor channels provided by a State, municipality, or
other public agency that serve essential navigation needs of general
commerce, where authorized by law; and for surveys and charting of
northern and northwestern lakes and connecting waters, clearing and
straightening channels, and removal of obstructions to navigation;
$1,982,000,000, to remain available until expended, of which such sums
as become available in the Harbor Maintenance Trust Fund, pursuant to
Public Law 99-662, may be derived from that fund; of which such sums as
become available from the special account for the United States Army
Corps of Engineers established by the Land and Water Conservation Act
of 1965, as amended (16 U.S.C. 460l-6a(i)), may be derived from that
account for resource protection, research, interpretation, and
maintenance activities related to resource protection in the areas at
which outdoor recreation is available; and of which such sums as become
available under section 217 of the Water Resources Development Act of
1996, Public Law 104-303, shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for which
fees have been collected: Provided, That 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.
Regulatory Program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $140,000,000, to remain
available until expended.
Formerly Utilized Sites Remedial Action Program
For expenses necessary to clean up contamination at sites in
the United States resulting from work performed as part of the Nation's
early atomic energy program, $190,000,000, to remain available until
expended.
General Expenses
For expenses necessary for general administration and related
civil works functions in the headquarters of the United States Army
Corps of Engineers, the offices of the Division Engineers, the
Humphreys Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Development
Center, and the United States Army Corps of Engineers Finance Center,
$167,000,000, 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.
Office of Assistant Secretary of the Army (Civil Works)
For expenses necessary for the Office of Assistant Secretary of the
Army (Civil Works), as authorized by 10 U.S.C. 3016(b)(3), $2,600,000.
Administrative Provisions
Appropriations in this title shall be available for 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 (P.L. 64-291); section
11 of the River and Harbor Act of 1925 (P.L. 68-585); the Civil
Functions Appropriations Act, 1936 (P.L. 75-208); section 215 of the
Flood Control, Act of 1968, as amended (P.L. 90-483); sections 104,
203, and 204 of the Water Resources Development Act of 1986, as amended
(P.L. 99-662); section 206 of the Water Resources Development Act of
1992, as amended (P.L. 102-580); section 211 of the Water Resources
Development Act of 1996 (P.L. 104-303); and any other specific project
authority, shall be limited to credits and reimbursements per project
not to exceed $10,000,000 in each fiscal year, and total credits and
reimbursements for all applicable projects not to exceed $50,000,000 in
each fiscal year.
Sec. 102. None of the funds appropriated in this or any other
Act may be used by the United States Army Corps of Engineers to support
activities related to the proposed Ridge Landfill in Tuscarawas County,
Ohio.
Sec. 103. None of the funds appropriated in this or any other
Act shall be used to demonstrate or implement any plans divesting or
transferring any Civil Works missions, functions, or responsibilities
of the United States Army Corps of Engineers to other government
agencies without specific direction in a subsequent Act of Congress.
Sec. 104. None of the funds appropriated in this or any other
Act may be used by the United States Army Corps of Engineers to support
activities related to the proposed Indian Run Sanitary Landfill in
Sandy Township, Stark County, Ohio.
Sec. 105. Alamogordo, New Mexico. The project for flood
protection at Alamogordo, New Mexico, authorized by the Flood Control
Act of 1962 (P.L. 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. 106. Section 214(a) of Public Law 106-541 is amended by
striking ``2003'' and inserting ``2007''.
Sec. 107. Flood Damage Reduction, Mill Creek, Cincinnati, Ohio.
The Secretary of the Army is directed to complete the General
Reevaluation Report on the Mill Creek, Ohio, project not later than
March 1, 2005, at 100 percent Federal cost. The report shall provide
plans for flood damage reduction throughout the basin equivalent to and
commensurate with that afforded by the authorized, partially
implemented, Mill Creek, Ohio, Flood Damage Reduction Project, as
authorized in section 201 of the Flood Control Act of 1970 (P.L. 91-
611).
Sec. 108. The Secretary shall provide credit to the non-Federal
sponsor for preconstruction engineering and design work performed by
the non-Federal sponsor for the environmental dredging project at
Ashtabula River, Ohio, prior to execution of a Project Cooperation
Agreement.
Sec. 109. The Secretary of the Army, acting through the Chief
of Engineers, is directed to design the Central Riverfront Park project
on the Ohio Riverfront in Cincinnati, Ohio, as described in the Central
Riverfront Park Master Plan performed by the City of Cincinnati, dated
December 1999, and the Section 905(b) analysis, performed by the
Louisville District of the Corps of Engineers, dated August 2002. The
cost of project work undertaken by the non-Federal interests, including
but not limited to prior and current planning and design, shall be
credited toward the non-Federal share of design costs.
Sec. 110. Amounts in the revolving fund may not be used for the
Dredge MCFARLAND overhaul, the replacement of the side-casting
propulsion system of the Dredge MERRITT, the pontoon pipeline
replacement of the Dredge JADWIN, the bow discharge replacement and
repowering for the Dredge ESSAYONS, the repowering of the Dredge
YAQUINA, or the floating pipeline replacement for the Dredge POTTER.
TITLE II
DEPARTMENT OF THE INTERIOR
central utah project
Central Utah Project Completion Account
For carrying out activities authorized by the Central Utah Project
Completion Act, $48,009,000 to remain available until expended, of
which $15,469,000 shall be deposited into the Utah Reclamation
Mitigation and 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, $1,734,000,
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, $860,000,000, to remain available until
expended, of which $53,299,000 shall be available for transfer to the
Upper Colorado River Basin Fund and $33,794,000 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 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, the Reclamation States Emergency Drought Relief Act of 1991,
as amended, is amended further by inserting ``2004, and 2005'' in lieu
of ``and 2004''.
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, $54,695,000, 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: Provided further, That none
of the funds made available under this heading may be used for the
acquisition or leasing of water for in-stream purposes if the water is
already committed to in-stream purposes by a court-adopted decree or
order.
Policy and Administration
For necessary expenses of policy, administration, and related
functions in the office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until expended, $58,153,000, 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.
Administrative Provision
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed 14 passenger motor vehicles, of which 11
are for replacement only.
GENERAL PROVISIONS
Department of the Interior
Sec. 201. (a) None of the funds appropriated or otherwise made
available by this Act may be used to determine the final point of
discharge for the interceptor drain for the San Luis Unit until
development by the Secretary of the Interior and the State of
California of a plan, which shall conform to the water quality
standards of the State of California as approved by the 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. 202. None of the funds appropriated or otherwise made
available by this or any other Act may be used to pay the salaries and
expenses of personnel to purchase or lease water in the Middle Rio
Grande or the Carlsbad Projects in New Mexico unless said purchase or
lease is in compliance with the purchase requirements of section 202 of
Public Law 106-60.
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 9
passenger motor vehicles for replacement only, and one ambulance,
$817,126,000, to remain available until expended.
Non-Defense Site Acceleration Completion
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental management 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, $151,850,000, 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, as
amended, and title X, subtitle A, of the Energy Policy Act of 1992,
$500,200,000, to be derived from the Fund, to remain available until
expended, of which $100,614,000 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 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, $291,296,000, 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 four passenger motor vehicles
for replacement only, including one ambulance, $3,599,964,000, to
remain available until expended.
Departmental Administration
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), $243,876,000, 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
$122,000,000 in fiscal year 2005 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 2005, and any related unappropriated
receipt account balances remaining from prior years' miscellaneous
revenues, so as to result in a final fiscal year 2005 appropriation
from the general fund estimated at not more than $121,876,000.
Office of the Inspector General
For necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of 1978, as
amended, $41,508,000, 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; and the purchase of
not to exceed 19 passenger motor vehicles, for replacement only,
including not to exceed two buses; $6,514,424,000 to remain available
until expended.
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, $1,348,647,000, 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, $807,900,000, 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),
$356,200,000, 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,
$5,930,837,000, to remain available until expended.
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 three ambulances for replacement only, $957,976,000, 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, and classified 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, $697,059,000, to remain available until expended.
Defense Nuclear Waste Disposal
For nuclear waste disposal activities to carry out the purposes
of Public Law 97-425, as amended, including the acquisition of real
property or facility construction or expansion, $131,000,000, 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 2005, 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, $5,200,000, to remain
available until expended: Provided, That, notwithstanding the
provisions of 31 U.S.C. 3302, up to $34,000,000 collected by the
Southeastern Power Administration pursuant to the Flood Control Act of
1944 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, $29,352,000, to remain available until expended: Provided,
That, notwithstanding the provisions of 31 U.S.C. 3302, up to
$1,800,000 collected by the Southwestern Power Administration pursuant
to the Flood Control Act of 1944 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, $173,100,000, to remain
available until expended, of which $170,756,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That,
notwithstanding the provisions of 31 U.S.C. 3302, up to $186,000,000
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.
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $2,827,000, 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),
$210,000,000, to remain available until expended: Provided, That,
notwithstanding any other provision of law, not to exceed $210,000,000
of revenues from fees and annual charges, and other services and
collections in fiscal year 2005 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 2005 so as to result in a final fiscal year 2005 appropriation
from the general fund estimated at not more than $0.
GENERAL PROVISIONS
DEPARTMENT OF ENERGY
Sec. 301. (a)(1) None of the funds in this or any other
appropriations Act for fiscal year 2005 or any previous fiscal year may
be used to make payments for a noncompetitive management and operating
contract unless the Secretary of Energy has published in the Federal
Register and submitted to the Committees on Appropriations of the House
of Representatives and the Senate a written notification, with respect
to each such contract, of the Secretary's decision to use competitive
procedures for the award of the contract, or to not renew the contract,
when the term of the contract expires.
(2) Paragraph (1) does not apply to an extension for up to two
years of a noncompetitive management and operating contract, if the
extension is for purposes of allowing time to award competitively a new
contract, to provide continuity of service between contracts, or to
complete a contract that will not be renewed.
(b) In this section:
(1) The term ``noncompetitive management and operating
contract'' means a contract that was awarded more than 50 years
ago without competition for the management and operation of
Ames Laboratory, Argonne National Laboratory, Lawrence Berkeley
National Laboratory, Lawrence Livermore National Laboratory,
and Los Alamos National Laboratory.
(2) The term ``competitive procedures'' has the meaning
provided in section 4 of the Office of Federal Procurement
Policy Act (41 U.S.C. 403) and includes procedures described in
section 303 of the Federal Property and Administrative Services
Act of 1949 (41 U.S.C. 253) other than a procedure that
solicits a proposal from only one source.
(c) For all management and operating contracts other than those
listed in subsection (b)(1), none of the funds appropriated by this Act
may be used to award a management and operating contract, or award a
significant extension or expansion to an existing management and
operating contract, 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. At least 60 days before a
contract award for which the Secretary intends to grant such a waiver,
the Secretary shall submit to the Committees on Appropriations of the
House of Representatives and the Senate a report notifying the
Committees 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
(P.L. 102-484; 42 U.S.C. 7274h).
Sec. 303. None of the funds appropriated by this Act may be
used to augment the funds made available for obligation by this Act or
any other appropriations Act for fiscal year 2005 or any previous
fiscal year for severance payments and other benefits and community
assistance grants under section 3161 of the National Defense
Authorization Act for Fiscal Year 1993 (P.L. 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. When the Department of Energy makes a user facility
available to universities or other potential users, or seeks input from
universities or other potential users regarding significant
characteristics or equipment in a user facility or a proposed user
facility, the Department shall ensure broad public notice of such
availability or such need for input to universities and other potential
users. When the Department of Energy considers the participation of a
university or other potential user as a formal partner in the
establishment or operation of a user facility, the Department shall
employ full and open competition in selecting such a partner. For
purposes of this section, the term ``user facility'' includes, but is
not limited to: (1) a user facility as described in section 2203(a)(2)
of the Energy Policy Act of 1992 (42 U.S.C. 13503(a)(2)); (2) a
National Nuclear Security Administration Defense Programs Technology
Deployment Center/User Facility; and (3) any other Departmental
facility designated by the Department as a user facility.
Sec. 308. The Administrator of the National Nuclear Security
Administration may authorize the manager of a covered nuclear weapons
research, development, testing or production facility to engage in
research, development, and demonstration activities with respect to the
engineering and manufacturing capabilities at such facility in order to
maintain and enhance such capabilities at such facility: Provided, That
of the amount allocated to a covered nuclear weapons facility each
fiscal year from amounts available to the Department of Energy for such
fiscal year for national security programs, not more than an amount
equal to 2 percent of such amount may be used for these activities:
Provided further, That for purposes of this section, the term ``covered
nuclear weapons facility'' means the following:
(1) the Kansas City Plant, Kansas City, Missouri;
(2) the Y-12 Plant, Oak Ridge, Tennessee;
(3) the Pantex Plant, Amarillo, Texas;
(4) the Savannah River Plant, South Carolina; and
(5) the Nevada Test Site.
Sec. 309. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2005 until the enactment of the Intelligence
Authorization Act for fiscal year 2005.
Sec. 310. None of the funds made available in this or any other
appropriations Act for fiscal year 2005 or any previous fiscal year may
be used to select a site for a Modern Pit Facility during fiscal year
2005.
Sec. 311. None of the funds made available in this Act for fiscal
year 2005 or any previous fiscal year may be used to finance laboratory
directed research and development activities at Department of Energy
laboratories on behalf of other Federal agencies.
Sec. 312. (a) None of the funds made available by this Act may be
used to issue any license, approval, or authorization for the export or
reexport, or transfer, or retransfer, whether directly or indirectly,
of nuclear materials and equipment or sensitive nuclear technology,
including items and assistance authorized by section 57 b. of the
Atomic Energy Act of 1954 and regulated under part 810 of title 10,
Code of Federal Regulations, and nuclear-related items on the Commerce
Control List maintained under part 774 of title 15 of the Code of
Federal Regulations, to any country whose government has been
identified by the Secretary of State as engaged in state sponsorship of
terrorist activities (specifically including any country the government
of which has been determined by the Secretary of State under section
620A(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2371(a)),
section 6(j)(1) of the Export Administration Act of 1979 (50 U.S.C.
App. 2405(j)(1)), or section 40(d) of the Arms Export Control Act (22
U.S.C. 2780(d)) to have repeatedly provided support for acts of
international terrorism).
(b) This section shall not apply to exports, reexports, transfers,
or retransfers of radiation monitoring technologies, surveillance
equipment, seals, cameras, tamper-indication devices, nuclear
detectors, monitoring systems, or equipment necessary to safely store,
transport, or remove hazardous materials, whether such items, services,
or information are regulated by the Department of Energy, the
Department of Commerce, or the Nuclear Regulatory Commission, except to
the extent that such technologies, equipment, seals, cameras, devices,
detectors, or systems are available for use in the design or
construction of nuclear reactors or nuclear weapons.
(c) The President may waive the application of subsection (a) to a
country if the President determines and certifies to Congress that the
waiver will not result in any increased risk that the country receiving
the waiver will acquire nuclear weapons, nuclear reactors, or any
materials or components of nuclear weapons and--
(1) the government of such country has not within the
preceding 12-month period willfully aided or abetted the
international proliferation of nuclear explosive devices to
individuals or groups or willfully aided and abetted an
individual or groups in acquiring unsafeguarded nuclear
materials;
(2) in the judgment of the President, the government of
such country has provided adequate, verifiable assurances that
it will cease its support for acts of international terrorism;
(3) the waiver of that subsection is in the vital national
security interest of the United States; or
(4) such a waiver is essential to prevent or respond to a
serious radiological hazard in the country receiving the waiver
that may or does threaten public health and safety.
(d) This section shall apply with respect to exports that have been
approved for transfer as of the date of the enactment of this Act but
have not yet been transferred as of that date.
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,
$38,500,000, 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, $20,268,000, 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, $2,096,000, 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, $662,777,000, to remain available until expended: Provided,
That of the amount appropriated herein, $69,050,000 shall be derived
from the Nuclear Waste Fund: Provided further, That revenues from
licensing fees, inspection services, and other services and collections
estimated at $534,354,300 in fiscal year 2005 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 2005 so
as to result in a final fiscal year 2005 appropriation estimated at not
more than $128,422,700: Provided further, that none of the funds made
available in this Act or any other appropriations Act for fiscal year
2005, or for any previous fiscal year, may be used by the Commission to
issue a license during fiscal year 2005 to construct or operate a new
commercial nuclear power plant in the United States.
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, $7,518,000, to remain available until expended: Provided, That
revenues from licensing fees, inspection services, and other services
and collections estimated at $6,766,200 in fiscal year 2005 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 2005 so as to result in
a final fiscal year 2005 appropriation estimated at not more than
$751,800.
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. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
This Act may be cited as the ``Energy and Water Development
Appropriations Act, 2005''.
Union Calendar No. 322
108th CONGRESS
2d Session
H. R. 4614
[Report No. 108-554]
_______________________________________________________________________
A BILL
Making appropriations for energy and water development for the fiscal
year ending September 30, 2005, and for other purposes.
_______________________________________________________________________
June 18, 2004
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed